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OSHA 1990.151

Model carcinogen standard scope

50 Questions & Answers
10 Interpretations

Questions & Answers

Under 1990.151(a)(1), what workplaces and exposures does the model carcinogen standard cover?

This model standard applies to all occupational exposures to the chemical or uses identified in the standard unless an exemption applies. See 1990.151(a)(1) and the Part overview at 1990 for the general scope language. Employers should read the specific substance insert (CASRN and scoped uses) in the final standard to know exactly which work activities and forms of the substance are covered.

Under 1990.151(a)(2), what kinds of uses or workplaces can be exempted from the model carcinogen standard?

The model standard allows specific exemptions such as workplaces where the substance is present only in solid or liquid mixtures below a specified percentage, workplaces regulated by another Federal agency, or workplaces covered by a separate standard. See the exemption options in 1990.151(a)(2) and the subparts for examples at 1990.151(a)(2)(i), 1990.151(a)(2)(ii), and 1990.151(a)(2)(iii). Employers must confirm whether their specific use fits a listed exemption — the exemption language must be filled in the final standard to be effective.

Under 1990.151(b), what is an "action level" and how is it used in this standard?

An "action level" is a set airborne concentration of the carcinogen used to trigger certain requirements such as periodic monitoring, medical surveillance, and training. See the definition and note in 1990.151(b). Employers typically use the action level to determine when to increase monitoring frequency, start medical surveillance, or expand training and labeling obligations as described throughout the standard.

Under 1990.151(c)(1)(i), what does the model standard require about time-weighted average (TWA) exposure limits?

The employer must ensure employees are not exposed above the specified eight-hour time-weighted average (TWA) permissible exposure limit within the timeframe set in the standard. See the TWA requirement in 1990.151(c)(1)(i) and the overall permissible exposure provisions at 1990.151(c). Employers must implement controls and monitoring so full-shift exposures do not exceed the TWA.

Under 1990.151(c)(1)(ii), when does the model standard use a ceiling limit and how must employers comply?

If a ceiling limit is included, the employer must ensure employee exposures never exceed the specified ceiling averaged over the indicated short period during the workday. See 1990.151(c)(1)(ii) for the ceiling concept and 1990.151(c) for context. Employers must measure short-term exposures using appropriate sampling methods and take immediate corrective action if the ceiling is exceeded.

Under 1990.151(c)(2), what does the model standard require about dermal and eye exposures?

The model standard requires employers to address dermal and eye exposure risks by specifying limits or criteria appropriate to whether skin or eye contact creates a cancer risk or other adverse effects. See 1990.151(c)(2) and its subsections 1990.151(c)(2)(i) and 1990.151(c)(2)(ii). Employers must implement controls, PPE, or housekeeping measures to prevent harmful skin or eye contact consistent with the criteria the final standard inserts.

Under 1990.151(d)(1), what employer reporting is required when a carcinogen is present at a workplace?

Employers must report the address and location of each workplace where the carcinogen is present and estimate the number of employees exposed to the OSHA Area Office within the timeframe set in the standard or within 30 days after introducing the substance. See 1990.151(d)(1) for the notification requirement and 1990.151(d) for the section context. Employers should maintain records of these reports and follow any additional submission rules the final rule provides.

Under 1990.151(d)(2), what must an employer do if there is an emergency involving the carcinogen?

The employer must report emergencies and available facts to the OSHA Area Office within the number of hours specified in the standard or by the first federal working day after becoming aware of the emergency, whichever is longer. See the emergency reporting requirement at 1990.151(d)(2) and the general notification section at 1990.151(d). Employers should also be prepared to submit additional written information upon request, as described in the following paragraph of the standard.

Under 1990.151(e)(1)(i), how must employers perform airborne exposure monitoring?

Airborne exposures must be determined from air samples that are representative of each employee's exposure over an eight-hour period (or another practical full-shift period), using the monitoring methods specified in the standard. See the monitoring general rule at 1990.151(e)(1)(i) and the broader monitoring section at 1990.151(e). Employers must choose validated sampling and analytical methods that reasonably represent full-shift exposures.

Under 1990.151(e)(1)(ii), how is "employee exposure" defined when respirators are used?

For monitoring purposes, employee exposure is defined as the exposure that would occur if the employee were not using a respirator. See 1990.151(e)(1)(ii) and the monitoring provisions at 1990.151(e). This means employers must measure the ambient level of the carcinogen and not rely on respirator use to show compliance with PELs when determining employee exposure for the standard's monitoring and action-level triggers.

Under 1990.151(e)(2) and (e)(3), what are employers' duties for initial and routine monitoring frequency?

Employers must perform initial monitoring for workplaces and operations specified in the standard within the time period designated, and then repeat monitoring at whatever minimum frequency the standard prescribes, increasing frequency when conditions change or exposures rise. See 1990.151(e)(2) for initial monitoring and 1990.151(e)(3) for frequency considerations. The model allows the final standard to set different frequencies by industry and to discontinue routine monitoring when action levels are not exceeded, so employers must follow the frequency details the final rule specifies.

Under 1990.151(e)(4), when must employers perform additional monitoring beyond routine schedules?

Employers must conduct additional monitoring when production, process, control, or personnel changes could increase exposure, or whenever there is reason to suspect exposures have changed (for example, after control failures). See 1990.151(e)(4) and the general monitoring rules at 1990.151(e). Additional monitoring is also appropriate after incidents, new equipment, or process modifications that might affect airborne concentrations.

Under 1990.151(e)(5) and (e)(5)(ii), what information must employers give employees about monitoring results?

Employers must notify each employee in writing of their monitoring results within the period specified in the standard, and if results show exposures exceed permissible limits, the notice must state that the limits were exceeded and describe corrective actions being taken. See 1990.151(e)(5) and 1990.151(e)(5)(ii). Employers should include clear descriptions of exposure levels, what was done to reduce exposures, and any required follow-up measures.

Under 1990.151(e)(6), what does the model standard say about accuracy of measurement methods?

The model standard requires employers to use measurement methods that meet specified accuracy requirements, which the final standard will insert. See 1990.151(e)(6) and the broader monitoring provisions at 1990.151(e). In practice, employers should use validated sampling and analytical procedures with known limits of detection and documented quality control so monitoring data reliably represent employee exposures.

Under 1990.151(f), when must employers establish regulated areas and what rules must they follow in those areas?

Where practicable, employers must establish regulated areas in locations where airborne concentrations exceed the permissible exposure limits and must demarcate, segregate, and limit access to authorized persons while prohibiting food, beverages, smoking, and cosmetics in those areas. See the regulated area requirements at 1990.151(f) and the specific provisions in 1990.151(f)(1) through 1990.151(f)(4). Employers should post signage, restrict entry, and provide decontamination/change areas per the standard's requirements.

Under 1990.151(g)(1), when must employers use engineering and work practice controls instead of relying on respirators?

Employers must implement engineering and work-practice controls to reduce exposures to or below the permissible exposure limits unless they can demonstrate such controls are not feasible; controls should still be implemented to the extent they reduce exposure even if they cannot attain the PEL. See 1990.151(g)(1)(i) and 1990.151(g)(1)(ii). Employers must develop feasible engineering solutions first and only use respirators as supplemental protection or where controls cannot adequately reduce exposures.

Under 1990.151(g)(2)(ii), what must a written compliance program include to reduce exposures?

A written compliance program must include at least: a description of operations causing exposure; engineering plans and studies used to select controls; a report of technologies considered; a detailed implementation schedule; and other information OSHA may reasonably request. See the required elements at 1990.151(g)(2)(ii) and the submission and availability rules at 1990.151(g)(2)(iii). Employers must keep the plan at the worksite and submit it to OSHA or NIOSH officials upon request and revise it periodically per 1990.151(g)(2)(iv).

Under 1990.151(h)(1), when must employers provide respirators under this model standard?

Employers must provide and ensure respirator use where required by the standard to reduce employee exposures to or below the permissible exposure limits and during emergencies. See the respirator provision at 1990.151(h)(1) and the methods-of-compliance context at 1990.151(g). Respirator use must be part of a complete respiratory protection program consistent with applicable OSHA respiratory protection requirements.

Under 1990.151(a)(2)(i), how should employers treat solid or liquid mixtures that contain the carcinogen at low percentages?

The model standard allows exemption of workplaces where exposure results from solid or liquid mixtures containing the substance at or below a specified percentage, but that percentage must be inserted in the final standard to take effect. See 1990.151(a)(2)(i). Until the final rule specifies the cutoff, employers should assess exposures from mixtures using monitoring and consider whether the mixture matrix reduces airborne or dermal exposure risk rather than relying on a numeric exemption.

Can asbestos work be covered by this model carcinogen standard, or does OSHA treat asbestos differently?

Asbestos is generally covered by its own OSHA asbestos standards (for example, the construction asbestos standard at 29 CFR 1926.1101), so asbestos remediation activities are typically regulated under those specific standards rather than a generic carcinogen standard. See OSHA's asbestos remediation interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 and note the model standard scope at 1990.151(a). Employers doing asbestos remediation should follow 29 CFR 1926.1101 and the asbestos letters of interpretation referenced by OSHA rather than relying on a general carcinogen model standard.

Under 1990.151(c), how should employers respond when the Secretary finds suitable substitutes exist for the carcinogen?

If the Secretary determines suitable, less-hazardous substitutes are available for certain uses, the standard may prohibit that occupational exposure for those uses; employers must consider availability, practicability, relative hazard, and economic consequences as part of that determination. See the substitution language in 1990.151(c) and the TWA discussion at 1990.151(c)(1)(i). Employers should monitor rulemaking and guidance to know when substitution obligations apply.

Under 1990.151(g)(2)(iii) and (iv), who can examine the employer's written compliance plan and what maintenance is required?

The written compliance plans must be available at the worksite for examination and copying by the Assistant Secretary, the Director (NIOSH), any affected employee, or a designated representative; the plans must be revised and updated periodically to reflect the current program status. See availability at 1990.151(g)(2)(iii) and revision duties at 1990.151(g)(2)(iv). Employers should keep the plan current and accessible for inspections and employee review.

Under 1990.151(h)(1), when may an employer use respirators instead of engineering and work practice controls to meet permissible exposure limits?

Employers may use respirators only as a temporary or limited measure in four specific situations: (1) while installing or implementing feasible engineering and work-practice controls, (2) when engineering and work-practice controls are not feasible for a particular operation, (3) when existing controls are not yet sufficient to lower exposures to the permissible limits, or (4) during emergencies. See 1990.151(h)(1)(i)–(iv).

Under 1990.151(h)(2), who must select, supply, and pay for respirators when respiratory protection is required?

The employer must select and provide at no cost to the employee the appropriate type of respirator and ensure employees wear it. Respirator types must come from the authorized list in the standard and meet NIOSH approval requirements. See 1990.151(h)(2)(i)–(ii).

Under 1990.151(h)(2)(ii) and (h)(3)(i), what approvals and program elements are required when respirators are used?

Respirators must be selected from models approved by NIOSH and the employer must implement a respiratory protection program that meets key parts of 29 CFR 1910.134. Specifically, respirators must be NIOSH-approved and the program must follow the elements in [1910.134(b), (d), (e), and (f)]. See 1990.151(h)(2)(ii) and 1990.151(h)(3)(i), and consult 29 CFR 1910.134 for program details.

Under 1990.151(h)(3)(ii), are employees allowed to wash their face and respirator facepiece, and who must permit it?

Yes. Employers must allow employees who wear respirators to wash their face and the respirator facepiece to prevent potential skin irritation from respirator use. See 1990.151(h)(3)(ii).

Under 1990.151(h)(3)(iii), is respirator fit testing required and how should it be documented?

Yes. Employers must ensure each respirator issued is properly fitted and, as appropriate, include a qualitative or quantitative fit testing program. This requirement directs employers to the fit testing provisions in [29 CFR 1910.134]. See 1990.151(h)(3)(iii) and 29 CFR 1910.134 for fit-testing procedures and recordkeeping.

Under 1990.151(i)(1), what must a workplace emergency plan include when the hazardous agent is present?

A written emergency plan must be developed for each workplace where the hazardous agent is present, and it must be implemented as appropriate during emergencies; it must specifically provide that employees correcting emergency conditions be equipped with respirators required by paragraph (h) and any other necessary PPE until the emergency is abated. See 1990.151(i)(1)(i)–(ii).

Under 1990.151(i)(2)(i), when must an alarm be provided for potential emergency exposure to the hazardous agent?

Where there is the possibility that an emergency could expose employees to the hazardous agent, a general alarm must be installed and maintained to promptly alert employees to such occurrences. See 1990.151(i)(2)(i).

Under 1990.151(i)(2)(ii), what does the standard require about evacuations during emergencies involving the hazardous agent?

The standard requires that emergency procedures address evacuation where necessary so employees can be moved out of affected areas; the employer's written emergency plan must include appropriate evacuation actions. See 1990.151(i)(2).

Under 1990.151(j)(1), when must the employer provide protective clothing and equipment, and which standards apply?

When employees are exposed to eye or skin contact with the hazardous agent (as defined by the employer's criteria), the employer must provide, at no cost and within the specified time period, appropriate protective clothing or equipment and ensure employees wear it in accordance with [29 CFR 1910.132] and [29 CFR 1910.133]. See 1990.151(j)(1) and consult 1910.132 and 1910.133 for PPE selection and eye/face protection.

Under 1990.151(j)(2)(i), what are the employer's duties for cleaning, laundering, maintaining, or replacing protective clothing and equipment?

The employer must clean, launder, maintain, or replace protective clothing and equipment as necessary to keep them effective. In short, PPE must be kept in a condition that continues to protect employees. See 1990.151(j)(2)(i).

Under 1990.151(k), what must a housekeeping program include to minimize accumulation of the hazardous agent?

The employer must implement a housekeeping program that minimizes accumulation of the hazardous agent; the program should include routine scheduled housekeeping, periodic cleaning of dust collection systems, maintaining clean surfaces, assigning personnel to housekeeping tasks, and informing employees about the program. See 1990.151(k)(1)–(2)(v).

Under 1990.151(l)(1)–(2), what are the employer's responsibilities for waste disposal and labeling for material containing the hazardous agent?

The employer must, as practicable, prevent dispersal of waste material containing the hazardous agent into the workplace and must label or otherwise inform employees who may contact such waste about its contents. See 1990.151(l)(1)–(2).

Under 1990.151(m)(1)–(3) and 1910.141(e)/(d)(3), what hygiene facilities must the employer provide when employees are exposed over the PEL or must wear protective clothing?

When employees are exposed above the permissible exposure limit or must wear protective clothing, the employer must provide hygiene facilities such as clean change rooms in accordance with [29 CFR 1910.141(e)], showers as required by [29 CFR 1910.141(d)(3)], and, when applicable, lunchroom areas with temperature-controlled, positive-pressure filtered air for employees exposed to the agent. See 1990.151(m)(1)–(3) and 1910.141(e) and 1910.141(d)(3).

Under 1990.151(n)(1)(i)–(ii), who must be offered medical surveillance and who must perform the examinations?

The employer must establish a medical surveillance program for the employees specified (by exposure level/duration criteria set by the employer) and must ensure all medical examinations and procedures are performed by or under the supervision of a licensed physician and provided at no cost to the employee. See 1990.151(n)(1)(i)–(ii).

Under 1990.151(n)(2)(i)–(ii), what items must be included in the initial medical examination?

Initial medical examinations must include at least a work history and medical history covering areas relevant to the hazard and a physical examination with tests and procedures pertinent to the health risks posed by the agent; the examining physician may add tests as professionally needed. See 1990.151(n)(2)(i)–(ii).

Under 1990.151(n)(3)(ii), what medical exam must be offered when an employee leaves employment?

If an employee has not received the required periodic examinations within a specified time period before termination, the employer must make the prescribed examination available to the employee at termination. See 1990.151(n)(3)(ii).

Under 1990.151(n)(4)–(n)(5), when must the employer provide additional medical exams and what information must be given to the physician?

The employer must provide appropriate examinations and emergency medical treatment if an employee develops signs or symptoms associated with exposure to the hazardous agent. The employer must give the examining physician: a copy of the standard and appendices, a description of the employee's duties related to exposure, the employee's actual or representative exposure level, the anticipated exposure for preplacement or emergencies, a description of PPE used, and names/addresses of prior examining physicians if available. See 1990.151(n)(4)–(n)(5).

Under 1990.151(n)(6), what must the physician's written opinion contain and what privacy limits apply?

The employer must obtain a written physician's opinion that certifies the physician received the employer-provided information and performed appropriate exams, states whether the employee has any medical condition that increases risk from exposure, lists any recommended exposure limitations or PPE restrictions, and confirms the employee was informed of results and needed follow-up; the physician must not include unrelated medical findings or diagnoses in the written opinion and the employer must provide a copy to the employee. See 1990.151(n)(6)(i)–(iii).

Under 1990.151(o)(1)(ii)(A)–(G) and (o)(2)(i), what training topics must the employer cover and what access to materials must be provided?

The employer must train affected employees at initial assignment and periodically thereafter on topics such as the information in the appendices, the quantity/location/uses and operations that could cause exposure and protective steps, the purpose/proper use/limitations of respirators, the medical surveillance program, emergency procedures, the engineering and work-practice controls and the employee's role, and a review of the standard. The employer must also make a copy of the standard and appendices readily available to affected employees. See 1990.151(o)(1)(ii)(A)–(G) and 1990.151(o)(2)(i).

Under 1990.151(p)(1), what general responsibilities do employers have for signs and labels related to the hazardous agent?

Employers must provide appropriate signs and labels to communicate hazards associated with the agent in the workplace so employees know where the agent is present and what protections are required; the standard directs employers to post and label areas and materials consistent with its requirements. See 1990.151(p)(1).

How does the model standard's PPE requirement in 1990.151(j) relate to the general head-protection rule in 1910.135 and OSHA interpretation on crane operators?

The model standard requires employers to provide and assure the use of protective clothing and equipment when employees risk eye or skin contact with the agent, which is implemented under general PPE rules like [1910.132] and head protection rules such as [1910.135] when appropriate. OSHA has clarified that head protection is required when employees face a potential for injury from falling objects (for example, crane operators near overhead hazards), and employers must assess the workplace and require helmets where hazards exist. See 1990.151(j)(1), 1910.135, and OSHA's interpretation on head protection for crane operators (https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2).

Under 1990.151(p)(2), what signs must I post to mark areas where employees are exposed to a carcinogen or where exposures exceed the action level or PEL?

You must post clearly worded danger signs that identify the area and the cancer hazard—using the legend specified in 1990.151(p)(2)(i).

  • The sign legend required is: DANGER (insert appropriate trade or common names) CANCER HAZARD AUTHORIZED PERSONNEL ONLY, per 1990.151(p)(2)(i).
  • Post signs to “clearly indicate all workplaces” where exposures occur (for example, where employees are exposed to _______, where exposures exceed the action level, or where exposures exceed the PEL), as described in 1990.151(p)(2)(i).
  • If airborne concentrations exceed the permissible exposure limits, the sign must also state either "Respirator Required" or "Respirator May Be Required" as appropriate under 1990.151(p)(2)(iii).
  • Ensure signs are illuminated and cleaned as necessary so the legend is readily visible, per 1990.151(p)(2)(ii).

Under 1990.151(p)(3), do I have to put precautionary labels on containers of a carcinogen and must those labels stay on when the product leaves my workplace?

Yes — precautionary labels must be affixed to all containers of the carcinogen and to products containing it, and the labels must remain attached when the material or product is sold, distributed, or otherwise leaves the workplace, as required by 1990.151(p)(3)(i).

  • Labels must be readily visible and legible and bear the legend: DANGER CONTAINS _____ CANCER HAZARD (or use "POTENTIAL CANCER HAZARD" when appropriate), per 1990.151(p)(3)(ii).
  • Keep labels on containers when products leave your workplace so downstream users and handlers know the hazard, as explicitly required in 1990.151(p)(3)(i).

Under 1990.151(p)(1), can I use other labels or post additional signs, and am I allowed to place statements near required signs that modify their meaning?

You may use other labels or signs required by other laws or regulations in addition to, or combined with, the signs required by this paragraph, but you cannot place any statement that contradicts or detracts from the required sign or label, as stated in 1990.151(p)(1)(i)-(ii).

  • You can combine statutory or regulatory labels with the required signs (1990.151(p)(1)(i)).
  • You must not have any nearby wording that contradicts or weakens the meaning of the required sign or label (1990.151(p)(1)(ii)).

Tip: If you post additional informational signs, place them so they supplement rather than alter the required legend and meaning.

Under 1990.151(q)(1)(ii), what specific information must my exposure monitoring records include?

Your exposure monitoring records must include the dates, number, duration, and results of each sample and a description of how you sampled to represent employee exposures, plus the sampling and analytical methods used, the type of respirator worn (if any), and the monitored employees' identifying information and job classification, as listed in 1990.151(q)(1)(ii)(A)-(D).

  • Items required are: (A) dates, number, duration and results of each sample and a description of the sampling procedure; (B) description of sampling and analytical methods; (C) type of respiratory protective devices worn, if any; and (D) name, social security number, and job classification of monitored employees and any employees the measurement represents, all per 1990.151(q)(1)(ii).
  • Maintain records in an accurate, organized way so they can be provided to employees, representatives, or OSHA upon request (see also the access provisions in 1990.151(q)(3)(ii)).

Under 1990.151(q)(2)(ii) and (n)(5), what must my medical surveillance records include and what physician-related information do I need to keep?

You must keep copies of the physician's written opinions (or an explanation if none was given or an employee refused), any employee medical complaints related to exposure, the information provided to the physician as required by paragraph (n)(5)(ii)–(v), and each employee's work history, as required by 1990.151(q)(2)(ii)(A)-(D).

  • Specifically include: (A) a copy of the physician's written opinion or a written explanation of its absence or refusal; (B) any medical complaints related to exposure; (C) the information given to the physician as required by 1990.151(n)(5)(ii)–(v); and (D) the employee's work history, per 1990.151(q)(2)(ii).
  • Keep these medical surveillance records for the period specified in the standard or for the duration of employment plus the specified period, per 1990.151(q)(2)(iii).

Under 1990.151(q)(3) and related rules, who can view exposure and medical records and what must I do if I go out of business?

Exposure and medical records must be made available on request to the Assistant Secretary, the Director, employees, and designated representatives; when you cease doing business you must transfer required records to the successor employer or to the Director if there is no successor, as set out in 1990.151(q)(3)(i)-(ii) and 1990.151(q)(4)(i)-(ii).

  • Employer duties: make all records maintained under the section available for examination and copying by the Assistant Secretary and the Director (1990.151(q)(3)(i)).
  • Provide employee exposure measurement records and employee medical records upon request to employees, their designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.20(a)–(e) and (g)–(i).
  • If you cease business, a successor employer must receive and retain required records (1990.151(q)(4)(i)); if there is no successor, transmit records to the Director (1990.151(q)(4)(ii)).
  • Follow additional transfer requirements in 29 CFR 1910.20(h) when transferring or transmitting records.

Under 1990.151(r)(2), what rights do employees or their representatives have to observe exposure monitoring, and what must the employer provide the observer?

Affected employees or their designated representatives are entitled to observe exposure monitoring and to receive explanations and results, and if observation requires entry into an area with required protective clothing or equipment the employer must provide that PPE and require the observer to follow applicable safety procedures, as required by 1990.151(r)(1) and 1990.151(r)(2).

  • If observation requires entering an area where protective clothing or equipment is required, the employer must provide the observer with the same PPE and ensure they use it and follow other safety procedures (1990.151(r)(2)(i)).
  • Observers are entitled to receive an explanation of the measurement procedures, observe all measurement steps performed at the place of exposure, and record the results and receive results supplied by the laboratory (1990.151(r)(2)(ii)(A)-(C)).

Practical note: Provide observers PPE and a brief orientation to the sampling procedure so observation does not interfere with accurate sampling.