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OSHA 1910.1044

DBCP scope and definitions

Subpart Z

44 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.1044(a)(1), what workplaces and exposures does the DBCP standard cover?

This standard applies to occupational exposure to 1,2-dibromo-3-chloropropane (DBCP) in the workplace. Employers must follow the requirements of 1910.1044(a)(1) whenever employees may be exposed to DBCP on the job.

Under 1910.1044(a)(2), when is the DBCP standard NOT applicable?

The DBCP standard does not apply when exposure results solely from using DBCP as a pesticide or when DBCP is stored, transported, distributed, or sold in intact sealed containers that prevent exposure—except for certain limited requirements. See 1910.1044(a)(2)(i) and 1910.1044(a)(2)(ii) for these exemptions and the noted exceptions for paragraphs (i), (n) and (o).

Under 1910.1044(b), who is an "authorized person" in a DBCP regulated area?

An authorized person is anyone required by their job duties to be in a regulated area and who is authorized by the employer, the DBCP standard, or the Act. The definition also explicitly includes employee representatives who are observing exposure monitoring. See 1910.1044(b).

Under 1910.1044(b), how is "DBCP" defined for compliance purposes?

DBCP is defined as 1,2-dibromo-3-chloropropane, CAS Registry Number 96-12-8, and the definition covers all forms of DBCP. See the definition in 1910.1044(b).

Under 1910.1044(c), what is the permissible exposure limit (PEL) for inhalation and for skin/eye contact?

The inhalation PEL is 1 part DBCP per billion parts of air (1 ppb) as an 8‑hour time-weighted average, and the employer must prevent any eye or skin contact with DBCP. See 1910.1044(c)(1) and 1910.1044(c)(2).

Under 1910.1044(e), when must an employer establish a regulated area for DBCP?

The employer must establish a regulated area wherever DBCP concentrations exceed the PEL. Access to those areas must be limited to authorized persons only. See 1910.1044(e)(1) and 1910.1044(e)(2).

Under 1910.1044(f)(1), how should airborne DBCP exposure be measured for each employee?

Air samples must be representative of each employee's exposure over an 8‑hour period, and exposure must be assessed as if the employee were not wearing a respirator. See 1910.1044(f)(1)(i) and 1910.1044(f)(1)(ii).

Under 1910.1044(f)(2) and (f)(3), when must employers perform initial and routine monitoring for DBCP?

Employers must initially monitor each workplace and work operation where DBCP is present to determine airborne concentrations, and they must repeat monitoring at least every 6 months when exposures are at or below the PEL, or at least quarterly for employees whose exposures exceed the PEL. See 1910.1044(f)(2) and 1910.1044(f)(3).

Under 1910.1044(f)(4), when does quarterly monitoring stop and the employer return to 6‑month monitoring?

Quarterly monitoring must continue until the employer obtains at least two consecutive measurements, taken at least seven days apart, that are at or below the PEL; after that the employer may monitor at least every 6 months. See 1910.1044(f)(4).

Under 1910.1044(f)(4), when must employers re-monitor after changes in operations or controls?

Employers must perform additional monitoring whenever a production, process, control, or personnel change—or any reason to suspect new or additional exposures—may result in new or increased DBCP exposure, to re-determine affected employees' exposures. See 1910.1044(f)(4).

Under 1910.1044(f)(5), how and when must employees be notified of monitoring results?

The employer must notify each employee of monitoring results within 15 working days after receiving them, either individually in writing or by posting the results where employees can access them; if the PEL was exceeded the notice must say so and describe corrective actions being taken. See 1910.1044(f)(5)(i) and 1910.1044(f)(5)(ii).

Under 1910.1044(g) and (f)(6), what accuracy is required for DBCP measurement methods?

Measurement methods must have an accuracy, at a 95% confidence level, of not less than ±25% for concentrations of DBCP at or above the PEL. See the accuracy requirement at 1910.1044(g).

Under 1910.1044(g)(1), what is the employer's priority for reducing DBCP exposures?

Employers must first institute feasible engineering and work-practice controls to reduce and maintain DBCP exposures at or below the PEL; where such controls are infeasible or not sufficient, the employer must still use them to reduce exposure to the lowest achievable level and supplement with respiratory protection as needed. See 1910.1044(g)(1).

Under 1910.1044(g)(2), what must be included in the written compliance program for DBCP controls?

The employer must have a written program that relies on engineering and work-practice controls to reduce exposures to or below the PEL and include a detailed schedule for developing and implementing those controls; the plans must be revised at least annually. See 1910.1044(g)(2)(i) and 1910.1044(g)(2)(ii).

Under 1910.1044(g)(2)(iii)-(iv), who can inspect the written compliance program and what controls must the employer maintain?

Written compliance plans must be available at the worksite and submitted upon request to the Assistant Secretary and the Director; the employer must institute and maintain at least the controls described in the most recent written program. See 1910.1044(g)(2)(iii) and 1910.1044(g)(2)(iv).

Under 1910.1044(h)(1)-(2), when must respirators be provided and what program must the employer implement?

Respirators must be provided for employees during periods needed to install controls, for maintenance and repair when controls are not feasible, for work operations where controls are not yet sufficient to meet the PEL, and for emergencies; the employer must implement a respiratory protection program meeting 1910.134(b)–(d) and (f)–(m) as required by 1910.1044(h)(2) and 1910.1044(h)(1).

Under 1910.1044(h)(3), what respirators must be selected for DBCP exposures and for entry/escape from unknown concentrations?

Employers must select the atmosphere-supplying respirator specified in 1910.134(d)(3)(i)(A), and for entry into or escape from unknown DBCP concentrations must provide either (A) a combination supplied-air respirator with full facepiece operated in a pressure-demand or other positive-pressure or continuous-flow mode plus an auxiliary pressure-demand or positive-pressure SCBA, or (B) an SCBA with a full facepiece operated in a pressure-demand or positive-pressure mode. See 1910.1044(h)(3)(i) and 1910.1044(h)(3)(ii).

Under 1910.1044(i), what emergency planning and actions are required when DBCP is present?

A written emergency plan must be developed for each workplace with DBCP, appropriate parts of the plan must be implemented during an emergency, employees correcting emergencies must be equipped as required by paragraphs (h) and (j), non‑involved employees must be removed, normal operations may not resume until abatement, and a general alarm is required where there is the possibility of exposure. See 1910.1044(i)(1), 1910.1044(i)(2), 1910.1044(i)(3), and 1910.1044(i)(4).

Under 1910.1044(i)(5) and 1910.1044(m)(6), when must medical surveillance be provided after a DBCP emergency?

Any employee exposed to DBCP in an emergency must be provided medical surveillance in accordance with 1910.1044(m)(6), as required by 1910.1044(i)(5).

Under 1910.1044(i)(6), what exposure monitoring is required after an emergency?

Following an emergency, the employer must conduct monitoring that complies with the exposure monitoring requirements in paragraph (f); in workplaces not normally subject to periodic monitoring, monitoring may be terminated when two consecutive measurements are below the PEL. See 1910.1044(i)(6)(i) and 1910.1044(i)(6)(ii).

Under 1910.1044(j)(1), what protective clothing and eye protection must employers provide when dermal or eye contact with DBCP is possible?

The employer must provide, at no cost, impermeable protective clothing and equipment to protect body areas that may contact DBCP, and eye/face protection must meet the requirements of 1910.133. See 1910.1044(j)(1).

Under 1910.1044(j)(2), what rules govern removal, storage, and labeling of DBCP‑contaminated clothing and protective devices?

Employees must remove contaminated work clothing only in change rooms meeting 1910.1044(l)(1); contaminated protective clothing must be promptly removed, not reworn until decontaminated, stored in closed containers that prevent dispersion, and containers taken out for laundering/maintenance/disposal must bear the label: "CONTAMINATED WITH 1,2-Dibromo-3-chloropropane (DBCP), MAY CAUSE CANCER." See 1910.1044(j)(2)(i)-(v).

Under 1910.1044(j)(3), what are employers' responsibilities for cleaning, laundering, and informing laundry personnel about DBCP contamination?

Employers must clean, launder, repair, or replace required protective clothing to maintain effectiveness, provide clean protective clothing at least daily to affected employees, inform anyone who launders DBCP‑contaminated items of the hazards, and prohibit removal of DBCP from garments by blowing or shaking. See 1910.1044(j)(3) and the daily provisioning requirement in the same paragraph.

Under 1910.1044(k), what housekeeping practices are required where DBCP dusts or liquids are present?

All workplace surfaces must be kept free of visible DBCP accumulations; dry sweeping and compressed-air cleaning are prohibited where DBCP dusts or liquids are present. If vacuuming is used, the exhaust must be attached to the general exhaust or collected within the vacuum with HEPA or equivalent filters so DBCP is not reintroduced. See 1910.1044(k)(1) and 1910.1044(k)(1)(iii).

Under 1910.1044(k)(1)(iii)(a)-(b) and 1910.1044(j)(2)(v), what special controls apply to portable vacuum units used to collect DBCP?

Portable vacuum units used for DBCP must have their exhaust attached to the general workplace exhaust or collect DBCP within the unit using high-efficiency filters or other effective removal methods so DBCP is not reintroduced; such units may not be used for other cleaning tasks and must be labeled per [1910.1044(j)(2)(v)]. See 1910.1044(k)(1)(iii)(a), 1910.1044(k)(1)(iii)(b), and 1910.1044(j)(2)(v).

Under 1910.1044(a)(2)(ii), are there any DBCP requirements that still apply to sealed containers during storage or transportation?

Yes—while normal storage, transportation, distribution, or sale of DBCP in intact sealed containers is exempt from most requirements, paragraphs (i) (emergencies), (n), and (o) still apply; see 1910.1044(a)(2)(ii) and the emergency provisions at 1910.1044(i).

Under 1910.1044, what obligations does an employer have to keep employees informed and records accessible regarding DBCP compliance programs?

Employers must keep written compliance programs available at the worksite for examination and copying by the Assistant Secretary, the Director, affected employees, or their designated representatives, and update those programs at least annually; monitoring results must be provided to employees within 15 working days. See 1910.1044(g)(2)(iii) and 1910.1044(f)(5)(i).

Under 1910.1044(k)(1)(iv), how must floors contaminated with DBCP dusts be cleaned?

You must not wash down DBCP-contaminated floors with a hose unless you first lay down a fine spray.

Under 1910.1044(k)(2), how should containers holding liquid DBCP be managed when not in use?

Containers or vessels with DBCP in liquid or vapor form must be enclosed to the maximum extent feasible and kept tightly covered when not in use.

  • This minimizes release of DBCP vapors to the workplace. See 1910.1044(k)(2).

What are the OSHA requirements for disposing of DBCP-contaminated waste under 1910.1044(k)(3)?

DBCP waste (scrap, debris, containers, or equipment) must be placed in sealed bags or other closed containers that prevent dispersion outside the container.

  • Use containers that remain closed during storage, transport, and until proper disposal. See 1910.1044(k)(3).

Under 1910.1044(l)(1), when must an employer provide change rooms and how should they be equipped?

The employer must provide clean change rooms with storage for street clothes and separate storage for protective clothing and equipment whenever employees are required to wear protective clothing under paragraphs (h) and (j).

  • Ensure separation so street clothes are not contaminated by protective gear. See 1910.1044(l)(1).

According to 1910.1044(l)(2), when must employees working in regulated areas shower?

Employees working in the regulated area must shower at the end of the work shift, and must immediately wash or shower if their skin becomes contaminated with DBCP liquids or solids.

What ventilation and accessibility requirements apply to lunchrooms used by employees working in DBCP regulated areas under 1910.1044(l)(3)?

Lunchroom facilities for employees in regulated areas must have a temperature-controlled, positive-pressure, filtered air supply and be readily accessible.

Under 1910.1044(l)(4), what must employees do before eating when they have been working in a DBCP regulated area?

Employees working in the regulated area must remove protective clothing and wash their hands and face prior to eating.

What activities are prohibited in DBCP regulated areas under 1910.1044(l)(5)?

In regulated areas, employers must ensure no food or beverages are present or consumed, smoking products are not present or used, and cosmetics are not present or applied.

  • These prohibitions reduce the risk of ingestion or dermal exposure. See 1910.1044(l)(5).

Who must be provided medical surveillance under 1910.1044(m)(1)(i)?

The employer must make medical surveillance available to employees who work in regulated areas and to employees exposed to DBCP in an emergency.

  • All exams and procedures must be performed by or under the supervision of a licensed physician and provided at no cost to the employee per 1910.1044(m)(1)(ii). See 1910.1044(m)(1)(i).

What tests and exams are required at initial assignment and annually under 1910.1044(m)(2)?

Employers must provide, at initial assignment and annually thereafter, a medical and occupational history (including reproductive history); a physical exam including genitourinary exam and sperm count; and serum tests for FSH, LH, and total estrogen (females) by radioimmunoassay or equivalent.

What information must an employer provide to the examining physician under 1910.1044(m)(4)?

The employer must give the physician a copy of the DBCP regulation and appendices, a description of the employee's duties related to exposure, the level of DBCP exposure, and a description of PPE used or to be used.

Under 1910.1044(m)(5), what must the physician's written opinion contain and what must it exclude?

The physician's written opinion must include test results, whether the employee has any detected condition that increases risk from DBCP exposure, and any recommended exposure limitations or PPE restrictions.

  • The employer must instruct the physician not to reveal specific findings or diagnoses unrelated to occupational exposure in the written opinion. See 1910.1044(m)(5)(i)–(ii).

What medical testing is required after an employee is exposed to DBCP in an emergency under 1910.1044(n)(1) and (n)(2) (and related paragraphs)?

After emergency exposure, the employer must provide a sperm count as soon as practicable (or hormone tests if the employee cannot provide semen), and repeat those tests three months later.

What training and information must employers provide to employees who may be exposed to DBCP under 1910.1044(n)?

Employers must train each employee who may be exposed to DBCP and ensure participation in a program that informs employees of the Appendix A information, quantity/location/manner of use and operations that could result in exposure, respirator purpose/limitations, the medical surveillance program, and a review of the standard and appendices.

What hazard communication and signage are required for DBCP under 1910.1044(o)?

Employers must include DBCP in their Hazard Communication program under 1910.1200, ensure employees have access to labels and safety data sheets, address specified hazards (cancer, reproductive, liver, kidney, CNS, irritation, acute toxicity), and post regulated-area signs with the required legend.

What records must employers keep for DBCP exposure monitoring and medical surveillance and for how long under 1910.1044(p)?

Employers must keep accurate records of all required monitoring (dates, number, duration, results, sampling procedures/methods, respirator type, employee names/job classifications) and medical surveillance records (employee name, physician's written opinion, medical complaints, information given to physician, medical/work history).

Under 1910.1044(q), can employees or their representatives observe exposure monitoring, and what procedures apply?

Yes; affected employees or their designated representatives must be given an opportunity to observe any required monitoring. Observers are entitled to an explanation of procedures, to watch the sampling steps at the place of exposure, and to record results.

  • If observation requires entry into areas where PPE is required, the employer must provide and ensure use of the appropriate PPE and other safety procedures. See 1910.1044(q)(1)–(2).