[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1052]

[Page 426-452]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)--Table of Contents
 
                Subpart Z--Toxic and Hazardous Substances
 
Sec. 1910.1052  Methylene Chloride.

    This occupational health standard establishes requirements for 
employers to control occupational exposure to methylene chloride (MC). 
Employees exposed to MC are at increased risk of developing cancer, 
adverse effects on the heart, central nervous system and liver, and skin 
or eye irritation. Exposure may occur through inhalation, by absorption 
through the skin, or through contact with the skin. MC is a solvent 
which is used in many different types of work activities, such as paint 
stripping, polyurethane foam manufacturing, and cleaning and degreasing. 
Under the requirements of paragraph (d) of this section, each covered 
employer must make an initial determination of each employee's exposure 
to MC. If the employer determines that employees are exposed below the 
action level, the only other provisions of this section that apply are 
that a record must be made of the determination, the employees must 
receive information and training under paragraph (l) of this section 
and, where appropriate, employees must be protected from contact with 
liquid MC under paragraph (h) of this section. The provisions of the MC 
standard are as follows:
    (a) Scope and application. This section applies to all occupational 
exposures to methylene chloride (MC), Chemical Abstracts Service 
Registry Number 75-09-2, in general industry, construction and shipyard 
employment.
    (b) Definitions. For the purposes of this section, the following 
definitions shall apply:
    Action level means a concentration of airborne MC of 12.5 parts per 
million (ppm) calculated as an eight (8)-hour time-weighted average 
(TWA).
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Authorized person means any person specifically authorized by the 
employer and required by work duties to be present in regulated areas, 
or any person entering such an area as a designated representative of 
employees for the purpose of exercising the right to observe monitoring 
and measuring procedures under paragraph (d) of this section, or any 
other person authorized by the OSH Act or regulations issued under the 
Act.
    Director means the Director of the National Institute for 
Occupational Safety and Health, U.S. Department of Health and Human 
Services, or designee.
    Emergency means any occurrence, such as, but not limited to, 
equipment failure, rupture of containers, or failure of control 
equipment, which results, or is likely to result in an uncontrolled 
release of MC. If an incidental release of MC can be controlled by 
employees such as maintenance personnel at the time of release and in 
accordance with the leak/spill provisions required by paragraph (f) of 
this section, it is not considered an emergency as defined by this 
standard.
    Employee exposure means exposure to airborne MC which occurs or 
would occur if the employee were not using respiratory protection.
    Methylene chloride (MC) means an organic compound with chemical 
formula, CH2 Cl2. Its Chemical Abstracts Service 
Registry Number is 75-09-2. Its molecular weight is 84.9 g/mole.
    Physician or other licensed health care professional is an 
individual whose legally permitted scope of practice (i.e., license, 
registration, or certification) allows him or her to independently 
provide or be delegated the responsibility to provide some or all of the 
health care services required by paragraph (j) of this section.
    Regulated area means an area, demarcated by the employer, where an 
employee's exposure to airborne concentrations of MC exceeds or can 
reasonably be expected to exceed either the 8-hour TWA PEL or the STEL.
    Symptom means central nervous system effects such as headaches, 
disorientation, dizziness, fatigue, and decreased attention span; skin 
effects such as chapping, erythema, cracked skin, or skin burns; and 
cardiac effects such as chest pain or shortness of breath.
    This section means this methylene chloride standard.
    (c) Permissible exposure limits (PELs)--(1) Eight-hour time-weighted 
average (TWA) PEL. The employer shall ensure

[[Page 427]]

that no employee is exposed to an airborne concentration of MC in excess 
of twenty-five parts of MC per million parts of air (25 ppm) as an 8-
hour TWA.
    (2) Short-term exposure limit (STEL). The employer shall ensure that 
no employee is exposed to an airborne concentration of MC in excess of 
one hundred and twenty-five parts of MC per million parts of air (125 
ppm) as determined over a sampling period of fifteen minutes.
    (d) Exposure monitoring--(1) Characterization of employee exposure. 
(i) Where MC is present in the workplace, the employer shall determine 
each employee's exposure by either:
    (A) Taking a personal breathing zone air sample of each employee's 
exposure; or
    (B) Taking personal breathing zone air samples that are 
representative of each employee's exposure.
    (ii) Representative samples. The employer may consider personal 
breathing zone air samples to be representative of employee exposures 
when they are taken as follows:
    (A) 8-hour TWA PEL. The employer has taken one or more personal 
breathing zone air samples for at least one employee in each job 
classification in a work area during every work shift, and the employee 
sampled is expected to have the highest MC exposure.
    (B) Short-term exposure limits. The employer has taken one or more 
personal breathing zone air samples which indicate the highest likely 
15-minute exposures during such operations for at least one employee in 
each job classification in the work area during every work shift, and 
the employee sampled is expected to have the highest MC exposure.
    (C) Exception. Personal breathing zone air samples taken during one 
work shift may be used to represent employee exposures on other work 
shifts where the employer can document that the tasks performed and 
conditions in the workplace are similar across shifts.
    (iii) Accuracy of monitoring. The employer shall ensure that the 
methods used to perform exposure monitoring produce results that are 
accurate to a confidence level of 95 percent, and are:
    (A) Within plus or minus 25 percent for airborne concentrations of 
MC above the 8-hour TWA PEL or the STEL; or
    (B) Within plus or minus 35 percent for airborne concentrations of 
MC at or above the action level but at or below the 8-hour TWA PEL.
    (2) Initial determination. Each employer whose employees are exposed 
to MC shall perform initial exposure monitoring to determine each 
affected employee's exposure, except under the following conditions:
    (i) Where objective data demonstrate that MC cannot be released in 
the workplace in airborne concentrations at or above the action level or 
above the STEL. The objective data shall represent the highest MC 
exposures likely to occur under reasonably foreseeable conditions of 
processing, use, or handling. The employer shall document the objective 
data exemption as specified in paragraph (m) of this section;
    (ii) Where the employer has performed exposure monitoring within 12 
months prior to April 10, 1997 and that exposure monitoring meets all 
other requirements of this section, and was conducted under conditions 
substantially equivalent to existing conditions; or
    (iii) Where employees are exposed to MC on fewer than 30 days per 
year (e.g., on a construction site), and the employer has measurements 
by direct-reading instruments which give immediate results (such as a 
detector tube) and which provide sufficient information regarding 
employee exposures to determine what control measures are necessary to 
reduce exposures to acceptable levels.
    (3) Periodic monitoring. Where the initial determination shows 
employee exposures at or above the action level or above the STEL, the 
employer shall establish an exposure monitoring program for periodic 
monitoring of employee exposure to MC in accordance with Table 1:

[[Page 428]]



 Table 1--Initial Determination Exposure Scenarios and Their Associated
                         Monitoring Frequencies
------------------------------------------------------------------------
      Exposure scenario               Required monitoring activity
------------------------------------------------------------------------
Below the action level and at  No 8-hour TWA or STEL monitoring
 or below the STEL.             required.
Below the action level and     No 8-hour TWA monitoring required;
 above the STEL.                monitor STEL exposures every three
                                months.
At or above the action level,  Monitor 8-hour TWA exposures every six
 at or below the TWA, and at    months.
 or below the STEL.
At or above the action level,  Monitor 8-hour TWA exposures every six
 at or below the TWA, and       months and monitor STEL exposures every
 above the STEL.                three months.
Above the TWA and at or below  Monitor 8-hour TWA exposures every three
 the STEL.                      months. In addition, without regard to
                                the last sentence of the note to
                                paragraph (d)(3), the following
                                employers must monitor STEL exposures
                                every three months until either the date
                                by which they must achieve the 8-hour
                                TWA PEL under paragraph (n) of this
                                section or the date by which they in
                                fact achieve the 8-hour TWA PEL,
                                whichever comes first: employers engaged
                                in polyurethane foam manufacturing; foam
                                fabrication; furniture refinishing;
                                general aviation aircraft stripping;
                                product formulation; use of MC-based
                                adhesives for boat building and repair,
                                recreational vehicle manufacture, van
                                conversion, or upholstery; and use of MC
                                in construction work for restoration and
                                preservation of buildings, painting and
                                paint removal, cabinet making, or floor
                                refinishing and resurfacing.
Above the TWA and above the    Monitor 8-hour TWA exposures and STEL
 STEL.                          exposures every three months.
------------------------------------------------------------------------

    [Note to paragraph (d)(3):
    The employer may decrease the frequency of 8-hour TWA exposure 
monitoring to every six months when at least two consecutive 
measurements taken at least seven days apart show exposures to be at or 
below the 8-hour TWA PEL. The employer may discontinue the periodic 8-
hour TWA monitoring for employees where at least two consecutive 
measurements taken at least seven days apart are below the action level. 
The employer may discontinue the periodic STEL monitoring for employees 
where at least two consecutive measurements taken at least 7 days apart 
are at or below the STEL.]
    (4) Additional monitoring. (i) The employer shall perform exposure 
monitoring when a change in workplace conditions indicates that employee 
exposure may have increased. Examples of situations that may require 
additional monitoring include changes in production, process, control 
equipment, or work practices, or a leak, rupture, or other breakdown.
    (ii) Where exposure monitoring is performed due to a spill, leak, 
rupture or equipment breakdown, the employer shall clean-up the MC and 
perform the appropriate repairs before monitoring.
    (5) Employee notification of monitoring results. (i) The employer 
shall, within 15 working days after the receipt of the results of any 
monitoring performed under this section, notify each affected employee 
of these results in writing, either individually or by posting of 
results in an appropriate location that is accessible to affected 
employees.
    (ii) Whenever monitoring results indicate that employee exposure is 
above the 8-hour TWA PEL or the STEL, the employer shall describe in the 
written notification the corrective action being taken to reduce 
employee exposure to or below the 8-hour TWA PEL or STEL and the 
schedule for completion of this action.
    (6) Observation of monitoring--(i) Employee observation. The 
employer shall provide affected employees or their designated 
representatives an opportunity to observe any monitoring of employee 
exposure to MC conducted in accordance with this section.
    (ii) Observation procedures. When observation of the monitoring of 
employee exposure to MC requires entry into an area where the use of 
protective clothing or equipment is required, the employer shall 
provide, at no cost to the observer(s), and the observer(s) shall be 
required to use such clothing and equipment and shall comply with all 
other applicable safety and health procedures.
    (e) Regulated areas. (1) The employer shall establish a regulated 
area wherever an employee's exposure to airborne concentrations of MC 
exceeds or can reasonably be expected to exceed either the 8-hour TWA 
PEL or the STEL.
    (2) The employer shall limit access to regulated areas to authorized 
persons.
    (3) The employer shall supply a respirator, selected in accordance 
with

[[Page 429]]

paragraph (h)(3) of this section, to each person who enters a regulated 
area and shall require each affected employee to use that respirator 
whenever MC exposures are likely to exceed the 8-hour TWA PEL or STEL.
    [Note to paragraph (e)(3):
    An employer who has implemented all feasible engineering, work 
practice and administrative controls (as required in paragraph (f) of 
this section), and who has established a regulated area (as required by 
paragraph (e)(1) of this section) where MC exposure can be reliably 
predicted to exceed the 8-hour TWA PEL or the STEL only on certain days 
(for example,because of work or process schedule) would need to have 
affected employees use respirators in that regulated area only on those 
days.]
    (4) The employer shall ensure that, within a regulated area, 
employees do not engage in non-work activities which may increase dermal 
or oral MC exposure.
    (5) The employer shall ensure that while employees are wearing 
respirators, they do not engage in activities (such as taking medication 
or chewing gum or tobacco) which interfere with respirator seal or 
performance.
    (6) The employer shall demarcate regulated areas from the rest of 
the workplace in any manner that adequately establishes and alerts 
employees to the boundaries of the area and minimizes the number of 
authorized employees exposed to MC within the regulated area.
    (7) An employer at a multi-employer worksite who establishes a 
regulated area shall communicate the access restrictions and locations 
of these areas to all other employers with work operations at that 
worksite.
    (f) Methods of compliance--(1) Engineering and work practice 
controls. The employer shall institute and maintain the effectiveness of 
engineering controls and work practices to reduce employee exposure to 
or below the PELs except to the extent that the employer can demonstrate 
that such controls are not feasible. Wherever the feasible engineering 
controls and work practices which can be instituted are not sufficient 
to reduce employee exposure to or below the 8-TWA PEL or STEL, the 
employer shall use them to reduce employee exposure to the lowest levels 
achievable by these controls and shall supplement them by the use of 
respiratory protection that complies with the requirements of paragraph 
(g) of this section.
    (2) Prohibition of rotation. The employer shall not implement a 
schedule of employee rotation as a means of compliance with the PELs.
    (3) Leak and spill detection. (i) The employer shall implement 
procedures to detect leaks of MC in the workplace. In work areas where 
spills may occur, the employer shall make provisions to contain any 
spills and to safely dispose of any MC-contaminated waste materials.
    (ii) The employer shall ensure that all incidental leaks are 
repaired and that incidental spills are cleaned promptly by employees 
who use the appropriate personal protective equipment and are trained in 
proper methods of cleanup.
    [Note to paragraph (f)(3)(ii):
    See Appendix A of this section for examples of procedures that 
satisfy this requirement. Employers covered by this standard may also be 
subject to the hazardous waste and emergency response provisions 
contained in 29 CFR 1910.120 (q).]
    (g) Respiratory protection--(1) General. For employees who use 
respirators required by this section, the employer must provide 
respirators that comply with the requirements of this paragraph. 
Respirators must be used during:
    (i) Periods when an employee's exposure to MC exceeds the 8-hour TWA 
PEL, or STEL (for example, when an employee is using MC in a regulated 
area).
    (ii) Periods necessary to install or implement feasible engineering 
and work-practice controls.
    (iii) A few work operations, such as some maintenance operations and 
repair activities, for which the employer demonstrates that engineering 
and work-practice controls are infeasible.
    (iv) Work operations for which feasible engineering and work-
practice controls are not sufficient to reduce employee exposures to or 
below the PELs.
    (v) Emergencies.
    (2) Respirator program. (i) The employer must implement a 
respiratory protection program in accordance with 29 CFR 1910.134 (b) 
through (m) (except (d)(1)(iii) and (d)(3)(iii)(B) (1) and (2)).

[[Page 430]]

    (ii) Employers who provide employees with gas masks with organic-
vapor canisters for the purpose of emergency escape must replace the 
canisters after any emergency use and before the gas masks are returned 
to service.
    (3) Respirator selection. The employer must select appropriate 
atmosphere-supplying respirators from Table 2 of this section.

  Table 2--Minimum Requirements for Respiratory Protection for Airborne
                           Methylene Chloride
------------------------------------------------------------------------
 Methylene chloride airborne
    concentration (ppm) or          Minimum respirator required \1\
       condition of use
------------------------------------------------------------------------
Up to 625 ppm (25 X PEL).....  (1) Continuous flow supplied-air
                                respirator, hood or helmet.
Up to 1250 ppm (50 X 8-TWA     (1) Full facepiece supplied-air
 PEL).                          respirator operated in negative pressure
                                (demand) mode.
                               (2) Full facepiece self-contained
                                breathing apparatus (SCBA) operated in
                                negative pressure (demand) mode.
Up to 5000 ppm (200 X 8-TWA    (1) Continuous flow supplied-air
 PEL).                          respirator, full facepiece.
                               (2) Pressure demand supplied-air
                                respirator, full facepiece.
                               (3) Positive pressure full facepiece
                                SCBA.
Unknown concentration, or      (1) Positive pressure full facepiece
 above 5000 ppm (Greater than   SCBA.
 200 X 8-TWA PEL).
                               (2) Full facepiece pressure demand
                                supplied-air respirator with an
                                auxiliary self-contained air supply.
Fire fighting................  Positive pressure full facepiece SCBA.
Emergency escape.............  (1) Any continuous flow or pressure
                                demand SCBA.
                               (2) Gas mask with organic vapor canister.
------------------------------------------------------------------------
\1\ Respirators assigned for higher airborne concentrations may be used
  at lower concentrations.

    (4) Medical evaluation. Before having an employee use a supplied-air 
respirator in the negative-pressure mode, or a gas mask with an organic-
vapor canister for emergency escape, the employer must:
    (i) Have a physician or other licensed health-care professional 
(PLHCP) evaluate the employee's ability to use such respiratory 
protection.
    (ii) Ensure that the PLHCP provides their findings in a written 
opinion to the employee and the employer.
    (h) Protective Work Clothing and Equipment. (1) Where needed to 
prevent MC-induced skin or eye irritation, the employer shall provide 
clean protective clothing and equipment which is resistant to MC, at no 
cost to the employee, and shall ensure that each affected employee uses 
it. Eye and face protection shall meet the requirements of 29 CFR 
1910.133 or 29 CFR 1915.153, as applicable.
    (2) The employer shall clean, launder, repair and replace all 
protective clothing and equipment required by this paragraph as needed 
to maintain their effectiveness.
    (3) The employer shall be responsible for the safe disposal of such 
clothing and equipment.
    [Note to paragraph (h)(4):
    See Appendix A for examples of disposal procedures that will satisfy 
this requirement.]
    (i) Hygiene facilities. (1) If it is reasonably foreseeable that 
employees' skin may contact solutions containing 0.1 percent or greater 
MC (for example, through splashes, spills or improper work practices), 
the employer shall provide conveniently located washing facilities 
capable of removing the MC, and shall ensure that affected employees use 
these facilities as needed.
    (2) If it is reasonably foreseeable that an employee's eyes may 
contact solutions containing 0.1 percent or greater MC (for example 
through splashes, spills or improper work practices), the employer shall 
provide appropriate eyewash facilities within the immediate work area 
for emergency use, and shall ensure that affected employees use those 
facilities when necessary.
    (j) Medical surveillance--(1) Affected employees. The employer shall 
make medical surveillance available for employees who are or may be 
exposed to MC as follows:
    (i) At or above the action level on 30 or more days per year, or 
above the 8- hour TWA PEL or the STEL on 10 or more days per year;

[[Page 431]]

    (ii) Above the 8-TWA PEL or STEL for any time period where an 
employee has been identified by a physician or other licensed health 
care professional as being at risk from cardiac disease or from some 
other serious MC-related health condition and such employee requests 
inclusion in the medical surveillance program;
    (iii) During an emergency.
    (2) Costs. The employer shall provide all required medical 
surveillance at no cost to affected employees, without loss of pay and 
at a reasonable time and place.
    (3) Medical personnel. The employer shall ensure that all medical 
surveillance procedures are performed by a physician or other licensed 
health care professional, as defined in paragraph (b) of this section.
    (4) Frequency of medical surveillance. The employer shall make 
medical surveillance available to each affected employee as follows:
    (i) Initial surveillance. The employer shall provide initial medical 
surveillance under the schedule provided by paragraph (n)(2)(iii) of 
this section, or before the time of initial assignment of the employee, 
whichever is later. The employer need not provide the initial 
surveillance if medical records show that an affected employee has been 
provided with medical surveillance that complies with this section 
within 12 months before April 10, 1997.
    (ii) Periodic medical surveillance. The employer shall update the 
medical and work history for each affected employee annually. The 
employer shall provide periodic physical examinations, including 
appropriate laboratory surveillance, as follows:
    (A) For employees 45 years of age or older, within 12 months of the 
initial surveillance or any subsequent medical surveillance; and
    (B) For employees younger than 45 years of age, within 36 months of 
the initial surveillance or any subsequent medical surveillance.
    (iii) Termination of employment or reassignment. When an employee 
leaves the employer's workplace, or is reassigned to an area where 
exposure to MC is consistently at or below the action level and STEL, 
medical surveillance shall be made available if six months or more have 
elapsed since the last medical surveillance.
    (iv) Additional surveillance. The employer shall provide additional 
medical surveillance at frequencies other than those listed above when 
recommended in the written medical opinion. (For example, the physician 
or other licensed health care professional may determine an examination 
is warranted in less than 36 months for employees younger than 45 years 
of age based upon evaluation of the results of the annual medical and 
work history.)
    (5) Content of medical surveillance--(i) Medical and work history. 
The comprehensive medical and work history shall emphasize neurological 
symptoms, skin conditions, history of hematologic or liver disease, 
signs or symptoms suggestive of heart disease (angina, coronary artery 
disease), risk factors for cardiac disease, MC exposures, and work 
practices and personal protective equipment used during such exposures.
    [Note to paragraph (j)(5)(i):
    See Appendix B of this section for an example of a medical and work 
history format that would satisfy this requirement.]
    (ii) Physical examination. Where physical examinations are provided 
as required above, the physician or other licensed health care 
professional shall accord particular attention to the lungs, 
cardiovascular system (including blood pressure and pulse), liver, 
nervous system, and skin. The physician or other licensed health care 
professional shall determine the extent and nature of the physical 
examination based on the health status of the employee and analysis of 
the medical and work history.
    (iii) Laboratory surveillance. The physician or other licensed 
health care professional shall determine the extent of any required 
laboratory surveillance based on the employee's observed health status 
and the medical and work history.
    [Note to paragraph (j)(5)(iii):
    See Appendix B of this section for information regarding medical 
tests. Laboratory surveillance may include before- and after-shift 
carboxyhemoglobin determinations, resting ECG, hematocrit, liver 
function tests and cholesterol levels.]
    (iv) Other information or reports. The medical surveillance shall 
also include

[[Page 432]]

any other information or reports the physician or other licensed health 
care professional determines are necessary to assess the employee's 
health in relation to MC exposure.
    (6) Content of emergency medical surveillance. The employer shall 
ensure that medical surveillance made available when an employee has 
been exposed to MC in emergency situations includes, at a minimum:
    (i) Appropriate emergency treatment and decontamination of the 
exposed employee;
    (ii) Comprehensive physical examination with special emphasis on the 
nervous system, cardiovascular system, lungs, liver and skin, including 
blood pressure and pulse;
    (iii) Updated medical and work history, as appropriate for the 
medical condition of the employee; and
    (iv) Laboratory surveillance, as indicated by the employee's health 
status.
    [Note to paragraph (j)(6)(iv):
    See Appendix B for examples of tests which may be appropriate.]
    (7) Additional examinations and referrals. Where the physician or 
other licensed health care professional determines it is necessary, the 
scope of the medical examination shall be expanded and the appropriate 
additional medical surveillance, such as referrals for consultation or 
examination, shall be provided.
    (8) Information provided to the physician or other licensed health 
care professional. The employer shall provide the following information 
to a physician or other licensed health care professional who is 
involved in the diagnosis of MC-induced health effects:
    (i) A copy of this section including its applicable appendices;
    (ii) A description of the affected employee's past, current and 
anticipated future duties as they relate to the employee's MC exposure;
    (iii) The employee's former or current exposure levels or, for 
employees not yet occupationally exposed to MC, the employee's 
anticipated exposure levels and the frequency and exposure levels 
anticipated to be associated with emergencies;
    (iv) A description of any personal protective equipment, such as 
respirators, used or to be used; and
    (v) Information from previous employment-related medical 
surveillance of the affected employee which is not otherwise available 
to the physician or other licensed health care professional.
    (9) Written medical opinions. (i) For each physical examination 
required by this section, the employer shall ensure that the physician 
or other licensed health care professional provides to the employer and 
to the affected employee a written opinion regarding the results of that 
examination within 15 days of completion of the evaluation of medical 
and laboratory findings, but not more than 30 days after the 
examination. The written medical opinion shall be limited to the 
following information:
    (A) The physician or other licensed health care professional's 
opinion concerning whether exposure to MC may contribute to or aggravate 
the employee's existing cardiac, hepatic, neurological (including 
stroke) or dermal disease or whether the employee has any other medical 
condition(s) that would place the employee's health at increased risk of 
material impairment from exposure to MC.
    (B) Any recommended limitations upon the employee's exposure to MC, 
including removal from MC exposure, or upon the employee's use of 
respirators, protective clothing, or other protective equipment.
    (C) A statement that the employee has been informed by the physician 
or other licensed health care professional that MC is a potential 
occupational carcinogen, of risk factors for heart disease, and the 
potential for exacerbation of underlying heart disease by exposure to MC 
through its metabolism to carbon monoxide; and
    (D) A statement that the employee has been informed by the physician 
or other licensed health care professional of the results of the medical 
examination and any medical conditions resulting from MC exposure which 
require further explanation or treatment.
    (ii) The employer shall instruct the physician or other licensed 
health care professional not to reveal to the employer, orally or in the 
written opinion, any specific records, findings, and diagnoses that have 
no bearing on occupational exposure to MC.

[[Page 433]]

    [Note to paragraph (j)(9)(ii):
    The written medical opinion may also include information and 
opinions generated to comply with other OSHA health standards.]
    (10) Medical presumption. For purposes of this paragraph (j) of this 
section, the physician or other licensed health care professional shall 
presume, unless medical evidence indicates to the contrary, that a 
medical condition is unlikely to require medical removal from MC 
exposure if the employee is not exposed to MC above the 8-hour TWA PEL. 
If the physician or other licensed health care professional recommends 
removal for an employee exposed below the 8-hour TWA PEL, the physician 
or other licensed health care professional shall cite specific medical 
evidence, sufficient to rebut the presumption that exposure below the 8-
hour TWA PEL is unlikely to require removal, to support the 
recommendation. If such evidence is cited by the physician or other 
licensed health care professional, the employer must remove the 
employee. If such evidence is not cited by the physician or other 
licensed health care professional, the employer is not required to 
remove the employee.
    (11) Medical Removal Protection (MRP). (i) Temporary medical removal 
and return of an employee.
    (A) Except as provided in paragraph (j)(10) of this section, when a 
medical determination recommends removal because the employee's exposure 
to MC may contribute to or aggravate the employee's existing cardiac, 
hepatic, neurological (including stroke), or skin disease, the employer 
must provide medical removal protection benefits to the employee and 
either:
    (1) Transfer the employee to comparable work where methylene 
chloride exposure is below the action level; or
    (2) Remove the employee from MC exposure.
    (B) If comparable work is not available and the employer is able to 
demonstrate that removal and the costs of extending MRP benefits to an 
additional employee, considering feasibility in relation to the size of 
the employer's business and the other requirements of this standard, 
make further reliance on MRP an inappropriate remedy, the employer may 
retain the additional employee in the existing job until transfer or 
removal becomes appropriate, provided:
    (1) The employer ensures that the employee receives additional 
medical surveillance, including a physical examination at least every 60 
days until transfer or removal occurs; and
    (2) The employer or PLHCP informs the employee of the risk to the 
employee's health from continued MC exposure.
    (C) The employer shall maintain in effect any job-related protective 
measures or limitations, other than removal, for as long as a medical 
determination recommends them to be necessary.
    (ii) End of MRP benefits and return of the employee to former job 
status.
    (A) The employer may cease providing MRP benefits at the earliest of 
the following:
    (1) Six months;
    (2) Return of the employee to the employee's former job status 
following receipt of a medical determination concluding that the 
employee's exposure to MC no longer will aggravate any cardiac, hepatic, 
neurological (including stroke), or dermal disease;
    (3) Receipt of a medical determination concluding that the employee 
can never return to MC exposure.
    (B) For the purposes of this paragraph (j), the requirement that an 
employer return an employee to the employee's former job status is not 
intended to expand upon or restrict any rights an employee has or would 
have had, absent temporary medical removal, to a specific job 
classification or position under the terms of a collective bargaining 
agreement.
    (12) Medical removal protection benefits. (i) For purposes of this 
paragraph (j), the term medical removal protection benefits means that, 
for each removal, an employer must maintain for up to six months the 
earnings, seniority, and other employment rights and benefits of the 
employee as though the employee had not been removed from MC exposure or 
transferred to a comparable job.
    (ii) During the period of time that an employee is removed from 
exposure to MC, the employer may condition the

[[Page 434]]

provision of medical removal protection benefits upon the employee's 
participation in follow-up medical surveillance made available pursuant 
to this section.
    (iii) If a removed employee files a workers' compensation claim for 
a MC-related disability, the employer shall continue the MRP benefits 
required by this paragraph until either the claim is resolved or the 6-
month period for payment f MRP benefits has passed, whichever occurs 
first. To the extent the employee is entitled to indemnity payments for 
earnings lost during the period of removal, the employer's obligation to 
provide medical removal protection benefits to the employee shall be 
reduced by the amount of such indemnity payments.
    (iv) The employer's obligation to provide medical removal protection 
benefits to a removed employee shall be reduced to the extent that the 
employee receives compensation for earnings lost during the period of 
removal from either a publicly or an employer-funded compensation 
program, or receives income from employment with another employer made 
possible by virtue of the employee's removal.
    (13) Voluntary removal or restriction of an employee. Where an 
employer, although not required by this section to do so, removes an 
employee from exposure to MC or otherwise places any limitation on an 
employee due to the effects of MC exposure on the employee's medical 
condition, the employer shall provide medical removal protection 
benefits to the employee equal to those required by paragraph (j)(12) of 
this section.
    (14) Multiple health care professional review mechanism. (i) If the 
employer selects the initial physician or licensed health care 
professional (PLHCP) to conduct any medical examination or consultation 
provided to an employee under this paragraph (j)(11), the employer shall 
notify the employee of the right to seek a second medical opinion each 
time the employer provides the employee with a copy of the written 
opinion of that PLHCP.
    (ii) If the employee does not agree with the opinion of the 
employer-selected PLHCP, notifies the employer of that fact, and takes 
steps to make an appointment with a second PLHCP within 15 days of 
receiving a copy of the written opinion of the initial PLHCP, the 
employer shall pay for the PLHCP chosen by the employee to perform at 
least the following:
    (A) Review any findings, determinations or recommendations of the 
initial PLHCP; and
    (B) Conduct such examinations, consultations, and laboratory tests 
as the PLHCP deems necessary to facilitate this review.
    (iii) If the findings, determinations or recommendations of the 
second PLHCP differ from those of the initial PLHCP, then the employer 
and the employee shall instruct the two health care professionals to 
resolve the disagreement.
    (iv) If the two health care professionals are unable to resolve 
their disagreement within 15 days, then those two health care 
professionals shall jointly designate a PLHCP who is a specialist in the 
field at issue. The employer shall pay for the specialist to perform at 
least the following:
    (A) Review the findings, determinations, and recommendations of the 
first two PLHCPs; and
    (B) Conduct such examinations, consultations, laboratory tests and 
discussions with the prior PLHCPs as the specialist deems necessary to 
resolve the disagreements of the prior health care professionals.
    (v) The written opinion of the specialist shall be the definitive 
medical determination. The employer shall act consistent with the 
definitive medical determination, unless the employer and employee agree 
that the written opinion of one of the other two PLHCPs shall be the 
definitive medical determination.
    (vi) The employer and the employee or authorized employee 
representative may agree upon the use of any expeditious alternate 
health care professional determination mechanism in lieu of the multiple 
health care professional review mechanism provided by this paragraph so 
long as the alternate mechanism otherwise satisfies the requirements 
contained in this paragraph.

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    (k) Hazard communication. The employer shall communicate the 
following hazards associated with MC on labels and in material safety 
data sheets in accordance with the requirements of the Hazard 
Communication Standard, 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 
1926.59, as appropiate: cancer, cardiac effects (including elevation of 
carboxyhemoglobin), central nervous system effects, liver effects, and 
skin and eye irritation.
    (l) Employee information and training. (1) The employer shall 
provide information and training for each affected employee prior to or 
at the time of initial assignment to a job involving potential exposure 
to MC.
    (2) The employer shall ensure that information and training is 
presented in a manner that is understandable to the employees.
    (3) In addition to the information required under the Hazard 
Communication Standard at 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 
1926.59, as appropiate:
    (i) The employer shall inform each affected employee of the 
requirements of this section and information available in its 
appendices, as well as how to access or obtain a copy of it in the 
workplace;
    (ii) Wherever an employee's exposure to airborne concentrations of 
MC exceeds or can reasonably be expected to exceed the action level, the 
employer shall inform each affected employee of the quantity, location, 
manner of use, release, and storage of MC and the specific operations in 
the workplace that could result in exposure to MC, particularly noting 
where exposures may be above the 8-hour TWA PEL or STEL;
    (4) The employer shall train each affected employee as required 
under the Hazard Communication standard at 29 CFR 1910.1200, 29 CFR 
1915.1200, or 29 CFR 1926.59, as appropiate.
    (5) The employer shall re-train each affected employee as necessary 
to ensure that each employee exposed above the action level or the STEL 
maintains the requisite understanding of the principles of safe use and 
handling of MC in the workplace.
    (6) Whenever there are workplace changes, such as modifications of 
tasks or procedures or the institution of new tasks or procedures, which 
increase employee exposure, and where those exposures exceed or can 
reasonably be expected to exceed the action level, the employer shall 
update the training as necessary to ensure that each affected employee 
has the requisite proficiency.
    (7) An employer whose employees are exposed to MC at a multi-
employer worksite shall notify the other employers with work operations 
at that site in accordance with the requirements of the Hazard 
Communication Standard, 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 
1926.59, as appropiate.
    (8) The employer shall provide to the Assistant Secretary or the 
Director, upon request, all available materials relating to employee 
information and training.
    (m) Recordkeeping--(1) Objective data. (i) Where an employer seeks 
to demonstrate that initial monitoring is unnecessary through reasonable 
reliance on objective data showing that any materials in the workplace 
containing MC will not release MC at levels which exceed the action 
level or the STEL under foreseeable conditions of exposure, the employer 
shall establish and maintain an accurate record of the objective data 
relied upon in support of the exemption.
    (ii) This record shall include at least the following information:
    (A) The MC-containing material in question;
    (B) The source of the objective data;
    (C) The testing protocol, results of testing, and/or analysis of the 
material for the release of MC;
    (D) A description of the operation exempted under paragraph 
(d)(2)(i) of this section and how the data support the exemption; and
    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exemption.
    (iii) The employer shall maintain this record for the duration of 
the employer's reliance upon such objective data.
    (2) Exposure measurements. (i) The employer shall establish and keep 
an accurate record of all measurements

[[Page 436]]

taken to monitor employee exposure to MC as prescribed in paragraph (d) 
of this section.
    (ii) Where the employer has 20 or more employees, this record shall 
include at least the following information:
    (A) The date of measurement for each sample taken;
    (B) The operation involving exposure to MC which is being monitored;
    (C) Sampling and analytical methods used and evidence of their 
accuracy;
    (D) Number, duration, and results of samples taken;
    (E) Type of personal protective equipment, such as respiratory 
protective devices, worn, if any; and
    (F) Name, social security number, job classification and exposure of 
all of the employees represented by monitoring, indicating which 
employees were actually monitored.
    (iii) Where the employer has fewer than 20 employees, the record 
shall include at least the following information:
    (A) The date of measurement for each sample taken;
    (B) Number, duration, and results of samples taken; and
    (C) Name, social security number, job classification and exposure of 
all of the employees represented by monitoring, indicating which 
employees were actually monitored.
    (iv) The employer shall maintain this record for at least thirty 
(30) years, in accordance with 29 CFR 1910.1020.
    (3) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance under paragraph (j) of this section.
    (ii) The record shall include at least the following information:
    (A) The name, social security number and description of the duties 
of the employee;
    (B) Written medical opinions; and
    (C) Any employee medical conditions related to exposure to MC.
    (iii) The employer shall ensure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 29 
CFR 1910.1020.
    (4) Availability. (i) The employer, upon written request, shall make 
all records required to be maintained by this section available to the 
Assistant Secretary and the Director for examination and copying in 
accordance with 29 CFR 1910.1020.
    [Note to paragraph (m)(4)(i):
    All records required to be maintained by this section may be kept in 
the most administratively convenient form (for example, electronic or 
computer records would satisfy this requirement).]
    (ii) The employer, upon request, shall make any employee exposure 
and objective data records required by this section available for 
examination and copying by affected employees, former employees, and 
designated representatives in accordance with 29 CFR 1910.1020.
    (iii) The employer, upon request, shall make employee medical 
records required to be kept by this section available for examination 
and copying by the subject employee and by anyone having the specific 
written consent of the subject employee in accordance with 29 CFR 
1910.1020.
    (5) Transfer of records. The employer shall comply with the 
requirements concerning transfer of records set forth in 29 CFR 
1910.1020(h).
    (n) Dates--(1) Effective date. This section shall become effective 
April 10, 1997.
    (2) Start-up dates. (i) Initial monitoring required by paragraph 
(d)(2) of this section shall be completed according to the following 
schedule:
    (A) For employers with fewer than 20 employees, within 300 days 
after the effective date of this section.
    (B) For polyurethane foam manufacturers with 20 to 99 employees, 
within 255 days after the effective date of this section.
    (C) For all other employers, within 150 days after the effective 
date of this section.
    (ii) Engineering controls required under paragraph (f)(1) of this 
section shall be implemented according to the following schedule:
    (A) For employers with fewer than 20 employees: within three (3) 
years after the effective date of this section.
    (B) For employers with fewer than 150 employees engaged in foam 
fabrication; for employers with fewer than 50

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employees engaged in furniture refinishing, general aviation aircraft 
stripping, and product formulation; for employers with fewer than 50 
employees using MC-based adhesives for boat building and repair, 
recreational vehicle manufacture, van conversion, and upholstering; for 
employers with fewer than 50 employees using MC in construction work for 
restoration and preservation of buildings, painting and paint removal, 
cabinet making and/or floor refinishing and resurfacing: within three 
(3) years after the effective date of this section.
    (C) For employers engaged in polyurethane foam manufacturing with 20 
employees or more: within thirty (30) months after the effective date of 
this section.
    (D) For employers with 150 or more employees engaged in foam 
fabrication; for employers with 50 or more employees engaged in 
furniture refinishing, general aviation aircraft stripping, and product 
formulation; for employers with 50 or more employees using MC-based 
adhesives in boat building and repair, recreational vehicle manufacture, 
van conversion and upholstering; and for employers with 50 or more 
employees using MC in construction work for restoration and preservation 
of buildings, painting and paint removal, cabinet making and/or floor 
refinishing and resurfacing: within two (2) years after the effective 
date of this section.
    (E) For all other employers: within one (1) year after the effective 
date of this section.
    (iii) Employers identified in paragraphs (n)(2)(ii)(B), (C), and (D) 
of this section shall comply with the requirements listed below in this 
subparagraph by the dates indicated:
    (A) Use of respiratory protection whenever an employee's exposure to 
MC exceeds or can reasonably be expected to exceed the 8-hour TWA PEL, 
in accordance with paragraphs (c)(1), (e)(3), (f)(1) and (g)(1) of this 
section: by the applicable dates set out in paragraphs (n)(2)(ii)(B), 
(C) and (D) of this section for the installation of engineering 
controls.
    (B) Use of respiratory protection whenever an employee's exposure to 
MC exceeds or can reasonably be expected to exceed the STEL in 
accordance with paragraphs (e)(3), (f)(1), and (g)(1) of this section: 
by the applicable dates indicated in paragraph (n)(2)(iv) of this 
section.
    (C) Implementation of work practices (such as leak and spill 
detection, cleanup and enclosure of containers) required by paragraph 
(f)(1) of this section: by the applicable dates indicated in paragraph 
(n)(2)(iv) of this section.
    (D) Notification of corrective action under paragraph (d)(5)(ii) of 
this section: no later than (90) days before the compliance date 
applicable to such corrective action.
    (iv) Unless otherwise specified in this paragraph (n), all other 
requirements of this section shall be complied with according to the 
following schedule:
    (A) For employers with fewer than 20 employees, within one (1) year 
after the effective date of this section.
    (B) For employers engaged in polyurethane foam manufacturing with 20 
to 99 employees, within 270 days after the effective date of this 
section.
    (C) For all other employers, within 255 days after the effective 
date of this section.
    (3) Transitional dates. The exposure limits for MC specified in 29 
CFR 1910.1000 (1996), Table Z-2, shall remain in effect until the start-
up dates for the exposure limits specified in paragraph (n) of this 
section, or if the exposure limits in this section are stayed or 
vacated.
    (o) Appendices. The information contained in the appendices does 
not, by itself, create any additional obligations not otherwise imposed 
or detract from any existing obligation.
    [Note to paragraph (o):
    The requirement of 29 CFR 1910.1052(g)(1) to use respiratory 
protection whenever an employee's exposure to methylene chloride exceeds 
or can reasonably be expected to exceed the 8-hour TWA PEL is hereby 
stayed until August 31, 1998 for employers engaged in polyurethane foam 
manufacturing; foam fabrication; furniture refinishing; general aviation 
aircraft stripping; formulation of products containing methylene 
chloride; boat building and repair; recreational vehicle manufacture; 
van conversion; upholstery; and use of methylene chloride in 
construction work for restoration and preservation of buildings, 
painting and paint removal, cabinet making and/or floor refinishing and 
resurfacing.
    The requirement of 29 CFR 1910.1052(f)(1) to implement engineering 
controls to achieve

[[Page 438]]

the 8-hour TWA PEL and STEL is hereby stayed until December 10, 1998 for 
employers with more than 100 employees engaged in polyurethane foam 
manufacturing and for employers with more than 20 employees engaged in 
foam fabrication; furniture refinishing; general aviation aircraft 
stripping; formulation of products containing methylene chloride; boat 
building and repair; recreational vehicle manufacture; van conversion; 
upholstery; and use of methylene chloride in construction work for 
restoration and preservation of buildings, painting and paint removal, 
cabinet making and/or floor refinishing and resurfacing.]

    Appendix A to Section 1910.1052--Substance Safety Data Sheet and 
               Technical Guidelines for Methylene Chloride

                       I. Substance Identification

    A. Substance: Methylene chloride (CH2 Cl2).
    B. Synonyms: MC, Dichloromethane (DCM); Methylene dichloride; 
Methylene bichloride; Methane dichloride; CAS: 75-09-2; NCI-C50102.
    C. Physical data:
    1. Molecular weight: 84.9.
    2. Boiling point (760 mm Hg): 39.8  deg.C (104  deg.F).
    3. Specific gravity (water=1): 1.3.
    4. Vapor density (air=1 at boiling point): 2.9.
    5. Vapor pressure at 20  deg.C (68  deg.F): 350 mm Hg.
    6. Solubility in water, g/100 g water at 20  deg.C (68  deg.F)=1.32.
    7. Appearance and odor: colorless liquid with a chloroform-like 
odor.
    D. Uses:
    MC is used as a solvent, especially where high volatility is 
required. It is a good solvent for oils, fats, waxes, resins, bitumen, 
rubber and cellulose acetate and is a useful paint stripper and 
degreaser. It is used in paint removers, in propellant mixtures for 
aerosol containers, as a solvent for plastics, as a degreasing agent, as 
an extracting agent in the pharmaceutical industry and as a blowing 
agent in polyurethane foams. Its solvent property is sometimes increased 
by mixing with methanol, petroleum naphtha or tetrachloroethylene.
    E. Appearance and odor:
    MC is a clear colorless liquid with a chloroform-like odor. It is 
slightly soluble in water and completely miscible with most organic 
solvents.
    F. Permissible exposure:
    Exposure may not exceed 25 parts MC per million parts of air (25 
ppm) as an eight-hour time-weighted average (8-hour TWA PEL) or 125 
parts of MC per million parts of air (125 ppm) averaged over a 15-minute 
period (STEL).

                         II. Health Hazard Data

    A. MC can affect the body if it is inhaled or if the liquid comes in 
contact with the eyes or skin. It can also affect the body if it is 
swallowed.
    B. Effects of overexposure:
    1. Short-term Exposure:
    MC is an anesthetic. Inhaling the vapor may cause mental confusion, 
light-headedness, nausea, vomiting, and headache. Continued exposure may 
cause increased light-headedness, staggering, unconsciousness, and even 
death. High vapor concentrations may also cause irritation of the eyes 
and respiratory tract. Exposure to MC may make the symptoms of angina 
(chest pains) worse. Skin exposure to liquid MC may cause irritation. If 
liquid MC remains on the skin, it may cause skin burns. Splashes of the 
liquid into the eyes may cause irritation.
    2. Long-term (chronic) exposure:
    The best evidence that MC causes cancer is from laboratory studies 
in which rats, mice and hamsters inhaled MC 6 hours per day, 5 days per 
week for 2 years. MC exposure produced lung and liver tumors in mice and 
mammary tumors in rats. No carcinogenic effects of MC were found in 
hamsters.
    There are also some human epidemiological studies which show an 
association between occupational exposure to MC and increases in biliary 
(bile duct) cancer and a type of brain cancer. Other epidemiological 
studies have not observed a relationship between MC exposure and cancer. 
OSHA interprets these results to mean that there is suggestive (but not 
absolute) evidence that MC is a human carcinogen.
    C. Reporting signs and symptoms:
    You should inform your employer if you develop any signs or symptoms 
and suspect that they are caused by exposure to MC.
    D. Warning Properties:
    1. Odor Threshold:
    Different authors have reported varying odor thresholds for MC. 
Kirk-Othmer and Sax both reported 25 to 50 ppm; Summer and May both 
reported 150 ppm; Spector reports 320 ppm. Patty, however, states that 
since one can become adapted to the odor, MC should not be considered to 
have adequate warning properties.
    2. Eye Irritation Level:
    Kirk-Othmer reports that ``MC vapor is seriously damaging to the 
eyes.'' Sax agrees with Kirk-Othmer's statement. The ACGIH Documentation 
of TLVs states that irritation of the eyes has been observed in workers 
exposed to concentrations up to 5000 ppm.
    3. Evaluation of Warning Properties:
    Since a wide range of MC odor thresholds are reported (25-320 ppm), 
and human adaptation to the odor occurs, MC is considered to be a 
material with poor warning properties.

[[Page 439]]

                   III. Emergency First Aid Procedures

    In the event of emergency, institute first aid procedures and send 
for first aid or medical assistance.
    A. Eye and Skin Exposures:
    If there is a potential for liquid MC to come in contact with eye or 
skin, face shields and skin protective equipment must be provided and 
used. If liquid MC comes in contact with the eye, get medical attention. 
Contact lenses should not be worn when working with this chemical.
    B. Breathing:
    If a person breathes in large amounts of MC, move the exposed person 
to fresh air at once. If breathing has stopped, perform cardiopulmorary 
resuscitation. Keep the affected person warm and at rest. Get medical 
attention as soon as possible.
    C. Rescue:
    Move the affected person from the hazardous exposure immediately. If 
the exposed person has been overcome, notify someone else and put into 
effect the established emergency rescue procedures. Understand the 
facility's emergency rescue procedures and know the locations of rescue 
equipment before the need arises. Do not become a casualty yourself.

        IV. Respirators, Protective Clothing, and Eye Protection

    A. Respirators:
    Good industrial hygiene practices recommend that engineering 
controls be used to reduce environmental concentrations to the 
permissible exposure level. However, there are some exceptions where 
respirators may be used to control exposure. Respirators may be used 
when engineering and work practice controls are not feasible, when such 
controls are in the process of being installed, or when these controls 
fail and need to be supplemented. Respirators may also be used for 
operations which require entry into tanks or closed vessels, and in 
emergency situations.
    If the use of respirators is necessary, the only respirators 
permitted are those that have been approved by the Mine Safety and 
Health Administration (MSHA) or the National Institute for Occupational 
Safety and Health (NIOSH). Supplied-air respirators are required because 
air-purifying respirators do not provide adequate respiratory protection 
against MC.
    In addition to respirator selection, a complete written respiratory 
protection program should be instituted which includes regular training, 
maintenance, inspection, cleaning, and evaluation. If you can smell MC 
while wearing a respirator, proceed immediately to fresh air. If you 
experience difficulty in breathing while wearing a respirator, tell your 
employer.
    B. Protective Clothing:
    Employees must be provided with and required to use impervious 
clothing, gloves, face shields (eight-inch minimum), and other 
appropriate protective clothing necessary to prevent repeated or 
prolonged skin contact with liquid MC or contact with vessels containing 
liquid MC. Any clothing which becomes wet with liquid MC should be 
removed immediately and not reworn until the employer has ensured that 
the protective clothing is fit for reuse. Contaminated protective 
clothing should be placed in a regulated area designated by the employer 
for removal of MC before the clothing is laundered or disposed of. 
Clothing and equipment should remain in the regulated area until all of 
the MC contamination has evaporated; clothing and equipment should then 
be laundered or disposed of as appropriate.
    C. Eye Protection:
    Employees should be provided with and required to use splash-proof 
safety goggles where liquid MC may contact the eyes.

                 V. Housekeeping and Hygiene Facilities

    For purposes of complying with 29 CFR 1910.141, the following items 
should be emphasized:
    A. The workplace should be kept clean, orderly, and in a sanitary 
condition. The employer should institute a leak and spill detection 
program for operations involving liquid MC in order to detect sources of 
fugitive MC emissions.
    B. Emergency drench showers and eyewash facilities are recommended. 
These should be maintained in a sanitary condition. Suitable cleansing 
agents should also be provided to assure the effective removal of MC 
from the skin.
    C. Because of the hazardous nature of MC, contaminated protective 
clothing should be placed in a regulated area designated by the employer 
for removal of MC before the clothing is laundered or disposed of.

           VI. Precautions for Safe Use, Handling, and Storage

    A. Fire and Explosion Hazards:
    MC has no flash point in a conventional closed tester, but it forms 
flammable vapor-air mixtures at approximately 100  deg.C (212  deg.F), 
or higher. It has a lower explosion limit of 12%, and an upper explosion 
limit of 19% in air. It has an autoignition temperature of 556.1  deg.C 
(1033  deg.F), and a boiling point of 39.8  deg.C (104  deg.F). It is 
heavier than water with a specific gravity of 1.3. It is slightly 
soluble in water.
    B. Reactivity Hazards:
    Conditions contributing to the instability of MC are heat and 
moisture. Contact with strong oxidizers, caustics, and chemically active 
metals such as aluminum or magnesium powder, sodium and potassium may 
cause fires and explosions.

[[Page 440]]

    Special precautions: Liquid MC will attack some forms of plastics, 
rubber, and coatings.
    C. Toxicity:
    Liquid MC is painful and irritating if splashed in the eyes or if 
confined on the skin by gloves, clothing, or shoes. Vapors in high 
concentrations may cause narcosis and death. Prolonged exposure to 
vapors may cause cancer or exacerbate cardiac disease.
    D. Storage:
    Protect against physical damage. Because of its corrosive 
properties, and its high vapor pressure, MC should be stored in plain, 
galvanized or lead lined, mild steel containers in a cool, dry, well 
ventilated area away from direct sunlight, heat source and acute fire 
hazards.
    E. Piping Material:
    All piping and valves at the loading or unloading station should be 
of material that is resistant to MC and should be carefully inspected 
prior to connection to the transport vehicle and periodically during the 
operation.
    F. Usual Shipping Containers:
    Glass bottles, 5- and 55-gallon steel drums, tank cars, and tank 
trucks.
    Note: This section addresses MC exposure in marine terminal and 
longshore employment only where leaking or broken packages allow MC 
exposure that is not addressed through compliance with 29 CFR parts 1917 
and 1918, respectively.
    G. Electrical Equipment:
    Electrical installations in Class I hazardous locations as defined 
in Article 500 of the National Electrical Code, should be installed 
according to Article 501 of the code; and electrical equipment should be 
suitable for use in atmospheres containing MC vapors. See Flammable and 
Combustible Liquids Code (NFPA No. 325M), Chemical Safety Data Sheet SD-
86 (Manufacturing Chemists' Association, Inc.).
    H. Fire Fighting:
    When involved in fire, MC emits highly toxic and irritating fumes 
such as phosgene, hydrogen chloride and carbon monoxide. Wear breathing 
apparatus and use water spray to keep fire-exposed containers cool. 
Water spray may be used to flush spills away from exposures. 
Extinguishing media are dry chemical, carbon dioxide, foam. For purposes 
of compliance with 29 CFR 1910.307, locations classified as hazardous 
due to the presence of MC shall be Class I.
    I. Spills and Leaks:
    Persons not wearing protective equipment and clothing should be 
restricted from areas of spills or leaks until cleanup has been 
completed. If MC has spilled or leaked, the following steps should be 
taken:
    1. Remove all ignition sources.
    2. Ventilate area of spill or leak.
    3. Collect for reclamation or absorb in vermiculite, dry sand, 
earth, or a similar material.
    J. Methods of Waste Disposal:
    Small spills should be absorbed onto sand and taken to a safe area 
for atmospheric evaporation. Incineration is the preferred method for 
disposal of large quantities by mixing with a combustible solvent and 
spraying into an incinerator equipped with acid scrubbers to remove 
hydrogen chloride gases formed. Complete combustion will convert carbon 
monoxide to carbon dioxide. Care should be taken for the presence of 
phosgene.
    K. You should not keep food, beverage, or smoking materials, or eat 
or smoke in regulated areas where MC concentrations are above the 
permissible exposure limits.
    L. Portable heating units should not be used in confined areas where 
MC is used.
    M. Ask your supervisor where MC is used in your work area and for 
any additional plant safety and health rules.

                        VII. Medical Requirements

    Your employer is required to offer you the opportunity to 
participate in a medical surveillance program if you are exposed to MC 
at concentrations at or above the action level (12.5 ppm 8-hour TWA) for 
more than 30 days a year or at concentrations exceeding the PELs (25 ppm 
8-hour TWA or 125 ppm 15-minute STEL) for more than 10 days a year. If 
you are exposed to MC at concentrations over either of the PELs, your 
employer will also be required to have a physician or other licensed 
health care professional ensure that you are able to wear the respirator 
that you are assigned. Your employer must provide all medical 
examinations relating to your MC exposure at a reasonable time and place 
and at no cost to you.

               VIII. Monitoring and Measurement Procedures

    A. Exposure above the Permissible Exposure Limit:
    1. Eight-hour exposure evaluation: Measurements taken for the 
purpose of determining employee exposure under this section are best 
taken with consecutive samples covering the full shift. Air samples must 
be taken in the employee's breathing zone.
    2. Monitoring techniques: The sampling and analysis under this 
section may be performed by collection of the MC vapor on two charcoal 
adsorption tubes in series or other composition adsorption tubes, with 
subsequent chemical analysis. Sampling and analysis may also be 
performed by instruments such as real-time continuous monitoring 
systems, portable direct reading instruments, or passive dosimeters as 
long as measurements taken using these methods accurately evaluate the 
concentration of MC in employees'' breathing zones.
    OSHA method 80 is an example of a validated method of sampling and 
analysis of

[[Page 441]]

MC. Copies of this method are available from OSHA or can be downloaded 
from the Internet at http://www.osha.gov. The employer has the 
obligation of selecting a monitoring method which meets the accuracy and 
precision requirements of the standard under his or her unique field 
conditions. The standard requires that the method of monitoring must be 
accurate, to a 95 percent confidence level, to plus or minus 25 percent 
for concentrations of MC at or above 25 ppm, and to plus or minus 35 
percent for concentrations at or below 25 ppm. In addition to OSHA 
method 80, there are numerous other methods available for monitoring for 
MC in the workplace.
    B. Since many of the duties relating to employee exposure are 
dependent on the results of measurement procedures, employers must 
assure that the evaluation of employee exposure is performed by a 
technically qualified person.

                      IX. Observation of Monitoring

    Your employer is required to perform measurements that are 
representative of your exposure to MC and you or your designated 
representative are entitled to observe the monitoring procedure. You are 
entitled to observe the steps taken in the measurement procedure, and to 
record the results obtained. When the monitoring procedure is taking 
place in an area where respirators or personal protective clothing and 
equipment are required to be worn, you or your representative must also 
be provided with, and must wear, protective clothing and equipment.

                        X. Access To Information

    A. Your employer is required to inform you of the information 
contained in this Appendix. In addition, your employer must instruct you 
in the proper work practices for using MC, emergency procedures, and the 
correct use of protective equipment.
    B. Your employer is required to determine whether you are being 
exposed to MC. You or your representative has the right to observe 
employee measurements and to record the results obtained. Your employer 
is required to inform you of your exposure. If your employer determines 
that you are being over exposed, he or she is required to inform you of 
the actions which are being taken to reduce your exposure to within 
permissible exposure limits.
    C. Your employer is required to keep records of your exposures and 
medical examinations. These records must be kept by the employer for at 
least thirty (30) years.
    D. Your employer is required to release your exposure and medical 
records to you or your representative upon your request.
    E. Your employee is required to provide labels and material safety 
data sheets (MSDS) for all materials, mixtures or solutions composed of 
greater than 0.1 percent MC. An example of a label that would satisfy 
these requirements would be:

       Danger Contains Methylene Chloride Potential Cancer Hazard

    May worsen heart disease because methylene chloride is converted to 
carbon monoxide in the body.
    May cause dizziness, headache, irritation of the throat and lungs, 
loss of consciousness and death at high concentrations (for example, if 
used in a poorly ventilated room).
    Avoid Skin Contact. Contact with liquid causes skin and eye 
irritation.

                   XI. Common Operations and Controls

    The following list includes some common operations in which exposure 
to MC may occur and control methods which may be effective in each case:

------------------------------------------------------------------------
                Operations                            Controls
------------------------------------------------------------------------
Use as solvent in paint and varnish         General dilution
 removers; manufacture of aerosols; cold     ventilation; local exhaust
 cleaning and ultrasonic cleaning; and as    ventilation; personal
 a solvent in furniture stripping.           protective equipment;
                                             substitution.
Use as solvent in vapor degreasing........  Process enclosure; local
                                             exhaust ventilation;
                                             chilling coils;
                                             substitution.
Use as a secondary refrigerant in air       General dilution
 conditioning and scientific testing.        ventilation; local exhaust
                                             ventilation; personal
                                             protective equipment.
------------------------------------------------------------------------

   Appendix B to Section 1910.105--Medical Surveillance for Methylene 
                                Chloride

                        I. Primary Route of Entry

    Inhalation.

                             II. Toxicology

    Methylene Chloride (MC) is primarily an inhalation hazard. The 
principal acute hazardous effects are the depressant action on the 
central nervous system, possible cardiac toxicity and possible liver 
toxicity. The range of CNS effects are from decreased eye/hand 
coordination and decreased performance in vigilance tasks to narcosis 
and even death of individuals exposed at very high doses. Cardiac 
toxicity is due to the metabolism of MC to carbon monoxide, and the 
effects of carbon monoxide on heart tissue. Carbon monoxide displaces 
oxygen in the blood, decreases the oxygen available to heart tissue, 
increasing the risk of damage to the heart, which may result in heart 
attacks in susceptible individuals. Susceptible individuals include 
persons with heart disease and those with risk factors for heart 
disease.
    Elevated liver enzymes and irritation to the respiratory passages 
and eyes have also

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been reported for both humans and experimental animals exposed to MC 
vapors.
    MC is metabolized to carbon monoxide and carbon dioxide via two 
separate pathways. Through the first pathway, MC is metabolized to 
carbon monoxide as an end-product via the P-450 mixed function oxidase 
pathway located in the microsomal fraction of the cell. This 
biotransformation of MC to carbon monoxide occurs through the process of 
microsomal oxidative dechlorination which takes place primarily in the 
liver. The amount of conversion to carbon monoxide is significant as 
measured by the concentration of carboxyhemoglobin, up to 12% measured 
in the blood following occupational exposure of up to 610 ppm. Through 
the second pathway, MC is metabolized to carbon dioxide as an end 
product (with formaldehyde and formic acid as metabolic intermediates) 
via the glutathione dependent enzyme found in the cytosolic fraction of 
the liver cell. Metabolites along this pathway are believed to be 
associated with the carcinogenic activity of MC.
    MC has been tested for carcinogenicity in several laboratory 
rodents. These rodent studies indicate that there is clear evidence that 
MC is carcinogenic to male and female mice and female rats. Based on 
epidemiologic studies, OSHA has concluded that there is suggestive 
evidence of increased cancer risk in MC-related worker populations. The 
epidemiological evidence is consistent with the finding of excess cancer 
in the experimental animal studies. NIOSH regards MC as a potential 
occupational carcinogen and the International Agency for Research Cancer 
(IARC) classifies MC as an animal carcinogen. OSHA considers MC as a 
suspected human carcinogen.

            III. Medical Signs and Symptoms of Acute Exposure

    Skin exposure to liquid MC may cause irritation or skin burns. 
Liquid MC can also be irritating to the eyes. MC is also absorbed 
through the skin and may contribute to the MC exposure by inhalation.
    At high concentrations in air, MC may cause nausea, vomiting, light-
headedness, numbness of the extremities, changes in blood enzyme levels, 
and breathing problems, leading to bronchitis and pulmonary edema, 
unconsciousness and even death.
    At lower concentrations in air, MC may cause irritation to the skin, 
eye, and respiratory tract and occasionally headache and nausea. Perhaps 
the greatest problem from exposure to low concentrations of MC is the 
CNS effects on coordination and alertness that may cause unsafe 
operations of machinery and equipment, leading to self-injury or 
accidents.
    Low levels and short duration exposures do not seem to produce 
permanent disability, but chronic exposures to MC have been demonstrated 
to produce liver toxicity in animals, and therefore, the evidence is 
suggestive for liver toxicity in humans after chronic exposure.
    Chronic exposure to MC may also cause cancer.

             IV. Surveillance and Preventive Considerations

    As discussed above, MC is classified as a suspect or potential human 
carcinogen. It is a central nervous system (CNS) depressant and a skin, 
eye and respiratory tract irritant. At extremely high concentrations, MC 
has caused liver damage in animals.
    MC principally affects the CNS, where it acts as a narcotic. The 
observation of the symptoms characteristic of CNS depression, along with 
a physical examination, provides the best detection of early 
neurological disorders. Since exposure to MC also increases the 
carboxyhemoglobin level in the blood, ambient carbon monoxide levels 
would have an additive effect on that carboxyhemoglobin level. Based on 
such information, a periodic post-shift carboxyhemoglobin test as an 
index of the presence of carbon monoxide in the blood is recommended, 
but not required, for medical surveillance.
    Based on the animal evidence and three epidemiologic studies 
previously mentioned, OSHA concludes that MC is a suspect human 
carcinogen. The medical surveillance program is designed to observe 
exposed workers on a regular basis. While the medical surveillance 
program cannot detect MC-induced cancer at a preneoplastic stage, OSHA 
anticipates that, as in the past, early detection and treatments of 
cancers leading to enhanced survival rates will continue to evolve.
    A. Medical and Occupational History:
    The medical and occupational work history plays an important role in 
the initial evaluation of workers exposed to MC. It is therefore 
extremely important for the examining physician or other licensed health 
care professional to evaluate the MC-exposed worker carefully and 
completely and to focus the examination on MC's potentially associated 
health hazards. The medical evaluation must include an annual detailed 
work and medical history with special emphasis on cardiac history and 
neurological symptoms.
    An important goal of the medical history is to elicit information 
from the worker regarding potential signs or symptoms associated with 
increased levels of carboxyhemoglobin due to the presence of carbon 
monoxide in the blood. Physicians or other licensed health care 
professionals should ensure that the smoking history of all MC exposed 
employees is known. Exposure to MC may cause a significant increase in 
carboxyhemoglobin level in all exposed

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persons. However, smokers as well as workers with anemia or heart 
disease and those concurrently exposed to carbon monoxide are at 
especially high risk of toxic effects because of an already reduced 
oxygen carrying capacity of the blood.
    A comprehensive or interim medical and work history should also 
include occurrence of headache, dizziness, fatigue, chest pain, 
shortness of breath, pain in the limbs, and irritation of the skin and 
eyes.
    In addition, it is important for the physician or other licensed 
health care professional to become familiar with the operating 
conditions in which exposure to MC is likely to occur. The physician or 
other licensed health care professional also must become familiar with 
the signs and symptoms that may indicate that a worker is receiving 
otherwise unrecognized and exceptionally high exposure levels of MC.
    An example of a medical and work history that would satisfy the 
requirement for a comprehensive or interim work history is represented 
by the following:
    The following is a list of recommended questions and issues for the 
self-administered questionnaire for methylene chloride exposure.

              Questionnaire For Methylene Chloride Exposure

                       I. Demographic Information

1. Name
2. Social Security Number
3. Date
4. Date of Birth
5. Age
6. Present occupation
7. Sex
8. Race

                        II. Occupational History

    1. Have you ever worked with methylene chloride, dichloromethane, 
methylene dichloride, or CH2 Cl2 (all are 
different names for the same chemical)? Please list which on the 
occupational history form if you have not already.
    2. If you have worked in any of the following industries and have 
not listed them on the occupational history form, please do so.
Furniture stripping
Polyurethane foam manufacturing
Chemical manufacturing or formulation
Pharmaceutical manufacturing
Any industry in which you used solvents to clean and degrease equipment 
or parts
Construction, especially painting and refinishing
Aerosol manufacturing
Any industry in which you used aerosol adhesives

    3. If you have not listed hobbies or household projects on the 
occupational history form, especially furniture refinishing, spray 
painting, or paint stripping, please do so.

                          III. Medical History

                               A. General

    1. Do you consider yourself to be in good health? If no, state 
reason(s).
    2. Do you or have you ever had:
    a. Persistent thirst
    b. Frequent urination (three times or more at night)
    c. Dermatitis or irritated skin
    d. Non-healing wounds
    3. What prescription or non-prescription medications do you take, 
and for what reasons?
    4. Are you allergic to any medications, and what type of reaction do 
you have?

                             B. Respiratory

    1. Do you have or have you ever had any chest illnesses or diseases? 
Explain.
    2. Do you have or have you ever had any of the following:
    a. Asthma
    b. Wheezing
    c. Shortness of breath
    3. Have you ever had an abnormal chest X-ray? If so, when, where, 
and what were the findings?
    4. Have you ever had difficulty using a respirator or breathing 
apparatus? Explain.
    5. Do any chest or lung diseases run in your family? Explain.
    6. Have you ever smoked cigarettes, cigars, or a pipe? Age started:
    7. Do you now smoke?
    8. If you have stopped smoking completely, how old were you when you 
stopped?
    9. On the average of the entire time you smoked, how many packs of 
cigarettes, cigars, or bowls of tobacco did you smoke per day?

                            C. Cardiovascular

    1. Have you ever been diagnosed with any of the following: Which of 
the following apply to you now or did apply to you at some time in the 
past, even if the problem is controlled by medication? Please explain 
any yes answers (i.e., when problem was diagnosed, length of time on 
medication).

a. High cholesterol or triglyceride level
b. Hypertension (high blood pressure)
c. Diabetes
d. Family history of heart attack, stroke, or blocked arteries

    2. Have you ever had chest pain? If so, answer the next five 
questions.

a. What was the quality of the pain (i.e., crushing, stabbing, 
squeezing)?
b. Did the pain go anywhere (i.e., into jaw, left arm)?

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c. What brought the pain out?
d. How long did it last?
e. What made the pain go away?

    3. Have you ever had heart disease, a heart attack, stroke, 
aneurysm, or blocked arteries anywhere in you body? Explain (when, 
treatment).
    4. Have you ever had bypass surgery for blocked arteries in your 
heart or anywhere else? Explain.
    5. Have you ever had any other procedures done to open up a blocked 
artery (balloon angioplasty, carotid endarterectomy, clot-dissolving 
drug)?
    6. Do you have or have you ever had (explain each):

a. Heart murmur
b. Irregular heartbeat
c. Shortness of breath while lying flat
d. Congestive heart failure
e. Ankle swelling
f. Recurrent pain anywhere below the waist while walking

    7. Have you ever had an electrocardiogram (EKG)? When?
    8. Have you ever had an abnormal EKG? If so, when, where, and what 
were the findings?
    9. Do any heart diseases, high blood pressure, diabetes, high 
cholesterol, or high triglycerides run in your family? Explain.

                      D. Hepatobiliary and Pancreas

    1. Do you now or have you ever drunk alcoholic beverages? Age 
started: -------- Age stopped: --------.
    2. Average numbers per week:

a. Beers: --------, ounces in usual container:
b. Glasses of wine: --------, ounces per glass:
c. Drinks: --------, ounces in usual container:

    3. Do you have or have you ever had (explain each):

a. Hepatitis (infectious, autoimmune, drug-induced, or chemical)
b. Jaundice
c. Elevated liver enzymes or elevated bilirubin
d. Liver disease or cancer

                        E. Central Nervous System

    1. Do you or have you ever had (explain each):

a. Headache
b. Dizziness
c. Fainting
d. Loss of consciousness
e. Garbled speech
f. Lack of balance
g. Mental/psychiatric illness
h. Forgetfulness
F. Hematologic

    1. Do you have, or have you ever had (explain each):

a. Anemia
b. Sickle cell disease or trait
c. Glucose-6-phosphate dehydrogenase deficiency
d. Bleeding tendency disorder

    2. If not already mentioned previously, have you ever had a reaction 
to sulfa drugs or to drugs used to prevent or treat malaria? What was 
the drug? Describe the reaction.

                         B. Physical Examination

    The complete physical examination, when coupled with the medical and 
occupational history, assists the physician or other licensed health 
care professional in detecting pre-existing conditions that might place 
the employee at increased risk, and establishes a baseline for future 
health monitoring. These examinations should include:
    1. Clinical impressions of the nervous system, cardiovascular 
function and pulmonary function, with additional tests conducted where 
indicated or determined by the examining physician or other licensed 
health care professional to be necessary.
    2. An evaluation of the advisability of the worker using a 
respirator, because the use of certain respirators places an additional 
burden on the cardiopulmonary system. It is necessary for the attending 
physician or other licensed health care professional to evaluate the 
cardiopulmonary function of these workers, in order to inform the 
employer in a written medical opinion of the worker's ability or fitness 
to work in an area requiring the use of certain types of respiratory 
protective equipment. The presence of facial hair or scars that might 
interfere with the worker's ability to wear certain types of respirators 
should also be noted during the examination and in the written medical 
opinion.
    Because of the importance of lung function to workers required to 
wear certain types of respirators to protect themselves from MC 
exposure, these workers must receive an assessment of pulmonary function 
before they begin to wear a negative pressure respirator and at least 
annually thereafter. The recommended pulmonary function tests include 
measurement of the employee's forced vital capacity (FVC), forced 
expiratory volume at one second (FEV1), as well as calculation of the 
ratios of FEV1 to FVC, and the ratios of measured FVC and measured FEV1 
to expected respective values corrected for variation due to age, sex, 
race, and height. Pulmonary function evaluation must be conducted by a 
physician or other licensed health care professional experienced in 
pulmonary function tests.
    The following is a summary of the elements of a physical exam which 
would fulfill the requirements under the MC standard:

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                              Physical Exam

                         I. Skin and appendages

1. Irritated or broken skin
2. Jaundice
3. Clubbing cyanosis, edema
4. Capillary refill time
5. Pallor

                                II. Head

1. Facial deformities
2. Scars
3. Hair growth

                                III. Eyes

1. Scleral icterus
2. Corneal arcus
3. Pupillary size and response
4. Fundoscopic exam

                                IV. Chest

1. Standard exam

                                V. Heart

1. Standard exam
2. Jugular vein distension
3. Peripheral pulses

                               VI. Abdomen

1. Liver span

                           VII. Nervous System

1. Complete standard neurologic exam

                            VIII. Laboratory

1. Hemoglobin and hematocrit
2. Alanine aminotransferase (ALT, SGPT)
3. Post-shift carboxyhemoglobin

                               IX. Studies

1. Pulmonary function testing
2. Electrocardiogram

    An evaluation of the oxygen carrying capacity of the blood of 
employees (for example by measured red blood cell volume) is considered 
useful, especially for workers acutely exposed to MC.
    It is also recommended, but not required, that end of shift 
carboxyhemoglobin levels be determined periodically, and any level above 
3% for non-smokers and above 10% for smokers should prompt an 
investigation of the worker and his workplace. This test is recommended 
because MC is metabolized to CO, which combines strongly with 
hemoglobin, resulting in a reduced capacity of the blood to transport 
oxygen in the body. This is of particular concern for cigarette smokers 
because they already have a diminished hemoglobin capacity due to the 
presence of CO in cigarette smoke.

                C. Additional Examinations and Referrals

1. Examination by a Specialist

    When a worker examination reveals unexplained symptoms or signs 
(i.e. in the physical examination or in the laboratory tests), follow-up 
medical examinations are necessary to assure that MC exposure is not 
adversely affecting the worker's health. When the examining physician or 
other licensed health care professional finds it necessary, additional 
tests should be included to determine the nature of the medical problem 
and the underlying cause. Where relevant, the worker should be sent to a 
specialist for further testing and treatment as deemed necessary.
    The final rule requires additional investigations to be covered and 
it also permits physicians or other licensed health care professionals 
to add appropriate or necessary tests to improve the diagnosis of 
disease should such tests become available in the future.

2. Emergencies

    The examination of workers exposed to MC in an emergency should be 
directed at the organ systems most likely to be affected. If the worker 
has received a severe acute exposure, hospitalization may be required to 
assure proper medical intervention. It is not possible to precisely 
define ``severe,'' but the physician or other licensed health care 
professional's judgement should not merely rest on hospitalization. If 
the worker has suffered significant conjunctival, oral, or nasal 
irritation, respiratory distress, or discomfort, the physician or other 
licensed health care professional should instigate appropriate follow-up 
procedures. These include attention to the eyes, lungs and the 
neurological system. The frequency of follow-up examinations should be 
determined by the attending physician or other licensed health care 
professional. This testing permits the early identification essential to 
proper medical management of such workers.

                         D. Employer Obligations

    The employer is required to provide the responsible physician or 
other licensed health care professional and any specialists involved in 
a diagnosis with the following information: a copy of the MC standard 
including relevant appendices, a description of the affected employee's 
duties as they relate to his or her exposure to MC; an estimate of the 
employee's exposure including duration (e.g., 15hr/wk, three 8-hour 
shifts/wk, full time); a description of any personal protective 
equipment used by the employee, including respirators; and the results 
of any previous medical determinations for the affected employee related 
to MC exposure to the extent that this information is within the 
employer's control.

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 E. Physicians' or Other Licensed Health Care Professionals' Obligations

    The standard requires the employer to ensure that the physician or 
other licensed health care professional provides a written statement to 
the employee and the employer. This statement should contain the 
physician's or licensed health care professional's opinion as to whether 
the employee has any medical condition placing him or her at increased 
risk of impaired health from exposure to MC or use of respirators, as 
appropriate. The physician or other licensed health care professional 
should also state his or her opinion regarding any restrictions that 
should be placed on the employee's exposure to MC or upon the use of 
protective clothing or equipment such as respirators. If the employee 
wears a respirator as a result of his or her exposure to MC, the 
physician or other licensed health care professional's opinion should 
also contain a statement regarding the suitability of the employee to 
wear the type of respirator assigned. Furthermore, the employee should 
be informed by the physician or other licensed health care professional 
about the cancer risk of MC and about risk factors for heart disease, 
and the potential for exacerbation of underlying heart disease by 
exposure to MC through its metabolism to carbon monoxide. Finally, the 
physician or other licensed health care professional should inform the 
employer that the employee has been told the results of the medical 
examination and of any medical conditions which require further 
explanation or treatment. This written opinion must not contain any 
information on specific findings or diagnosis unrelated to employee's 
occupational exposures.
    The purpose in requiring the examining physician or other licensed 
health care professional to supply the employer with a written opinion 
is to provide the employer with a medical basis to assist the employer 
in placing employees initially, in assuring that their health is not 
being impaired by exposure to MC, and to assess the employee's ability 
to use any required protective equipment.

   Appendix C to Section 1910.1052--Questions and Answers--Methylene 
                 Chloride Control in Furniture Stripping
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[62 FR 1601, Jan. 10, 1997, as amended at 62 FR 42667, Aug. 8, 1997; 62 
FR 54383, Oct. 20, 1997; 62 FR 66277, Dec. 18, 1997; 63 FR 1295, Jan. 8, 
1998; 63 FR 20099, Apr. 23, 1998; 63 FR 50729, Sept. 22, 1998]

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