PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-11-151.
Title of Rule: Changes to chapter 296-62 WAC, General occupational health standards, Part N, Cotton Dust.
Purpose: Changes to chapter 296-62 WAC, General occupational health standards, Part N, Cotton Dust, on December 7, 2000, in Federal Register Volume 65, Number 236, OSHA made several small changes to their cotton dust rules. These changes were recommendations from the Task Force for Byssinosis Prevention. The task force includes OSHA, the National Institute for Occupational Safety and Health, the Department of Agriculture, the National Cotton Council, the American Textile Manufacturers Institute and the Union of Needletrades, Industrial and Textile Employees. The purpose of these proposed amendments relating to cotton dust is to incorporate into WISHA rules those changes from the Federal Register Notice, Volume 65, Number 236, published December 7, 2000.
The proposed WISHA amendments include: Washing cotton on a continuous batt system, rayon rinse, and batch kier cotton washing methods from portions of the cotton dust standard.
AMENDED SECTION: WAC 296-62-14533 (13)(d)(i) Washed cotton -- Continuous batt system, the proposal adds requirements for the higher grade washed cotton, by adding additional requirements when washing cotton on a continuous batt system or a rayon rinse system.
Subsection (13)(d)(ii) Washed cotton -- Batch kier, the proposal adds requirements for the option of washing cotton on batch kier washing system.
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.
Statute Being Implemented: Chapter 49.17 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is necessary because of federal law, 29 C.F.R. 1910.1043 December 7, 2000 (Federal Register Volume 65, Number 236, Pages 76563-76567, December 7, 2000). WISHA is required to adopt standards that are at-least-as-effective-as federal OSHA regulations.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. While the amendments to WAC 296-62-14533 may meet the criteria for significance, the department is exempt from complying with the Administrative Procedure Act because the proposed changes merely adopt by reference without material changes federal regulations (RCW 34.05.328 (5)(b)(iii)). Therefore an evaluation of probable benefits and costs of the rule amendments is not necessary.
RCW 34.05.328 applies to this rule adoption. While the amendments to WAC 296-62-14533 may meet the criteria for significance, the department is exempt from complying with the Administrative Procedure Act because the proposed changes merely adopt by reference without material changes federal regulations (RCW 34.05.328 (5)(b)(iii)). Therefore an evaluation of probable benefits and costs of the rule amendments is not necessary.
Hearing Location: Department of Labor and Industries Building, Room S117, 7273 Linderson Way S.W., Tumwater, WA, on August 9, 2001, at 10:30 a.m.
Assistance for Persons with Disabilities: Contact Sally Elliott by August 1, 2001, at (360) 902-5484.
Submit Written Comments to: Sally Elliott, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on August 16, 2001. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529 and via e-mail yous235@lni.wa.gov. Comments submitted by fax must be ten pages or less.
Date of Intended Adoption: September 1, 2001.
June 28, 2001
Gary Moore
Director
OTS-4875.1
AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99,
effective 9/1/99)
WAC 296-62-14533
Cotton dust.
(1) Scope and application.
(a) 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.
(b) This section does not apply to the handling or processing of woven or knitted materials; to maritime operations covered by chapters 296-56 and 296-304 WAC; to harvesting or ginning of cotton; or to the construction industry.
(c) Only subsection (8) Medical surveillance, subsection (11)(b) Medical surveillance, subsection (11)(c) Availability, subsection (11)(d) Transfer of 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.
(d) This section applies to yarn manufacturing and slashing and weaving operations exclusively using washed cotton (as defined by subsection (14) of this section) only to the extent specified by subsection (14) of this section.
(e) 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.
(f) This section does not apply to knitting, classing or warehousing operations except that employers with these operations, if requested by WISHA, shall grant WISHA access to their employees and workplaces for exposure monitoring and medical examinations for purposes of a health study to be performed by WISHA on a sampling basis.
(2) Definitions applicable to this section:
(a) "Blow down" - the cleaning of equipment and surfaces with compressed air.
(b) "Blow off" - the use of compressed air for cleaning of short duration and usually for a specific machine or any portion of a machine.
(c) "Cotton dust" - 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, noncotton 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.
(d) "Director" - the director of labor and industries or his authorized representative.
(e) "Equivalent instrument" - a cotton dust sampling device that meets the vertical elutriator equivalency requirements as described in subsection (4)(a)(iii) of this section.
(f) "Lint-free respirable cotton dust" - particles of cotton dust of approximately 15 microns or less aerodynamic equivalent diameter.
(g) "Vertical elutriator cotton dust sampler" or "vertical elutriator" - a dust sampler which has a particle size cut-off at approximately 15 microns aerodynamic equivalent diameter when operating at the flow rate of 7.4 0.2 liters per minute.
(h) "Waste processing" - waste recycling (sorting, blending, cleaning and willowing) and garnetting.
(i) "Yarn manufacturing" - all textile mill operations from opening to, but not including, slashing and weaving.
(3) Permissible exposure limits and action levels.
(a) 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 g/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(ii) The employer shall assure than 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 subsection (14)(e) of this section is exposed to airborne concentrations of lint-free respirable cotton dust greater than 500 g/m3 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 g/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(b) 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 g/m3 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 g/m3 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 g/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(4) Exposure monitoring and measurement.
(a) 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 demonstrating that the alternative sampling devices:
(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 ninety percent of these samples have an accuracy range of plus or minus twenty-five percent of the vertical elutriator reading with a ninety-five percent confidence level as demonstrated by a statistically valid protocol. (An acceptable protocol for demonstrating equivalency is described in Appendix E of this section.)
(iv) WISHA 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:
(I) 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;
(II) Any other relevant information about the instrument and its testing requested by WISHA; and
(III) A certification by the manufacturer or employer that the information supplied is accurate, and
(B) If WISHA finds, based on information submitted about the instrument, that the instrument meets the requirements for equivalency specified by this subsection.
(b) Initial monitoring. Each employer who has a place of employment within the scope of subsections (1)(a), (d) or (e) 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.
(c) Periodic monitoring.
(i) If the initial monitoring required by (4)(b) 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 (4)(b) 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.
(d) Employee notification.
(i) Within twenty working days after the receipt of monitoring results, the employer shall notify each employee in writing of the exposure measurements which represent that employee's exposure.
(ii) Whenever the results indicate that the employee's exposure exceeds the applicable permissible exposure limit specified in subsection (3) 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.
(5) Methods of compliance.
(a) 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 subsection (3) of this section, except to the extent that the employer can establish that such controls are not feasible.
(b) 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 immediately reduce exposure to the lowest feasible level, and shall supplement these controls with the use of respirators which shall comply with the provisions of subsection (6) of this section.
(c) 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 (a) of this subsection.
(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;
(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 subsection (4) 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 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 (13)(b)(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 director, and shall be available at the worksite for examination and copying by the director, and any affected employee or their designated representatives.
(vi) The written programs required under subsection (5)(c) of this section shall be revised and updated at least every six months to reflect the current status of the program and current exposure levels.
(d) 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.
(6) Use of respirators.
(a) General. For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this section. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering controls 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 subsection (7)(a) of this section;
(v) Periods for which an employee requests a respirator.
(b) Respirator program.
(i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).
(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.
(c) Respirator selection.
(i) The employer must select the appropriate respirator from Table 1 of this section.
| Cotton dust concentration |
Required respirator |
|
Not greater than -- |
||
| (a) | 5 x the applicable permissible exposure limit (PEL). |
A disposable respirator with a particulate filter. |
| (b) | 10 x the applicable PEL. | A quarter or half-mask respirator, other than a disposable respirator, equipped with particulate filters. |
| (c) | 100 x the applicable PEL. | A full facepiece respirator equipped with high-efficiency particulate filters. |
| (d) | Greater than 100 x the applicable PEL. |
A powered air-purifying respirator 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. |
(7) 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 where applicable:
(a) 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 off" shall be required to leave the area affected by the "blow down" or "blow off" during this cleaning operation.
(b) Cleaning of clothing or floors with compressed air shall be prohibited.
(c) Floor sweeping shall be performed with a vacuum or with methods designed to minimize dispersal of dust.
(d) 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.
(8) Medical surveillance.
(a) 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.
(b) 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 WAC 296-62-14537; 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 WAC 296-62-14539. 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 thirty-five hours of no exposure to cotton dust. The tests shall be repeated during the shift, no less than four hours and no more than ten 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.
(c) 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 subsection (9)(c) 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 (Appendix B-111), Schilling byssinosis grade, and the pulmonary function measurements in (b)(iii) of this subsection.
(ii) Medical surveillance as required in (c)(i) of this subsection shall be provided every six months for all employees in the following categories:
(A) An FEV1 of greater than eighty percent of the predicted value, but with an FEV1 decrement of five percent or 200 ml. on a first working day;
(B) An FEV1 of less than eighty 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 sixty 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.
(d) Information provided to the physician. The employer shall provide the following information to the examining 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.
(e) 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.
(9) Employee education and training.
(a) 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 subsection (7) of this section, necessary to protect the employee from exposures in excess of the permissible exposure limit;
(D) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by subsection (6) of this section and chapter 296-62 WAC, Part E (see WAC 296-62-07117, 296-62-07172, and 296-62-01786 through 296-62-07190);
(E) The purpose for and a description of the medical surveillance program required by subsection (8) 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.
(b) 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 director upon request.
(10) Signs. The employer shall post the following warning sign in each work area where the permissible exposure limit for cotton dust is exceeded:
COTTON DUST WORK AREA
MAY CAUSE ACUTE OR DELAYED LUNG INJURY
(BYSSINOSIS)
RESPIRATORS REQUIRED IN THIS AREA
(a) Exposure measurements.
(i) The employer shall establish and maintain an accurate record of all measurements required by subsection (4) of this section.
(ii) The record shall include:
(A) A log containing the items listed in WAC 296-62-14535 (4)(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 exposures;
(B) The type of protective devices worn, if any, and length of time worn; and
(C) The names, social security number, 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 twenty years.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate medical record for each employee subject to medical surveillance required by subsection (8) 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 subsection (8)(d) of this section.
(iii) The employer shall maintain this record for at least twenty years.
(c) Availability.
(i) The employer shall make all records required to be maintained by subsection (11) of this section available to the director for examination and copying.
(ii) Employee exposure measurement records and employee medical records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217.
(d) 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 subsection (11) 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 three months prior to the disposal of such records and shall transmit those records to the director if he requests them within that period.
(iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.
(12) Observation of monitoring.
(a) The employer shall provide affected employees or their designated representatives an opportunity to observe any measuring or monitoring of employee exposure to cotton dust conducted pursuant to subsection (4) of this section.
(b) 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.
(c) 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.
(13) Washed cotton.
(a) Exemptions. Cotton, after it has been washed by the processes described in this section is exempt from all or parts of this section as specified if the requirements of this section are met.
(b) 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 director and the employer must provide sufficient accurate documentary evidence to demonstrate that the washing methods utilized meet the requirements of this section.
(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 director, or his designated representative, 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 section:
(B) Sufficient accurate documentation by the washer of the cotton grades and washing process; and
(C) An authorization by the washer that the director may inspect the washer's washing facilities and documentation of the process.
(c) 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.
(d) Higher grade washed cotton. The handling or processing
of cotton classed as "low middling light spotted or better"
((which has been washed)) (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 requirements of subsection (8) of this section, medical
surveillance; subsection (11)(b) through (d) of this section,
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((.
(ii) With water,
(iii) At a temperature of no less than 60C,
(iv) With a water-to-fiber ratio of no less than 40:1, and
(v) With bacterial levels in the wash water controlled to limit bacterial contamination of the cotton, shall be exempt from all provisions of the standard except the requirements of subsection (8) Medical surveillance, subsection (11)(b) Medical surveillance, subsection (11)(c) Availability, subsection (11)(d) Transfer of records, and Appendices B, C, and D of this section)) including the following conditions:
(A) With water;
(B) At a temperature of no less than 60C;
(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 60C with a water-to-fiber ratio of no less than 40:1; or, for high-temperature processing, at a temperature of no less than 93C 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.
(e) 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 (d) of this subsection and has also been bleached, shall be exempt from all provisions of the standard except the requirements of subsection (3)(a) Permissible exposure limits, subsection (4) Exposure monitoring and measurement, subsection (8) Medical surveillance, subsection (11) Recordkeeping, and Appendices B, C and D of this section.
(f) 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.
(14) Appendices.
(a) Appendix B (B-I, B-II and B-III), WAC 296-62-14537, Appendix C, WAC 296-62-14539 and Appendix D, WAC 296-62-14541 are incorporated as part of this chapter and the contents of these appendices are mandatory.
(b) Appendix A of this chapter, WAC 296-62-14535 contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
(c) Appendix E of this chapter 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 subsection (4)(a)(iii) of this section, and are appropriate for demonstrating equivalency.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, 296-62-14533, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 87-24-051 (Order 87-24), 296-62-14533, filed 11/30/87. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-16-009 (Order 86-28), 296-62-14533, filed 7/25/86; 82-03-023 (Order 82-1), 296-62-14533, filed 1/15/82. Statutory Authority: 49.17.040, 49.17.050, and 49.17.240. 81-16-015 (Order 81-20), 296-62-14533, filed 7/27/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), 296-62-14533, filed 11/13/80.]