[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1043]

[Page 276-304]
 
                             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.  1910.1043  Cotton dust.

    (a) Scope and application. (1) This section, in its entirety, 
applies to the control of employee exposure to cotton dust in all 
workplaces where employees engage in yarn manufacturing, engage in 
slashing and weaving operations, or work in waste houses for textile 
operations.
    (2) This section does not apply to the handling or processing of 
woven or knitted materials; to maritime operations covered by 29 CFR 
Parts 1915 and 1918; to harvesting or ginning of cotton; or to the 
construction industry.
    (3) Only paragraphs (h) Medical surveillance, (k)(2) through (4) 
Recordkeeping--Medical Records, and Appendices B, C and D of this 
section apply in all work places where employees exposed to cotton dust 
engage in cottonseed processing or waste processing operations.
    (4) This section applies to yarn manufacturing and slashing and 
weaving operations exclusively using washed cotton (as defined by 
paragraph (n) of this section) only to the extent specified by paragraph 
(n) of this section.
    (5) This section, in its entirety, applies to the control of all 
employees exposure to the cotton dust generated in the preparation of 
washed cotton from opening until the cotton is thoroughly wetted.
    (6) This section does not apply to knitting, classing or warehousing 
operations except that employers with these operations, if requested by 
NIOSH, shall grant NIOSH access to their employees and workplaces for 
exposure monitoring and medical examinations for purposes of a health 
study to be performed by NIOSH on a sampling basis.
    (b) Definitions. For the purpose of this section:
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee;
    Blow down means the general cleaning of a room or a part of a room 
by the use of compressed air.
    Blow off means the use of compressed air for cleaning of short 
duration and usually for a specific machine or any portion of a machine.
    Cotton dust means dust present in the air during the handling or 
processing of cotton, which may contain a mixture of many substances 
including ground up plant matter, fiber, bacteria, fungi, soil, 
pesticides, non-cotton plant matter and other contaminants which may 
have accumulated with the cotton during the growing, harvesting and 
subsequent processing or storage periods. Any dust present during the 
handling and processing of cotton through the weaving or knitting of 
fabrics, and dust present in other operations or manufacturing processes 
using raw or waste cotton fibers or cotton fiber byproducts from textile 
mills are considered cotton dust within this definition. Lubricating oil 
mist associated with weaving operations is not considered cotton dust.
    Director means the Director of the National Institute for 
Occupational Safety and Health (NIOSH), U.S. Department of Health and 
Human Services, or designee.
    Equivalent Instrument means a cotton dust sampling device that meets 
the vertical elutriator equivalency requirements as described in 
paragraph (d)(1)(iii) of this section.
    Lint-free respirable cotton dust means particles of cotton dust of 
approximately 15 micrometers or less aerodynamic equivalent diameter;
    Vertical elutriator cotton dust sampler or vertical elutriator means 
a dust sampler which has a particle size cut-off at approximately 15 
micrometers aerodynamic equivalent diameter when operating at the flow 
rate of 7.4 0.2 liters of air per minute;
    Waste processing means waste recycling (sorting, blending, cleaning 
and willowing) and garnetting.

[[Page 277]]

    Yarn manufacturing means all textile mill operations from opening 
to, but not including, slashing and weaving.
    (c) Permissible exposure limits and action levels--(1) Permissible 
exposure limits (PEL). (i) The employer shall assure that no employee 
who is exposed to cotton dust in yarn manufacturing and cotton washing 
operations is exposed to airborne concentrations of lint-free respirable 
cotton dust greater than 200 [micro]g/m\3\ mean concentration, averaged 
over an eight-hour period, as measured be a vertical elutriator or an 
equivalent instrument.
    (ii) The employer shall assure that no employee who is exposed to 
cotton dust in textile mill waste house operations or is exposed in yarn 
manufacturing to dust from ``lower grade washed cotton'' as defined in 
paragraph (n)(5) of this section is exposed to airborne concentrations 
of lint-free respirable cotton dust greater than 500 [micro]g/m\3\ mean 
concentration, averaged over an eight-hour period, as measured by a 
vertical elutriator or an equivalent instrument.
    (iii) The employer shall assure that no employee who is exposed to 
cotton dust in the textile processes known as slashing and weaving is 
exposed to airborne concentrations of lint-free respirable cotton dust 
greater than 750 [micro]g/m\3\ mean concentration, averaged over an 
eight hour period, as measured by a vertical elutriator or an equivalent 
instrument.
    (2) Action levels. (i) The action level for yarn manufacturing and 
cotton washing operations is an airborne concentration of lint-free 
respirable cotton dust of 100 [micro]g/m\3\ mean concentration, averaged 
over an eight-hour period, as measured by a vertical elutriator or an 
equivalent instrument.
    (ii) The action level for waste houses for textile operations is an 
airborne concentration of lint-free respirable cotton dust of 250 
[micro]g/m\3\ mean concentration, averaged over an eight-hour period, as 
measured by a vertical elutriator or an equivalent instrument.
    (iii) The action level for the textile processes known as slashing 
and weaving is an airborne concentration of lint-free respirable cotton 
dust of 375 [micro]g/m\3\ mean concentration, averaged over an eight-
hour period, as measured by a vertical elutriator or an equivalent 
instrument.
    (d) Exposure monitoring and measurement--(1) General. (i) For the 
purposes of this section, employee exposure is that exposure which would 
occur if the employee were not using a respirator.
    (ii) The sampling device to be used shall be either the vertical 
elutriator cotton dust sampler or an equivalent instrument.
    (iii) If an alternative to the vertical elutriator cotton dust 
sampler is used, the employer shall establish equivalency by reference 
to an OSHA opinion or by documenting, based on data developed by the 
employer or supplied by the manufacturer, that the alternative sampling 
devices meets the following criteria:
    (A) It collects respirable particulates in the same range as the 
vertical elutriator (approximately 15 microns);
    (B) Replicate exposure data used to establish equivalency are 
collected in side-by-side field and laboratory comparisons; and
    (C) A minimum of 100 samples over the range of 0.5 to 2 times the 
permissible exposure limit are collected, and 90% of these samples have 
an accuracy range of plus or minus 25 per cent of the vertical 
elutriator reading with a 95% confidence level as demonstrated by a 
statistically valid protocol. (An acceptable protocol for demonstrating 
equivalency is described in Appendix E of this section.)
    (iv) OSHA will issue a written opinion stating that an instrument is 
equivalent to a vertical elutriator cotton dust sampler if
    (A) A manufacturer or employer requests an opinion in writing and 
supplies the following information:
    (1) Sufficient test data to demonstrate that the instrument meets 
the requirements specified in this paragraph and the protocol specified 
in Appendix E of this section;
    (2) Any other relevant information about the instrument and its 
testing requested by OSHA; and
    (3) A certification by the manufacturer or employer that the 
information supplied is accurate, and
    (B) if OSHA finds, based on information submitted about the 
instrument,

[[Page 278]]

that the instrument meets the requirements for equivalency specified by 
paragraph (d) of this section.
    (2) Initial monitoring. Each employer who has a place of employment 
within the scope of paragraph (a)(1), (a)(4), or (a)(5) of this section 
shall conduct monitoring by obtaining measurements which are 
representative of the exposure of all employees to airborne 
concentrations of lint-free respirable cotton dust over an eight-hour 
period. The sampling program shall include at least one determination 
during each shift for each work area.
    (3) Periodic monitoring. (i) If the initial monitoring required by 
paragraph (d)(2) of this section or any subsequent monitoring reveals 
employee exposure to be at or below the permissible exposure limit, the 
employer shall repeat the monitoring for those employees at least 
annually.
    (ii) If the initial monitoring required by paragraph (d)(2) of this 
section or any subsequent monitoring reveals employee exposure to be 
above the PEL, the employer shall repeat the monitoring for those 
employees at least every six months.
    (iii) Whenever there has been a production, process, or control 
change which may result in new or additional exposure to cotton dust, or 
whenever the employer has any other reason to suspect an increase in 
employee exposure, the employer shall repeat the monitoring and 
measurements for those employees affected by the change or increase.
    (4) Employee notification. (i) The employer must, within 15 working 
days after the receipt of the results of any monitoring performed under 
this section, notify each affected employee of these results either 
individually in writing or by posting the results in an appropriate 
location that is accessible to employees.
    (ii) Whenever the results indicate that the employee's exposure 
exceeds the applicable permissible exposure limit specified in paragraph 
(c) of this section, the employer shall include in the written notice a 
statement that the permissible exposure limit was exceeded and a 
description of the corrective action taken to reduce exposure below the 
permissible exposure limit.
    (e) Methods of compliance--(1) Engineering and work practice 
controls. The employer shall institute engineering and work practice 
controls to reduce and maintain employee exposure to cotton dust at or 
below the permissible exposure limit specified in paragraph (c) of this 
section, except to the extent that the employer can establish that such 
controls are not feasible.
    (2) Whenever feasible engineering and work practice controls are not 
sufficient to reduce employee exposure to or below the permissible 
exposure limit, the employer shall nonetheless institute these controls 
to reduce exposure to the lowest feasible level, and shall supplement 
these controls with the use of respirators which shall comply with the 
provisions of paragraph (f) of this section.
    (3) Compliance program. (i) Where the most recent exposure 
monitoring data indicates that any employee is exposed to cotton dust 
levels greater than the permissible exposure limit, the employer shall 
establish and implement a written program sufficient to reduce exposures 
to or below the permissible exposure limit solely by means of 
engineering controls and work practices as required by paragraph (e)(1) 
of this section.
    (ii) The written program shall include at least the following:
    (A) A description of each operation or process resulting in employee 
exposure to cotton dust at levels greater than the PEL;
    (B) Engineering plans and other studies used to determine the 
controls for each process;
    (C) A report of the technology considered in meeting the permissible 
exposure limit;
    (D) Monitoring data obtained in accordance with paragraph (d) of 
this section;
    (E) A detailed schedule for development and implementation of 
engineering and work practice controls, including exposure levels 
projected to be achieved by such controls;
    (F) Work practice program; and
    (G) Other relevant information.
    (iii) The employer's schedule as set forth in the compliance 
program, shall project completion of the implementation of the 
compliance program no

[[Page 279]]

later than March 27, 1984 or as soon as possible if monitoring after 
March 27, 1984 reveals exposures over the PEL, except as provided in 
paragraph (m)(2)(ii)(B) of this section.
    (iv) The employer shall complete the steps set forth in his program 
by the dates in the schedule.
    (v) Written programs shall be submitted, upon request, to the 
Assistant Secretary and the Director, and shall be available at the 
worksite for examination and copying by the Assistant Secretary, the 
Director, and any affected employee or their designated representatives.
    (vi) The written program required under paragraph (e)(3) of this 
section shall be revised and updated when necessary to reflect the 
current status of the program and current exposure levels.
    (4) Mechanical ventilation. When mechanical ventilation is used to 
control exposure, measurements which demonstrate the effectiveness of 
the system to control exposure, such as capture velocity, duct velocity, 
or static pressure shall be made at reasonable intervals.
    (f) Respiratory protection--(1) General. For employees who are 
required to use respirators by this section, the employer must provide 
respirators that comply with the requirements of this paragraph. 
Respirators must be used during:
    (i) Periods necessary to install or implement feasible engineering 
and work-practice controls.
    (ii) Maintenance and repair activities for which engineering and 
work-practice controls are not feasible.
    (iii) Work operations for which feasible engineering and work-
practice controls are not yet sufficient to reduce employee exposure to 
or below the permissible exposure limits.
    (iv) Work operations specified under paragraph (g)(1) of this 
section.
    (v) Periods for which an employee requests a respirator.
    (2) Respirator program. (i) The employer must implement a 
respiratory protection program in accordance with 29 CFR 1910.134 (b) 
through (d) (except (d)(1)(iii)), and (f) through (m).
    (ii) Whenever a physician determines that an employee who works in 
an area in which the cotton-dust concentration exceeds the PEL is unable 
to use a respirator, including a powered air-purifying respirator, the 
employee must be given the opportunity to transfer to an available 
position, or to a position that becomes available later, that has a 
cotton-dust concentration at or below the PEL. The employer must ensure 
that such employees retain their current wage rate or other benefits as 
a result of the transfer.
    (3) Respirator selection. (i) The employer must select the 
appropriate respirator from Table I of this section.

                                 Table I
------------------------------------------------------------------------
  Cotton dust concentration               Required respirator
------------------------------------------------------------------------
Not greater than:
    (a) 5 x the applicable     A disposable respirator with a
     permissible exposure       particulate filter.
     limit (PEL).
    (b) 10 x the applicable    A quarter or half-mask respirator, other
     PEL.                       than a disposable respirator, equipped
                                with particulate filters.
    (c) 100 x the applicable   A full facepiece respirator equipped with
     PEL.                       high-efficiency particulate filters.
    (d) Greater than 100 x     A powered air-purifying respirator
     the applicable PEL.        equipped with high-efficiency
                                particulate filters.
------------------------------------------------------------------------
Notes:
 1. A disposable respirator means the filter element is an inseparable
  part of the respirator.
 2. Any respirators permitted at higher environmental concentrations can
  be used at lower concentrations.
 3. Self-contained breathing apparatus are not required respirators but
  are permitted respirators.
 4. Supplied air respirators are not required but are permitted under
  the following conditions: Cotton dust concentration not greater than
  10X the PEL--Any supplied air respirator; not greater than 100X the
  PEL--Any supplied air respirator with full facepiece, helmet or hood;
  greater than 100X the PEL--A supplied air respirator operated in
  positive pressure mode.

    (ii) Whenever respirators are required by this section for cotton-
dust concentrations that do not exceed the applicable permissible 
exposure limit by a multiple of 100 (100 X), the employer must, when 
requested by an employee,

[[Page 280]]

provide a powered air-purifying respirator with a high-efficiency 
particulate filter instead of the respirator specified in paragraphs 
(a), (b), or (c) of Table I of this section.
    (g) Work practices. Each employer shall, regardless of the level of 
employee exposure, immediately establish and implement a written program 
of work practices which shall minimize cotton dust exposure. The 
following shall be included were applicable:
    (1) Compressed air ``blow down'' cleaning shall be prohibited where 
alternative means are feasible. Where compressed air is used for 
cleaning, the employees performing the ``blow down'' or ``blow off'' 
shall wear suitable respirators. Employees whose presence is not 
required to perform ``blow down'' or ``blow of'' shall be required to 
leave the area affected by the ``blow down'' or ``blow off'' during this 
cleaning operation.
    (2) Cleaning of clothing or floors with compressed air shall be 
prohibited.
    (3) Floor sweeping shall be performed with a vacuum or with methods 
designed to minimize dispersal of dust.
    (4) In areas where employees are exposed to concentrations of cotton 
dust greater than the permissible exposure limit, cotton and cotton 
waste shall be stacked, sorted, baled, dumped, removed or otherwise 
handled by mechanical means, except where the employer can show that it 
is infeasible to do so. Where infeasible, the method used for handling 
cotton and cotton waste shall be the method which reduces exposure to 
the lowest level feasible.
    (h) Medical survelliance--(1) General. (i) Each employer covered by 
the standard shall institute a program of medical surveillance for all 
employees exposed to cotton dust.
    (ii) The employer shall assure that all medical examinations and 
procedures are performed by or under the supervision of a licensed 
physician and are provided without cost to the employee.
    (iii) Persons other than licensed physicians, who administer the 
pulmonary function testing required by this section shall have completed 
a NIOSH-approved training course in spirometry.
    (2) Initial examinations. The employer shall provide medical 
surveillance to each employee who is or may be exposed to cotton dust. 
For new employees, this examination shall be provided prior to initial 
assignment. The medical surveillance shall include at least the 
following:
    (i) A medical history;
    (ii) The standardized questionnaire contained in Appendix B; and
    (iii) A pulmonary function measurement, including a determination of 
forced vital capacity (FVC) and forced expiratory volume in one second 
(FEV1), the FEV1/FVC ratio, and the percentage 
that the measured values of FEV1 and FVC differ from the 
predicted values, using the standard tables in Appendix C. These 
determinations shall be made for each employee before the employee 
enters the workplace on the first day of the work week, preceded by at 
least 35 hours of no exposure to cotton dust. The tests shall be 
repeated during the shift, no less than 4 and no more than 10 hours 
after the beginning of the work shift; and, in any event, no more than 
one hour after cessation of exposure. Such exposure shall be typical of 
the employee's usual workplace exposure. The predicted FEV1 
and FVC for blacks shall be multiplied by 0.85 to adjust for ethnic 
differences.
    (iv) Based upon the questionnaire results, each employee shall be 
graded according to Schilling's byssinosis classification system.
    (3) Periodic examinations. (i) The employer shall provide at least 
annual medical surveillance for all employees exposed to cotton dust 
above the action level in yarn manufacturing, slashing and weaving, 
cotton washing and waste house operations. The employer shall provide 
medical surveillance at least every two years for all employees exposed 
to cotton dust at or below the action level, for all employees exposed 
to cotton dust from washed cotton (except from washed cotton defined in 
paragraph (n)(3) of this section), and for all employees exposed to 
cotton dust in cottonseed processing and waste processing operations. 
Periodic medical surveillance shall include at least an update of the 
medical history, standardized questionnaire (App.

[[Page 281]]

B-111), Schilling byssinosis grade, and the pulmonary function 
measurements in paragraph (h)(2)(iii) of this section.
    (ii) Medical surveillance as required in paragraph (h)(3)(i) of this 
section shall be provided every six months for all employees in the 
following categories:
    (A) An FEV1 of greater than 80 percent of the predicted 
value, but with an FEV1 decrement of 5 percent or 200 ml. on 
a first working day;
    (B) An FEV1 of less than 80 percent of the predicted 
value; or
    (C) Where, in the opinion of the physician, any significant change 
in questionnaire findings, pulmonary function results, or other 
diagnostic tests have occurred.
    (iii) An employee whose FEV1 is less than 60 percent of 
the predicted value shall be referred to a physician for a detailed 
pulmonary examination.
    (iv) A comparison shall be made between the current examination 
results and those of previous examinations and a determination made by 
the physician as to whether there has been a significant change.
    (4) Information provided to the physician. The employer shall 
provide the following information to the examination physician:
    (i) A copy of this regulation and its Appendices:
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The employee's exposure level or anticipated exposure level;
    (iv) A description of any personal protective equipment used or to 
be used; and
    (v) Information from previous medical examinations of the affected 
employee which is not readily available to the examining physician.
    (5) Physician's written opinion. (i) The employer shall obtain and 
furnish the employee with a copy of a written opinion from the examining 
physician containing the following:
    (A) The results of the medical examination and tests including the 
FEV1, FVC, AND FEV1/FVC ratio;
    (B) The physician's opinion as to whether the employee has any 
detected medical conditions which would place the employee at increased 
risk of material impairment of the employee's health from exposure to 
cotton dust;
    (C) The physician's recommended limitations upon the employee's 
exposure to cotton dust or upon the employee's use of respirators 
including a determination of whether an employee can wear a negative 
pressure respirator, and where the employee cannot, a determination of 
the employee's ability to wear a powered air purifying respirator; and,
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
which require further examination or treatment.
    (ii) The written opinion obtained by the employer shall not reveal 
specific findings or diagnoses unrelated to occupational exposure.
    (i) Employee education and training--(1) Training program. (i) The 
employer shall provide a training program for all employees exposed to 
cotton dust and shall assure that each employee is informed of the 
following:
    (A) The acute and long term health hazards associated with exposure 
to cotton dust;
    (B) The names and descriptions of jobs and processes which could 
result in exposure to cotton dust at or above the PEL.
    (C) The measures, including work practices required by paragraph (g) 
of this section, necessary to protect the employee from exposures in 
excess of the permissible exposure limit;
    (D) The purpose, proper use and limitations of respirators required 
by paragraph (f) of this section;
    (E) The purpose for and a description of the medical surveillance 
program required by paragraph (h) of this section and other information 
which will aid exposed employees in understanding the hazards of cotton 
dust exposure; and
    (F) The contents of this standard and its appendices.
    (ii) The training program shall be provided prior to initial 
assignment and shall be repeated annually for each employee exposed to 
cotton dust, when job assignments or work processes change and when 
employee performance indicates a need for retraining.

[[Page 282]]

    (2) Access to training materials. (i) Each employer shall post a 
copy of this section with its appendices in a public location at the 
workplace, and shall, upon request, make copies available to employees.
    (ii) The employer shall provide all materials relating to the 
employee training and information program to the Assistant Secretary and 
the Director upon request.
    (j) Signs. The employer shall post the following warning sign in 
each work area where the permissible exposure limit for cotton dust is 
exceeded:

                                 WARNING

                          COTTON DUST WORK AREA

                       MAY CAUSE ACUTE OR DELAYED

                               LUNG INJURY

                              (BYSSINOSIS)

                               RESPIRATORS

                          REQUIRED IN THIS AREA

    (k) Recordkeeping--(1) Exposure measurements. (i) The employer shall 
establish and maintain an accurate record of all measurements required 
by paragraph (d) of this section.
    (ii) The record shall include:
    (A) A log containing the items listed in paragraph IV (a) of 
Appendix A, and the dates, number, duration, and results of each of the 
samples taken, including a description of the procedure used to 
determine representative employee exposure;
    (B) The type of protective devices worn, if any, and length of time 
worn; and
    (C) The names, social security numbers, job classifications, and 
exposure levels of employees whose exposure the measurement is intended 
to represent.
    (iii) The employer shall maintain this record for at least 20 years.
    (2) Medical surveillance. (i) The employer shall establish and 
maintain an accurate medical record for each employee subject to medical 
surveillance required by paragraph (h) of this section.
    (ii) The record shall include:
    (A) The name and social security number and description of the 
duties of the employee;
    (B) A copy of the medical examination results including the medical 
history, questionnaire response, results of all tests, and the 
physician's recommendation;
    (C) A copy of the physician's written opinion;
    (D) Any employee medical complaints related to exposure to cotton 
dust;
    (E) A copy of this standard and its appendices, except that the 
employer may keep one copy of the standard and the appendices for all 
employees, provided that he references the standard and appendices in 
the medical surveillance record of each employee; and
    (F) A copy of the information provided to the physician as required 
by paragraph (h)(4) of this section.
    (iii) The employer shall maintain this record for at least 20 years.
    (3) Availability. (i) The employer shall make all records required 
to be maintained by paragraph (k) of this section available to the 
Assistant Secretary and the Director for examination and copying.
    (ii) Employee exposure measurement records and employee medical 
records required by this paragraph shall be provided upon request to 
employees, designated representatives, and the Assistant Secretary in 
accordance with 29 CFR 1910.1020 (a) through (e) and (g) through (i).
    (4) Transfer of records. (i) Whenever the employer ceases to do 
business, the successor employer shall receive and retain all records 
required to be maintained by paragraph (k) of this section.
    (ii) Whenever the employer ceases to do business, and there is no 
successor employer to receive and retain the records for the prescribed 
period, these records shall be transmitted to the Director.
    (iii) At the expiration of the retention period for the records 
required to be maintained by this section, the employer shall notify the 
Director at least 3 months prior to the disposal of such records and 
shall transmit those records to the Director if the Director requests 
them within that period.
    (iv) The employer shall also comply with any additional requirements 
involving transfer of records set forth in 29 CFR 1910.1020(h).
    (l) Observation of monitoring. (1) The employer shall provide 
affected employees or their designated representatives an opportunity to 
observe any measuring or monitoring of employee

[[Page 283]]

exposure to cotton dust conducted pursuant to paragraph (d) of this 
section.
    (2) Whenever observation of the measuring or monitoring of employee 
exposure to cotton dust requires entry into an area where the use of 
personal protective equipment is required, the employer shall provide 
the observer with and assure the use of such equipment and shall require 
the observer to comply with all other applicable safety and health 
procedures.
    (3) Without interfering with the measurement, observers shall be 
entitled to:
    (i) An explanation of the measurement procedures:
    (ii) An opportunity to observe all steps related to the measurement 
of airborne concentrations of cotton dust performed at the place of 
exposure; and
    (iii) An opportunity to record the results obtained.
    (m) Washed Cotton--(1) Exemptions. Cotton, after it has been washed 
by the processes described in this paragraph, is exempt from all or 
parts of this section as specified if the requirements of this paragraph 
are met.
    (2) Initial requirements. (i) In order for an employer to qualify as 
exempt or partially exempt from this standard for operations using 
washed cotton, the employer must demonstrate that the cotton was washed 
in a facility which is open to inspection by the Assistant Secretary and 
the employer must provide sufficient accurate documentary evidence to 
demonstrate that the washing methods utilized meet the requirements of 
this paragraph.
    (ii) An employer who handles or processes cotton which has been 
washed in a facility not under the employer's control and claims an 
exemption or partial exemption under this paragraph, must obtain from 
the cotton washer and make available at the worksite, to the Assistant 
Secretary, to any affected employee, or to their designated 
representative the following:
    (A) A certification by the washer of the cotton of the grade of 
cotton, the type of washing process, and that the batch meets the 
requirements of this paragraph;
    (B) Sufficient accurate documentation by the washer of the cotton 
grades and washing process; and
    (C) An authorization by the washer that the Assistant Secretary or 
the Director may inspect the washer's washing facilities and 
documentation of the process.
    (3) Medical and dyed cotton. Medical grade (USP) cotton, cotton that 
has been scoured, bleached and dyed, and mercerized yarn shall be exempt 
from all provisions of this standard.
    (4) Higher grade washed cotton. The handling or processing of cotton 
classed as ``low middling light spotted or better'' (color grade 52 or 
better and leaf grade code 5 or better according to the 1993 USDA 
classification system) shall be exempt from all provisions of the 
standard except the requirements of paragraphs (h) medical surveillance, 
(k)(2) through (4) recordkeeping--medical records, and Appendices B, C, 
and D of this section, if they have been washed on one of the following 
systems:
    (i) On a continuous batt system or a rayon rinse system including 
the following conditions:
    (A) With water;
    (B) At a temperature of no less than 60 [deg]C;
    (C) With a water-to-fiber ratio of no less than 40:1; and
    (D) With the bacterial levels in the wash water controlled to limit 
bacterial contamination of the cotton.
    (ii) On a batch kier washing system including the following 
conditions:
    (A) With water;
    (B) With cotton fiber mechanically opened and thoroughly prewetted 
before forming the cake;
    (C) For low-temperature processing, at a temperature of no less than 
60 [deg]C with a water-to-fiber ratio of no less than 40:1; or, for 
high-temperature processing, at a temperature of no less than 93 [deg]C 
with a water-to-fiber ratio of no less than 15:1;
    (D) With a minimum of one wash cycle followed by two rinse cycles 
for each batch, using fresh water in each cycle, and
    (E) With bacterial levels in the wash water controlled to limit 
bacterial contamination of the cotton.

[[Page 284]]

    (5) Lower grade washed cotton. The handling and processing of cotton 
of grades lower than ``low middling light spotted,'' that has been 
washed as specified in paragraph (n)(4) of this section and has also 
been bleached, shall be exempt from all provisions of the standard 
except the requirements of paragraphs (c)(1)(ii) Permissible Exposure 
Limit, (d) Exposure Monitoring, (h) Medical Surveillance, (k) 
Recordkeeping, and Appendices B, C and D of this section.
    (6) Mixed grades of washed cotton. If more than one grade of washed 
cotton is being handled or processed together, the requirements of the 
grade with the most stringent exposure limit, medical and monitoring 
requirements shall be followed.
    (n) Appendices. (1) Appendices B, C, and D of this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendix A of this section contains information which is not 
intended to create any additional obligations not otherwise imposed or 
to detract from any existing obligations.
    (3) Appendix E of this section is a protocol which may be followed 
in the validation of alternative measuring devices as equivalent to the 
vertical elutriator cotton dust sampler. Other protocols may be used if 
it is demonstrated that they are statistically valid, meet the 
requirements in paragraph (d)(l)(iii) of this section, and are 
appropriate for demonstrating equivalency.

 Appendix A to Sec.  1910.1043--Air Sampling and Analytical Procedures 
              for Determining Concentrations of Cotton Dust

                          i. sampling locations

    The sampling procedures must be designed so that samples of the 
actual dust concentrations are collected accurately and consistently and 
reflect the concentrations of dust at the place and time of sampling. 
Sufficient number of 6-hour area samples in each distinct work area of 
the plant should be collected at locations which provide representative 
samples of air to which the worker is exposed. In order to avoid filter 
overloading, sampling time may be shortened when sampling in dusty 
areas. Samples in each work area should be gathered simultaneously or 
sequentially during a normal operating period. The daily time-weighted 
average (TWA) exposure of each worker can then be determined by using 
the following formula:

Summation of hours spent in each location and the dust concentration in 
                             that location.

                           Total hours exposed

A time-weighted average concentration should be computed for each worker 
and properly logged and maintained on file for review.

                         ii. sampling equipment

    (a) Sampler. The instrument selected for monitoring is the Lumsden-
Lynch vertical elutriator. It should operate at a flow rate of 7.40.2 liters/minute.

The samplers should be cleaned prior to sampling. The pumps should be 
monitored during sampling.
    (b) Filter Holder. A three-piece cassette constructed of polystyrene 
designed to hold a 37-mm diameter filter should be used. Care must be 
exercised to insure that an adequate seal exists between elements of the 
cassette.
    (c) Filers and Support Pads. The membrane filters used should be 
polyvinyl chloride with a 5-um pore size and 37-mm diameter. A support 
pad, commonly called a backup pad, should be used under the filter 
membrane in the field monitor cassette.
    (d) Balance. A balance sensitive to 10 micrograms should be used.
    (e) Monitoring equipment for use in Class III hazardous locations 
must be approved for use in such locations, in accordance with the 
requirements of the OSHA electrical standards in Subpart S of Part 1910.

                  iii. instrument calibration procedure

    Samplers shall be calibrated when first received from the factory, 
after repair, and after receiving any abuse. The samplers should be 
calibrated in the laboratory both before they are used in the field and 
after they have been used to collect a large number of field samples. 
The primary standard, such as a spirometer or other standard calibrating 
instruments such as a wet test meter or a large bubble meter or dry gas 
meter, should be used. Instructions for calibration with the wet test 
meter follow. If another calibration device is selected, equivalent 
procedures should be used:
    (a) Level wet test meter. Check the water level which should just 
touch the calibration point at the left side of the meter. If water 
level is low, add water 1-2 [deg]F. warmer than room temperature of till 
point. Run the meter for 30 minutes before calibration;
    (b) Place the polyvinyl chloride membrane filter in the filter 
cassette;
    (c) Assemble the calibration sampling train;
    (d) Connect the wet test meter to the train.


[[Page 285]]


The pointer on the meter should run clockwise and a pressure drop of not 
more than 1.0 inch of water indicated. If the pressure drop is greater 
than 1.0, disconnect and check the system;
    (e) Operate the system for ten minutes before starting the 
calibration;
    (f) Check the vacuum gauge on the pump to insure that the pressure 
drop across the orifice exceeds 17 inches of mercury;
    (g) Record the following on calibration data sheets:
    (1) Wet test meter reading, start and finish;
    (2) Elapsed time, start and finish (at least two minutes);
    (3) Pressure drop at manometer;
    (4) Air temperature;
    (5) Barometric pressure; and
    (6) Limiting orifice number;
    (h) Calculate the flow rate and compare against the flow of 
7.40.2 liters/minute. If flow is between these 
limits, perform calibration again, average results, and record orifice 
number and flow rate. If flow is not within these limits, discard or 
modify orifice and repeat procedure;
    (i) Record the name of the person performing the calibration, the 
date, serial number of the wet test meter, and the number of the 
critical orifices being calibrated.

                         iv. sampling procedure

    (a) Sampling data sheets should include a log of:
    (1) The date of the sample collection;
    (2) The time of sampling;
    (3) The location of the sampler;
    (4) The sampler serial number;
    (5) The cassette number;
    (6) The time of starting and stopping the sampling and the duration 
of sampling;
    (7) The weight of the filter before and after sampling;
    (8) The weight of dust collected (corrected for controls);
    (9) The dust concentration measured;
    (10) Other pertinent information; and
    (11) Name of person taking sample
    (b) Assembly of filter cassette should be as follows:
    (1) Loosely assemble 3-piece cassette;
    (2) Number cassette;
    (3) Place absorbant pad in cassette;
    (4) Weigh filter to an accuracy of 10 [micro]g;
    (5) Place filter in cassette;
    (6) Record weight of filter in log, using cassette number for 
identification;
    (7) Fully assemble cassette, using pressure to force parts tightly 
together;
    (8) Install plugs top and bottom;
    (9) Put shrink band on cassette, covering joint between center and 
bottom parts of cassette; and
    (10) Set cassette aside until shrink band dries thoroughly.
    (c) Sampling collection should be performed as follows:
    (1) Clean lint out of the motor and elutriator;
    (2) Install vertical elutriator in sampling locations specified 
above with inlet 4\1/2\ to 5\1/2\ feet from floor (breathing zone 
height);
    (3) Remove top section of cassette;
    (4) Install cassette in ferrule of elutriator;
    (5) Tape cassette to ferrule with masking tape or similar material 
for air-tight seal;
    (6) Remove bottom plug of cassette and attach hose containing 
critical orifice;
    (7) Start elutriator pump and check to see if gauge reads above 17 
in. of Hg vacuum;
    (8) Record starting time, cassette number, and sampler number;
    (9) At end of sampling period stop pump and record time; and
    (10) Controls with each batch of samples collected, two additional 
filter cassettes should be subjected to exactly the same handling as the 
samples, except that they are not opened. These control filters should 
be weighed in the same manner as the sample filters.

Any difference in weight in the control filters would indicate that the 
procedure for handling sample filters may not be adequate and should be 
evaluated to ascertain the cause of the difference, whether and what 
necessary corrections must be made, and whether additional samples must 
be collected.
    (d) Shipping. The cassette with samples should be collected, along 
with the appropriate number of blanks, and shipped to the analytical 
laboratory in a suitable container to prevent damage in transit.
    (e) Weighing of the sample should be achieved as follows:
    (1) Remove shrink band;
    (2) Remove top and middle sections of cassette and botton plug;
    (3) Remove filter from cassette and weigh to an accuracy of 10 
[micro]g; and
    (4) Record weight in log against original weight
    (f) Calculation of volume of air sampled should be determined as 
follows:
    (1) From starting and stopping times of sampling period, determine 
length of time in minutes of sampling period; and
    (2) Multiply sampling time in minutes by flow rate of critical 
orifice in liters per minute and divide by 1000 to find air quantity in 
cubic meters.
    (g) Calculation of Dust Concentrations should be made as follows:
    (1) Substract weight of clean filter from dirty filter and apply 
control correction to find actual weight of sample. Record this weight 
(in [micro]g) in log; and
    (2) Divide mass of sample in [micro]g by air volume in cubic meters 
to find dust concentration in [micro]g/m. Record in log.

[[Page 286]]

[GRAPHIC] [TIFF OMITTED] TC28OC91.020


[[Page 287]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.021


[[Page 288]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.022


[[Page 289]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.023


[[Page 290]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.024

[GRAPHIC] [TIFF OMITTED] TC28OC91.025


[[Page 291]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.026


[[Page 292]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.027


[[Page 293]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.028


[[Page 294]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.029


[[Page 295]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.030


[[Page 296]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.031


[[Page 297]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.032


[[Page 298]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.033


[[Page 299]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.034


[[Page 300]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.035


[[Page 301]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.036


[[Page 302]]


[GRAPHIC] [TIFF OMITTED] TC28OC91.037


[[Page 303]]



 Appendix D to Sec.  1910.1043--Pulmonary Function Standards for Cotton 
                              Dust Standard

    The spirometric measurements of pulmonary function shall conform to 
the following minimum standards, and these standards are not intended to 
preclude additional testing or alternate methods which can be determined 
to be superior.

                              i. apparatus

    a. The instrument shall be accurate to within 50 milliliters or within 3 percent 
of reading, whichever is greater.
    b. The instrument should be capable of measuring vital capacity from 
0 to 7 liters BTPS.
    c. The instrument shall have a low inertia and offer low resistance 
to airflow such that the resistance to airflow at 12 liters per second 
must be less than 1.5 cm H2 O/(liter/sec).
    d. The zero time point for the purpose of timing the FEV1 
shall be determined by extrapolating the steepest portion of the volume 
time curve back to the maximal inspiration volume (1, 2, 3, 4) or by an 
equivalent method.
    e. Instruments incorporating measurements of airflow to determine 
volume shall conform to the same volume accuracy stated in (a) of this 
section when presented with flow rates from at least 0 to 12 liters per 
second.
    f. The instrument or user of the instrument must have a means of 
correcting volumes to body temperature saturated with water vapor (BTPS) 
under conditions of varying ambient spirometer temperatures and 
barometric pressures.
    g. The instrument used shall provide a tracing or display of either 
flow versus volume or volume versus time during the entire forced 
expiration. A tracing or display is necessary to determine whether the 
patient has performed the test properly. The tracing must be stored and 
available for recall and must be of sufficient size that hand 
measurements may be made within requirement of paragraph (a) of this 
section. If a paper record is made it must have a paper speed of at 
least 2 cm/sec and a volume sensitivity of at least 10.0 mm of chart per 
liter of volume.
    h. The instrument shall be capable of accumulating volume for a 
minimum of 10 seconds and shall not stop accumulating volume before (1) 
the volume change for a 0.5 second interval is less than 25 milliliters, 
or (2) the flow is less than 50 milliliters per second for a 0.5 second 
interval.
    i. The forced vital capacity (FVC) and forced expiratory volume in 1 
second (FEV1.0) measurements shall comply with the accuracy 
requirements stated in paragraph (a) of this section. That is, they 
should be accurately measured to within 50 ml or 
within 3 percent of reading, whichever is greater.
    j. The instrument must be capable of being calibrated in the field 
with respect to the FEV1 and FVC. This calibration of the 
FEV1 and FVC may be either directly or indirectly through 
volume and time base measurements. The volume calibration source should 
provide a volume displacement of at least 2 liters and should be 
accurate to within 30 milliliters.

     ii. technique for measurement of forced vital capacity maneuver

    a. Use of a nose clip is recommended but not required. The 
procedures shall be explained in simple terms to the patient who shall 
be instructed to loosen any tight clothing and stand in front of the 
apparatus. The subject may sit, but care should be taken on repeat 
testing that the same position be used and, if possible, the same 
spirometer. Particular attention shall be given to insure that the chin 
is slightly elevated with the neck slightly extended. The patient shall 
be instructed to make a full inspiration from a normal breathing pattern 
and then blow into the apparatus, without interruption, as hard, fast, 
and completely as possible. At least three forced expirations shall be 
carried out. During the maneuvers, the patient shall be observed for 
compliance with instruction. The expirations shall be checked visually 
for reproducibility from flow-volume or volume-time tracings or 
displays. The following efforts shall be judged unacceptable when the 
patient:
    1. Has not reached full inspiration preceding the forced expiration,
    2. Has not used maximal effort during the entire forced expiration,
    3. Has not continued the expiration for at least 5 seconds or until 
an obvious plateau in the volume time curve has occurred,
    4. Has coughed or closed his glottis,
    5. Has an obstructed mouthpiece or a leak around the mouthpiece 
(obstruction due to tongue being placed in front of mouthpiece, false 
teeth falling in front of mouthpiece, etc.)
    6. Has an unsatisfactory start of expiration, one characterized by 
excessive hesitation (or false starts), and therefore not allowing back 
extrapolation of time 0 (extrapolated volume on the volume time tracing 
must be less than 10 percent of the FVC.)
    7. Has an excessive variability between the three acceptable curves. 
The variation between the two largest FVC's and FEV1's of the 
three satisfactory tracings should not exceed 10 percent or 100 milliliters, whichever is greater.
    b. Periodic and routine recalibration of the instrument or method 
for recording FVC and FEV1.0 should be performed using a 
syringe or other volume source of at least 2 liters.

[[Page 304]]

                    iii. interpretation of spirogram

    a. The first step in evaluating a spirogram should be to determine 
whether or not the patient has performed the test properly or as 
described in II above. From the three satisfactory tracings, the forced 
vital capacity (FVC) and forced expiratory volume in 1 second 
(FEV1.0) shall be measured and recorded. The largest observed 
FVC and largest observed FEV1 shall be used in the analysis 
regardless of the curve(s) on which they occur.
    b. The following guidelines are recommended by NIOSH for the 
evaluation and management of workers exposed to cotton dust. It is 
important to note that employees who show reductions in FEV1/
FVC ratio below .75 or drops in Monday FEV1 of 5 percent or 
greater on their initial screening exam, should be re-evaluated within a 
month of the first exam. Those who show consistent decrease in lung 
function, as shown on the following table, should be managed as 
recommended.

         iv. qualifications of personnel administering the test

    Technicians who perform pulmonary function testing should have the 
basic knowledge required to produce meaningful results. Training 
consisting of approximately 16 hours of formal instruction should cover 
the following areas.
    a. Basic physiology of the forced vital capacity maneuver and the 
determinants of airflow limitation with emphasis on the relation to 
reproducibility of results.
    b. Instrumentation requirements including calibration procedures, 
sources of error and their correction.
    c. Performance of the testing including subject coaching, 
recognition of improperly performed maneuvers and corrective actions.
    d. Data quality with emphasis on reproducibility.
    e. Actual use of the equipment under supervised conditions.
    f. Measurement of tracings and calculations of results.

 Appendix E to Sec.  1910.1043--Vertical Elutriator Equivalency Protocol

    a. Samples to be taken--In order to ascertain equivalency, it is 
necessary to collect a total of 100 samples from at least 10 sites in a 
mill. That is, there should be 10 replicate readings at each of 10 
sites. The sites should represent dust levels which vary over the 
allowable range of 0.5 to 2 times the permissible exposure limit. Each 
sample requires the use of two vertical elutriators (VE's) and at least 
one but not more than two alternative devices (AD's). Thus, the end 
result is 200 VE readings and either 100 or 200 AD readings. The 2 VE 
readings and the 1 or 2 AD readings at each time and site must be made 
simultaneously. That is, the two VE's and one or two AD's must be 
arranged together in such a way that they are measuring essentially the 
same dust levels.
    b. Data averaging--The two VE readings taken at each site are then 
averaged. These averages are to be used as the 100 VE readings. If two 
alternate devices were used, their test results are also averaged. Thus, 
after this step is accomplished, there will be 100 VE readings and 100 
AD readings.
    c. Differences--For each of the 100 sets of measurements (VE and AD) 
the difference is obtained as the average VE reading minus the AD 
reading. Call these differences Di. Thus, we have.

Di = VEi - ADi, i = 1,2, . . . ,100 (1)

    Next we compute the arithmetic mean and standard deviations of the 
differences, using equations (2) and (3), respectively.
[GRAPHIC] [TIFF OMITTED] TC28OC91.038

    where N equals the number of differences (100 in this case), 
XD is the arithmetic mean and SD is the standard 
deviation.
    We next calculate the critical value as 
T=KSD+[verbar]XD[verbar] where K=1.87, based on 
100 samples.
    d. Equivalency test. The next step is to obtain the average of the 
100 VE readings. This is obtained by equation (4)
[GRAPHIC] [TIFF OMITTED] TC28OC91.039

    We next multiply 0.25 by XVE. If T <= 0.25 
XVE, we can say that the alternate device has passed the 
equivalency test.

[43 FR 27394, June 23, 1978; 43 FR 35035, Aug. 8, 1978, as amended at 45 
FR 67340, Oct. 10, 1980; 50 FR 51173, Dec. 13, 1985; 51 FR 24325, July 
3, 1986; 54 FR 24334, June 7, 1989; 61 FR 5508, Feb. 13, 1996; 63 FR 
1290, Jan. 8, 1998; 65 FR 76567, Dec. 7, 2000; 70 FR 1142, Jan. 5, 2005; 
71 FR 16672, 16673, Apr. 3, 2006]