The Agency has intentionally kept inspection and maintenance requirements in performance oriented terms rather than dictating specific time intervals for these activities. OSHA is aware that different industry sectors and even different manufacturing processes within the same facility may vary in the frequency of occurrence of leaks/ spills or the need for preventative maintenance of equipment. The employer, therefore, is afforded the flexibility to determine the frequency of inspection/ maintenance and, as a result, gain any cost savings accrued through elimination of an arbitrarily assigned frequency schedule In areas where spillage may occur, paragraph ( j)( 4) stipulates that the employer must make provisions to contain the spill, to decontaminate the work area, and to dispose of the waste generated by the clean up. Should a spill occur, having such provisions in place will assist in quickly limiting the area affected by the spill, facilitate its clean up, and will permit more rapid and efficient decontamination of the spill area and proper disposal of clean up waste. The intent of this proposed requirement is to increase preparedness for the eventuality of a spill, thereby minimizing employee exposure by reducing the time necessary to control and clean up a spill and properly dispose of waste. Since glycol ethers exist in a variety of work environments, it is left to employers to assess what methods are appropriate to their workplace and conditions of use and are protective of their employees Paragraph ( j)( 5) would require that upon discovery of a leak or spill the employer assure that repair of the leak and/ or clean up of the spill is initiated promptly in order to limit the area affected and eliminate the source of leakage. The employees performing this repair and clean up must be adequately protected by suitable personal protective equipment, which may include respiratory protection, to prevent exposure during these operations. These employees must also be trained in proper methods for clean up and decontamination so that such operations can be accomplished safely, efficiently, and without exacerbating the hazard The final provision of the housekeeping section, paragraph ( j)( 6), would require that waste and debris contaminated with glycol ethers be placed in sealed containers bearing a warning label as specified in paragraph ( m)( 1)( ii). The containers will minimize airborne concentrations resulting from evaporation of glycol ethers from the wastes and prevent possible accidental employee contact or re spillage of the material. The warning label is necessary to warn employees who may handle the containers of the hazard they contain. The Agency recognizes that wastes destined for disposal may need to meet packaging and labeling requirements of other local, State or Federal regulatory bodies. It is not OSHA's intent to issue duplicative or conflicting regulations. This provision is directed at protecting and warning employees at the worksite. However, OSHA notes that the containers should leave the worksite for final disposal in a form that meets the requirements of the appropriate regulatory bodies Emergencies: Paragraph ( k)

This paragraph addresses the handling of emergency situations involving glycol ethers. The proposal requires that for each workplace or work operation where there is a possibility of an emergency involving glycol ethers, the employer must develop a written emergency plan including, at a minimum, those elements prescribed in 29 CFR 1910.38 ( a). For example, 29 CFR 1910.38 ( a) includes provisions concerning emergency escape procedures and escape route assignments; procedures to be followed by employees remaining to operate critical plant operations before they evacuate; alarm systems; evacuation plans; employee training; fire protection; and so forth. It should be noted that development of this plan is not dependent upon the existence of employee exposure but is based on the possibility of an emergency situation arising. That is, an employee may be exposed to glycol ethers and yet the potential for an emergency may not exist in the employee's work area. Conversely, there may be no employees in an area where there is a large quantity of glycol ethers, such as a storage tank, but the potential for an emergency exists ( e. g., rupture of the tank). An emergency could be a massive release affecting a large area or may be a spill or leak which creates an emergency situation only in the immediate area. Emergency situations, therefore, may not be likely to occur in every workplace. Consequently, the Agency has adopted a performance oriented approach which allows the employer to evaluate and tailor the emergency plan to fit the workplace so long as it meets the requirements of 29 CFR 1910.38 ( a) and the specific provisions of this section In addition to requiring that the emergency plan comply with the requirements of 29 CFR 1910.38 ( a), paragraph ( k)( 1) also states the provisions of paragraph ( q) of the Hazardous Waste Operations and Emergency Response standard, 29 CFR 1910.120, remain in effect as applicable. Also, an emergency response plan meeting requirements of 29 CFR 1910.120 ( q) would be deemed to meet the requirements for an emergency response plan under paragraph ( k)

Paragraph ( q) of the Hazardous Waste Operations and Emergency Response standard, 29 CFR 1910.120, deals with emergency responses by employees outside the immediate worksite to releases of hazardous substances that occur at locations other than uncontrolled hazardous waste sites and hazardous treatment, storage and disposal operations conducted under the Resource, Conservation and Recovery Act of 1976 as amended [ 42 U. S. C. 6901 et. seq.]. The typical site covered by paragraph ( q) would include hazardous substance releases at chemical manufacturing facilities. Paragraph ( k)( 1) makes clear that this paragraph does not override the provisions of 29 CFR 1910.120 ( q) and that paragraph ( q) remains applicable pursuant to its terms. In addition, paragraph ( k)( 1) specifies that an emergency response plan meeting the requirements of paragraph ( q) shall also be deemed to meet the requirements of paragraph ( k) for all employees responding to an emergency Paragraph ( k)( 2) would require that all employees be trained in their responsibilities in the event of an emergency to minimize employee exposure, injury, and loss of life while increasing efficiency in dealing with the situation Generally, emergencies entail large quantities of free glycol ethers resulting in elevated airborne concentrations, increased chance of dermal contact, and, in some circumstances, the possibility of fire. In view of this, paragraph ( k)( 3) would require the employer to assure that only designated personnel furnished with appropriate personal protective equipment, including respiratory protection, and trained in re entry procedures are permitted to correct the emergency conditions. The employer would also be responsible for assuring that the appropriate personal protective equipment, housekeeping, and other emergency equipment and supplies for handling the emergency are located in each area where an emergency could occur so that the situation can be dealt with quickly and safely. As stipulated in paragraph ( k)( 5), all employees, except those designated to correct the situation, must be evacuated from and normal [ page 15607]

operations halted in the area where the emergency has occurred until the emergency conditions have been abated. This will minimize the number of employees exposed and eliminate the presence of untrained personnel in the area. In addition, this provision minimizes the potential for exacerbation of the hazard as a result of attempting to maintain operations during an emergency situation Paragraph ( k)( 6) of this section would require the employer to make provisions for immediate evacuation, transportation, and medical assistance at a designated medical facility for affected employees. This provision will help assure that acutely exposed employees will receive appropriate medical attention as quickly as possible after exposure. By having such arrangements made beforehand, confusion or delay in obtaining prompt medical attention for the employee will be minimized Medical Surveillance: Paragraph ( l)

Paragraph ( l)( 1)( i) of the proposal requires each employer to institute a medical surveillance program for all employees who are or will be exposed at or above the action level or above the EL. Providing medical surveillance for employees exposed at or above the action level or above the EL is consistent with other health standards that incorporate an action level or an EL and is considered by OSHA to be necessary and appropriate for monitoring the adequacy of the exposure limit to protect individual employees The proposal requires that the medical surveillance program provide each covered employee with an opportunity for a medical examination. Paragraph ( l)( 1)( ii) provides that all examinations and procedures be performed by or under the supervision of a qualified physician and be provided without cost to the employee. Clearly, a qualified physician is the appropriate person to be supervising and evaluating a medical examination. However, certain parts of the required examination do not necessarily require the physician's expertise and may be conducted by another person under the supervision of the physician OSHA is proposing to require that persons who administer the pulmonary function tests required by this proposal, must complete a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution. This provision is consistent with other OSHA standards, Benzene ( 29 CFR 1910.28) and Cotton Dust ( 29 CFR 1910.1043), and it will assure that employees who must wear respiratory protection will receive adequate assessment of their lung capacity, a vital test in determining if they are capable of wearing a respirator This standard provides that all examinations and procedures shall be performed at a reasonable time and place. It is necessary that exams be convenient and be provided during the workday without loss of pay to the employee to assure that they are taken. The employer is required to establish and maintain an accurate record for each employee subject to medical surveillance Paragraph ( l)( 2) would require that the employer provide an initial medical examination to each employee. The purpose of the initial medical examination is to: ( 1) establish the current health status of the employee and to determine whether employment in areas with glycol ethers exposure is appropriate; ( 2) establish essential baseline data against which to measure any change which might be attributable to glycol ethers exposure; and ( 3) determine whether the individual can safely wear a respirator. OSHA believes that the preplacement examination assessing each worker's state of health prior to the beginning of exposure to glycol ethers is essential to determine whether an employee's health changes over the period of employment and to determine pre existing conditions that could influence initial job placement The medical examination proposed is to include: ( 1) medical and work histories with emphasis on the pulmonary and mucous membranes and hematologic system, ( 2) a reproductive history, ( 3) a physical examination, ( 4) a blood analysis including at least a red blood cell count, white cell count, hemoglobin and hematocrit, ( 5) a pulmonary function test for respirator wearers and ( 6) any additional tests deemed appropriate by the examining physician This information, in conjunction with a complete physical examination, will assist the physician in the determination of the employee's health status, possible past exposures to glycol ethers or other substances that may have damaged organs or systems susceptible to glycol ethers toxicity, and suitability for employment in an area where exposure to glycol ethers will occur. Special emphasis is placed on the portions of the history and physical examination which evaluate organ systems known to be particularly susceptible to glycol ethers toxicity. Emphasis is placed on examination of the skin as evidence indicates that glycol ethers are rapidly absorbed through the skin. Therefore, the skin should be examined for conditions such as dermatitis which might facilitate absorption. Emphasis is also placed on the hematologic system because of the human and animal evidence which has shown adverse effects on various constituents of the blood as a result of glycol ethers exposure. The physical examination should also include attention to the mucous membranes and respiratory systems as these two systems can be nonspecifically irritated by glycol ethers. The pulmonary system takes on added importance with respirator use Also included in the initial or preplacement examination are any additional tests deemed appropriate by the examining physician. This provision authorizes the physician to include further tests which could assist the physician in determining the employee's suitability for work in an area in which glycol ethers exposure will occur or in determining whether a worker can safely wear a respirator In the proposed medical examination, OSHA has not prescribed any specific tests for the surveillance of adverse reproductive or developmental effects. Information presently available to OSHA is insufficient for the Agency to justify specification of the precise tests to be administered. Few tests are available which can reliably be used to detect the early onset of reproductive/ developmental effects. For example, serum hormones such as follicle stimulating hormone( FSH), luteinizing hormone ( LH), prolactin, and testosterone, may provide information on alterations in endocrine function which might be early indicators of adverse reproductive functioning. However, due to the cyclical nature of these hormones, multiple and sequential blood samples rather than single time point samples would be required to detect exposure related fluctuations in hormone levels. Furthermore, OSHA is not aware of any data specifically correlating alterations in endocrine function and glycol ethers exposure. Other tests such as sperm count or measurement of testes size are very invasive and the results of these types of tests are highly variable and thus difficult to standardize. For these reasons, employees may be unwilling to submit to testing. Due to the variability, results from individual workers may be difficult to interpret and may not provide meaningful diagnostic information. Because these types of tests are invasive and unlikely to give meaningful information on an individual basis, they have not been included in provisions for a medical [ page 15608]

examination. OSHA is seeking comment on the availability of tests which can be used to detect the early onset of adverse reproductive/ developmental effects OSHA has proposed that the employer provide his/ her employees with the opportunity for medical advice or counseling with respect to their ability to produce a healthy child. Glycol Ethers have been shown to produce adverse reproductive and developmental effects in several animal species and thus may potentially effect exposed workers ability to produce healthy children. Therefore, workers who have past or current exposure to glycol ethers and are experiencing difficulties in conceiving a child should be afforded the opportunity for medical advice, counseling, and reproductive testing where it is deemed appropriate by the examining physician. This approach is consistent with other health standards for substances shown to induce adverse reproductive and developmental effects ( e. g., Lead, 29 CFR 1910.1025 and Ethylene Oxide, 29 CFR 1910.1047)

OSHA proposes periodic medical examinations to be administered annually. The purposes of the annual examination are: ( 1) the early detection of biological effects of glycol ethers; ( 2) the detection of non occupationally related diseases that might require reduction of glycol ethers exposure; ( 3) the assessment of fitness for respirator usage; and ( 4) the monitoring of general health status and recent illnesses. The requirement that medical examinations be provided annually, as a minimum, is consistent with other OSHA health standards ( e. g., Formaldehyde, 1910.1048 and Benzene, 1910.1028). In addition, the adverse effects of overexposure to glycol ethers are subchronic in nature ( i. e., the effects may occur within a year). Periodic examinations performed at one year intervals will allow for the detection of these effects. More frequent reviews of specific biological tests may be performed, if evidence indicates such tests are necessary OSHA also proposes a periodic medical re evaluation of workers required to wear respirators. The re evaluation is necessary because an illness, a new medication or a change in facial structure may affect and impact on an employee's continuing ability to wear a respirator. The re evaluation will enable the physician to determine whether the individual can safely continue to wear the same type of respirator, should be re fitted with another type, or should be removed from any area where respirator use is required In addition to routine medical surveillance, the proposal also requires that employers make medical examinations available as soon as possible to all employees who may have been acutely exposed to glycol ethers in an emergency. The emergency surveillance provisions reflect OSHA's concern for those employees who, because of equipment breakdown, container rupture or other causes, may be exposed to higher doses of glycol ethers. Medical evaluations should be made available in the event that such emergencies occur. No specific examination elements have been stipulated in this provision in order to provide the physician with sufficient flexibility to deal with the nature and degree of exposure sustained OSHA has not included a medical examination at the termination of employment. Because of the relatively short biological half life of glycol ethers ( i. e., 24 48 hours) and the subchronic nature of the reproductive/ developmental effects associated with glycol ethers, a examination at the termination of employment may not be necessary. However, medical records at termination of employment may be useful to physicians to determine the status of an employee's health and to identify any potential future health effects. Thus, OSHA requests comments on whether provisions for medical examinations at termination of employment should be included in a final standard for glycol ethers The employer is required, in paragraph ( l)( 5), to provide the physician with the following information: A copy of this standard and its appendices; a description of the affected employee's former and current duties as they relate to the employee's glycol ethers exposure level; the employee's former and current exposure level or anticipated exposure level; a description of any personal protective and respiratory equipment used or to be used; and information or medical records from the employee's previous medical examinations that were provided or made available by the employer to the affected employee. Making this information available to the physician will aid in the evaluation of the employee's health in relation to assigned duties and fitness to wear personal protective equipment, when required In paragraph ( l)( 6), the employer is required to obtain a written opinion from the examining physician containing the results of the medical examination as they relate to occupational exposures; the physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material health impairment from exposure to glycol ethers; the physician's opinion as to whether the employee is exhibiting any symptoms/ signs from overexposure to glycol ethers; any recommended restrictions upon the employee's exposure to glycol ethers or upon the use of protective clothing or equipment such as respirators; and a statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions which require further evaluation or treatment. This written opinion must not reveal specific findings or diagnoses unrelated to occupational exposures. The employer must provide a copy of the opinion to the affected employee The purpose in requiring the employer to obtain a written opinion from the examining physician is to provide the employer with a medical basis to aid in the determination of initial placement of employees and to assess the employee's ability to use protective clothing and equipment. The physician's opinion will also provide information to the employer as to whether the employee may be suffering from overexposure to glycol ethers. The employer can then reassess the employee's exposure and work practices and take steps to reduce that employee's exposure. The requirement that a physician's opinion be in written form will ensure that employers have had the benefit of this information. The employer shall provide a copy of the physician's written opinion to the affected employee within 15 days of its receipt. The requirement that an employee be provided with a copy of the physicians's written opinion will ensure that the employee is informed of the results of the medical examination. The requirement that the physician sign the opinion is to ensure that the information that is given to the employer has been seen and read by the physician The purpose in requiring that specific findings or diagnoses unrelated to occupational exposures not be included in the written opinion is to encourage employees to participate in the medical surveillance program by removing any concern that the employer will obtain adverse information about the employee's physical condition that is unrelated to occupational exposures In the proposed standard, in Appendix D, OSHA has included a non mandatory, reproductive history questionnaire. The questionnaire which was excerpted and modified comes from [ page 15609]

the Office of Technology Assessment's ( OTA) report, Reproductive Health Hazards in the Workplace ( Ex. 5 135, pp. 382 388) and is included in the standard to give guidance on conducting reproductive histories for workers exposed to glycol ethers. As stated in the OTA report, this questionnaire is a composite derived from several research facilities, it is not a validated questionnaire. Nevertheless it has value in providing guidance and information on pertinent factors which may be important in understanding a worker's medical background Communication of Glycol Ethers Hazards to Employees:

Paragraph ( m)

Paragraph ( m) of this proposal entitled: " Communication of Glycol Ethers Hazards to Employees" addresses the issue of transmitting information to employees about the hazards of ethylene glycol ethers through the use of: ( 1) signs and labels, ( 2) material safety data sheets, and ( 3) information and training. While previous OSHA health standards generally included separate paragraphs on employee information and training and signs and labels, both of these areas have been incorporated into this single paragraph, along with material safety data sheet provisions, to provide consistency with the Hazard Communication Standard ( HCS) which addresses these areas The Hazard Communication Standard ( HCS), 29 CFR 1910.1200, requires all chemical manufacturers and importers to assess the hazards of the chemicals they produce or import, and all employers to provide information concerning the hazards of such chemicals to their employees. The transmittal of hazard information to employees is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training. The HCS also addresses the responsibility of producers of chemicals to provide information to downstream employers In paragraph ( m) of this proposal, it is the intent of the Agency to avoid repetition of those requirements comprehensively laid out in § 1910.1200, while specifying additional requirements that are directed at protecting employees against the particular hazards associated with exposure to glycol ethers The proposed standard, paragraph ( m)( 1)( i), would require that all entry and accessways to regulated areas be posted with appropriate warning signs which bear, at a minimum, the legend: " Danger, Glycol Ethers [ specific chemical name( s)], Blood and Reproductive Hazard, Eye and Respiratory System Irritant, Avoid Inhalation and Skin/ Eye Contact, Authorized Personnel Only, Respiratory Protection Required"

In addition, these signs should include any other appropriate warnings such as " Flammable  No Smoking, Sparks, or Open Flames" whenever such hazards may exist. It is intended that these signs will serve to warn employees, who may otherwise not know, that they are entering a regulated area. These warning signs are required to be posted whenever a regulated area exists, that is, whenever airborne concentrations exceed or can reasonably be expected to exceed the permissible exposure limits It could be possible that at some work sites or operations the airborne concentrations of glycol ethers cannot be reduced below the permissible exposure limits through the use of engineering controls. In such instances, a regulated area may exist for an extended period of time. Signs would be needed in these circumstances to warn employees that entry is permitted only if the employee is authorized, is wearing respiratory protection, and there is a specific need to enter the area Regulated areas may also exist on a temporary basis, as would occur during maintenance and/ or emergency situations. In these types of situations, the use of warning signs is also important since a maintenance or emergency situation is by nature a new or unexpected source of exposure to employees who are regularly scheduled to work at these sites. It is expected and required by other provisions of this standard that employees will also be provided with any other personal protective equipment and training that is necessary to assure their health and safety while in these areas These signs will also supplement the training which employees are to receive under the other provisions of this paragraph, since even trained employees need to be reminded of the locations of regulated areas ( or made aware of new ones) and of the precautions necessary to be taken before entering these areas The wording of the warning signs for regulated areas has been specified in the proposal in order to ensure that an adequate warning is given to employees. OSHA believes that the use of the word " Danger" is appropriate, based on the evidence of the toxicity of glycol ethers. " Danger" is used to attract the attention of workers, to alert them to the fact that they are in an area where the permissible exposure limits are exceeded, and to emphasize the importance of the message that follows. The use of the word " Danger" is consistent with other recent OSHA health standards such as Formaldehyde ( 29 CFR 1910.1048). Inclusion of the statements " Blood and Reproductive Hazard" and " Eye and Respiratory System Irritant" is consistent with the effects that have been demonstrated to be associated with these substances ( see Section V, Health Effects, of this document). The signs are also required to bear the legend, " Respiratory Protection Required". While OSHA recognizes that some employees entering the regulated areas may not be exposed above either the 8 hour TWAs of 0.5 ppm ( 2 EE, 2 EEA) and 0.1 ppm ( 2 ME, 2 MEA) or the Els of 2.5 ppm ( 2 EE, 2 EEA) and 0.5 ppm ( 2 ME, 2 MEA) as averaged over a 15 minute period, it is still possible that some employees who are assigned to work in these areas without the use of respiratory protection may remain in these locations for long enough periods of time so that they would be needlessly overexposed to glycol ethers. To ensure that these employees are adequately protected, it is necessary to post the sign in order to alert them to the need to wear respirators. The employer should note that in addition to respiratory protection, paragraph ( e)( 4) requires that all persons entering a regulated area be provided with and required to use appropriate personal protective equipment while paragraph ( m)( 4) would require training of these persons Inclusion of the phrase " Authorized Personnel Only" on these signs serves to notify employees that only those persons specifically authorized by the employer are permitted in the regulated area Paragraph ( m)( 2) would require that warning labels or other appropriate forms of warning complying with the requirements of 29 CFR 1910.1200 ( f) of the General Industry Standards be affixed to all shipping and storage containers containing glycol ethers or glycol ethers contaminated materials. These labels must state: " Caution, Contains Glycol Ethers [ specific chemical name( s)], Blood and Reproductive Hazard, Eye and Respiratory System Irritant, Avoid Inhalation and Skin/ Eye Contact". In addition, the label shall include any other hazard warnings ( e. g., " Flammable  Keep away from heat, sparks, and flame") which are appropriate to the contents of the container along with any other information required by the Hazard Communication Standard, 29 CFR 1910.1200. It is proposed that required labels would remain affixed not only to [ page 15610]

containers being used at the work site/ operation but also those leaving the workplace The purpose of this requirement is to assure that downstream employers and employees are informed of the presence of glycol ethers, their associated hazards, and that special practices may need to be implemented to insure against exposure. An employer's obligation, under section 6( b)( 7) of the Act, to inform employees of hazardous conditions is not limited to the employer's own employees. When an employer manufactures, formulates, or sells a product, it may unavoidably expose the employees of downstream employers to the hazards of glycol ethers. This is especially important when the manufacturer, formulator, or seller is the only employer able, through his knowledge of the product, to provide the information necessary to protect employees. Furthermore, hazard labels alert other employers who, in the absence of such labels , might not know that glycol ethers are present in their workplace and that they have incurred the obligation of complying with the standard In addition to being consistent with the requirements of the HCS, these requirements are consistent with the mandate of section 6( b)( 7) of the Act, which requires OSHA health standards to prescribe the use of labels or other appropriate forms of warning to apprise employees of the hazards to which they are exposed OSHA also proposes in paragraph ( m)( 3) of this standard to require the employer to obtain or develop and to distribute and provide access to material safety data sheets for ethylene glycol ethers in accordance with the requirements of 29 CFR 1910.1200 ( g). OSHA feels that a properly completed material safety data sheet ( MSDS), if readily available to employees, can serve as an excellent, concise source of information regarding the hazards associated with glycol ethers. OSHA's primary intent in this section of the proposed standard, as stated in the Hazard Communication Standard ( HCS), is to ensure that employees will receive as much information as is needed concerning the hazards posed by chemicals in their workplaces The material safety data sheet ensures that this information will be available to them in a usable, readily accessible and concise form. The material safety data sheet also serves as the central source of information to employees and downstream employers who must be provided with an MSDS if glycol ethers or a product containing glycol ethers is produced and shipped out of the plant. In addition, the MSDS serves as the basic source of information on the hazards of ethylene glycol ethers essential to the training provisions of this and other applicable health standards Producers and importers have the primary responsibility, under the HCS to develop, update, and distribute the material safety data sheet. The manufacturer or importer is most likely to have the best access to information about the product, and is therefore responsible for disseminating this information to downstream users of the material. The requirements for the information that is to be contained on the material safety data sheet are explained in detail at 29 CFR 1910.1200 ( g) All employers with employees potentially exposed to glycol ethers must maintain material safety data sheets and provide their employees with access to them in accordance with 29 CFR 1910.1200 ( g). For employers whose employees' exposure to glycol ethers is from products received from outside sources, the information necessary for a complete MSDS or the MSDS itself is to be obtained from the manufacturer and made available to affected employees Paragraphs ( m)( 4)( i) through ( m)( 4)( iii) of this proposed standard would require employers who have a workplace or work operation covered by this section to provide information and training to all employees who are potentially exposed to these chemicals. The training program is to be in accordance with the requirements of the HCS paragraph ( h), including specific information required to be provided by that section and those items stipulated in paragraph ( m)( 4)( iv) of this standard. In addition, paragraph ( m)( 4)( ii) would require the employer to institute a training program for all employees who are potentially exposed to glycol ethers, to assure each employee's participation in the program and maintain a record of this participation, and to maintain a record of the contents of such programs. This will assist the employer in determining which employees have received training, the information provided to the employees, and those employees who are still in need of such training. Training is to be provided, at no cost to the employee, prior to or at the time of initial assignment to a job involving potential exposure to glycol ethers, at least annually thereafter, and whenever a new hazard from glycol ethers is introduced into their work area. Examples of a new glycol ethers hazard would include, but are not limited to, use of glycol ethers or glycol ethers containing mixtures where none were previously utilized and installation of a process which could result in employee exposure to glycol ethers or increase existing exposure levels. These types of situations would warrant additional training to ensure that employees remain apprised of any new or increased glycol ethers exposure hazards and the precautions necessary to protect themselves from exposure Paragraph ( m)( 4)( iv) would require that the training program be conducted in a manner that the employee is able to understand and shall include at least the following: A) the health hazards associated with glycol ether exposure with special attention to the information in Appendix A of this section; B) the quantity, location, manner of use, release, and storage of glycol ethers at the worksite and the specific nature of operations that could result in exposure to glycol ethers, especially above the TWAs or ELs; C) an explanation of the importance of engineering and work practice controls for employee protection and necessary instruction in the use of these controls; D) the measures employees can take to protect themselves from exposure to glycol ethers, such as diligent personal hygiene, proper use of protective equipment, and specific procedures the employer has implemented to protect employees against exposure, including appropriate work practices, emergency procedures, and personal protective equipment; E) the details of the hazard communication program developed by the employer, including an explanation of the signs, labeling system, and material safety data sheets and how employees can obtain and use the appropriate hazard information; F) the purpose, proper selection, fitting, proper use, and limitations of respiratory protection and personal protective clothing and eye protection; G) the purpose and a description of the medical surveillance program required under paragraph ( l) of this proposed section including the right of any employee exposed to glycol ethers at or above the AL or above the EL to obtain 1) medical examinations as required by paragraph ( l) of this section at no cost to the employee, 2) the employee's medical records required to be maintained by paragraph ( n)( 2) of this section, and 3) all air monitoring results representing the employee's exposure to glycol ethers and required to be kept by paragraph ( n)( 1) of this section; H) a copy of the final glycol ethers standard and its appendices and a discussion of its contents with an explanation of the contents of the MSDSs for glycol ethers; I) instructions for the handling of spills and clean up [ page 15611]

procedures; and J) a review of emergency procedures including specific duties or assignments of each employee in the event of an emergency Paragraph ( m)( 4)( iv)( A) is of primary importance in communicating hazards and training employees. Until employees understand the health hazards of a compound to which they are potentially exposed, the work practices, engineering controls, use of personal protective equipment, and any other precautions which should be taken have little meaning. The Agency feels, therefore, that effectively communicating a compound's health hazards to employees is the initial step in their understanding of other steps necessary to protect them against exposure. OSHA feels strongly that it is important for each worker to be able to recognize how and where he or she might be occupationally exposed to glycol ethers and what steps should be taken to limit exposure. Therefore, the Agency has required, in paragraphs ( m)( 4)( iv)( B), ( C), ( D), ( E), ( F), and ( I), that workers be provided information and trained in practices pertinent to location, use, and so forth of glycol ethers in the workplace; work practices and engineering controls; spills and cleanup self protective measures; the employer's hazard communication program; and personal protective equipment as they apply to glycol ethers and reduction of exposure. Providing a description of the medical surveillance program and its purpose, as stipulated in paragraph ( m)( 4)( iv)( G), will allow employees to understand what medical follow up has been initiated and is available to evaluate occupational exposure. This section would also require that employees be informed that the medical examinations required under paragraph ( l) are to be provided at no cost to the employee. The Agency anticipates that this fact, along with an understanding of the medical surveillance program, will encourage employees to participate. In addition, employees must be informed of their right to access of their personal medical records and all air monitoring results representing their exposure to glycol ethers since these records are concerned directly with the employee's health as it relates to exposure to glycol ethers. The purpose of paragraph ( m)( 4)( iv)( H) is to assure that employees are aware of the existence of the standard and material safety data sheet( s) and are familiarized with the information contained in these documents. In order to assist in successfully achieving the goals outlined in the emergency plan, paragraph ( m)( 4)( iv)( J) states that employees must be trained in emergency procedures including their specific responsibilities should an emergency occur Finally, this section would require that employees be informed that the medical examinations required under paragraph ( l) are to be provided at no cost to the employee. The Agency anticipates that this fact, along with an understanding of the medical surveillance program, will encourage employees to participate. In addition, employees must be informed of their right to access of their personal medical records and all air monitoring results representing their exposure to glycol ethers since these records are concerned directly with the employee's health as it relates to exposure to glycol ethers OSHA has determined during other rulemakings that an information and training program, as incorporated in this proposed standard in an overall " Communication of Hazards to Employees" paragraph, is essential to inform employees of the hazards to which they are exposed and to provide employees with the necessary understanding of the degree to which they themselves can minimize the health hazard potential. Training is essential to an effective overall hazard communication program and serves to explain and reinforce the information presented to employees on signs, labels, and material safety data sheets. These written forms of information and warning will be relevant and meaningful only when employees understand the information presented and are aware of the actions to be taken to avoid or minimize exposures. Active employee participation in training sessions can result in the effective communication of hazard information to employees which can further result in workers taking conscientious protective actions at their job duties, thereby decreasing the possibility of occupationally induced illnesses and injuries OSHA proposes the training provisions of this standard to be in performance oriented, rather than specified and detailed language. The proposed standard, in requiring training to be in accordance with the requirements of 29 CFR 1910.1200, lists the categories of information to be transmitted to employees and not the specific ways that this is to be accomplished. The Agency believes that the employer is in the best position to determine how the training he or she is providing is being received and absorbed by the employees. OSHA has therefore laid out the objectives to be met and the intent of its training to ensure employees are made aware of the hazards in their workplace and how they can help to protect themselves. The specifics of how this is to be accomplished are left up to the employer. The Agency anticipates that the use of such performance oriented requirements will encourage employers to tailor their training needs to their specific workplaces, consequently resulting in the most effective training program suitable for each specific workplace Recordkeeping: Paragraph ( n)

Section 8( c) of the Occupational Safety and Health Act obligates employers to keep and make available such records as the Secretary may prescribe as necessary or appropriate for the enforcement of the Act, or for developing information regarding occupational injuries and illnesses. Accordingly, paragraph ( n) of this proposal requires employers to keep several types of records to achieve the intent of this section of the Act. These include records of 1) exposure measurements and all objective data relied on as a basis for exemption from the monitoring requirements, 2) medical surveillance, and 3) training Paragraph ( n)( 1) of the proposal mandates that the employer establish and maintain exposure records consistent with 29 CFR 1910.20, to accurately reflect the extent and duration of employee exposure to glycol ethers. Specifically, records must include the following information: ( a) the name, social security number, and job classification of the employee( s) monitored and of all other employees whose exposure the monitoring is intended to represent; ( b) the dates of monitoring, sample identification number, sampling duration, time of day, and exposure monitoring results of each of the samples taken including a description of the procedure used to determine representative employee exposures; ( c) the operation( s) covered by the monitoring; ( d) the sampling and analytical methods used and evidence of their accuracy; ( e) the type of respiratory protective devices, if any, worn by the employee; and ( f) any other conditions that might have affected the employee monitoring results. Unusual conditions which may affect monitoring results generally stem from, but are not limited to, situations which could cause an abnormal increase/ decrease in the airborne concentration of glycol ethers. Examples of such situations are a temporary increase/ decrease in production; failure of an engineering control to operate properly; release of glycol ethers in the employee's vicinity [ page 15612]

as may occur during an emergency or maintenance operation; seasonal variations caused by increased/ decreased air movement resulting from opening or closing of doors and windows or use of fans; or a change in an employee's mobility or proximity to a source of glycol ethers. The proposal would require that employee exposure measurement records be maintained for each measurement taken. The record may represent several employee exposure measurements if representative sampling, as described in paragraph ( d), is conducted. The exposure monitoring results that would be required under paragraph ( n)( 1)( ii)( B) above must be expressed, at a minimum, as either an 8 hour time weighted average ( TWA) or a 15 minute excursion limit ( EL), whichever is applicable. OSHA believes that this is necessary to allow employees, their designated representatives, and others accessing these records to be able to determine employee exposure levels without performing numerous and sometimes unfamiliar calculations This proposal has included a provision for the use of objective data in place of initial monitoring to minimize the costs of initial monitoring in circumstances where the employer can demonstrate that insignificant amounts of glycol ethers are present in the workplace and the potential for exposure to glycol ethers above the ALs or ELs does not exist. OSHA feels that requiring an employer to document objective data determinations and retain them, as stipulated in paragraph ( n)( 1)( iii), should discourage abuse of this provision since employees and their representatives are permitted access to this information. Access would enable employees and their representatives to ensure that the exemption determination is a reasonable one, thereby encouraging use of objective determinations only in cases where the data warrant such use. Maintaining a record of the data employed for objective determinations will also permit OSHA to ascertain whether compliance with the standard has been achieved For the purpose of acquiring the capability of correlating employee exposure level data with an individual's medical surveillance results, OSHA is proposing in paragraph ( n)( 1)( iv) that exposure monitoring records be maintained for at least duration of employment plus 30 years In addition to records on employee exposure measurements, paragraph ( n)( 2)( i) would require the employer to establish and maintain an accurate individual record for each employee subject to medical surveillance as stipulated by paragraph ( l) of the proposed standard, in accordance with 29 CFR 1910.20. OSHA believes that medical records, like exposure monitoring records, are necessary and appropriate both to the enforcement of the standard, and to the development of information regarding the causes and prevention of occupational illnesses. Furthermore, medical records are necessary for the proper evaluation of the employee's health Paragraph ( n)( 2)( ii) would require that this record include at least the following: 1) the name and social security number of the employee; 2) the physician's written opinion on the initial, periodic, and additional examinations; 3) any employee medical complaints related to exposure to ethylene glycol ethers; 4) a copy of the information provided by the employer to the physician as required by paragraph ( l)( 6) of this section; and 5) a copy of the medical and reproductive histories, medical questionnaire responses, and results of any medical tests required by the standard or mandated by the examining physician Paragraph ( n)( 2)( iii) would require the employer to retain these medical records for at least the duration of employment plus 30 years. The extended record retention period is needed because diagnosis of disease in employees is assisted by, and in some cases can only be made by, having present and past exposure data as well as the results of present and past medical examinations. In revising 29 CFR 1910.20 " Access to Employee Exposure and Medical Records" OSHA initially proposed to reduce the retention period for medical records. However, in the final rule the Agency states:

" Based on the evidence submitted, OSHA has determined that the proposed reduction in the retention period for medical records is not justified. The long term retention of records is necessary to provide a data base for the detection of occupational diseases that may not manifest themselves for many years after onset of exposure." ( 53 FR 38154 September 29, 1988)

The Agency therefore believes that maintenance of records for duration of employment plus thirty years is prudent and warranted for developing information regarding the causes and prevention of occupationally induced illness With regard to training records, paragraph ( n)( 3) would require the employer to retain all employee training records for 1 year beyond the last date of employment for that employee Paragraph ( n)( 4)( i) mandates that the employer assure that all records required to be maintained by this section are made available upon request to the Assistant Secretary and the Director for examination and copying. In addition to being given records access specifically by this section, the Assistant Secretary and the Director are empowered to examine and copy records by Section 8( c)( 1) of the OSH Act. This portion of the Act states:

Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health, Education, and Welfare [ now Health and Human Services ( HHS)], such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health, Education and Welfare [ HHS], may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illness.

While the Assistant Secretary is empowered to examine and copy records, access to personally identifiable records is subject to Agency rules of practice and procedure which have been published at 29 CFR 1913.10 ( 45 FR 35384)

Paragraph ( n)( 4)( ii) would require the employer to provide upon request for examination and copying, all employee exposure monitoring records required to be maintained by paragraph ( n)( 1) of this section to affected employees, former employees, and designated representatives in accordance with 29 CFR 1910.20 ( a) through ( e) and ( g) through ( i). In addition, paragraph ( n)( 4)( iii) would require employers to provide upon request for examination and copying, all employee medical records required to be maintained by paragraph ( n)( 2) of this section to the subject employee and to anyone having the specific written consent of the subject employee in accordance with 29 CFR 1910.20 Section 8( c) of the Act explicitly provides employees and their representatives with the right to have access to monitoring records. Several other provisions of the Act contemplate that employees and their representatives are entitled to have an active role in the enforcement of the Act . Employees and their representatives need the pertinent information concerning exposures to toxic substances and the consequences to the health and safety of the employees if they are to benefit properly from these statutorily created rights In 29 CFR 1910.20, are spelled out the procedures for access to records by [ page 15613]

OSHA, employees, and employees' designated representatives. This General Industry Standard was promulgated as the generic rule for access to employee exposure and medical records It is discussed here to make the employer aware that it applies not only to records created pursuant to specific standards but also to records which are voluntarily created by employers. A more detailed discussion of the rationale and provisions for 29 CFR 1910.20 can be found at 45 FR 35312 ( May 23, 1980) The transfer of employee exposure monitoring and medical records is to be in accordance with the provisions of paragraph ( h) of 29 CFR 1910.20. If an employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer is to notify the Director at least 90 days prior to disposal and transmit the records to the Director for retention, if requested by the Director within that period Requirements for recordkeeping under the Paperwork Reduction Act are discussed under Section XI  Clearance of Information Collection Requirements Dates: Paragraph ( o)

It is proposed that the final standard become effective 60 days after its publication in the Federal Register ( the Effective Date). This will permit time for public distribution of the standard and provides a sufficient period for employers to familiarize themselves with the regulatory provisions. All obligations under the final standard will commence on the Effective Date except those discussed in the following paragraphs, which will be phasedin during the indicated periods of time The initial exposure monitoring required by paragraph ( d) and the training required by paragraph ( m)( 4) of this section are proposed to be completed as soon as possible but not later than 90 days after the effective date of the final standard. The Agency believes that this is adequate time to conduct monitoring and train employees, even in those workplaces which operate on a multi shift work schedule Upon receipt and evaluation of the monitoring results, regulated areas can be established; respiratory protection can be selected and provided; and medical surveillance can be implemented. Therefore, those requirements found in paragraphs ( e),( g), and ( l) respectively, are to be complied with as soon as possible but not later than 120 days after the effective date of the final standard Since development of the emergency plan necessitates, among other things, purchase of and distribution/ placement of appropriate equipment and supplies, evaluation of potential emergency sites in the facility and appropriate evacuation routes, and additional training of employees, it is proposed that the emergency plan required by paragraph ( k) be completed as soon as possible but not later than 180 days after the effective date Development of the written compliance plan stipulated in paragraph ( f)( 6) of this section requires that the employer determine effective and appropriate engineering controls and work practices to reduce employee exposure levels. Since the provisions in this paragraph may require an in depth analysis of the workplace and could necessitate obtaining outside expertise, a longer period of time has been allotted for compliance. However, the written compliance plan is to be completed no later than 1 year after the effective date In addition, the installation of emergency showers and eyewashes required in paragraph ( i) may also demand extra time for the completion of necessary plumbing and construction. Therefore, the Agency is proposing that eyewashes and showers be installed and usable as soon as possible but in any event not later than 1 year after the effective date The Agency believes that the implementation of engineering controls will be the most time consuming aspect of the final standard. While the initial evaluation and planning of these controls will have been completed as a result of the development of the compliance plan, OSHA realizes that additional time could be required for ordering and installing the necessary equipment. Therefore, engineering controls are to be implemented as soon as possible but no later than 2 years after the effective date Overall, work practices are to be implemented as soon as possible. Those work practices directly related to engineering controls being installed in accordance with the compliance plan are to be implemented as soon as possible after these engineering controls are functional. OSHA solicits comments on the appropriateness of these proposed start up dates Appendices: Paragraph ( p)

The proposed standard contains 5 appendices which are designed to assist employers and employees in implementing the provisions of this standard. Appendices A, B, C, D and E are nonmandatory and are included primarily to provide information and guidance. In addition these appendices are not intended to detract from any obligation that the proposed standard imposes In particular Appendix D, is a sample Reproductive History Questionnaire. This questionnaire was derived from Appendix B of the Office of Technology and Assessment's ( OTA) report Reproductive Hazards in the Workplace ( Ex. 5 135). As noted by the OTA, elements of the questionnaire were derived from various research facilities to develop a composite questionnaire. They also note that it is not a validated questionnaire. Nevertheless, OSHA believes that this sample questionnaire provides useful information which may provide guidance and information on pertinent factors in conducting a reproductive history. OSHA seeks comment on the usefulness of this questionnaire. OSHA also welcomes other information on other reproductive history questionnaires which may be more useful or appropriate The appendices which are included in the standard are: Appendix A Substance Safety Data Sheet for Glycol Ethers; Appendix B Substance Technical Guidelines for Glycol Ethers; Appendix C Medical Surveillance Guidelines for Glycol Ethers; Appendix DReproductive History Questionnaire; Appendix E Sampling and Analytical Method for Glycol Ethers; Appendix F Qualitative and Quantitative Fit Test Procedures XI. Clearance Of Information Collection Requirements On March 31, 1983, the Office of Management and Budget ( OMB) published a new 5 CFR Part 1320, implementing the information collection provisions of the Paperwork Reduction Act of 1980, 44 U. S. C. 3501 et seq. ( 48 FR 13666). Part 1320, which became effective on April 30, 1983, sets forth procedures for agencies to follow in obtaining OMB clearance for collection of information requirements contained in proposed rules to OMB not later than the date of publication of the proposal in the Federal Register. It also requires agencies to include a statement in the notice of proposed rulemaking, indicating that such information requirements have been submitted to OMB for review under Section 3504 ( h) of the Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980 ( 44 U. S. C. 3501 et. seq.), and the regulation issued pursuant thereto ( 5 CFR Part 1320), OSHA certifies that is has submitted the information collection requirements contained in this proposed standard to the Office of Management and Budget ( OMB) for review under Section 3504 ( h) of the Act. Paragraph ( n) is the provision [ page 15614]

that makes the major contribution to the information collection requirements in the proposed standard. Comments on these information collection requirements may be submitted by interested parties to the Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for the Occupational Safety and Health Administration, New Executive Office Building, Washington, D. C. 20503. OSHA requests that copies of such comments also be submitted to the OSHA rulemaking docket, at the following address: Docket Officer, Docket No. H 044, Room N2625, U. S. Department of Labor, 200 Constitution Avenue., N. W., Washington, D. C. 20210 Public Reporting Burden Public reporting burden for this collection of information is estimated to be approximately 24 hours initially and approximately 24 recurring hours with and average .08 hours per response. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the OSHA rulemaking docket, at the address previously set forth; and to the Office of Information and Regulatory Affairs of OMB XII. Public Participation  Notice Of Hearing Interested persons are invited to submit written data, views, and arguments with respect to this proposed standard. These comments must be postmarked on or before June 7, 1993, and submitted in quadruplicate to the Docket Officer, Docket No. H 044, Room N2625, U. S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Comments limited to 10 pages or less also may be transmitted by facsimile to ( 202) 219 5046, provided the original and three copies are sent to the Docket Officer thereafter Written submissions must clearly identify the provisions of the proposal which are being addressed and the position taken with respect to each issue. The data, views, and arguments that are submitted will be available for public inspection and copying at the above address. All timely written submissions will be made a part of the record of the proceeding Pursuant to section 6( b)( 3) of the Act, an opportunity to submit oral testimony concerning the issues raised by the proposed standard will be provided at an informal public hearing scheduled to begin at 10: 00 A. M. on July 20, 1993, in Washington, DC in the auditorium of the Frances Perkins Building, U. S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC, 20210 Notice of Intention to Appear All persons desiring to participate at the hearings must file in quadruplicate a Notice of Intention to Appear, postmarked on or before June 7, 1993, addressed to Mr. Tom Hall, OSHA Division of Consumer Affairs, Docket No. H 044, Room N 3649, U. S. Department of Labor, 200 Constitution Avenue N. W., Washington, D. C. 20210; telephone ( 202) 219 8615. The Notice of Intention to Appear also may be transmitted by facsimile to ( 202) 219 5046, provided the original and 3 copies of the Notice are sent to the above address thereafter The Notices of Intention to Appear, which will be available for inspection and copying at the OSHA Docket Office ( Room N 2625), telephone ( 202) 219 7894, must contain the following information:

( 1) The name, address, and telephone number of each person to appear; ( 2) The capacity in which the person will appear;

( 3) The approximate amount of time requested for the presentation; ( 4) The specific issues that will be addressed;

( 5) A detailed statement of the position that will be taken with respect to each issue addressed; and ( 6) Whether the party intends to submit documentary evidence, and if so, a brief summary of that evidence Filing of Testimony and Evidence Before Hearings Any party requesting more than 10 minutes for a presentation at the hearing, or who will submit documentary evidence, must provide in quadruplicate the complete text of the testimony, including any documentary evidence to be presented at the hearing to the OSHA Division of Consumer Affairs. This material must be postmarked by June 28, 1993, and will be available for inspection and copying at the OSHA Docket Office. Each such submission will be reviewed in light of the amount of time requested in the Notice of Intention to Appear. In those instances where the information contained in the submission does not justify the amount of time requested, a more appropriate amount of time will be allocated and the participant will be notified of that fact Any party who has not substantially complied with this requirement may be limited to a 10 minute presentation. Any party who has not filed a Notice of Intention to Appear may be allowed to testify, as time permits, at the discretion of the Administrative Law Judge OSHA emphasizes that the hearing is open to the public, and that interested persons are welcome to attend. However, only persons who have filed proper notices of intention to appear will be entitled to ask questions and otherwise participate fully in the proceeding Conduct and Nature of Hearings The hearings will commence at 10: 00 a. m. on July 20, 1993. At that time any procedural matters relating to the proceeding will be resolved The nature of an informal hearing is established in the legislative history of section 6 of the Act and is reflected by the OSHA hearing regulations ( see 29 CFR 1911.15 ( a)). Although the presiding officer is an Administrative Law Judge and questioning by interested persons is allowed on crucial issues, the proceeding shall remain informal and legislative in type. The essential intent is to provide an opportunity for effective oral presentations which can proceed expeditiously, in the absence of rigid procedures which impede or protract the rulemaking process Additionally, since the hearing is primarily for information gathering and clarification, it is an informal administrative proceeding, rather than an adjudicative one. The technical rules of evidence, for example, do not apply. The regulations that govern hearings and the pre hearing guidelines to be issued for this hearing will ensure fairness and due process and also facilitate the development of a clear, accurate and complete record. Those rules and guidelines will be interpreted in a manner that furthers that development. Thus, questions of relevance, procedure and participation generally will be decided so as to favor development of the record The hearing will be conducted in accordance with 29 CFR Part 1911. The hearing will be presided over by an Administrative Law Judge who makes no recommendation on the merits of OSHA's proposal. The responsibility of the Administrative Law Judge is to ensure that the hearing proceeds at a reasonable pace and in an orderly manner. The Administrative Law Judge, therefore, will have all the powers necessary and appropriate to conduct a full and fair informal hearing as provided in 29 CFR Part 1911 and the prehearing guidelines, including the powers:

1. To regulate the course of the proceedings;

2. To dispose of procedural requests, objections, and comparable matters; [ page 15615]

3. To confine the presentation to the matters pertinent to the issues raised;

4. To regulate the conduct of those present at the hearing by appropriate means;

5. At the Judge's discretion, to question and permit the questioning of any witness and to limit the time for questioning; and 6. At the Judges's discretion, to keep the record open for a reasonable, stated time to written information and additional data, views and arguments from any person who has participated in the oral proceeding Certification of Record and Final Determination After Hearing Following the close of the posthearing comment period, the presiding Administrative Law Judge will certify the record to the Assistant Secretary of Labor for Occupational Safety and Health. The Administrative Law Judge does not make or recommend any decisions as to the content of the final standard The proposed standard will be reviewed in light of all testimony and written submissions received as part of the record, and a standard will be issued based on the entire record of the proceeding, including the written comments and data received from the public List of Subjects in 29 CFR Pat 1910 Chemicals, 2 Ethoxyethanol, 2 Ethoxyethanol Acetate, Glycol Ethers, 2 Methoxyethanol, 2 Methoxyethanol Acetate, Occupational Safety and Health, Reproductive and Developmental Toxicity XIII. Authority and Signature This document was prepared under the direction of David C. Zeigler, Acting Assistant Secretary of Labor, 200 Constitution Avenue, N. W., Washington, D. C., 20210 It is issued under sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 ( 29 U. S. C. 653, 655, 657), Secretary of Labor's Order 1 90 ( 55 FR 9033) and 29 CFR Part 1911 Signed at Washington, D. C., this 9th day of March, 1993 David C. Zeigler Acting Assistant Secretary of Labor XIV. The Proposed Standard Part 1910  [ AMENDED] Part 1910 of title 29 of the Code of Federal Regulation is hereby proposed to be amended as follows: Subpart B  [ AMENDED]

1. The authority citation for subpart B of 29 CFR part 1910 continues to read as follows:

Authority: Secs. 4, 6, and 8 of the Occupational Safety and Health Act, 29 U. S. C. 653, 655, 657; Walsh Healy Act, 41 U. S. C. 35 et seq; Service Contract Act of 1965, 41 U. S. C. 351 et seq; sec. 107, Contract Work Hours and Safety Standards Acts ( Construction Safety Act), 40 U. S. C. 333; sec 41, Longshoremen's and Harbor Worker's Compensation Act, 33 U. S. C. 941; National Foundation of Arts and Humanities Act, 20 U. S. C. 951 et seq., Secretary of Labor's Order No., 12 71 ( 36 FR 8754); 8 76 ( 41 FR 25059), or 9 83 ( 48 FR 35736), as applicable; and 29 CFR Part 1911 Sections 1910.16 and 1910.19 also issued under 29 CFR Part 1911 2. A new paragraph ( n) is proposed to be added to 1910.19 to read as follows:

1910.19 special provisions for air contaminants. ( n) Glycol ethers. Section 1910.1031 shall apply to the exposure of every employee to glycol ethers, as defined in section 1910.1031, in every employment and place of employment covered by 1910.12, 1910.13, 1910.14, 1910.15, 1910.16, 1926 and 1928 in lieu of any different standard on exposures to glycol ethers which would otherwise be applicable by virtue of those sections Subpart Z  [ AMENDED]

3. The authority citation for Subpart Z of Part 1910 continues to read as follows:

Authority: Secs. 6, 8 Occupational Safety and Health Act, 29 U. S. C. 655, 657: Secretary of Labor's Order 12 71 ( 36 FR 8754), 9 76 ( 41 FR 25059), 9 83 ( 48 FR 35736) or 1 90 ( 55 FR 9033), as applicable; and 29 CFR Part 1911 All of subpart Z issued under section 6( b) of the Occupational Safety and Health Act, listed in the Final Rule Limits columns of Table Z 1 A, which have identical limits listed in the Transitional Limits columns of Table Z 1 A, Z 2 or Table Z 3. The latter were issued under section 6( a) ( 29 U. S. C. 655 ( a))

Section 1910.1000, the Transitional Limits columns of Table Z 1 A, Table Z 2 and TableZ 3 not issued under 5 U. S. C. 553 1910.1000, the Transitional limits columns of Table Z 1 A. Table Z 2 and Table Z 3 not issued under 29 CFR part 1911 except for the arsenic, benzene, cotton dust, and formaldehyde listings Section 1910.1001 also issued under sec. 107 of Contract Work Hours and Safety Standards Act, 40 U. S. C. 333 Section 1910.1002 not issued under 29 U. S. C. 655 or 29 CFR part 1911; also issued under 5 U. S. C. 553 Sections 1910.1003 through 1910.1018 also issued under 29 CFR U. S. C. 653 Section 1910.1025 also issued under 29 U. S. C. 653 and 5 U. S. C. 553. Section 1910.1028 also issued under 29 U. S. C. 653. Section 1910.1043 also issued under 5 U. S. C. 551 et seq. Sections 1910.1045 and 1910.1047 also issued under 29 U. S. C. 653. Section 1910.1048 also issued under 29 U. S. C. 653 Sections 1910.1200, 1910.1499 and 1910.1500 also issued under 5 U. S. C. 553 Section 1910.1450 is also issued under sec. 6( b), 8( c) and 8( g)( 2), Pub. L. 91 596, 84 Stat. 1593, 1599, 1600; 29 U. S. C. 655, 657. 1910.1000 [ AMENDED]

4. The entries " 2 Ethoxyethanol * * * 110 80 5) * * * 200 ppm * * * 740 mg/ m3, " 2 Ethoxyethyl acetate ( Cellosolve Acetate) * * * 111 15 9 * * * 100 ppm * * * 540 mg/ m3, " 2 Methoxyethanol; see Methyl Cellosolve", " Methyl Cellosolve ( 2 Methoxyethanol) * * * 109 86 4 * * * 25 ppm * * * 80 mg/ m3" and " Methyl Cellosolve Acetate ( 2 Methoxyethyl Aceate) * * * 110 49 6 25 ppm * * * 120 mg/ m3 " are proposed to be deleted from Table Z 1 A of 1910.1000 5. A new 1910.1031 and Appendices A, B, C, D, E and F to the section are proposed to be added to subpart Z to read as follows:

1910.1031  Glycol ethers ( a) Scope and application  ( 1) This section applies to all occupational exposures to 2 Methoxyethanol ( 2 ME), 2 Methoxyethanol Acetate ( 2 MEA), 2 Ethoxyethanol ( 2 EE) and 2 Ethoxyethanol Acetate ( 2 EEA) Chemical Abstracts Service Registry Nos. 109 86 4, 110 49 6, 110 80 5 and 111 15 9, respectively, except as provided for in paragraph ( a)( 2) of this section. ( 2) This section does not apply to:

( i) Work operations where the only exposure to 2 ME, 2 MEA, 2 EE, or 2 EEA is from liquid mixtures containing less than 1% 2 ME, 2 MEA, 2 EE or 2 EEA, respectively, by volume, unless the employer has reason to believe that such mixtures could release vapors in quantities sufficient to result in an airborne concentration which meets or exceeds the action levels or exceeds the excursion limits for these compounds or could present a hazard through dermal contact ( ii) Work operations using solid materials made from or containing 2 ME, 2 MEA, 2 EE or 2 EEA that are incapable of releasing 2 ME, 2 MEA, 2 EE or 2 EEA to the workplace air in concentrations at or above the AL or above the EL ( b) Definitions. For purposes of this standard, the following definitions shall apply: Action Level ( AL) means airborne concentrations of 0.05 ppm ( 2 ME or 2 MEA) and 0.25 ppm ( 2 EE or 2 EEA) calculated as an 8 hour time weighted average ( TWA)

Assistant Secretary means the Assistant Secretary of Labor for [ page 15616]

Occupational Safety and Health, U. S. Department of Labor, or designee Authorized person means any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under paragraph ( d) of this section, or any other person authorized by the Act or regulations issued under the Act Director means the Director of the National Institute for Occupational Safety and Health, U. S. Department of Health and Human Services, or designee Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which may or does result in an unexpected significant release of glycol ethers Employee exposure means the exposure to airborne or liquid glycol ethers which would occur if the employee were not using respiratory protective equipment or other personal protective equipment Ethylene glycol ethers, for the purposes of this section, means 2 Methoxyethanol ( 2 ME)( CAS No. 109 86 4), 2 Methoxyethanol acetate ( 2 MEA)( CAS No. 110 49 6), 2 Ethoxyethanol ( 2 EE)( CAS No. 110 80 5) and 2 Ethoxyethanol acetate ( 2 EEA)( CAS No. 111 15 9). Glycol ethers is defined the same as " Ethylene glycol ethers"

above Objective Data means information which can be used to reliably calculate the anticipated airborne concentration of a compound in a work area. Such information may include, but is not limited to, physical properties of the compound, room dimensions, air exchange rates, information on work practices, historical data on employee exposures, and employee proximity to emissions sources Regulated area means any area where airborne concentrations of glycol ethers exceed or can reasonably be expected to exceed the permissible exposure limits ( PELs), either the 8 hour time weighted average ( TWA) limits of 0.1 ppm ( 2 ME, 2 MEA) and 0.5 ppm ( 2 EE, 2 EEA) or as the 15 minute excursion limits ( ELs) of 0.5 ppm ( 2 ME, 2 MEA) and 2.5 ppm ( 2 EE, 2 EEA) ( c) Permissible exposure limits ( PELs)  ( 1) Eight Hour Time Weighted Average ( TWA) The employer shall assure that no employee is exposed to an airborne concentration of glycol ethers which exceeds 0.1 ppm for 2 ME and 2 MEA or 0.5 ppm for 2 EE and 2 EEA, calculated as an 8 hour time weighted average ( TWA)

( 2) Excursion Limit ( EL) The employer shall assure that no employee is exposed to an airborne concentration of glycol ethers in excess of 0.5 ppm for 2 ME and 2 MEA or 2.5 ppm for 2 EE and 2 EEA, averaged over a sampling period of 15 minutes. Monitoring for EL is to be conducted during the period in which the employee would be expected to receive his/ her highest level of exposure ( 3) Dermal Exposure The employer shall assure that no employee is exposed to glycol ethers through dermal contact ( d) Exposure monitoring  ( 1) General  ( i) Except as provided by paragraph ( d)( 1)( v) of this section, each employer who has a workplace or work operation covered by this section shall accurately determine the level of employee exposure to glycol ethers ( ii) Determinations of employee exposure shall be made from personal breathing zone air samples that accurately reflect each employee's average exposures to airborne glycol ethers over an 8 hour period ( AL and TWA) and over a 15 minute period at operations where there is reason to believe that exposures may be above the excursion limit ( EL)

( iii) The employer shall determine 8 hour TWA employee exposures for each employee in each job classification in each work area during each shift. At operations where there is reason to believe that exposures may be above the excursion limit ( EL), the employer shall determine the EL employee exposures for each job classification in each work area during each shift ( iv) Except for initial monitoring required in paragraphs ( d)( 2)( i) and ( d)( 2)( ii) of this section, the employer may develop a representative sampling strategy that sufficiently monitors exposure levels within each job classification or for each job task, for each workshift, in each work area to correctly characterize and not underestimate the exposure of any employee within each exposure group. In representative sampling, the employer shall sample those employees expected to have the highest exposures. Exposure levels shall be determined for each employee in each job classification in each work area for each shift unless the employer can document that exposure levels for a given job classification are equivalent for different work shifts ( v) Where the employer has objective data, as defined in paragraph ( b) of this section, showing the presence of glycol ethers in the workplace or products containing glycol ethers cannot result in the release of airborne concentrations of glycol ethers that would cause any employee to be exposed at or above the AL or above the EL, under worst case release conditions of foreseeable use, the employer may rely upon such data and is not required to monitor employee exposure levels to glycol ethers ( 2) Initial Monitoring. ( i) Except as provided in paragraphs ( d)( 1)( v) or ( d)( 2)( ii) of this section, each employer shall identify all employees who, without regard to respirator use, are exposed or may reasonably be anticipated to be exposed, at or above the AL or above the EL and shall perform initial monitoring to accurately determine the exposure of all employees so identified ( ii) Where the employer has monitored an employee who is at or above the AL and/ or above the EL after [ 180 days prior to Effective Date] and the monitoring occurred under conditions closely resembling those currently prevailing and that monitoring satisfies all other requirements of this section, the employer may rely on such monitoring results to satisfy the requirements of paragraph ( d)( 2)( i) of this section with respect to the employee monitored ( 3) Periodic monitoring. ( i) The employer shall periodically measure and accurately determine exposure to glycol ethers for employees shown by the initial or other monitoring to be exposed at or above the action level ( AL) or above the EL ( ii) If the initial or periodic monitoring results reveal employee exposure to be at or above the AL but at or below the TWA, the employer shall monitor these employees at least every 6 months ( iii) If the initial or periodic monitoring results reveal employee exposure above the TWA, the employer shall monitor these employees at least every 3 months ( iv) If the initial or periodic monitoring results reveal employee exposure above the EL, the employer shall monitor these employees at least every 3 months under conditions of highest exposure ( 4) Additional monitoring. The employer shall also institute the exposure monitoring required under paragraphs ( d)( 2)( i) and ( d)( 3) of this section each time there is a change in production, equipment, raw materials, process, personnel, or work practices that may result in new or additional exposure to glycol ethers at or above the ALs or above the ELs, or whenever the employer has any other reason to [ page 15617]

suspect that a change may result in new or additional exposures at or above the ALs or above the ELs ( 5) Termination of Monitoring. ( i) If the initial monitoring reveals employee exposure to be below the ALs and at or below the ELs, the employer may discontinue monitoring for that employee, except as noted otherwise in paragraph ( d)( 4) of this section ( ii) If the periodic monitoring indicates that employee exposures are below the ALs and at or below the ELs and that result is confirmed by the results of another monitoring taken at least 7 days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring. The results must be statistically representative and consistent with the employer's knowledge of the job and work operation ( iii) If initial or periodic monitoring reveals employee exposure at or above the AL, but on two consecutive measurements taken at least seven days apart, the employee exposure is not above the EL, no further monitoring for the EL is necessary except as required by paragraph ( d)( 4) of this section ( 6) Accuracy of measurement. The employer shall use a method of monitoring and analysis that shall be accurate, ( to a 95 percent confidence level), to within plus or minus 25 percent for airborne concentrations of glycol ethers at or above the level being investigated ( 7) Employee notification of monitoring results. ( i) Within 15 working days of receiving the results of exposure monitoring conducted under this section, the employer shall notify each affected employee, individually, of these results in writing. In addition, within the same period, the employer shall post the results in an appropriate location that is accessible to affected employees ( ii) Whenever monitoring results indicate that employee exposure is over the TWA and/ or EL permissible exposure limits, the employer shall include in the written notice a statement that the TWA and/ or EL has been exceeded and a description of the corrective action being taken by the employer to decrease the exposure to within the permissible exposure limits ( 8) Observation of monitoring. ( i) The employer shall provide affected employees or their designated representative an opportunity to observe any monitoring of employee exposure to glycol ethers required by this section ( ii) When observation of the monitoring of employee exposure to glycol ethers requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide and require the observer to use such clothing and equipment and shall assure that the observer complies with all other applicable safety and health procedures ( e) Regulated areas. ( 1) The employer shall establish regulated areas wherever exposures to glycol ethers exceed or can be expected to exceed either the TWA or EL permissible exposure limits prescribed in paragraph ( c) of this section ( i) These areas shall be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees to the boundary of the regulated area ( ii) Regulated areas shall be posted at all entrances and accessways with signs as specified in paragraph ( m)( 1)( i) of this section ( 2) The employer shall limit access to regulated areas to authorized persons ( 3) Whenever an employer at a multi employer worksite establishes a regulated area, that employer shall communicate the location and restrictions of access to the regulated area to other employers with work operations at that worksite ( 4) The employer shall assure that each person entering a regulated area is provided with and required to use appropriate personal protective equipment, including respiratory protection selected in accordance with paragraph ( g)( 3) of this section ( f) Methods of compliance  ( 1) Engineering controls and work practices. Whenever any employee is exposed to glycol ethers above either the TWA or EL permissible exposure limits prescribed in paragraph ( c) of this section or may forseeably experience dermal exposure to glycol ethers, the employer shall institute engineering and work practice controls to reduce and maintain employee exposures to glycol ethers at or below the TWAs and the ELs and to eliminate dermal exposure to glycol ethers, except to the extent that the employer can establish that these controls are not feasible or where the provisions of paragraph ( g) of this section apply ( 2) Whenever feasible engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the TWA and/ or EL permissible exposure limits or eliminate foreseeable dermal exposure , the employer shall implement them to reduce employee exposures to the lowest levels achievable and shall supplement such controls with personal protective equipment and/ or respiratory protection that complies with the requirements of paragraph ( g) of this section ( 3) Engineering controls shall be inspected and maintained or replaced to ensure their effectiveness ( 4) The employer shall permit employees to leave the work area immediately or as soon as feasible to wash skin areas which have had contact with glycol ethers ( 5) Compliance program . ( i) Where the TWAs and/ or ELs are exceeded or dermal exposure exists, the employer shall establish and implement a written compliance program to reduce employee exposure to or below the TWA and/ or EL permissible exposure limits and eliminate dermal exposure by means of engineering and work practice controls, as required by paragraph ( f) of this section. To the extent that engineering and work practice controls cannot reduce exposures to or below the TWAs and/ or ELs and/ or eliminate dermal exposure, the employer shall include in the written compliance program the use of appropriate respiratory protection and/ or personal protective equipment to achieve compliance. The compliance program shall include the written plan for emergency situations prescribed in paragraph ( k) of this section ( ii) The written compliance programs shall be reviewed and updated at least annually, or more often if necessary, to reflect significant changes in the employer's compliance status ( iii) Written compliance programs shall be submitted upon request for examination and copying to affected employees, authorized employee representatives, the Assistant Secretary, and the Director ( g) Respiratory protection  ( 1) General. Where respiratory protection is required by this section, the employer shall provide it at no cost to the employee and shall assure its proper use, in compliance with the requirements of this paragraph, to reduce employee exposures to or below the TWA and/ or EL permissible exposure limits. Respiratory protection shall be used in the following circumstances:

( i) During the interval necessary to install or implement feasible engineering and work practice controls;

( ii) In work operations, such as maintenance and repair activities and during brief or intermittent operations, for which the employer establishes that engineering and work practice controls are not feasible;

( iii) In work situations where the employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to [ page 15618]

reduce exposure to or below the TWA and/ or EL permissible exposure limits, and;

( iv) In emergencies.

( 2) Assignment of respiratory protection. No employee shall be assigned tasks requiring the use of respiratory protection if, based upon his or her most recent medical examination, an examining physician determines that the employee will be unable to function normally while wearing a respirator. Such employee shall be given the opportunity to transfer to a position where no respirator use is required. That position shall be with the same employer, in the same geographical area, and with the same seniority status and rate of pay the employee had just prior to such transfer, if such a position is available ( 3) Respirator selection. Where respiratory protection is required under this standard, the employer shall select and provide the appropriate respirator as specified in Table 1. The employer shall select respirators from among those approved by the Mine Safety and Health Administration ( MSHA) and by the National Institute for Occupational Safety and Health ( NIOSH) under the provisions of 30 CFR Part 11 or any future revisions Table 1 1. MINIMUM REQUIREMENTS FOR RESPIRATORY PROTECTION AGAINST 2 EE, 2 EEA, 2 ME, and 2 MEA. 2 Condition of use Minimum required or glycol ether concentration respirator ( ppm 2 EE/ 2 EEA)

( ppm 2 ME/ 2 MEA)

Up to 10X the PEL Supplied air half mask respirator ( 1 ppm) in negative pressure ( demand)

( 5 ppm) mode1 Up to 25X the PEL Supplied air respirator with hood ( 2.5 ppm) or helmet in continuous flow mode ( 12.5 ppm)

Up to 50X the PEL Supplied air half mask in ( 2 ppm) continuous flow mode1 ( 25 ppm)

Supplied air full facepiece in negative pressure ( demand) mode SCBA full facepiece in negative pressure ( demand) mode Up to 250X the PEL Supplied air full facepiece in ( 25 ppm) continuous flow mode ( 125 ppm)

Up to 1000X the PEL Supplied air half mask or full ( 100 ppm) facepiece in pressure demand mode1 ( 500 ppm)

Greater then 1000X SCBA in pressure demand mode the PEL (> 100 ppm) Supplied air full facepiece in (> 500 ppm) pressure demand mode in combination with auxiliary self contained air supply Firefighting SCBA in pressure demand mode 1 Full face piece is required when eye irritation is experienced 2 Respirators assigned for high environmental concentrations may be used for lower environmental concentrations ( 4) Respirator program. Where respirator use is required by this standard, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134 ( b), ( d), ( e), and ( f)

( 5) Respirator use. Employers shall permit employees to leave the work area to wash their faces and respirator facepieces as needed to prevent skin irritation from respirator use ( 6) Respirator fit testing. ( i) The employer shall assure that the respirator issued to the employee exhibits the least possible facepiece leakage and that the respirator is fitted properly and will not permit the employee to inhale glycol ethers in excess of either the TWAs or ELs ( ii) For each employee wearing a tight fitting supplied air respirator, employers shall perform either a quantitative or qualitative face fit test of the facepiece while it is equipped with appropriate air purifying elements. When quantitative fit testing is performed, half mask facepieces must exhibit a fit factor of 100 and full facepieces a fit factor of 500, at a minimum ( iii) The employer shall perform and certify the results of the appropriate fit tests at the time of initial fitting, at least annually thereafter, when a different make or size respirator is used, and when a change in facial structure occurs ( iv) Fit testing shall be performed at a reasonable time and place and at no cost to the employee and shall be conducted in accordance with Appendix F of this section ( h) Personal protective equipment  ( 1) Provision and use. The employer shall select and provide appropriate personal protective equipment, including clothing and eye protection, in accordance with 29 CFR 1910.132 and 29 CFR 1910.133 ( i) The employer shall select the appropriate personal protective equipment based upon the type of exposure anticipated, conditions of use, and the hazard to be prevented ( ii) The employer shall provide the appropriate personal protective equipment at no cost to the employee and assure that employees use this equipment ( iii) Personal protective equipment, such as, but not limited to, coveralls, gloves, faceshields, and rubber boots, shall be made of materials sufficiently impervious to glycol ethers to prevent employee exposure to these compounds ( iv) The employer shall provide uncontaminated personal protective equipment as often as necessary and at least weekly to prevent employee exposure to glycol ethers ( 2) Removal and storage. ( i) The employer shall assure that employees remove all personal protective equipment contaminated with glycol ethers prior to leaving the work area or as soon as feasible if the potential for soakthrough/ breakthrough exists. This shall be done in an area which minimizes exposure of other employees ( ii) The employer shall assure that no employee takes home personal protective equipment contaminated with glycol ethers ( iii) The employer shall assure that no employee takes personal protective equipment contaminated with glycol ethers out of the workplace unless authorized to do so for the purposes of laundering, cleaning, maintenance, or disposal ( iv) The employer shall assure that personal protective equipment contaminated with glycol ethers shall be stored in a manner so as to minimize employee exposure and not be worn again until cleaned or laundered ( v) The employer shall assure that storage areas and containers with glycol etherscontaminated personal protective equipment shall have a sign or label, respectively, as specified in paragraph ( m)( 1)( ii) of this section ( 3) Cleaning, replacement, and disposal. ( i) The employer shall clean, launder, repair, and replace, at no cost to the employee, all required personal protective equipment for each affected employee as necessary to assure its effectiveness and shall be responsible for the disposal of these items ( ii) The employer shall assure that only trained persons remove contaminated personal protective [ page 15619]

equipment from storage for the purpose of laundering, cleaning, repair, or disposal ( iii) The employer shall inform any person who launders, cleans, or repairs personal protective equipment contaminated by glycol ethers of the potentially harmful effects of exposure to glycol ethers and of procedures to safely handle the clothing and equipment ( iv) The employer shall assure that laundering, cleaning, maintenance, and disposal are performed only at facilities which are appropriate to handle glycol ethers contaminated personal protective equipment ( v) All contaminated personal protective equipment destined for disposal shall be placed in a sealed container which is labeled in accordance with paragraph ( m)( 1)( ii) of this standard ( i) Hygiene protection  ( 1) If employee's skin may become splashed with liquids containing glycol ethers, except as provided by paragraph ( a)( 2)( i) of this section, the employer shall provide conveniently located quick drench showers and assure that affected employees use these facilities immediately ( 2) If there is any possibility that an employee's eyes may be splashed with liquids containing glycol ethers, except as provided by paragraph ( a)( 2)( i) of this section, the employer shall provide eye wash fountains within the immediate work area for emergency use ( 3) Eating, drinking, smoking, and application of cosmetics is prohibited in areas of glycol ethers exposure ( 4) Personal protective equipment shall not be worn in lunch areas ( j) Housekeeping  ( 1) All surfaces ( e. g. floors, working surfaces, exterior surfaces of equipment) shall be kept free of glycol ethers to the extent feasible ( 2) The employer shall conduct a program to detect leaks and spills, including visual inspections of operations involving liquids containing glycol ethers ( 3) Preventative maintenance of equipment, including surveys for leaks, shall be undertaken at intervals appropriate to assure proper functioning of the equipment ( 4) In work areas where spillage may occur, the employer shall make provisions to contain the spill, to decontaminate the work area, and to dispose of waste ( 5) The employer shall assure that all leaks are repaired and spills are cleaned up as soon as possible by employees wearing suitable protective equipment, which may include respiratory protection, and who are trained in proper methods of cleanup and decontamination ( 6) Waste and debris contaminated with glycol ethers shall be placed for disposal in sealed containers bearing a label as specified in paragraph ( m)( 1)( ii) of this section ( k) Emergencies  ( 1) The employer shall develop a written emergency plan for each workplace or work operation covered by this section in accordance with the requirements of 29 CFR 1910.38 ( a). The provisions of 29 CFR 1910.120 ( q) remain in effect as applicable and an emergency response plan meeting the requirements of 29 CFR 1910.120 ( q) shall be deemed to meet the requirements for an emergency response plan in this paragraph ( 2) All employees shall be thoroughly trained in their responsibilities in the event of an emergency ( 3) The employer shall assure that only designated personnel, furnished with appropriate personal protective equipment which shall include respiratory protection, and who are trained in re entry procedures shall correct the emergency conditions ( 4) The employer shall assure that appropriate personal protective, housekeeping, and other emergency equipment and supplies shall be located in each area where an emergency could occur ( 5) All employees, except those designated to correct the situation, shall be evacuated from and normal operations shall be halted in the area where the emergency occurred until the emergency has been abated ( 6) The employer shall make provisions for immediate evacuation, transportation, and medical assistance at a designated medical facility for affected employees ( l) Medical surveillance  ( 1) General. ( i) Employees covered. The employer shall institute medical surveillance programs for all employees who are or will be exposed to airborne concentrations of glycol ethers at or above the action level or above the excursion level ( ii) Examination by a physician. 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, without loss of pay, and at a reasonable time and place. Persons who administer pulmonary function tests required by this standard shall complete a training course in spirometry sponsored by an appropriate governmental, academic or professional institution ( 2) Initial examinations ( i) Within 90 days of the effective date of this standard or before the time of assignment, which ever comes later, the employer shall provide each employee covered by paragraph ( l)( 1)( i) of this section with a medical examination including at a minimum the following elements:

( A) A medical and work history, including a reproductive history, with emphasis on the hematologic system, skin, eyes and symptoms related to pulmonary and mucous membrane irritation ( B) A physical examination with emphasis given to hematologic and pulmonary system, mucous membranes, skin and eyes ( C) A complete blood count to include at a minimum a red cell count, a white cell count, hemoglobin, and hematocrit ( D) Pulmonary function testing for employees who are or will be wearing respiratory protection. As a minimum, these tests shall consist of forced vital capacity ( FVC), forced expiratory volume in one second ( FEV1), and forced expiratory flow ( FEF)

( E) Any other test which the examining physician deems necessary ( ii) No initial medical examination is required to satisfy the requirements of paragraph ( l)( 2)( i) of this section if adequate records show that the employee has been examined in accordance with the procedures of paragraph ( l)( 2)( i) of this section within twelve months prior to the effective date of this standard. Results of tests meeting such requirements shall be provided to the physician to complete the written opinion ( 3) Periodic examinations. ( i) Periodic medical examinations shall be made available at least annually ( ii) The scope of the medical examination shall be made in conformance with the protocol established in paragraph ( l)( 2)( i) of this section ( iii) Where the results of the examination of the respiratory system indicate abnormalities, or the employee experiences difficulty breathing during the use of or fit testing for respirators, the physician will further evaluate the employee's ability to wear a respirator ( iv) Anytime the employee develops signs and symptoms commonly associated with toxic exposure to glycol ethers, or the employee desires medical advice or tests concerning the effects of current or past exposure to glycol ethers on the employee's ability to produce a healthy child, the employer shall provide the employee with an additional medical examination and/ or a consultation which shall include those [ page 15620]

elements considered appropriate by the examining physician ( 4) Emergency Situations. In addition to medical surveillance required in paragraphs ( l)( 1)( l)( 3) of this section, the employer shall make medical examinations available as soon as possible to all employees who may have been acutely exposed to glycol ethers in an emergency ( 5) Information provided to the physician. The employer shall provide the following information to the examining physician: ( i) A copy of this standard and appendices; ( ii) A description of the affected employee's former, current and anticipated future duties as they relate to the employee's glycol ethers exposure. ( iii) The employee's former or current occupational representative exposure level or anticipated exposure level;

( iv) A description of any personal protective equipment and respiratory protection used or to be used by the employee; and ( v) Information from previous medical examinations of the affected employee within the control of the employer ( 6) Physician's written opinion. ( i) The employer shall obtain a written signed opinion from the examining physician. This written opinion shall contain the results of the medical examination except that it shall not reveal specific findings or diagnoses unrelated to occupational exposure to glycol ethers. The written opinion shall include:

( A) The physician's opinion as to whether the employee has any medical condition that would place the employee at an increased risk of material impairment of health from exposure to glycol ethers or from use of a respirator ( B) The results of any testing or related evaluation concerning glycol ethers exposure carried out as part of the examination ( C) The physician's opinion as to whether the employee is exhibiting symptoms and/ or signs from overexposure to glycol ethers ( D) The physician's opinion as to whether there is a need to reevaluate the effectiveness of the respirator used by the employee ( E) Any recommended limitations on the employee's exposure to glycol ethers or upon the use of personal protective equipment, including respirators ( F) A statement that the employee has been informed by the physician of any medical conditions which would be aggravated by exposure to glycol ethers, whether these conditions may have resulted from past glycol ethers exposure, and whether there is a need for further evaluation or treatment ( ii) The employer shall provide a copy of the physician's written opinion to the affected employee within 15 days of its receipt ( m) Communication of glycol ethers hazards to employees  ( 1) Signs. The employer shall post signs at all entry and accessways to regulated areas that appropriately warn of existing hazards and which bear, at a minimum, the following legend:

DANGER GLYCOL ETHERS [ Specific chemical name( s)]

BLOOD AND REPRODUCTIVE HAZARD EYE AND RESPIRATORY SYSTEM IRRITANT AVOID INHALATION AND SKIN/ EYE CONTACT AUTHORIZED PERSONNEL ONLY RESPIRATORY PROTECTION REQUIRED [ Any other appropriate warnings  e. g., " Flammable  No Smoking, Sparks, or Open Flame"]

( 2) Labels. The employer shall assure that shipping and storage containers containing glycol ethers or glycol ethers contaminated materials bear an appropriate warning label, which complies with the requirements of the Hazard Communication Standard, 29 CFR 1910.1200 ( f) of the General Industry Standards. At a minimum, these labels shall include the following legend:

DANGER CONTAINS GLYCOL ETHERS [ Specific chemical name( s)]

BLOOD AND REPRODUCTIVE HAZARD EYE AND RESPIRATORY SYSTEM IRRITANT AVOID INHALATION AND SKIN/ EYE CONTACT [ Any other appropriate warnings  e. g. " Flammable  Keep away from heat, sparks, and open flame "]

( 3) Material safety data sheets. Employers who are manufacturers or importers of glycol ethers or glycol ethers containing compounds shall comply with the requirements regarding development, updating, and distribution of material safety data sheets specified in 29 CFR 1910.1200( g) of OSHA's Hazard Communication Standard. All employers with employees potentially exposed to glycol ethers shall maintain material safety data sheets and provide their employees with access to them, in accordance with the requirements of 29 CFR 1910.1200( g)

( 4) Employee information and training. ( i) Employers who have a workplace or work operation covered by this section shall provide employees who are potentially exposed to glycol ethers with information and training in accordance with the requirements of the Hazard Communication Standard, 29 CFR 1910.1200( h) of the General Industry Standards ( ii) The employer shall institute a training program for all employees who are potentially exposed to glycol ethers, assure each employee's participation in the program, maintain a record of this participation, and maintain a record of the contents of such program ( iii) Training shall be provided, at no cost to the employee, prior to or at the time of initial assignment to a job involving potential exposure to glycol ethers, at least annually thereafter, and whenever a new hazard from glycol ethers is introduced into their work area ( iv) The employer shall conduct the training program in a manner that the employee is able to understand. The employer shall assure that each employee is informed of at least the following:

( A) The health hazards associated with glycol ethers exposure with special attention to the information in Appendix A of this section;

( B) The quantity, location, manner of use, release, and storage of glycol ethers at the worksite and the specific nature of operations that could result in exposure to glycol ethers, especially exposures above the TWAs or ELs;

( C) An explanation of the importance of engineering and work practice controls for employee protection and necessary instruction in the use of these controls;

( D) The measures employees can take to protect themselves from exposure to glycol ethers, such as diligent personal hygiene and proper use of personal protective equipment, and specific procedures the employer has implemented to protect employees against exposure, including appropriate work practices, emergency procedures, and personal protective equipment ( E) The details of the hazard communication program developed by the employer, including an explanation of the signs, labeling system, and material safety data sheets and how employees can obtain and use the appropriate hazard information;

( F) The purpose, proper selection, fitting, proper use, and limitations of respiratory protection and personal protective clothing and eyewear;

( G) The purpose and description of the medical surveillance program [ page 15621]

required by paragraph ( l) of this section including the right of any employee exposed to glycol ethers at or above the AL or above the EL to obtain: ( 1) Medical examinations as required by paragraph ( l) of this section at no cost to the employee;

( 2) The employee's medical records required to be maintained by paragraph ( n)( 2) of this section;

( 3) All air monitoring results representing the employee's exposure to glycol ethers and required to be kept by paragraph ( n)( 1) of this section ( H) A copy of this standard and its appendices with a discussion of its contents;

( I) Instructions for the handling of spills and cleanup procedures;

( J) A review of emergency procedures including the specific duties or assignments of each employee in the event of an emergency;

( n) Recordkeeping  ( 1) Exposure measurements. ( i) The employer shall establish and maintain an accurate record of all measurements required by paragraph ( d) of this section, in accordance with 29 CFR 1910.20. ( ii) This record shall include at least the following:

( A) The name, social security number, and job classification of the employee( s) monitored and all other employees whose exposure the measurement is intended to represent;

( B) The dates of monitoring, sample identification number, sampling duration, time of day, and exposure monitoring results of each of the samples taken, including a description of the procedure used to determine representative employee exposures. Exposure monitoring results shall be expressed, at a minimum, as either an 8 hour timeweighted average ( TWA) or a 15 minute excursion limit ( EL), whichever is applicable; ( C) The operation( s) covered by the monitoring;

( D) The sampling and analytical methods used and evidence of their accuracy; ( E) The type of respiratory protective devices worn, if any;

and ( F) Any other conditions that might have affected the employee monitoring results ( iii) The employer shall maintain a record of the objective data relied upon to support the determination that no employee is exposed to glycol ethers at or above the action level or EL whenever the employer has used objective data to determine that no monitoring is required under this section ( iv) The employer shall maintain this record for at least the duration of employment plus 30 years in accordance with 29 CFR 1910.20 ( 2) Medical surveillance. ( i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by paragraph ( l) of this section, in accordance with 29 CFR 1910.20 ( ii) This record shall include at least the following information: ( A) The name and social security number of the employee;

( B) The physician's written opinions from the initial, periodic and additional examinations;

( C) Any employee medical complaints related to exposure to glycol ethers ( D) A copy of the information provided by the employer to the physician as required by paragraph ( l)( 5)( ii)( l)( 5)( v) of this section;

( E) A copy of the medical and reproductive histories, medical questionnaire responses, and the results of any medical tests required by the standard or mandated by the examining physician ( iii) The employer shall assure that this record is maintained for at least the duration of employment plus 30 years, in accordance with 29 CFR 1910.20 ( 3) Training. The employer shall maintain all employee training records for one( 1) year beyond the last date of employment of that employee ( 4) Availability. ( i) The employer shall assure that all records required to be maintained by this section shall be made available upon request to the Assistant Secretary and the Director for examination and copying ( ii) The employer shall provide upon request for examination and copying, all employee exposure monitoring records required to be maintained by paragraph ( n)( 1) of this section to affected employees, former employees, and designated representatives in accordance with 29 CFR 1910.20 ( a)( e) and ( g)( i)

( iii) The employer shall provide upon request for examination and copying, all employee medical records required to be maintained by paragraph ( n)( 2) of this section to the subject employee and to anyone having the specific written consent of the subject employee in accordance with 29 CFR 1910.20 ( 5) Transfer of records. If the employer ceases to do business, the employer shall comply with the requirements involving transfer of records set forth in 29 CFR 1910.20 ( h)

( o) Dates  ( 1) Effective date. This section shall become effective [ 60 days after publication of the final rule]. All obligations under this section commence on the Effective Date ( ED), except as follows: ( 2) Start up dates ( i) Exposure monitoring. Initial monitoring required by paragraph ( d) of this section shall be completed as soon as possible and in any event not later than [ 90 days after the Effective Date of this section]

( ii) Training. Training required by paragraph ( m)( 4) of this section shall be completed as soon as possible and in any event not later than [ 90 days after the Effective Date of this section]

( iii) Regulated areas. Regulated areas required to be established by paragraph ( e) of this section shall be set up as soon as possible after the results of exposure monitoring are known and in any event not later than [ 120 days after the Effective Date of this section]

( iv) Respiratory protection. Respiratory protection required by paragraph ( g) of this section shall be provided as soon as possible and in any event not later than [ 120 days after the Effective Date of this section]

( v) Medical surveillance. Medical surveillance required by paragraph ( l) of this section shall be completed as soon as possible or in any event not later than [ 120 days after the Effective Date of this section]

( vi) Emergency Plan. The emergency plan required by paragraph ( k) of this section shall be completed as soon as possible and in any event not later than [ 180 days after the Effective Date of this section]

( vii) Compliance program. The written compliance program required by paragraph ( f)( 5) of this section shall be completed and available for inspection and copying as soon as possible and in any event not later than [ 1 year after the Effective Date of this section]

( viii) Showers and eyewashes. Showers and eyewashes required by paragraph ( i) of this section shall be installed and usable as soon as possible and in any event not later than [ 1 year after the Effective Date of this section]

( iv) Methods of Compliance. Engineering controls required by this standard shall be implemented as soon as possible, but no later than [ 2 years after the Effective Date of this section]. Work practices shall be implemented as soon as possible. Work practice controls that are directly related to engineering controls being installed in accordance with the compliance plan shall be implemented as soon as these engineering controls are functional ( p) Appendices. The information contained in Appendices A, B, C, D and [ page 15622]

E is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from existing regulations. The protocols on respiratory fit testing in Appendix F are incorporated as part of this section and are mandatory APPENDIX A  Substance Safety Data Sheet for Glycol Ethers I. Substance Identification A. Substance: Glycol Ethers ( 2 Methoxyethanol,

2 Methoxyethanol acetate, 2 Ethoxyethanol and 2 Ethoxyethanol acetate).

B. Permissible Exposure:

1. Airborne:

A. 8 Hour Time Weighted Average ( TWA PEL):

2 ME: 0.1 ppm 2 MEA: 0.1 ppm 2 EE: 0.5 ppm 2 EEA: 0.5 ppm B. Excursion Limit ( EL) 15 Minute:

2 ME: 0.5 ppm 2 MEA: O. 5 ppm 2 EE: 2.5 ppm 2 EEA: 2.5 ppm 2. Dermal: Contact wiyh eyes or skin should be eliminated II. Health Hazard Data A. Glycol ethers can affect your body if you inhale the vapor ( breathing), if it comes into contact with your eyes or skin, or if you swallow it B. Effects of over exposure:

1. Short term exposure: Glycol ethers can cause eye and upper respiratory tract irritation. In addition they can be mildly irritating to skin. Ingestion of large doses of glycol ethers may cause vomiting or lead to death. Systemic effects from short term high exposures may include lung, kidney and brain damage 2. Long term exposure: Repeated or prolonged exposure to glycol ethers may cause kidney, liver and lung damage as well as central nervous system depression and anemia. Glycol ethers have also been shown to cause testicular degeneration, reduced sperm counts, fetal with and malformations, and adverse hematologic effects in several animal species 3. Reporting Signs and Symptoms: You should inform your employer if you develop any signs or symptoms and suspect they are caused by glycol ethers III. Emergency First Aid Procedures A. Eye exposure: If glycol ethers get into your eyes, wash immediately with large amounts of water, lifting the lower and upper lids occasionally. If irritation is present after washing, get medical attention. Contact lenses should not be worn when working with glycol ethers B. Skin exposure: If glycol ethers get on the skin, promptly wash the contaminated skin with water. If glycol ethers soak through your clothing, remove the clothing and wash the skin with water. If irritation persists after washing, get medical attention. Wash the clothing thoroughly before reusing C. Inhalation: If a person breaths in large amounts of glycol ethers, move the exposed person to fresh air at once. If breathing has stopped perform artificial respiration. Keep the affected person warm and at rest. Get medical attention as soon as possible D. Swallowing: When glycol ethers have been swallowed, get medical attention immediately. If medical attention is not immediately available, get the afflicted person to vomit by having him touch the back of his throat with his finger or by giving him syrup of ipecac as directed on the package. This non prescription drug is available at most drug stores and drug counters and should be kept with emergency medical supplies in the workplace. Do not make an unconscious person vomit E. Rescue: Move the effected person from the hazardous exposure. If the exposed person has been overcome, notify someone else and put into effect the established emergency rescue procedures. Do not become a casualty. Understand the facility's emergency rescue procedures and know the locations of rescue equipment before the need arises IV. Protective Clothing and Equipment A. Respirators: Respirators are required for those operations in which engineering controls or work practice controls are not feasible to reduce exposure to the permissible level. If respirators are worn, they must have joint Mine Safety and Health Administration and the National Institute for Occupational Safety and Health ( NIOSH) seal of approval. For effective protection, respirators must fit the face and head snugly. Respirators should not be loosened or removed in work situations where their use is required. Glycol ethers do not have detectable odors except at levels above permissible levels. Do not depend on odor to warn you when a respirator is malfunctioning If you experience difficulty breathing while wearing a respirator, tell your employer. You must be thoroughly trained to use the assigned respirator, and the training will be provided, at no cost to you, by your employer B. Protective Clothing: You must wear impervious clothing, gloves, face shield, or other appropriate protective clothing to prevent skin contact with liquid glycol ethers. Wherever protective clothing is required, your employer is required to provide, at no cost, clean garments to you as necessary to assure that the clothing protects you from dermal exposure to glycol ethers C. Eye Protection: You must wear splashproof goggles in areas where liquid glycol ethers may contact your eyes. In addition, contact lenses should not be worn in areas where eye contact with glycol ethers can occur V. Medical Requirements:

If you are will be exposed to glycol ethers at or above the action level, [ 0.05 ppm( 2 ME/ 2 MEA) or 0.25 ppm ( 2 EE/ 2 EEA) as an 8 hour time weighted average], or above 0.5 ppm( 2 ME/ 2 MEA) or 2.5 ppm( 2 EE/ 2 EEA) as a 15 minute excursion limit, your employer is required to provide a medical examination and history and laboratory tests within 90 days of the effective date of this standard or before the time of assignment to an area at or above the action level or above the excursion limit, which ever comes later and annually thereafter. These tests shall be provided without cost to you. In addition, if you are accidentally exposed to glycol ethers ( either by ingestion, inhalation, or skin/ eye contact) under conditions known or suspected to constitute toxic exposure to glycol ethers, your employer is required to make a medical examination available to you VI. Observation of Monitoring Your employer is required to make measurements that are representative of your exposure to glycol ethers and you or your designated representative are entitled to observe the steps taken in the measurements procedure, and to record the results obtained. When the monitoring procedure is in an area where respirators or personal protective clothing must be worn you or your representative must also be provided with, and must wear the protective clothing and equipment VII. Access to Records You or your representative are entitled to see the records of measurements of your exposure to glycol ethers upon written request to your employer. Your medical examination records can be furnished to your physician or designated representative upon request by you to your employer VIII. Precautions for Safe Use, Handling and Storage Glycol ether liquids are flammable. They should be stored in closed containers in cool, well ventilated areas. Non sparking tools must be used to open and close containers. Glycol ethers vapors may form explosive mixtures in air. All sources of ignition must be controlled. Fire extinguisher, where provided, must be readily available. Know where they are located and how to operate them. Ask your supervisor where glycol ethers are used in your work area and for additional plant safety rules APPENDIX B  Substance Technical Guidelines for Glycol Ethers I. 2 Methoxyethanol A. Physical and Chemical Data 1. Substance Identification Chemical name: 2 Methoxyethanol Formula: CH3OCH2CH2OH Molecular Weight: 76 Chemical Abstracts Service ( CAS) NO.: 109 86 4 Synonyms: Methyl Cellosolve; Ethylene glycol monomethyl ether; methyl oxitol; Ektasolve; Jeffersol EM 2. Physical data Boiling point ( 760 mm Hg): 124.* c Freezing point:  85.1* c Specific Gravity ( H20= 1 @ 20* c): 0.9663 Vapor Pressure ( 20* c): 6 mm Hg Vapor Density ( air = 1 @ 20* c): 2.6 Solubility in H20 (% by wt @ 20* c): miscible in all proportions.

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Appearance and Odor: colorless liquid with a mild, pleasant odor B. Fire, Explosion and Reactivity Data 1. Fire Flammable limits in air (% by volume): Lower: 2.3 Upper: 24.5 Flash point: 39* C ( closed cup) Extinguishing media: Dry chemical, alcohol foam, carbon dioxide Fire and Explosion Hazards: Moderate fire hazard when exposed to heat or flame. Forms explosive peroxides in air. Vapors are heavier than air and may travel a considerable distance to source of ignition and flash back 2. Reactivity Conditions contributing to instability: Heat Incompatibilities: Strong oxidizing agents, strong caustics Hazardous decomposition products: Thermal decomposition products may include toxic oxides of carbon C. Spill, Leak and Disposal Procedures 1. Steps to be taken if the material is released or spilled. Remove all ignition sources and ventilate the area of spill or leak. Stop leak if you can do it without risk. Use water to reduce vapors. For small quantities, absorb on paper towels and evaporate in a safe place ( such as a fume hood). Burn the paper in a suitable location away from combustible materials. Large quantities may be collected and atomized in a suitable combustion chamber.

2. Disposal. 2 ME may be disposed of by atomizing in a suitable combustion chamber II. 2 Methoxyethanol acetate A. Physical and Chemical Data 1. Substance Identification Chemical name: 2 Methoxyethanol acetate Formula: CH3C00CH2CH2OCH3 Molecular Weight: 118.13 CAS No. 110 49 6 Synonyms: Methyl Cellosolve acetate, ethylene glycol monomethyl ether acetate,

2. Physical data Boiling point:: 144* c Freezing point:  70* c Specific Gravity ( H20 = 1 @ 20* c): 1.01 Vapor Pressure ( 20* c): 2 mm Hg Vapor Density ( air = 1 @ 20* c): 4.1 Solubility in H20 (% by wt @ 20* c): completely miscible Appearance and Odor: Colorless liquid with mild, ether like odor B. Fire, Explosion and Reactivity Data 1. Fire Flammable limits in air (% by volume): Lower: 1.7 Upper: 8.2 Flash point: 44* c ( closed cup) Extinguishing media: Dry chemical, alcohol foam, carbon dioxide Fire and Explosion Hazards: Moderate fire hazard when exposed to heat or flame.