1. "The employer shall identify and evaluate the respiratory hazards in the workplace:" CFR 1926.103(d)(1)(iii). The evaluation must consist of a reasonable estimate of employee exposure to the chemical (determined by monitoring), it's chemical state, and physical form. A good start to this evaluation is to check the Material Safety Data Sheet (MSDS).
2. 1926.55 Appendix A list is obselete - Now it's ANY hazard! 1926.33 Appendix B: "The final standard, 29 CFR 1910.1020, applies to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents (paragraph (b)(2)). The term "toxic substance or harmful physical agent" is defined by paragraph (c)(13) to encompass chemical substances, biological agents, and physical stresses for which there is evidence of harmful health effects. The regulation uses the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) as one of the chief sources of information as to whether evidence of harmful health effects exists. If a substance is listed in the latest printed RTECS, the regulation applies to exposure and medical records (and analyses of these records) relevant to employees exposed to the substance."
AND
1926.95(a): "Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
3. Warning: Under no circumstance can any employee ever be exposed to a chemical that exceeds the MSDS or RTECS requirements.
4. The employer must engineer the hazards out first. 1926.55(b) "To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section…"
5. The Employer must appoint a "Qualified Person" to measure chemical exposures. 1926.55(b) "Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person…"
6. The employer must place the measurements obtained by the competent industrial hygienist or other technically qualified person into the employee exposure records and give a copy of the record to the employee upon request. An exposure record relevant to the employee is: 1910.1020(e)(2)(i)(A)(1) "A record which measures or monitors the amount of a toxic substance or harmful physical agent to which the employee is or has been exposed;"
7. The employer must train the employees about the chemical monitoring in the workplace. 1910.1200(h)(3)(i) "Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
8. The employer must train the employees about the chemical hazards in the workplace: 1926.21(b)(3) "Employees required to handle or use poisons, caustics, and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required."
AND
1910.1200(h)(3)(iii) "The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, Emergency procedures, and personal protective equipment to be used;
9. The Employer must implement the Hazard Communications Program.- See http://www.osha-slc.gov/OshStd_data/1926_0059.html
10. The employer must provide personal protective equipment for employees if they are exposed to skin or eye contact hazards.
11. The employer must implement additional programs if the workplace has:
a. Noise Exposure see http://www.osha-slc.gov/dts/osta/otm/otm_iii/otm_iii_5.html.
b. Ionizing radiation
c. Nonionizing radiation
d. Methylenedianiline see http://www.osha-slc.gov/OshStd_data/1926_0060.html
e. Lead see http://www.osha-slc.gov/dts/osta/otm/otm_v/otm_v_3.html.
f. Any highly hazardous chemical listed in Appendix A to 1926.64
g. Where a hazardous chemical can be spilled or accidently released 1926.65.
h. Any chemical or substance listed in 1926 Subpart Z.
12. See OSHA Technical Manuel at http://www.osha-slc.gov/dts/osta/otm/otm_viii/otm_viii_1.html and http://www.osha-slc.gov/dts/osta/otm/otm_viii/otm_viii_2.html.
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