Action level. An airborne concentration of inorganic arsenic of 5 micrograms per cubic meter (µg/m3) of air calculated as an eight-hour time-weighted average.

Authorized personnel. Individuals specifically permitted by the employer to enter the exposure control area to perform duties, or to observe employee exposure evaluations as a designated representative.

Breathing zone. The space around and in front of an employee's nose and mouth, forming a hemisphere with a 6- to 9-inch radius.

CAS (chemical abstract service) number. CAS numbers are internationally recognized and used on safety data sheets (SDSs) and other documents to identify substances. For more information see http://www.cas.org/about.

Day. Any part of a calendar day.

Designated representative. Any one of the following:

(a) Any individual or organization to which an employee gives written authorization.

(b) A recognized or certified collective bargaining agent without regard to written employee authorization.

(c) The legal representative of a deceased or legally incapacitated employee.

Emergency. Any event that could or does result in the unexpected significant release of inorganic arsenic. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

Exposure. The contact an employee has with inorganic arsenic, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Inorganic arsenic. Elemental arsenic (As), copper aceto-arsenite, and inorganic compounds containing arsenic (measured as As), except arsine. Inorganic compounds do not contain the element carbon.

Licensed health care professional (LHCP). An individual whose legally permitted scope of practice allows him or her to provide some or all of the health care services required for medical evaluations.

Permissible exposure limits (PELs). PELs are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are also specified in WISHA rules found in other chapters. The PEL for inorganic arsenic is an eight-hour time-weighted average (TWA8) of 10 micrograms per cubic meter (µg/m3).

Time-weighted average (TWA8). An exposure limit averaged over an 8-hour period that must not be exceeded during an employee's workday.

This chapter applies to all occupational exposure to inorganic arsenic.

Inorganic arsenic. Elemental arsenic (As), copper aceto-arsenite, and inorganic compounds containing arsenic (measured as As), except arsine. Inorganic compounds do not contain the element carbon.

Exposure. The contact an employee has with inorganic arsenic, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

All requirements in this chapter will not apply to every workplace with an occupational exposure. The following steps will show you which requirements apply to your workplace.

Step 1: Follow requirements in the basic rules sections, WAC 296-848-20010 through 296-848-20090.

• This includes completing an exposure evaluation, as specified in Exposure evaluations, WAC 296-848-20060, to:

– Obtain employee eight-hour exposure monitoring results of airborne inorganic arsenic; and

– Determine if employee exposure monitoring results are above, at, or below these values:

■ Eight-hour time-weighted average (TWA8) . . . . . . . 10 micrograms per cubic meter (µg/m3).

■ Eight-hour action level (AL) . . . . . . . . 5 µg/m3.

Step 2: Use employee exposure monitoring results from Step 1 and follow Table 1 to find out which additional sections of this chapter apply to your workplace.

To measure and minimize employee exposure to inorganic arsenic.

The sections listed in basic rules apply to all employers covered by the scope of this chapter, WAC 296-848-100. To find additional sections that may apply to you, go to the Scope, WAC 296-848-100, and follow Table 1.

(1) You must effectively communicate the hazards of inorganic arsenic by doing both of the following:

(a) Keep container labels free of statements that contradict or detract from the labels' hazard warning.

(b) Labels are not required when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic. (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.)

(2) You must establish safe and effective housekeeping and maintenance practices by doing all the following:

(a) Develop and keep a written housekeeping and maintenance plan that lists appropriate frequencies for:

(i) Housekeeping operations; and

(ii) Cleaning and maintaining dust collection equipment.

(b) Keep surfaces free of accumulations of inorganic arsenic, to the degree feasible.

(c) When cleaning floors and other accessible surfaces:

(i) Use vacuuming or other cleaning methods that minimize the release of inorganic arsenic into the air.

(ii) Do not use compressed air.

(iii) Select vacuums that have high efficiency particulate air (HEPA) filters.

(iv) Use and empty vacuums in a way that minimizes the release of inorganic arsenic back into the workplace.

(3) You must maintain ventilation systems, including dust collection equipment, to make sure they are effective. Do all of the following:

(a) Perform periodic inspections for effectiveness.

(b) Periodically clean the equipment.

(c) Keep a note of the most recent inspection for effectiveness, and cleaning or maintenance.

(4) Prevent eye or skin contact with:

(a) Arsenic trichloride; and

(b) Liquid or particulate forms of inorganic arsenic when contact could cause eye or skin irritation.

You must provide washing facilities for employees exposed to inorganic arsenic.

1. This section applies when workplace operations create potential airborne exposure to inorganic arsenic.

2. When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

3. Following this section will fulfill the requirements to identify and evaluate respiratory hazards found in chapter 296-841 WAC, Airborne contaminants.

(1) You must conduct an employee exposure evaluation to accurately determine airborne concentrations of inorganic arsenic by completing Steps 1 through 5 of the Exposure Evaluation Process, each time any of the following apply:

(a) No evaluation has been conducted.

(b) Changes have occurred in any of the following areas that may result in new or increased exposures:

(i) Production.

(ii) Processes.

(iii) Exposure controls such as ventilation systems or work practices.

(iv) Personnel.

(c) You have any reason to suspect new or increased exposure may occur.

(2) You must provide affected employees and their designated representatives an opportunity to observe exposure monitoring during Step 4 of the Exposure Evaluation Process.

(a) Make sure observers do not interfere with exposure measurements.

(b) Make sure observers are entitled to:

(i) An explanation of your exposure measurement and monitoring procedures;

(ii) Observe all tasks of exposure measurement performed at the workplace; and

(iii) Receive a copy of the exposure measurement results when you obtain them; or are allowed to record the exposure measurement results, if made during observations.

(c) Make sure observers who enter areas with inorganic arsenic exposure:

(i) Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use; and

(ii) Follow safety and health requirements that apply.

Following the Exposure Evaluation Process is not necessary when you have documentation conclusively demonstrating inorganic arsenic exposures for a particular operation and material, cannot exceed the action level (AL) during any conditions reasonably anticipated. Documentation can be based on quantitative information such as soil test results OR qualitative information such as observations of how inorganic arsenic-containing materials are handled.

– Retain this documentation for as long as you rely on it.

Step 1: Identify all employees who have potential airborne exposure to inorganic arsenic in your workplace.

Step 2: Select employees from those identified in Step 1 who will have their eight-hour exposures monitored.

• Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified in Step 1, including each job classification, work area, and shift.

Step 3: Determine how you'll obtain employee exposure monitoring results.

• Select and use a method that meets the following criteria for accuracy:

– ±25%, with a confidence level of 95%, when concentrations are potentially at or above an eight-hour time-weighted average of 10 micrograms per cubic meter (µg/m3); or

– ±35%, with a confidence level of 95%, when concentrations are potentially between the eight-hour time-weighted averages of 5 µg/m3 and 10 µg/m3.

Step 4: Obtain employee exposure monitoring results by collecting air samples representing employees identified in Step 1.

• Sample at least one shift representative of the eight-hour exposure, for each employee selected in Step 2.

• Make sure samples are collected from each selected employee's breathing zone.

Step 5: Have the samples you collected analyzed to obtain monitoring results representing eight-hour exposures.

• Go to the Scope of this chapter, WAC 296-848-100, and compare employee exposure monitoring results to the values found in Step 1 and follow Step 2 to determine if additional sections of this chapter apply.

(1) You must provide written notification of exposure monitoring results, including notification about whether exposures exceed the permissible exposure limit (PEL), to employees represented by your exposure evaluation, within five business days after the monitoring results become known to you.

(a) In addition, when employee exposure monitoring results are above the permissible exposure limit (PEL), provide written notification of all the following within fifteen business days after these exposure monitoring results become known to you.

(i) Corrective actions being taken and a schedule for completion; and

(ii) Any reason why exposures cannot be lowered to below the PEL.

(1) You must establish and keep complete and accurate records for all exposure monitoring conducted under this chapter. Make sure the record includes, at least:

(a) The name, Social Security number or other unique identifier, and job classification of the employee sampled and all other employees represented by the sampled employee.

(b) A description of the methods used to obtain exposure monitoring results and evidence of the method's accuracy.

(c) A description of the procedure used to obtain representative employee exposure monitoring results.

(d) The date, number, duration, location, and the result of each sample taken.

(e) Any environmental conditions that could affect exposure concentration measurements.

(2) You must keep exposure monitoring records for at least thirty years.

To detect any significant changes in employee health and exposure monitoring results.

1. These sections apply when skin or eye irritation could occur or when employee exposure monitoring results are either:

a. At or above the action level (AL) of 5 micrograms per cubic meter (µg/m3) for inorganic arsenic; or

b. Above the permissible exposure limit (PEL) of 10 µg/m3 for inorganic arsenic.

(1) You must train employees:

(a) Who are exposed above the action level (AL) of 5 micrograms per cubic meter (µg/m3) of air; or

(b) Who could experience eye or skin irritation from exposure.

(2) You must provide training:

(a) At the time of initial assignment; and

(b) At least every twelve months after initial training.

(3) You must make sure training and information includes all of the following:

(a) A review of WAC 296-848-100 through 296-848-40045, and 296-848-500.

(b) The following health information about inorganic arsenic:

(i) Inorganic arsenic is a poison and can affect your body if it's swallowed or inhaled.

(ii) Exposure to airborne concentrations of inorganic arsenic may cause lung cancer and can be a skin irritant.

(iii) Arsenic trichloride can be absorbed readily through your skin and is especially dangerous.

(iv) Wash hands thoroughly before eating or smoking to help minimize your risk for swallowing inorganic arsenic.

(c) The purpose for medical evaluations and a description of how you are fulfilling the medical evaluation requirements of this chapter found in Medical evaluations, WAC 296-848-30030.

(4) You must make a copy of this chapter readily available to all employees required to be trained under this section.

Hazard communication - General.

(1) Chemical manufacturers, importers, distributors and employers must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for inorganic arsenic.

(2) In classifying the hazards of inorganic arsenic at least the following hazards are to be addressed: Cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute toxicity effects.

(3) You must include inorganic arsenic in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers must ensure that each employee has access to labels on containers of inorganic arsenic and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-848-30005.

You must obtain employee exposure monitoring results as specified in Table 2 by repeating Steps 2, 4, and 5 of the Exposure Evaluation Process found within this chapter, in Exposure evaluations, WAC 296-848-20060.

Medical evaluations conducted under this section will satisfy the medical evaluation requirement found in another chapter, Respirators, chapter 296-842 WAC.

(1) You must make medical evaluations available to current employees who have been, are, or will be exposed to inorganic arsenic concentrations above the AL:

(a) At least thirty days in any twelve-month period; or

(b) A total of ten years or more of combined employment with you or previous employers with at least thirty days of exposure per year.

(2) You must make medical evaluations available at no cost to employees.

(3) You must pay all costs, including travel costs and wages associated with any time spent outside of the employee's normal work hours.

(4) You must make medical evaluations available at reasonable times and places.

(5) You must make medical evaluations available by completing Steps 1 through 6 of the Medical Evaluation Process for each employee covered.

Step 1: Identify employees who qualify, as stated above, for medical evaluations.

Step 2a: Make medical evaluations available for employees identified in Step 1 at the following times:

• Initially, when employees are assigned to work in an area where exposure monitoring results are, or will likely be, above the action level for at least thirty days in a twelve-month period.

• Periodically as specified in Table 3.

• When employment with exposure ends, if the employee has not had an evaluation within the six-month period before exposure ends. Include in these evaluations the same content as specified in Table 4 for initial evaluations, excluding a chest X-ray.

Step 2b: Provide appropriate medical examination and emergency treatment when an employee identified in Step 1 develops signs or symptoms commonly associated with inorganic arsenic exposure.

Step 3: Select a licensed health care professional (LHCP) who will conduct or supervise examinations and procedures.

Step 4: Make sure the LHCP receives all of the following before the medical evaluation is performed:

• A copy of this chapter.

• A description of the duties of the employee being evaluated and how these duties relate to inorganic arsenic exposure.

• The anticipated or representative exposure monitoring results for the employee being evaluated.

• A description of the personal protective equipment (PPE) each employee being evaluated uses or will use.

• Information from previous employment-related examinations when this information is not available to the examining LHCP.

• Instructions that the written opinions the LHCP provides you be limited to the following information:

– Results from examinations and tests.

– The LHCP's opinion about whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to inorganic arsenic.

– Any recommended limitations for:

■ Inorganic arsenic exposure; and

■ Use of respirators or other PPE.

– A statement that the employee has been informed of medical results and medical conditions caused by inorganic arsenic exposure requiring further examination or treatment.

Step 5: Make the medical evaluation available to the employee. Make sure it includes the content listed in Table 4, Content of Medical Evaluations.

Step 6: Obtain the LHCP's written opinion for the employee's medical evaluation and give a copy to the employee.

• Make sure the written opinion is limited to the information specified for written opinions in Step 4.

This section applies when a medical evaluation is performed, or any time a medical record is created for an employee exposed to inorganic arsenic.

(1) You must establish and maintain complete and accurate medical records for each employee receiving a medical evaluation and make sure the records include all the following:

(a) The employee's name and Social Security number, or other unique identifier.

(b) A description of the employee's duties.

(c) A copy of the licensed health care professional's (LHCP's) written opinions.

(d) The anticipated or representative employee exposure monitoring results provided to the LHCP for the employee.

(2) You must maintain medical evaluation records for the duration of employment plus thirty years.

To protect employees from exposure to inorganic arsenic by using feasible exposure controls and appropriate respirators.

These sections apply when employee exposure monitoring results are above the permissible exposure limit (PEL) of 10 micrograms per cubic meter (µg/m3) of air.

Use of employee rotation to control exposures is not advisable since inorganic arsenic is a known carcinogen.

(1) You must establish and implement a complete written exposure control plan that includes at least the following, for exposure control areas:

(a) A description of each operation releasing inorganic arsenic, for example:

(i) Crew size.

(ii) Current exposure controls.

(iii) Materials processed.

(iv) Machinery used.

(v) Operating procedures.

(vi) Maintenance practices.

(b) Exposure evaluation data.

(c) A report of the technology considered for exposure controls.

(d) Engineering plans and studies used as a basis for selecting exposure controls.

(e) A detailed schedule for implementing:

(i) Feasible exposure controls, if immediate implementation is not possible.

(ii) Changes to enhance current exposure controls, when necessary.

(f) An analysis of the effectiveness of the exposure controls considered, when controls will not reduce exposures to or below the permissible exposure limit (PEL).

(g) Other relevant information.

(2) You must review and update your exposure control plan at least every six months to keep it current.

(3) You must implement exposure controls on the quickest schedule feasible if controls will not reduce exposure to or below the PEL.

(4) You must provide a copy of your exposure control plan to affected employees and their designated representatives, when they ask to review or copy it.

1. Use of employee rotation to control exposures is not advisable since inorganic arsenic is a known carcinogen.

2. Respirators and other personal protective equipment (PPE) do not substitute for feasible exposure controls.

You must use feasible exposure controls to reduce exposures to or below the permissible exposure limit (PEL), or as low as achievable.

(1) You must establish temporary or permanent exposure control areas where airborne concentrations of inorganic arsenic are above the permissible exposure limit (PEL) by doing all the following:

(a) Distinguish the boundaries of exposure control areas from the rest of the workplace in any way that minimizes employee access.

(b) Allow only authorized personnel to enter exposure control areas.

(c) Post signs at access points to exposure control areas that include this warning:

(i) Make sure signs are kept clean and well lit so they are easy to read.

(ii) Keep signs and areas near them free of statements that contradict or detract from their message.

(2) You must make sure employees entering exposure control areas have an appropriate respirator.

(3) You must prevent all of the following activities from occurring in exposure control areas unless they are conducted in required lunchrooms, change rooms, or showers:

(a) Eating food or drinking beverages.

(b) Smoking.

(c) Chewing tobacco or gum.

(d) Applying cosmetics.

(1) You must provide the following facilities for employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas:

(a) Clean change rooms with separate storage for street clothes and personal protective equipment (PPE).

(b) Shower facilities.

(2) You must make sure employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas:

(a) Shower at the end of the work shift; and

(b) Wash their hands and face before eating.

(3) You must provide lunchrooms for employees working in exposure control areas that are:

(a) Located so they are readily accessible to the employees.

(b) Temperature controlled.

(c) Under positive pressure compared to surrounding areas.

(d) Provided with a filtered air supply.

(4) You must do the following when exposures in exposure control areas exceed an eight-hour time-weighted average of 100 micrograms of arsenic per cubic meter of air (µg/m3):

(a) Provide facilities for employees working in exposure control areas where they can remove excess contamination from protective clothing and shoes.

(b) Make sure employees vacuum protective clothing and clean or change shoes before entering showers, change rooms, or lunchrooms.

(1) You must provide PPE at no cost to employees, make sure employees use, and maintain their PPE as follows:

(a) Provide clean and dry protective clothing to employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas.

(b) Provide impervious protective clothing to employees exposed to arsenic trichloride.

(c) Make sure employees do not remove inorganic arsenic from PPE by blowing or shaking.

(d) Make sure protective clothing is removed:

(i) In change rooms; and

(ii) At the end of the work shift.

(e) Make sure contaminated protective clothing that will be cleaned, laundered, or disposed of, is placed in a closed container located in the change room.

Make sure the container prevents the release of inorganic arsenic.

(f) Launder protective clothing:

(i) At least weekly if employees work in areas where exposure monitoring results of inorganic arsenic are below an eight-hour time-weighted average concentration of 100 micrograms per cubic meter (µg/m3); or

(ii) Daily if employees work in areas where either exposure monitoring results of inorganic arsenic are above an eight-hour time-weighted average concentration of 100 µg/m3 or when more frequent washing is needed to prevent skin irritation.

(g) Maintain the effectiveness of PPE by repairing or replacing it, as needed:

(i) Dispose of protective clothing if it will not be repaired.

(2) You must inform individuals who clean or launder protective clothing about the possible health effects associated with inorganic arsenic, including carcinogenic effects, by doing the following:

(a) Provide the information in writing; and

(b) Label containers of contaminated PPE with the following warning:

1. The requirements in this section are in addition to the requirements found in other chapters:

a. Airborne contaminants, chapter 296-841 WAC.

b. Respirators, chapter 296-842 WAC.

(1) You must provide each employee with an appropriate respirator that complies with the requirements of this section, and require that employees use them in circumstances where exposure is above the permissible exposure limit (PEL), including any of the following circumstances:

(a) Employees are in an exposure control area.

(b) Feasible exposure controls are being put in place.

(c) Where you determine that exposure controls are not feasible.

(d) Feasible exposure controls do not reduce exposures to, or below, the PEL.

(e) Emergencies.

(2) You must provide high-efficiency particulate air (HEPA) filters or N-, R-, or P-100 filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.

(3) You must provide a powered air-purifying respirator (PAPR) to employees required to use respirators when:

(a) The employee chooses to use this type of respirator or a licensed health care professional (LHCP) recommends this type of respirator in their written opinion; and

(b) It will provide proper protection.

(4) You must follow these additional specifications for inorganic arsenic compounds with significant vapor pressure such as arsenic trichloride and arsenic phosphide:

(a) Select front- or back-mounted gas masks equipped with HEPA filters and acid gas canisters or any full facepiece supplied-air respirator, when concentrations are at or below 500 mg/m3.

(b) Select for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators equipped with HEPA (or equivalent) filters and acid gas cartridges when concentrations are at or below 100.

(5) You must prohibit the use of half-facepiece respirators for protection against arsenic trichloride. This is because arsenic trichloride is corrosive and rapidly absorbed through the skin.

(1) You must make this section readily available to employees as required in Training, WAC 296-848-30005.

(2) You must provide this section to the licensed health care professional (LHCP) as required in Step 4 of the medical evaluation process found in Medical evaluations, WAC 296-848-30030.

(1) You must make this section readily available to employees as required in Training, WAC 296-848-30005.

(2) You must provide this section to the licensed health care professional (LHCP) as required in Step 4 of the medical evaluation process found in Medical evaluations, WAC 296-848-30030.