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CPL 02-02-079, Appendix J
Other Standards to Consider When Citing Chemical Exposures with No PEL
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Specific Standards. When employees have been overexposed to hazardous chemicals with no OSHA PEL, Area Offices should also consider issuing citations under the following standards, and grouping them with the 5(a)(1) violation. See Section XI.F of this Instruction. Applicable directives are referenced below. Standards potentially citable are presented as being either generally applicable or operation specific. Please also refer to parallel standards and directives for other industries (e.g., construction, maritime, and agriculture) where they apply.
Standards Generally Applicable:
- 29 CFR 1910 Subpart I, Personal Protective Equipment.
- 1910.132 General Requirements. Employers must conduct a hazard assessment to determine whether hazards that require the use of personal protective equipment are present, or likely to be present [paragraph (d)(1)], and to determine what personal protective equipment is required to prevent worker exposure to the hazards [paragraph (d)(1)(i)]. This standard can also be cited if the employer has not documented a required hazard evaluation [paragraph (d)(2)]. See also CPL 02-01- 050, Enforcement Guidance for PPE, February 10, 2011.
- 1910.133, Eye and Face Protection. This standard can be cited when the employer failed to ensure that employees use appropriate eye or face protection when exposed to chemical hazards to the eyes or face [paragraph (a)(1)].
- 1910.134, Respiratory Protection. This standard may be cited when the employer has failed to evaluate respiratory hazards paragraph (d)(1)(iii)], or has not provided respirators when workers are exposed to hazardous levels of chemicals , including those without PEL [paragraph (a)(2)]. See also CPL 02-00-158, Inspection Procedures for the Respiratory Protection Standard, June 26, 2014.
- 1910.132 General Requirements. Employers must conduct a hazard assessment to determine whether hazards that require the use of personal protective equipment are present, or likely to be present [paragraph (d)(1)], and to determine what personal protective equipment is required to prevent worker exposure to the hazards [paragraph (d)(1)(i)]. This standard can also be cited if the employer has not documented a required hazard evaluation [paragraph (d)(2)]. See also CPL 02-01- 050, Enforcement Guidance for PPE, February 10, 2011.
Standards Applicable to Specific Operations:
- 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response. This standard can be cited when the employer fails to conduct an initial site characterization [paragraph (c)(2)], fails to provide appropriate PPE [paragraph (c)(5)(i)], or fails to monitor operations conducted at hazardous waste sites or during emergency responses to hazardous substance releases [paragraph (h)(1)(i)]. See also CPL 02-02-071, Technical Enforcement and Assistance Guidelines for Hazardous Waste Site and RCRA Corrective Action Clean-up Operations HAZWOPER, November 5, 2003; and CPL 02-02-073, Inspection Procedures for 1910.120, Paragraph (q): Emergency Response to Hazardous Substance Release, August 27, 2007.
- 29 CFR 1910.146, Permit-Required Confined Space. Among other provisions, the employer can be cited for failure to test or monitor the permit space as necessary to determine if acceptable entry conditions exist prior to entry [paragraph (d)(5)(i)], and if those acceptable conditions are being maintained during the course of entry operations [paragraph (d)(5)(ii)]. See also CPL 02-00-100, Application of the Permit-Required Confined Spaces Standard, May 5, 1995.
- 29 CFR 1926.1200, Confined Spaces in Construction. Among other provisions, the employer can be cited for failure to inform exposed employees of the presence of permit spaces [paragraph 1203(b)(1)], failure to test or monitor a permit space continuously or as necessary to determine if acceptable entry conditions exist prior to entry [paragraph 1204(e)(1)], and failure to test or monitor a permit space to determine if those acceptable conditions are being maintained during the course of entry operations [paragraph 1204(e)(2)]. An employer may also be cited for failure to make an SDS available to a medical facility treating a worker exposed to a substance for which an SDS is available.
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The official, public domain, OSHA version of this document is available at https://www.osha.gov/sites/default/files/enforcement/directives/CPL_02-02-079.pdf.