Subpart Z - Proposed Amendments

05/03/09 – Draft –
##. Proposed Amendments.
For the reasons discussed in the preamble, the Occupational Safety and Health
Administration proposes to amend 29 CFR parts 1910, 1915 and 1926 as set forth below:
PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS
[AMENDED]
Subpart Z--[Amended]
13. Revise the authority citation for subpart Z to read as follows:
AUTHORITY:

Secs. 4, 6, 8, of the Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41
FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111),

50017),

5-2002 (67 FR 65008), or

3-2000 (65 FR

5-2007 (72 FR 31159), as applicable; and 29 CFR part

1911.
All of subpart Z issued under section 6(b) of the Occupational Safety and Health
Act of 1970, except those substances that have exposure limits listed in Tables Z-1, Z-2,
and Z-3 of 29 CFR 1910.1000.

The latter were issued under section 6(a) (29 U.S.C.

655(a)).
Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 U.S.C. 553,
Section 1910.1000 Tables Z-1, Z-2, and Z-3 but not under 29 CFR part 1911 except for
the arsenic (organic compounds), benzene, cotton dust, and chromium (VI) listings.
Section 1910.1001 also issued under section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C. 553.
Section 1910.1002 also issued under 5 U.S.C. 553, but not under 29 U.S.C. 655
or 29 CFR part 1911.
Sections 1910.1018, 1910.1029, and 1910.1200 also issued under 29 U.S.C. 653.

Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat. 1901.
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§1910.1001 Asbestos.
14. Amend §1910.1001 as follows:
A. Remove paragraph (j)(5);
B. Redesignate paragraphs (j)(1) through (j)(4) as paragraphs (j)(2)
through (j)(5);
C. Revise paragraphs (h)(2)(iv), (h)(3)(vi), the newly redesignated
paragraphs (j)(4), (j)(5), and the introductory text of (j)(6).
D. Add new paragraph (j)(1);
The revisions, with new designations, read as follows:
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(h)

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(2)

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(iv) The employer shall ensure that containers of contaminated protective devices
or work clothing, which are to be taken out of change rooms or the workplace for
cleaning, maintenance or disposal, bear labels in accordance with paragraph (j) of this
section.
(3)

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(vi) The employer shall ensure that contaminated clothing is transported in sealed
impermeable bags, or other closed, impermeable containers, and labeled in accordance
with paragraph (j) of this section.
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(j)

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(1) Hazard Communication – General. The employer shall include asbestos in the
program established to comply with the Hazard Communication Standard (HCS) (29
CFR 1910.1200). The employer shall ensure that each employee has access to labels on
containers of asbestos and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (j)(7) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer and lung effects.
(2) [Redesignated from (j)(1)].
(3) [Redesignated from (j)(2)].
(4) Warning signs.
(i) Posting. Warning signs shall be provided and displayed at each regulated area.
In addition, warning signs shall be posted at all approaches to regulated areas so that an
employee may read the signs and take necessary protective steps before entering the area.
(ii) Sign specifications.
(A) The warning signs required by paragraph (j)(4)(i) of this section shall bear the
following legend:
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
(B) In addition, where the use of respirators and protective clothing is required in
the regulated area under this section, the warning signs shall include the following:
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
(iii) The employer shall ensure that employees working in and contiguous to
regulated areas comprehend the warning signs required to be posted by paragraph (j)(4)(i)

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of this section. Means to ensure employee comprehension may include the use of foreign
languages, pictographs and graphics.
(iv) At the entrance to mechanical rooms/areas in which employees reasonably
can be expected to enter and which contain ACM and/or PACM, the building owner shall
post signs which identify the material which is present, its location, and appropriate work
practices which, if followed, will ensure that ACM and/or PACM will not be disturbed.
The employer shall ensure, to the extent feasible, that employees who come in contact
with these signs can comprehend them. Means to ensure employee comprehension may
include the use of foreign languages, pictographs, graphics, and awareness training.
(5) Warning labels.
(i) Labeling. Labels shall be affixed to all raw materials, mixtures, scrap, waste,
debris, and other products containing asbestos fibers, or to their containers. When a
building owner or employer identifies previously installed ACM and/or PACM, labels or
signs shall be affixed or posted so that employees will be notified of what materials
contain ACM and/or PACM. The employer shall attach such labels in areas where they
will clearly be noticed by employees who are likely to be exposed, such as at the entrance
to mechanical room/areas. Signs required by paragraph (j) of this section may be posted
in lieu of labels so long as they contain information required for labeling.
(ii) Label specifications. In addition to the requirements of paragraph (j)(1), the
employer shall ensure that labels of bags or containers of protective clothing and
equipment, scrap, waste, and debris containing asbestos fibers include the following
information:
DANGER
CONTAINS ASBESTOS FIBERS

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MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST

(6) The provisions for labels and for safety data sheets required by paragraph (j)
of this section do not apply where: *

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§1910.1003 13 Carcinogens (4-nitrobiphenyl, etc.).
15. Amend §1910.1003 as follows:
A. Revise the last sentence in paragraph (c)(4)(v) to remove the words
“paragraphs (e)(2), (3), and (4)” and add the words “paragraph (e);”
B. Revise the heading of paragraph (e) to “Communication of hazards;”
C. Remove paragraphs (e)(1) through paragraphs (e)(3) and add new
(e)(1) through (e)(2);
D. Redesignate paragraphs (e)(4) and (e)(5) as (e)(3) and (e)(4).
The revisions read as follows:
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(e) Communication of hazards. (1) Hazard communication. The employer shall
include the carcinogens listed below in the program established to comply with the
Hazard Communication Standard (HCS) (29 CFR 1910.1200). The employer shall
ensure that each employee has access to labels on containers of the carcinogens listed
below and to safety data sheets, and is trained in accordance with the provisions of HCS
and paragraph (e)(3) of this section. The employer shall ensure that at least the hazards
listed for the following chemicals are addressed:
4-Nitrobiphenyl: Cancer;

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alpha-Naphthylamine: Cancer: skin irritation, and acute toxicity effects;
Methyl chloromethyl ether: Cancer; skin ,eye and respiratory effects; acute
toxicity effects; and flammability;
3,3'-Dichlorobenzidine (and its salts): Cancer and skin sensitization;
Bis-Chloromethyl ether: Cancer; skin, eye, and respiratory tract effects; acute
toxicity effects; and flammability;
Beta-Naphthylamine: Cancer and acute toxicity effects;
Benzidine: Cancer and acute toxicity effects;
4-Aminodiphenyl: Cancer
Ethyleneimine: Cancer; mutagenicity; skin and eye effects; liver effects; kidney
effects; acute toxicity effects; and flammability;
Beta-Propiolactone: Cancer; skin irritation; eye effects; and acute toxicity effects;
2-Acetylaminofluorene: Cancer;
4-Dimethylaminoazo-benzene: Cancer; skin effects; and respiratory tract
irritation;
N-Nitrosodimethylamine: Cancer; liver effects; and acute toxicity effects;
(2) Signs. (i) The employer shall post entrances to regulated areas with signs
bearing the legend:
DANGER
(CHEMICAL IDENTIFICATION)
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLY
(ii) The employer shall post signs at entrances to regulated areas containing
operations covered in paragraph (c)(5) of this section. The signs shall bear the legend:
DANGER
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(CHEMICAL IDENTIFICATION)
MAY CAUSE CANCER
WEAR AIR SUPPLIED HOODS, IMPERVIOUS SUITS, AND PROTECTIVE
EQUIPMENT IN THIS AREA
AUTHORIZED PERSONNEL ONLY

(iii) Appropriate signs and instructions shall be posted at the entrance to, and exit
from, regulated areas, informing employees of the procedures that must be followed in
entering and leaving a regulated area.
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§1910.1017 Vinyl chloride.
16. Amend §1910.1017 by revising paragraph (l) to read as follows:
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(l) Communication of hazards.

(1)

Hazard communication. The employer shall

include vinyl chloride in the program established to comply with the Hazard
Communication Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that
each employee has access to labels on containers of vinyl chloride and to safety data
sheets, and is trained in accordance with the provisions of HCS and paragraph (j) of this
section. The employer shall ensure that at least the following hazards are
addressed: Cancer; central nervous system effects; liver effects; blood effects; and
flammability.
(2) Signs. (i) The employer shall post entrances to regulated areas with legible
signs bearing the legend:
DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLY

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(ii) The employer shall post signs at areas containing hazardous operations or
where emergencies currently exist. The signs shall be legible and bear the legend:
DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
AUTHORIZED PERSONNEL ONLY

(3) Labels. (i) In addition to the other requirements in paragraph (l), the employer
shall ensure that labels for containers of polyvinyl chloride resin waste from reactors or
other waste contaminated with vinyl chloride are legible and include the following
information:
CONTAMINATED WITH VINYL CHLORIDE
MAY CAUSE CANCER
(4) No statement shall appear on or near any required sign, label, or instruction
which contradicts or detracts from the effect of any required warning, information, or
instruction.
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§1910.1018 Inorganic arsenic.
17. Amend §1910.1018 by revising paragraphs (j)(2)(vii) and (p) as follows:
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(j)

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(2)

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(vii) In addition to the communication requirements in paragraph (p), the
employer shall ensure that the containers of contaminated protective clothing and
equipment in the workplace or which are to be removed from the workplace are labeled

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and that the labels include the following information: DANGER: CONTAMINATED
WITH INORGANIC ARSENIC. MAY CAUSE CANCER. DO NOT EAT, DRINK, OR
SMOKE. DO NOT REMOVE DUST BY BLOWING OR SHAKING.
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(p) Communication of hazards. (1) Hazard communication. (i) The employer shall
include inorganic arsenic in the program established to comply with the Hazard
Communication Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that
each employee has access to labels on containers of inorganic arsenic and to safety data
sheets, and is trained in accordance with the provisions of HCS and paragraph (o) of this
section. The employer shall ensure that at least the following hazards are addressed:
Cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute
toxicity effects.
(ii) The employer shall ensure that no statement appears on or near any sign or
label required by this paragraph which contradicts or detracts from the meaning of the
required sign or label.
(2) Signs. (i) The employer shall post signs demarcating regulated areas bearing
the legend:
DANGER
INORGANIC ARSENIC
MAY CAUSE CANCER
DO NOT EAT, DRINK OR SMOKE
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(ii) The employer shall ensure that signs required by this paragraph are
illuminated and cleaned as necessary so that the legend is readily visible.
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§1910.1025 Lead.
18. Amend §1910.1025 to revise paragraph (g)(2)(vii) and paragraph (m) to read
as follows:
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(g)

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(2)

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(vii) The employer shall ensure that labels of bags or containers of contaminated
protective clothing and equipment include the following information: DANGER:
COTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE
FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL
NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO
NOT REMOVE DUST BY BLOWING OR SHAKING
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(m) Communication of hazards. (1) Hazard communication. The employer shall
include lead in the program established to comply with the Hazard Communication
Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has
access to labels on containers of lead and to safety data sheets, and is trained in
accordance with the provisions of HCS and paragraph (l) of this section. The employer
shall ensure that at least the following hazards are
addressed: Reproductive/developmental toxicity; central nervous system effects; kidney
effects; blood effects; and acute toxicity effects.
(2) Signs. (i) The employer shall post the following warning signs in each work
area where the PEL is exceeded:

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DANGER
LEAD
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(ii) The employer shall ensure that no statement appears on or near any sign
required by this paragraph which contradicts or detracts from the meaning of the required
sign.
(iii) The employer shall ensure that signs required by this paragraph are
illuminated and cleaned as necessary so that the legend is readily visible.
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§1910.1026 Chromium (VI).
19. Amend §1910.1026 to revise paragraphs (h)(2)(iv), (j)(3)(ii) and (l)(1) to read
as follows:
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(h)

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(2)

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(iv) The employer shall ensure that bags or containers of contaminated protective
clothing or equipment that are removed from change rooms for laundering, cleaning,
maintenance, or disposal are labeled in accordance with the requirements of the Hazard
Communication standard, 29 CFR 1910.1200.
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(j)

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(3)

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(ii) The employer shall ensure that bags or containers of waste, scrap, debris, and
any other materials contaminated with chromium (VI) that are consigned for disposal are
labeled in accordance with the Hazard Communication Standard, 29 CFR 1910.1200.
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(l)

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(1) Hazard communication. The employer shall include chromium (VI) in the
program established to comply with the Hazard Communication Standard (HCS) (29
CFR 1910.1200). The employer shall ensure that each employee has access to labels on
containers of chromium (VI) and to safety data sheets, and is trained in accordance with
the provisions of HCS and paragraph (l)(2) of this section. The employer shall ensure
that at least the following hazards are addressed: Cancer, eye irritation, and skin
sensitization.
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§1910.1027 Cadmium
20. Amend §1910.1027 to revise paragraphs (i)(2)(iv), (k)(7), (m)(1), (m)(2)(ii),
(m)(3)(i), and (m)(3)(ii) to read as follows:
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(i)

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(2)

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(iv) The employer shall ensure that bags or containers of contaminated protective
clothing and equipment that are to be taken out of the change rooms or the workplace for
laundering, cleaning, maintenance or disposal are labeled in accordance with paragraph

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(m) of this section. As a minimum, the employer shall ensure that labels on containers of
contaminated protective clothing and equipment include the following information:

DANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
AVOID CREATING DUST
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(k)

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(7) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing
contaminated with cadmium and consigned for disposal shall be collected and disposed
of in sealed impermeable bags or other closed, impermeable containers. These bags and
containers shall be labeled in accordance with paragraph (m) of this section.
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(m)

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(1) Hazard communication. The employer shall include cadmium in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of cadmium and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (m)(4) of this section. The employer shall ensure that
at least the following hazards are addressed: Cancer; lung effects; kidney effects; and
acute toxicity effects.
(2)

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(ii) Warning signs required by paragraph (m)(2)(i) of this section shall bear the
following legend:
DANGER
CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(3)

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(i) Shipping and storage containers containing cadmium or cadmium compounds
shall bear appropriate warning labels, as specified in paragraph (m)(1) of this section.
(ii) The warning labels for waste, scrap, or debris shall include at least the
following information:
DANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
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§1910.1028 Benzene
21. Amend §1910.1028 to revise the heading of paragraph (j) and the regulatory
text of paragraphs (j)(1) and (j)(2) to read as follows:
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(j) Communication of hazards. (1) Hazard communication. The employer shall
include benzene in the program established to comply with the Hazard Communication
Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has
access to labels on containers of benzene and to safety data sheets, and is trained in
accordance with the provisions of HCS and (j)(3) of this section. The employer shall
ensure that at least the following hazards are addressed: Cancer; central nervous system

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effects; blood effects; aspiration; skin, eye, and respiratory tract irritation; and
flammability,
Note to paragraph (j)(1) of this section: There is no requirement to label pipes.
(2) Signs. The employer shall post signs at entrances to regulated areas. The signs
shall bear the following legend:
DANGER
BENZENE
MAY CAUSE CANCER
HIGHLY FLAMMABLE LIQUID AND VAPOR
DO NOT SMOKE
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
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§1910.1029 Coke oven emissions.
22. Amend §1910.1029 to revise paragraph (l) to read as follows:
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(l) Communication of hazards. (1) Hazard communication. The employer shall
include coke oven emissions in the program established to comply with the Hazard
Communication Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that
each employee has access to labels on containers of chemicals and substances associated
with coke oven processes and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (k) of this section. The employer shall ensure that at
least the following hazard is addressed: Cancer.
(2) Signs.
(i) The employer shall post signs in the regulated area bearing the legend:

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DANGER
COKE OVEN EMISSIONS
MAY CAUSE CANCER
DO NOT EAT, DRINK OR SMOKE
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(ii) In addition, the employer shall post signs in the areas where the permissible
exposure limit is exceeded bearing the legend:
WEAR RESPIRATORY PROTECTION IN THIS AREA
(iii) The employer shall ensure that no statement appears on or near any sign
required by this paragraph which contradicts or detracts from the effects of the required
sign.
(iv) The employer shall ensure that signs required by this paragraph are
illuminated and cleaned as necessary so that the legend is readily visible.
(3) Labels. In addition to the requirements in (l)(1) of this paragraph, the
employer shall ensure that labels of containers of contaminated protective clothing and
equipment include the following information:
CONTAMINATED WITH COKE EMISSIONS
MAY CAUSE CANCER
DO NOT EAT, DRINK, OR SMOKE
DO NOT REMOVE DUST BY BLOWING OR SHAKING

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§1910.1043 Cotton dust.
23. Amend §1910.1043 to revise paragraph (j) as follows:
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(j) Signs. The employer shall post the following warning sign in each work area
where the permissible exposure limit for cotton dust is exceeded:

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DANGER
COTTON DUST
CAUSES DAMAGE TO LUNGS
(BYSSINOSIS)
WEAR RESPIRATORY PROTECTION IN THIS AREA
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§1910.1044 1,2-dibromo-3-chloropropane
24. Amend §1910.1044 to revise paragraphs (j)(2)(v), (k)(1)(iii)(b), and (o) to
read as follows:
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(j)

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(2)

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(v) Containers of DBCP contaminated protective devices or work clothing which are to
be taken out of change rooms or the workplace for cleaning, maintenance or disposal,
shall bear labels in accordance with paragraph (o) of this section. As a minimum, the
employer shall ensure that labels for containers of contaminated protective devices or
work clothing include the following information: CONTAMINATED WITH 1,2Dibromo-3-chloropropane (DBCP), MAY CAUSE CANCER.
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(k)

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(1)

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(iii)

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(b) Portable vacuum units used to collect DBCP may not be used for other
cleaning purposes and shall be labeled as prescribed by paragraph (o) of this section.
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(o) Communication of hazards. (1) General. (i) Hazard communication. The
employer shall include DBCP in the program established to comply with the Hazard
Communication Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that
each employee has access to labels on containers of DBCP and to safety data sheets, and
is trained in accordance with the provisions of HCS and paragraph (n) of this
section. The employer shall ensure that at least the following hazards are
addressed: Cancer; reproductive effects; liver effects; kidney effects; central nervous
system effects; skin, eye and respiratory tract irritation; and acute toxicity effects.
(ii) The employer shall ensure that no statement appears on or near any sign or
label required by this paragraph which contradicts or detracts from the meaning of the
required sign or label.
(2) Signs.
The employer shall post signs to clearly indicate all regulated areas. These signs
shall bear the legend:
DANGER
1,2-Dibromo-3-chloropropane
MAY CAUSE CANCER
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(3) The employer shall ensure that the precautionary labels required by this
paragraph are readily visible and legible.
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§1910.1045 Acrylonitrile.
25. Amend §1910.1045 to revise paragraph (p) as follows:
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(p) Communication of hazards. (1) Hazard communication. The employer shall
include AN in the program established to comply with the Hazard Communication
Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has
access to labels on containers of AN and to safety data sheets, and is trained in
accordance with the provisions of HCS and paragraph (o) of this section. The employer
shall ensure that at least the following hazards are addressed: Cancer; central nervous
system effects; liver effects, skin sensitization, skin, respiratory, and eye irritation; acute
toxicity effects; and flammability.
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(2) Signs. The employer shall post signs to clearly indicate all workplaces where
AN concentrations exceed the permissible exposure limits. The signs shall bear the
following legend:
DANGER
ACRYLONITRILE (AN)
MAY CAUSE CANCER
RESPIRATORY PROTECTION MAY BE REQURED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
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(3) Labels. The employer shall ensure that precautionary labels are affixed to all
containers of liquid AN and AN-based materials not exempted under paragraph (a)(2) of
this section. The employer shall ensure that the labels remain affixed when the materials
are sold, distributed, or otherwise leave the employer’s workplace.
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§1910.1047 Ethylene oxide.
26. Amend §1910.1047 to revise paragraphs (j)(1) and (j)(2) as follows:

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(j) Communication of hazards.
(1) Hazard communication. The employer shall include EtO in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of EtO and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer; reproductive effects; mutagenicity;
central nervous system; skin sensitization; skin, eye and respiratory tract irritation; acute
toxicity effects; and flammability.
(2) Signs and labels.
(i) Signs. The employer shall post and maintain legible signs demarcating
regulated areas and entrances or access ways to regulated areas that bear the following
legend:
DANGER
ETHYLENE OXIDE
MAY CAUSE CANCER
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY BE
REQUIRED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(ii) Labels. The employer shall ensure that labels are affixed to all containers of
EtO whose contents are capable of causing employee exposure at or above the action
level or whose contents may reasonably be foreseen to cause employee exposure above
the excursion limit, and that the labels remain affixed when the containers of EtO leave

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the workplace. For the purposes of this paragraph, reaction vessels, storage tanks, and
pipes or piping systems are not considered to be containers.
Note to paragraph (j)(2): The labeling requirements under this section do not
apply where EtO is used as a pesticide, as such term is defined in the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when it is labeled pursuant to that
Act and regulations issued under that Act by the Environmental Protection Agency.
*

*

*

*

*

§1910.1048 Formaldehyde.
27. Amend §1910.1048 as follows:
A. Revise paragraphs (e)(1); (h)(2)(ii); (j)(4) and (m);
B. Add paragraphs (h)(2)(ii)(A) and (B).
The revisions read as follows:
*

*

*

*

*

(e)

*

*

*

(1) The employer shall establish regulated areas where the concentration of
airborne formaldehyde exceeds either the TWA or the STEL and post all entrances and
access ways with signs bearing the following legend:
DANGER
FORMALDEHYDE
MAY CAUSE CANCER
CAUSES SKIN, EYE, AND RESPIRATORY IRRITATION
AUTHORIZED PERSONNEL ONLY

*

*

*

*

*

(h)

*

*

*

(2)

*

*

*
21

05/03/09 – Draft –
(ii) When formaldehyde-contaminated clothing and equipment is ventilated, the
employer shall establish storage areas so that employee exposure is minimized.
(A) Signs. Storage areas for contaminated clothing and equipment shall have
signs bearing the following legend:
DANGER
FORMALDEHYDE-CONTAMINATED [CLOTHING] EQUIPMENT
MAY CAUSE CANCER
CAUSES SKIN, EYE AND RESPIRATORY IRRITATION
DO NOT BREATHE VAPOR
DO NOT GET ON SKIN
(B) Labels. The employer shall ensure containers for contaminated clothing and
equipment and storage areas are labeled in accordance with the Hazard Communication
standard, 29 CFR 1910.1200, and shall, as a minimum, include the following:

DANGER
FORMALDEHYDE-CONTAMINATED [CLOTHING] EQUIPMENT
MAY CAUSE CANCER
CAUSES SKIN, EYE, AND RESPIRATORY IRRITATION
DO NOT BREATHE VAPOR
DO NOT GET ON SKIN
*

*

*

*

*

(j)

*

*

*

(4) Formaldehyde-contaminated waste and debris resulting from leaks or spills
shall be placed for disposal in sealed containers bearing a label warning of
formaldehyde's presence and of the hazards associated with formaldehyde. The employer
shall ensure that the labels are in accordance with paragraph (m) of this section.
*

*

*

*

*

22

05/03/09 – Draft –
(m) Communication of hazards. (1) Hazard communication. The employer shall
include formaldehyde in the program established to comply with the Hazard
Communication Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that
each employee has access to labels on containers of formaldehyde and to safety data
sheets, and is trained in accordance with the provisions of HCS and paragraph (n) of this
section. The employer shall ensure that at least the following hazards are
addressed: Cancer; skin and respiratory sensitization; eye, skin and respiratory tract
irritation; acute toxicity effects; and flammability.
(i) The employer must include chemicals and substances associated with
formaldehyde gas, all mixtures or solutions composed of greater than 0.1 percent
formaldehyde, and materials capable of releasing formaldehyde into the air at
concentrations reaching or exceeding 0.1 ppm, in the hazard communication program.
(ii) In making the determinations of anticipated levels of formaldehyde release,
the employer may rely on objective data indicating the extent of potential formaldehyde
release under reasonably foreseeable conditions of use.
(2) In addition to the requirements in paragraphs (m)(1) and (m)(1)(i) of this
section, for materials listed in paragraph (m)(1)(i) capable of releasing formaldehyde at
levels above 0.5 ppm, labels shall appropriately address all hazards as defined in
paragraph (d) of §1910.1200 and Appendices A and B to §1910.1200, including cancer
and respiratory sensitization, and shall contain the hazard statement "may cause cancer."
*

*

*

*

*

§1910.1050 Methylenedianiline.
28. Amend §1910.1050 as follows:

23

05/03/09 – Draft –
A. Revise paragraph (i)(2)(v) and the heading of paragraph (k);
B. Remove paragraphs (k)(1) and (k)(2);
C. Redesignate paragraphs (k)(3) and (k)(4) as (k)(4) and (k)(5);
D. Add new paragraphs (k)(1) through (k)(3).
The revisions read as follows:
*

*

*

*

*

(i)

*

*

*

(2)

*

*

*

(v) Containers of MDA-contaminated protective work clothing or equipment,
which are to be taken out of change rooms or the workplace for cleaning, maintenance, or
disposal, shall bear labels warning of the hazards of MDA. The employer shall ensure
that labels are consistent with requirements in paragraph (k) and that labels include at
least the following information:
DANGER
CONTAINS METHYLENEDIANILINE (MDA)
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
*

*

*

*

*

(k) Communication of hazards.
(1) Hazard communication. The employer shall include MDA in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of MDA and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (k)(4) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer; liver effects; and skin sensitization.
24

05/03/09 – Draft –
(2) Signs. The employer shall post and maintain legible signs demarcating
regulated areas and entrances or access ways to regulated areas that bear the following
legend:
DANGER
MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING
MAY BE REQUIRED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(3) Safety data sheets (SDS). In meeting the obligation to provide safety data
sheets, employers shall make appropriate use of the information found in Appendices A
and B to §1910.1050 .

*

(4) Information and training.

*

*

*

(5) Access to training material.

*

*

*.

*

*

*

*

§1910.1051 1,3-Butadiene.
29. Amend §1910.1051 to revise paragraph (l)(1) as follows:
*

*

*

*

*

(l)

*

*

*

(1) Hazard communication. The employer shall include BD in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of BD and to safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (l)(2) of this section. The employer shall ensure that at

25

05/03/09 – Draft –
least the following hazards are addressed: Cancer; eye and respiratory tract irritation;
center nervous system effects; and flammability.
*

*

*

*

*

30. Amend §1910.1052 to revise paragraph (k) as follows:
*

*

*

*

*

(k) Hazard communication. The employer shall include MC in the workplace
hazard communication program established to comply with the Hazard Communication
Standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has
access to labels on containers of MC and to safety data sheets, and is trained in
accordance with the provisions of HCS and paragraph (l) of this section. The employer
shall provide information on at least the following hazards: Cancer, cardiac effects
(including elevation of carboxyhemoglobin), central nervous system effects, liver effects,
and skin and eye irritation.
*

*

*

*

*

26

05/03/09 – Draft –
*

*

*

*

*

PART 1915 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT

33. Revise the authority citation for part 1915 to read as follows:
AUTHORITY: Section 41, Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 941); 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 No. 12-71 (36 FR 8754), 8-76 (41
FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as applicable; 29 CFR Part
1911.
Section 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR part 1911.
Subpart Z-- [Amended]
§1915.1001 Asbestos.
34. Amend § 1915.1001 to revise paragraphs (i)(3), (k)(7), and (k)(8) to read as
follows:
*

*

*

*

*

(i)

*

*

*

(3) The employer shall ensure that contaminated clothing is transported in sealed
impermeable bags, or other closed, impermeable containers, and labeled in accordance
with paragraph (k) of this section.
*

*

*

*

*

(k)

*

*

*

(7) Hazard Communication.

27

05/03/09 – Draft –
(i) Labels shall be affixed to all products containing asbestos and to all containers
containing such products, including waste containers. Where feasible, installed asbestos
products shall contain a visible label.
(ii) General - The employer shall include asbestos in the program established to
comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200). The
employer shall ensure that each employee has access to labels on containers of asbestos
and safety data sheets, and is trained in accordance with the provisions of the HCS and
paragraph (k)(9) of this section. The employer shall ensure that at least the following
hazards are addressed: Cancer and lung effects.
(iii) The provisions for labels required in this paragraph do not apply where:
(A) Asbestos fibers have been modified by a bonding agent, coating, binder, or
other material, provided that the manufacturer can demonstrate that, during any
reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no
airborne concentrations of asbestos fibers in excess of the permissible exposure limit
and/or excursion limit will be released, or
(B) Asbestos is present in a product in concentrations less than 1.0 percent.
(8) Signs.
(i) Warning signs that demarcate the regulated area shall be provided and
displayed at each location where a regulated area is required to be established by
paragraph (e) of this section. Signs shall be posted at such a distance from such a location
that an employee may read the signs and take necessary protective steps before entering
the area marked by the signs.
(ii) The warning signs required by this paragraph shall bear the following legend:

28

05/03/09 – Draft –
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
(iii) In addition, where the use of respirators and protective clothing is required in
the regulated area under this section, the warning signs shall include the following:
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
(iv) The employer shall ensure that employees working in and contiguous to
regulated areas comprehend the warning signs required to be posted by this paragraph.
Means to ensure employee comprehension may include the use of foreign languages,
pictographs, and graphics.
(v) When a building/vessel owner or employer identifies previously installed
PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be
notified of what materials contain PACM and/or ACM. The employer shall attach such
labels in areas where they will clearly be noticed by employees who are likely to be
exposed, such as at the entrance to mechanical room/areas. Signs required by paragraph
(k)(6) of this section may be posted in lieu of labels so long as they contain information
required for labeling. The employer shall ensure, to the extent feasible, that employees
who come in contact with these signs or labels can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages, pictographs,
graphics, and awareness training.
*

*

*

*

*

1915.1026 Chromium (VI).

29

05/03/09 – Draft –
35. Amend §1915.1026 to revise paragraphs (g)(2)(iv) and (j)(1) to read as
follows:
*

*

*

*

*

(g)

*

*

*

(2)

*

*

*

(iv) The employer shall ensure that bags or containers of contaminated protective
clothing or equipment that are removed from change rooms for laundering, cleaning,
maintenance, or disposal are labeled in accordance with the requirements of the Hazard
Communication standard, 29 CFR 1910.1200.
*

*

*

*

*

(j)

*

*

*

(1) Hazard communication. The employer shall include chromium (VI) in the
program established to comply with the Hazard Communication Standard (HCS) (29
CFR 1910.1200). The employer shall ensure that each employee has access to labels on
containers of chromium (VI) and safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (j)(2) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer; skin sensitization; and eye irritation .
*

*

*

*

*

30

05/03/09 – Draft –
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart D--[Amended]
36. The authority citation for subpart D is revised to read as follows:
AUTHORITY: Section 3704 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, and 657); and Secretary of Labor's Order No. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111),
3-2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31159), as applicable;
and 29 CFR part 1911.
Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued under 5 U.S.C. 553
and 29 CFR part 1911.
Section 1926.62 of 29 CFR also issued under section 1031 of the Housing and
Community Development Act of 1992 (42 U.S.C. 4853).
Section 1926.65 of 29 CFR also issued under section 126 of the Superfund
Amendments and Reauthorization Act of 1986, as amended (29 U.S.C. 655), and 5
U.S.C. 553.

§1926.60 Methylenedianiline.
37. Amend §1926.60 to revise paragraph (j)(2)(v), (l)(1), and (l)(2) to read as
follows:
*

*

*

*

*

(j)

*

*

*

(2)

*

*

*

31

05/03/09 – Draft –
(v) Containers of MDA-contaminated protective work clothing or equipment that
are to be taken out of decontamination areas or the workplace for cleaning, maintenance,
or disposal, shall bear labels warning of the hazards of MDA. The employer shall ensure
that labels are consistent with requirements in paragraph (l) and that labels include at
least the following information:
DANGER
CONTAINS METHYLENEDIANILINE (MDA)
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
*

*

*

*

*

(l)

*

*

*

(1) Hazard communication. The employer shall include MDA in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of MDA and safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (l)(3) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer; liver effects; and skin sensitization.
(2) The employer shall post and maintain legible signs demarcating regulated
areas and entrances or access ways to regulated areas that bear the following legend:
DANGER
MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING
MAY BE REQUIRED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
*

*

*

*

*

32

05/03/09 – Draft –
§1926.62 Lead.
38. Amend §1926.62 to revise paragraph (g)(2)(vii), the heading of paragraph (l)
and paragraph (l)(1)(i) and paragraph (m) to read as follows:
*

*

*

*

*

(g)

*

*

*

(2)

*

*

*

(vii) The employer shall ensure that the containers of contaminated protective
clothing and equipment required by paragraph (g)(2)(v) of this section are labeled as
follows:
DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD.
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK, OR SMOKE WHEN HANDLING
DO NOT REMOVE DUST BY BLOWING OR SHAKING
*

*

*

*

*

(l) Communication of Hazards
(1)

*

*

*

(i) Hazard communication. The employer shall include lead in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of lead and safety data sheets, and is trained in accordance with the provisions
of HCS and paragraph (l). The employer shall ensure that at least the following hazards
are addressed: Reproductive/developmental toxicity; central nervous system effects;
kidney effects; blood effects; and acute toxicity effects.
*

*

*

*

*

33

05/03/09 – Draft –
(m) Signs.
(1) General.
(i) The employer shall post the following warning signs in each work area where
an employees exposure to lead is above the PEL.
DANGER
LEAD
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(ii) The employer shall ensure that no statement appears on or near any sign
required by this paragraph that contradicts or detracts from the meaning of the required
sign.
(iii) The employer shall ensure that signs required by this paragraph are
illuminated and cleaned as necessary so that the legend is readily visible.
(iv) The employer may use signs required by other statutes, regulations or
ordinances in addition to, or in combination with, signs required by this paragraph.
*

*

*

*

*

Subpart Z--[Amended]
44. Revise the authority citation for subpart Z to read as follows:
AUTHORITY: Section 3704 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); and Secretary of Labor's Order No. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111),
3-2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31159), as applicable;
and 29 CFR part 1911.

34

05/03/09 – Draft –
Sections 1926.1101 and 1926.1127 also issued under 5 U.S.C. 553.
Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
§1926.1101 Asbestos.
45. Amend §1926.1101 as follows:
A. Redesignate paragraph (k)(1) as (k)(1)(i) and add a new heading to
paragraph (k)(1);
B. Add new paragraph (k)(1)(ii);
C. Revise paragraphs (k)(2)(i) and (k)(3)(i) by changing the reference in
the last line from “(k)(1)” to “(k)(1)(i);”
D. Revise paragraphs (k)(7)(ii)(A) and (B), and (k)(8)(ii) and (iii).
The revisions read as follows:
*

*

*

*

*

(k)

*

*

*

(1)

Hazard communication.

(i)

Redesignated from (k)(1).

(ii) The employer shall include asbestos in the program established to comply
with the Hazard Communication Standard (HCS) (29 CFR 1910.1200). The employer
shall ensure that each employee has access to labels on containers of asbestos and safety
data sheets, and is trained in accordance with the provisions of HCS and paragraphs
(k)(9) and (10) of this section. The employer shall provide information on at least the
following hazards: Cancer and lung effects
*

*

*

*

*

35

05/03/09 – Draft –
(7)

*

*

*

(i)

*

*

*

(ii)

*

*

*

(A) The warning signs required by paragraph (k)(7) of this section shall bear the
following information.
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
(B) In addition, where the use of respirators and protective clothing is required in
the regulated area under this section, the warning signs shall include the following:

WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA

(iii)

*

*

*

(8)

*

*

*

(i)

*

*

*

(ii) The employer shall ensure that such labels comply with paragraphs (k).
(iii) The employer shall ensure that labels of bags or containers of protective
clothing and equipment, scrap, waste, and debris containing asbestos fibers bear the
following information:
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATH DUST

36

05/03/09 – Draft –
*

*

*

*

*

§1926.1126 Chromium.
46. Amend §1926.1126 to revise paragraphs (g)(2)(iv) and (j)(1) to read as
follows:
*

*

*

*

*

(g)

*

*

*

(2)

*

*

*

(iv) The employer shall ensure that bags or containers of contaminated protective
clothing or equipment that are removed from change rooms for laundering, cleaning,
maintenance, or disposal shall be labeled in accordance with the requirements of the
Hazard Communication Standard, 29 CFR 1910.1200. The employer shall ensure that
the labels state the following hazards: Cancer, eye irritation, and skin sensitization.
*

*

*

*

*

(j)

*

*

*

(1) Hazard communication. The employer shall include chromium (VI) in the
program established to comply with the Hazard Communication Standard (HCS) (29
CFR 1910.1200). The employer shall ensure that each employee has access to labels on
containers of chromium and safety data sheets, and is trained in accordance with the
provisions of 29 CFR 1910.1200 and paragraph (j)(2) of this section. The employer shall
provide information on at least the following hazards: Cancer; skin sensitization; and
eye irritation.
*

*

*

*

*

37

05/03/09 – Draft –

§1926.1127 Cadmium.
47. Amend §1926.1127 to revise paragraphs (i)(2)(iv), (k)(7), and (m)(1),
(m)(2)(ii), and (m)(3)(i) and (ii).
The revisions read as follows:
*

*

*

*

*

(i)

*

*

*

(2)

*

*

*

(iv) The employer shall ensure that containers of contaminated personal protective
clothing and equipment that are to be taken out of the change rooms or the workplace for
laundering, cleaning, maintenance or disposal shall bear labels in accordance with
paragraph (m) of this section. As a minimum, labels on containers of contaminated
protective clothing and equipment must state MAY CAUSE CANCER, CAUSES
DAMAGE TO LUNGS AND KIDNEYS. AVOID CREATING DUST.

*

*

*

*

*

(k)

*

*

*

(7) Waste, scrap, debris, bags, and containers, personal protective equipment and
clothing contaminated with cadmium and consigned for disposal shall be collected and
disposed of in sealed impermeable bags or other closed, impermeable containers. These
bags and containers shall be labeled in accordance with paragraph (i)(2)(iv) of this
section.
*

*

*

*

*

(m)

*

*

*

38

05/03/09 – Draft –
(1) Hazard communication. The employer shall include cadmium in the program
established to comply with the Hazard Communication Standard (HCS) (29 CFR
1910.1200). The employer shall ensure that each employee has access to labels on
containers of cadmium and safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (m)(4) of this section. The employer shall provide
information on at least the following hazards: Cancer; lung effects; kidney effects; and
acute toxicity effects
(2)

*

*

*

(i)

*

*

*

(ii) Warning signs required by paragraph (m)(2)(i) of this section shall bear the
following information:
DANGER
CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(iii)

*

*

*

(3)

*

*

*

(i) Shipping and storage containers containing cadmium and cadmium compounds
shall bear appropriate warning labels, as specified in paragraph (m)(1) of this section.
(ii) The warning labels for waste, scrap, or debris shall include at least the
following information:
DANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
CAN CAUSE LUNG AND KIDNEY DISEASE
39

05/03/09 – Draft –
AVOID CREATING DUST
*

*

*

*

*

40