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Title: 11/22/2011 - Clarification of sampling and testing protocols for determining employee exposure to airborne contaminants. | |
Record Type: Interpretation | Standard Number: 1910.1200; 1910.1048; 1910.1048(c)(2) |
ILPI Notes: This interpretation is based in part on and references the HCS 1994 which is now obsolete. While some parts have been deleted or changed, the conclusions of this interpretation are consistent with the current regulation. Further, although it is not discussed in this Interpretation, formaldehyde was listed as a "known human carcinogen by IARC in 2004, and the NTP in 2011
November 22, 2011 Your assertion that this test was "invalid" and not representative of this worker's 15-minute short-term exposure is incorrect. This is for the two simple facts that our sample was a time-weighted average and that our sampling period was not less than 15 minutes. The fact that the sampling time was not limited to 15 minutes is irrelevant; the science and math undisputedly establish that the STEL was violated for at least 15 minutes of the sampling period. Furthermore, as discussed during the September 27, 2011, conference call between OSHA and Brazilian Blowout CEO Michael Brady, the OSHA hazard communication requirements found in the formaldehyde standard (29 CFR 1910.1048) and the Hazard Communication standard (29 CFR 1910.1200 [in context: HCS 1994 | current regulation: HCS 2012] ) are aimed at ensuring that chemical manufacturers and importers comprehensively determine the hazards of each product they produce or import. They, as well as intermediate distributors of the chemicals, must then communicate the hazard information and associated protective measures to downstream users through labels (which include appropriate hazard warnings) and material safety data sheets (MSDSs). As confirmed by OSHA's tests for formaldehyde, the evidence is clear that Brazilian Blowout Acai Professional Smoothing Solution is capable of releasing formaldehyde and exposing salon workers who use this product. For that reason, Brazilian Blowout must comply with the appropriate sections of the Formaldehyde standard. Finally, during this call Mr. Brady indicated that he was unaware of any tests or reports that linked Brazilian Blowout's products to any overexposure in salons, and requested a copy of all OSHA citations and test reports showing such overexposures. He indicated that he would update Brazilian Blowout's website once he received copies of the citations. I informed him that the company must follow those corrective actions outlined in the September 22, 2011, letter from Frank Meilinger, OSHA's Director of Communications, and emphasized that it is prohibited from using OSHA to sell or promote its products in any way. Subsequently, in November 2011 OSHA issued citations to a salon where a stylist performing the service using Brazilian Blowout Acai Professional Smoothing Solution was sampled for formaldehyde and was found to be exposed in excess of the STEL on two separate instances. The documented exposures were based on separate 15-minute samples. The first instance reported 10.1 ppm, which is over five times the STEL; and the second instance reported 4.7 ppm, which is over 2 times the STEL. Therefore, salons that use products containing or releasing formaldehyde must comply with the requirements of the Formaldehyde standard including, but not limited to, air monitoring, selecting and providing appropriate personal protective equipment, and providing workers information and training on the potential health hazards and the signs and symptoms of exposure to formaldehyde. As stated in Mr. Meilinger's letter, as well as during the conference call on September 27, 2011, and now reiterated in this letter, OSHA requests that Brazilian Blowout immediately take the following corrective actions. First, OSHA requests that Brazilian Blowout remove from its website any statement that is false, misleading, or that misrepresents OSHA, with regard to any Brazilian Blowout product. In particular, Brazilian Blowout must remove any and all false statements suggesting that OSHA tests have found occupational exposures to Brazilian Blowout to be safe. Second, OSHA requests that Brazilian Blowout send a letter to salon owners that corrects or retracts any and all misrepresentations in your August 24,2011, letter. This letter should clearly state that OSHA's measurements of formaldehyde exposures to salon workers using the Brazilian Blowout Acai Professional Smoothing Solution have in fact yielded results above permissible exposure limits. Please be advised that OSHA has contacted the Federal Trade Commission and is working with that agency regarding these serious issues, and will be contacting additional state and federal authorities, including the Food and Drug Administration and the Office of the Attorney General for the State of California. Thank you for your prompt attention to this matter. We hope to resolve this matter without further action on our part. Sincerely, Thomas Galassi, Director Directorate of Enforcement Programs Cc: Michael Brady, CEO, Brazilian Blowout Scott Freeman, Director of Operations, Brazilian Blowout Orlando Pannocchia, Office of the Solicitor, OSH Division, U.S. Department of Labor Ken Atha, OSHA Regional Administrator, San Francisco Regional Office |
The official, public domain, OSHA version of this document is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28061&p_text_version=FALSE