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Title 29: Labor
PART
1926—SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart
D—Occupational Health and Environmental Controls

§ 1926.60   Methylenedianiline.

(a) Scope and application. (1)
This section applies to all construction work as defined in 29 CFR
1910.12(b), in which there is exposure to MDA, including but not limited
to the following:

(i) Construction, alteration, repair, maintenance, or renovation of
structures, substrates, or portions thereof, that contain MDA;

(ii) Installation or the finishing of surfaces with products containing
MDA;

(iii) MDA spill/emergency cleanup at construction sites; and

(iv) Transportation, disposal, storage, or containment of MDA or
products containing MDA on the site or location at which construction
activities are performed.

(2) Except as provided in paragraphs (a)(7) and (f)(5) of this section,
this section does not apply to the processing, use, and handling of
products containing MDA where initial monitoring indicates that the
product is not capable of releasing MDA in excess of the action level
under the expected conditions of processing, use, and handling which will
cause the greatest possible release; and where no “dermal exposure to MDA”
can occur.

(3) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the processing, use, and handling of products
containing MDA where objective data are reasonably relied upon which
demonstrate the product is not capable of releasing MDA under the expected
conditions of processing, use, and handling which will cause the greatest
possible release; and where no “dermal exposure to MDA” can occur.

(4) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the storage, transportation, distribution or
sale of MDA in intact containers sealed in such a manner as to contain the
MDA dusts, vapors, or liquids, except for the provisions of 29 CFR
1910.1200 and paragraph (e) of this section.

(5) Except as provided in paragraph (a)(7) of this section, this
section does not apply to materials in any form which contain less than
0.1% MDA by weight or volume.

(6) Except as provided in paragraph (a)(7) of this section, this
section does not apply to “finished articles containing MDA.”

(7) Where products containing MDA are exempted under paragraphs (a)(2)
through (a)(6) of this section, the employer shall maintain records of the
initial monitoring results or objective data supporting that exemption and
the basis for the employer's reliance on the data, as provided in the
recordkeeping provision of paragraph (o) of this section.

(b) Definitions. For the
purpose of this section, the following definitions shall apply:

Action level means a
concentration of airborne MDA of 5 ppb as an eight (8)-hour time-weighted
average.

Assistant Secretary means the
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, or designee.

Authorized person means any
person specifically authorized by the employer whose duties require the
person to enter a regulated area, or any person entering such an area as a
designated representative of employees for the purpose of exercising the
right to observe monitoring and measuring procedures under paragraph (p)
of this section, or any other person authorized by the Act or regulations
issued under the Act.

Container means any barrel,
bottle, can, cylinder, drum, reaction vessel, storage tank, commercial
packaging or the like, but does not include piping systems.

Decontamination area means an
area outside of but as near as practical to the regulated area, consisting
of an equipment storage area, wash area, and clean change area, which is
used for the decontamination of workers, materials, and equipment
contaminated with MDA.

Dermal exposure to MDA occurs
where employees are engaged in the handling, application or use of
mixtures or materials containing MDA, with any of the following
non-airborne forms of MDA:

(i) Liquid, powdered, granular, or flaked mixtures containing MDA in
concentrations greater than 0.1% by weight or volume; and

(ii) Materials other than “finished articles” containing MDA in
concentrations greater than 0.1% by weight or volume.

Director means the Director of
the National Institute for Occupational Safety and Health, U.S. Department
of Health and Human Services, or designee.

Emergency means any occurrence
such as, but not limited to, equipment failure, rupture of containers, or
failure of control equipment which results in an unexpected and
potentially hazardous release of MDA.

Employee exposure means
exposure to MDA which would occur if the employee were not using
respirators or protective work clothing and equipment.

Finished article containing MDA
is defined as a manufactured item:

(i) Which is formed to a specific shape or design during
manufacture;

(ii) Which has end use function(s) dependent in whole or part upon its
shape or design during end use; and

(iii) Where applicable, is an item which is fully cured by virtue of
having been subjected to the conditions (temperature, time) necessary to
complete the desired chemical reaction.

Historical monitoring data
means monitoring data for construction jobs that meet the following
conditions:

(i) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;

(ii) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as those
to be used during the job for which initial monitoring will not be
performed;

(iii) The characteristics of the MDA-containing material being handled
when the historical monitoring data were obtained are the same as those on
the job for which initial monitoring will not be performed;

(iv) Environmental conditions prevailing when the historical monitoring
data were obtained are the same as those on the job for which initial
monitoring will not be performed; and

(v) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception are substantially similar. The
data must be scientifically sound, the characteristics of the MDA
containing material must be similar and the environmental conditions
comparable.

4,4 ′ Methylenedianiline or MDA means the
chemical; 4,4′-diaminodiphenylmethane, Chemical Abstract Service Registry
number 101-77-9, in the form of a vapor, liquid, or solid. The definition
also includes the salts of MDA.

Regulated Areas means areas
where airborne concentrations of MDA exceed or can reasonably be expected
to exceed, the permissible exposure limits, or where “dermal exposure to
MDA” can occur.

STEL means short term exposure
limit as determined by any 15-minute sample period.

(c) Permissible exposure
limits. The employer shall assure that no employee is exposed to an
airborne concentration of MDA in excess of ten parts per billion (10 ppb)
as an 8-hour time-weighted average and a STEL of one hundred parts per
billion (100 ppb).

(d) Communication among
employers. On multi-employer worksites, an employer performing work
involving the application of MDA or materials containing MDA for which
establishment of one or more regulated areas is required shall inform
other employers on the site of the nature of the employer's work with MDA
and of the existence of, and requirements pertaining to, regulated
areas.

(e) Emergency situations —(1)
Written plan. (i) A written plan
for emergency situations shall be developed for each construction
operation where there is a possibility of an emergency. The plan shall
include procedures where the employer identifies emergency escape routes
for his employees at each construction site before the construction
operation begins. Appropriate portions of the plan shall be implemented in
the event of an emergency.

(ii) The plan shall specifically provide that employees engaged in
correcting emergency conditions shall be equipped with the appropriate
personal protective equipment and clothing as required in paragraphs (i)
and (j) of this section until the emergency is abated.

(iii) The plan shall specifically include provisions for alerting and
evacuating affected employees as well as the applicable elements
prescribed in 29 CFR 1910.38 and 29 CFR 1910.39, “Emergency action plans”
and “Fire prevention plans,” respectively.

(2) Alerting employees. Where
there is the possibility of employee exposure to MDA due to an emergency,
means shall be developed to promptly alert employees who have the
potential to be directly exposed. Affected employees not engaged in
correcting emergency conditions shall be evacuated immediately in the
event that an emergency occurs. Means shall also be developed for alerting
other employees who may be exposed as a result of the emergency.

(f) Exposure monitoring —(1)
General. (i) Determinations of
employee exposure shall be made from breathing zone air samples that are
representative of each employee's exposure to airborne MDA over an eight
(8) hour period. Determination of employee exposure to the STEL shall be
made from breathing zone air samples collected over a 15 minute sampling
period.

(ii) Representative employee exposure shall be determined on the basis
of one or more samples representing full shift exposure for each shift for
each job classification in each work area where exposure to MDA may
occur.

(iii) Where the employer can document that exposure levels are
equivalent for similar operations in different work shifts, the employer
shall only be required to determine representative employee exposure for
that operation during one shift.

(2) Initial monitoring. Each
employer who has a workplace or work operation covered by this standard
shall perform initial monitoring to determine accurately the airborne
concentrations of MDA to which employees may be exposed unless:

(i) The employer can demonstrate, on the basis of objective data, that
the MDA-containing product or material being handled cannot cause
exposures above the standard's action level, even under worst-case release
conditions; or

(ii) The employer has historical monitoring or other data demonstrating
that exposures on a particular job will be below the action level.

(3) Periodic monitoring and monitoring
frequency. (i) If the monitoring required by paragraph (f)(2) of
this section reveals employee exposure at or above the action level, but
at or below the PELs, the employer shall repeat such monitoring for each
such employee at least every six (6) months.

(ii) If the monitoring required by paragraph (f)(2) of this section
reveals employee exposure above the PELs, the employer shall repeat such
monitoring for each such employee at least every three (3) months.

(iii) Employers who are conducting MDA operations within a regulated
area can forego periodic monitoring if the employees are all wearing
supplied-air respirators while working in the regulated area.

(iv) The employer may alter the monitoring schedule from every three
months to every six months for any employee for whom two consecutive
measurements taken at least 7 days apart indicate that the employee
exposure has decreased to below the PELs but above the action level.

(4) Termination of monitoring.
(i) If the initial monitoring required by paragraph (f)(2) of this section
reveals employee exposure to be below the action level, the employer may
discontinue the monitoring for that employee, except as otherwise required
by paragraph (f)(5) of this section.

(ii) If the periodic monitoring required by paragraph (f)(3) of this
section reveals that employee exposures, as indicated by at least two
consecutive measurements taken at least 7 days apart, are below the action
level the employer may discontinue the monitoring for that employee,
except as otherwise required by paragraph (f)(5) of this section.

(5) Additional monitoring. The
employer shall institute the exposure monitoring required under paragraphs
(f)(2) and (f)(3) of this section when there has been a change in
production process, chemicals present, control equipment, personnel, or
work practices which may result in new or additional exposures to MDA, or
when the employer has any reason to suspect a change which may result in
new or additional exposures.

(6) Accuracy of monitoring.
Monitoring shall be accurate, to a confidence level of 95 percent, to
within plus or minus 25 percent for airborne concentrations of MDA.

(7) Employee notification of
monitoring results. (i) The employer must, as soon as possible but
no later than 5 working days after the receipt of the results of any
monitoring performed under this section, notify each affected employee of
these results either individually in writing or by posting the results in
an appropriate location that is accessible to employees.

(ii) The written notification required by paragraph (f)(7)(i) of this
section shall contain the corrective action being taken by the employer or
any other protective measures which have been implemented to reduce the
employee exposure to or below the PELs, wherever the PELs are
exceeded.

(8) Visual monitoring. The
employer shall make routine inspections of employee hands, face and
forearms potentially exposed to MDA. Other potential dermal exposures
reported by the employee must be referred to the appropriate medical
personnel for observation. If the employer determines that the employee
has been exposed to MDA the employer shall:

(i) Determine the source of exposure;

(ii) Implement protective measures to correct the hazard; and

(iii) Maintain records of the corrective actions in accordance with
paragraph (o) of this section.

(g) Regulated areas —(1) Establishment —(i) Airborne exposures. The employer shall
establish regulated areas where airborne concentrations of MDA exceed or
can reasonably be expected to exceed, the permissible exposure limits.

(ii) Dermal exposures. Where
employees are subject to “dermal exposure to MDA” the employer shall
establish those work areas as regulated areas.

(2) Demarcation. Regulated
areas shall be demarcated from the rest of the workplace in a manner that
minimizes the number of persons potentially exposed.

(3) Access. Access to regulated
areas shall be limited to authorized persons.

(4) Personal protective equipment and
clothing. Each person entering a regulated area shall be supplied
with, and required to use, the appropriate personal protective clothing
and equipment in accordance with paragraphs (i) and (j) of this
section.

(5) Prohibited activities. The
employer shall ensure that employees do not eat, drink, smoke, chew
tobacco or gum, or apply cosmetics in regulated areas.

(h) Methods of compliance —(1)
Engineering controls and work practices
and respirators. (i) The employer shall use one or any combination
of the following control methods to achieve compliance with the
permissible exposure limits prescribed by paragraph (c) of this
section:

(A) Local exhaust ventilation equipped with HEPA filter dust collection
systems;

(B) General ventilation systems;

(C) Use of workpractices; or

(D) Other engineering controls such as isolation and enclosure that the
Assistant Secretary can show to be feasible.

(ii) Wherever the feasible engineering controls and work practices
“which can be instituted are not sufficient to reduce employee exposure to
or below the PELs, the employer shall use them to reduce employee exposure
to the lowest levels achievable by these controls and shall supplement
them by the use of respiratory protective devices which comply with the
requirements of paragraph (i) of this section.

(2) Special Provisions. For
workers engaged in spray application methods, respiratory protection must
be used in addition to feasible engineering controls and work practices to
reduce employee exposure to or below the PELs.

(3) Prohibitions. Compressed
air shall not be used to remove MDA, unless the compressed air is used in
conjunction with an enclosed ventilation system designed to capture the
dust cloud created by the compressed air.

(4) Employee rotation. The
employer shall not use employee rotation as a means of compliance with the
exposure limits prescribed in paragraph (c) of this section.

(5) Compliance program. (i) The
employer shall establish and implement a written program to reduce
employee exposure to or below the PELs by means of engineering and work
practice controls, as required by paragraph (h)(1) of this section, and by
use of respiratory protection where permitted under this section.

(ii) Upon request this written program shall be furnished for
examination and copying to the Assistant Secretary, the Director, affected
employees and designated employee representatives. The employer shall
review and, as necessary, update such plans at least once every 12 months
to make certain they reflect the current status of the program.

(i) Respiratory protection —(1)
General. For employees who use
respirators required by this section, the employer must provide each
employee an appropriate respirator that complies with the requirements of
this paragraph. Respirators must be used during:

(i) Periods necessary to install or implement feasible engineering and
work-practice controls.

(ii) Work operations, such as maintenance and repair activities and
spray-application processes, for which engineering and work-practice
controls are not feasible.

(iii) Work operations for which feasible engineering and work-practice
controls are not yet sufficient to reduce employee exposure to or below
the PELs.

(iv) Emergencies.

(2) Respirator program. The
employer must implement a respiratory protection program in accordance
with § 1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through
(m), which covers each employee required by this section to use a
respirator.

(3) Respirator selection. (i)
Employers must:

(A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.

(B) Provide HEPA filters for powered and non-powered air-purifying
respirators.

(C) For escape, provide employees with one of the following respirator
options: Any self-contained breathing apparatus with a full facepiece or
hood operated in the positive-pressure or continuous-flow mode; or a full
facepiece air-purifying respirator.

(D) Provide a combination HEPA filter and organic vapor canister or
cartridge with air-purifying respirators when MDA is in liquid form or
used as part of a process requiring heat.

(ii) An employee who cannot use a negative-pressure respirator must be
given the option of using a positive-pressure respirator, or a
supplied-air respirator operated in the continuous-flow or pressure-demand
mode.

(j) Protective work clothing and
equipment —(1) Provision and
use. Where employees are subject to dermal exposure to MDA, where
liquids containing MDA can be splashed into the eyes, or where airborne
concentrations of MDA are in excess of the PEL, the employer shall
provide, at no cost to the employee, and ensure that the employee uses,
appropriate protective work clothing and equipment which prevent contact
with MDA such as, but not limited to:

(i) Aprons, coveralls or other full-body work clothing;

(ii) Gloves, head coverings, and foot coverings; and

(iii) Face shields, chemical goggles; or

(iv) Other appropriate protective equipment which comply with 29 CFR
1910.133.

(2) Removal and storage. (i)
The employer shall ensure that, at the end of their work shift, employees
remove MDA-contaminated protective work clothing and equipment that is not
routinely removed throughout the day in change areas provided in
accordance with the provisions in paragraph (k) of this section.

(ii) The employer shall ensure that, during their work shift, employees
remove all other MDA-contaminated protective work clothing or equipment
before leaving a regulated area.

(iii) The employer shall ensure that no employee takes MDA-contaminated
work clothing or equipment out of the decontamination areas, except those
employees authorized to do so for the purpose of laundering, maintenance,
or disposal.

(iv) MDA-contaminated work clothing or equipment shall be placed and
stored and transported in sealed, impermeable bags, or other closed
impermeable containers.

(v) Containers of MDA-contaminated protective work clothing or
equipment which 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.

(3) Cleaning and replacement.
(i) The employer shall provide the employee with clean protective clothing
and equipment. The employer shall ensure that protective work clothing or
equipment required by this paragraph is cleaned, laundered, repaired, or
replaced at intervals appropriate to maintain its effectiveness.

(ii) The employer shall prohibit the removal of MDA from protective
work clothing or equipment by blowing, shaking, or any methods which allow
MDA to re-enter the workplace.

(iii) The employer shall ensure that laundering of MDA-contaminated
clothing shall be done so as to prevent the release of MDA in the
workplace.

(iv) Any employer who gives MDA-contaminated clothing to another person
for laundering shall inform such person of the requirement to prevent the
release of MDA.

(v) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with MDA of the potentially
harmful effects of exposure.

(4) Visual Examination. (i) The
employer shall ensure that employees' work clothing is examined
periodically for rips or tears that may occur during performance of
work.

(ii) When rips or tears are detected, the protective equipment or
clothing shall be repaired and replaced immediately.

(k) Hygiene facilities and
practices —(1) General. (i)
The employer shall provide decontamination areas for employees required to
work in regulated areas or required by paragraph (j)(1) of this section to
wear protective clothing. Exception: In lieu of the
decontamination area requirement specified in paragraph (k)(1)(i) of this
section, the employer may permit employees engaged in small scale, short
duration operations, to clean their protective clothing or dispose of the
protective clothing before such employees leave the area where the work
was performed.

(ii) Change areas. The employer
shall ensure that change areas are equipped with separate storage
facilities for protective clothing and street clothing, in accordance with
29 CFR 1910.141(e).

(iii) Equipment area. The
equipment area shall be supplied with impermeable, labeled bags and
containers for the containment and disposal of contaminated protective
clothing and equipment.

(2) Shower area. (i) Where
feasible, shower facilities shall be provided which comply with 29 CFR
1910.141(d)(3) wherever the possibility of employee exposure to airborne
levels of MDA in excess of the permissible exposure limit exists.

(ii) Where dermal exposure to MDA occurs, the employer shall ensure
that materials spilled or deposited on the skin are removed as soon as
possible by methods which do not facilitate the dermal absorption of
MDA.

(3) Lunch Areas. (i) Whenever
food or beverages are consumed at the worksite and employees are exposed
to MDA the employer shall provide clean lunch areas were MDA levels are
below the action level and where no dermal exposure to MDA can occur.

(ii) The employer shall ensure that employees wash their hands and
faces with soap and water prior to eating, drinking, smoking, or applying
cosmetics.

(iii) The employer shall ensure that employees do not enter lunch
facilities with contaminated protective work clothing or equipment.

(l) Communication of hazards to
employees —(1) Hazard
communication. The employer shall include Methylenedianiline (MDA)
in the program established to comply with the Hazard Communication
Standard (HCS) (§ 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) Signs and labels — (i)
Signs. (A) 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

(B) Prior to June 1, 2016, employers may use the following legend in
lieu of that specified in paragraph (l)(2)(i)(A) of this section:

DANGER

MDA

MAY CAUSE CANCER

LIVER TOXIN

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE
WORN IN THIS AREA

(ii) Labels. (A) The employer
shall ensure that labels or other appropriate forms of warning are
provided for containers of MDA within the workplace. The labels shall
comply with the requirements of § 1910.1200(f) and shall include at
least the following information for pure MDA and mixtures containing
MDA:

DANGER

CONTAINS MDA

MAY CAUSE CANCER

CAUSES DAMAGE TO THE LIVER

(B) Prior to June 1, 2015, employers may include the following
information workplace labels in lieu of the labeling requirements in
paragraph (l)(2)(ii)(A) of this section:

( 1 ) For Pure MDA:

DANGER

CONTAINS MDA

MAY CAUSE CANCER

LIVER TOXIN

( 2 ) For mixtures containing
MDA:

DANGER

CONTAINS MDA

CONTAINS MATERIALS WHICH MAY CAUSE CANCER

LIVER TOXIN

(3) Information and training.
(i) The employer shall provide employees with information and training on
MDA, in accordance with 29 CFR 1910.1200(h), at the time of initial
assignment and at least annually thereafter.

(ii) In addition to the information required under 29 CFR 1910.1200,
the employer shall:

(A) Provide an explanation of the contents of this section, including
appendices A and B of this section, and indicate to employees where a copy
of the standard is available;

(B) Describe the medical surveillance program required under paragraph
(n) of this section, and explain the information contained in appendix C
of this section; and

(C) Describe the medical removal provision required under paragraph (n)
of this section.

(4) Access to training
materials. (i) The employer shall make readily available to all
affected employees, without cost, all written materials relating to the
employee training program, including a copy of this regulation.

(ii) The employer shall provide to the Assistant Secretary and the
Director, upon request, all information and training materials relating to
the employee information and training program.

(m) Housekeeping. (1) All
surfaces shall be maintained as free as practicable of visible
accumulations of MDA.

(2) The employer shall institute a program for detecting MDA leaks,
spills, and discharges, including regular visual inspections of operations
involving liquid or solid MDA.

(3) All leaks shall be repaired and liquid or dust spills cleaned up
promptly.

(4) Surfaces contaminated with MDA may not be cleaned by the use of
compressed air.

(5) Shoveling, dry sweeping, and other methods of dry clean-up of MDA
may be used where HEPA filtered vacuuming and/or wet cleaning are not
feasible or practical.

(6) Waste, scrap, debris, bags, containers, equipment, and clothing
contaminated with MDA shall be collected and disposed of in a manner to
prevent the re-entry of MDA into the workplace.

(n) Medical surveillance —(1)
General. (i) The employer shall
make available a medical surveillance program for employees exposed to MDA
under the following circumstances:

(A) Employees exposed at or above the action level for 30 or more days
per year;

(B) Employees who are subject to dermal exposure to MDA for 15 or more
days per year;

(C) Employees who have been exposed in an emergency situation;

(D) Employees whom the employer, based on results from compliance with
paragraph (f)(8) of this section, has reason to believe are being dermally
exposed; and

(E) Employees who show signs or symptoms of MDA exposure.

(ii) The employer shall ensure that all medical examinations and
procedures are performed by or under the supervision of a licensed
physician at a reasonable time and place, and provided without cost to the
employee.

(2) Initial examinations. (i)
Within 150 days of the effective date of this standard, or before the time
of initial assignment, the employer shall provide each employee covered by
paragraph (n)(1)(i) of this section with a medical examination including
the following elements:

(A) A detailed history which includes:

( 1 ) Past work exposure to MDA
or any other toxic substances;

( 2 ) A history of drugs,
alcohol, tobacco, and medication routinely taken (duration and quantity);
and

( 3 ) A history of dermatitis,
chemical skin sensitization, or previous hepatic disease.

(B) A physical examination which includes all routine physical
examination parameters, skin examination, and examination for signs of
liver disease.

(C) Laboratory tests including:

( 1 ) Liver function tests and
( 2 ) Urinalysis.

(D) Additional tests as necessary in the opinion of the physician.

(ii) No initial medical examination is required if adequate records
show that the employee has been examined in accordance with the
requirements of this section within the previous six months prior to the
effective date of this standard or prior to the date of initial
assignment.

(3) Periodic examinations. (i)
The employer shall provide each employee covered by this section with a
medical examination at least annually following the initial examination.
These periodic examinations shall include at least the following
elements:

(A) A brief history regarding any new exposure to potential liver
toxins, changes in drug, tobacco, and alcohol intake, and the appearance
of physical signs relating to the liver, and the skin;

(B) The appropriate tests and examinations including liver function
tests and skin examinations; and

(C) Appropriate additional tests or examinations as deemed necessary by
the physician.

(ii) If in the physician's opinion the results of liver function tests
indicate an abnormality, the employee shall be removed from further MDA
exposure in accordance with paragraph (n)(9) of this section. Repeat liver
function tests shall be conducted on advice of the physician.

(4) Emergency examinations. If
the employer determines that the employee has been exposed to a
potentially hazardous amount of MDA in an emergency situation under
paragraph (e) of this section, the employer shall provide medical
examinations in accordance with paragraphs (n)(3) (i) and (ii) of this
section. If the results of liver function testing indicate an abnormality,
the employee shall be removed in accordance with paragraph (n)(9) of this
section. Repeat liver function tests shall be conducted on the advice of
the physician. If the results of the tests are normal, tests must be
repeated two to three weeks from the initial testing. If the results of
the second set of tests are normal and on the advice of the physician, no
additional testing is required.

(5) Additional examinations.
Where the employee develops signs and symptoms associated with exposure to
MDA, the employer shall provide the employee with an additional medical
examination including liver function tests. Repeat liver function tests
shall be conducted on the advice of the physician. If the results of the
tests are normal, tests must be repeated two to three weeks from the
initial testing. If the results of the second set of tests are normal and
on the advice of the physician, no additional testing is required.

(6) Multiple physician review
mechanism. (i) If the employer selects the initial physician who
conducts any medical examination or consultation provided to an employee
under this section, and the employee has signs or symptoms of occupational
exposure to MDA (which could include an abnormal liver function test), and
the employee disagrees with the opinion of the examining physician, and
this opinion could affect the employee's job status, the employee may
designate an appropriate and mutually acceptable second physician:

(A) To review any findings, determinations or recommendations of the
initial physician; and

(B) To conduct such examinations, consultations, and laboratory tests
as the second physician deems necessary to facilitate this review.

(ii) The employer shall promptly notify an employee of the right to
seek a second medical opinion after each occasion that an initial
physician conducts a medical examination or consultation pursuant to this
section. The employer may condition its participation in, and payment for,
the multiple physician review mechanism upon the employee doing the
following within fifteen (15) days after receipt of the foregoing
notification, or receipt of the initial physician's written opinion,
whichever is later:

(A) The employee informing the employer that he or she intends to seek
a second medical opinion, and

(B) The employee initiating steps to make an appointment with a second
physician.

(iii) If the findings, determinations, or recommendations of the second
physician differ from those of the initial physician, then the employer
and the employee shall assure that efforts are made for the two physicians
to resolve any disagreement.

(iv) If the two physicians have been unable to quickly resolve their
disagreement, then the employer and the employee through their respective
physicians shall designate a third physician:

(A) To review any findings, determinations, or recommendations of the
prior physicians; and

(B) To conduct such examinations, consultations, laboratory tests, and
discussions with the prior physicians as the third physician deems
necessary to resolve the disagreement of the prior physicians.

(v) The employer shall act consistent with the findings,
determinations, and recommendations of the second physician, unless the
employer and the employee reach a mutually acceptable agreement.

(7) Information provided to the
examining physician. (i) The employer shall provide the following
information to the examining physician:

(A) A copy of this regulation and its appendices;

(B) A description of the affected employee's duties as they relate to
the employee's potential exposure to MDA;

(C) The employee's current actual or representative MDA exposure
level;

(D) A description of any personal protective equipment used or to be
used; and

(E) Information from previous employment related medical examinations
of the affected employee.

(ii) The employer shall provide the foregoing information to a second
physician under this section upon request either by the second physician,
or by the employee.

(8) Physician's written
opinion. (i) For each examination under this section, the employer
shall obtain, and provide the employee with a copy of, the examining
physician's written opinion within 15 days of its receipt. The written
opinion shall include the following:

(A) The occupationally pertinent results of the medical examination and
tests;

(B) The physician's opinion concerning whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of health from exposure to MDA;

(C) The physician's recommended limitations upon the employee's
exposure to MDA or upon the employee's use of protective clothing or
equipment and respirators; and

(D) A statement that the employee has been informed by the physician of
the results of the medical examination and any medical conditions
resulting from MDA exposure which require further explanation or
treatment.

(ii) The written opinion obtained by the employer shall not reveal
specific findings or diagnoses unrelated to occupational exposures.

(9) Medical removal —(i) Temporary medical removal of an employee
—(A) Temporary removal resulting from
occupational exposure. The employee shall be removed from work
environments in which exposure to MDA is at or above the action level or
where dermal exposure to MDA may occur, following an initial examination
(paragraph (n)(2) of this section), periodic examinations (paragraph
(n)(3) of this section), an emergency situation (paragraph (n)(4) of this
section), or an additional examination (paragraph (n)(5) of this section)
in the following circumstances:

( 1 ) When the employee
exhibits signs and/or symptoms indicative of acute exposure to MDA; or

( 2 ) When the examining
physician determines that an employee's abnormal liver function tests are
not associated with MDA exposure but that the abnormalities may be
exacerbated as a result of occupational exposure to MDA.

(B) Temporary removal due to a final
medical determination. ( 1
) The employer shall remove an employee from work having an exposure to
MDA at or above the action level or where the potential for dermal
exposure exists on each occasion that a final medical determination
results in a medical finding, determination, or opinion that the employee
has a detected medical condition which places the employee at increased
risk of material impairment to health from exposure to MDA.

( 2 ) For the purposes of this
section, the phrase “final medical determination” shall mean the outcome
of the physician review mechanism used pursuant to the medical
surveillance provisions of this section.

( 3 ) Where a final medical
determination results in any recommended special protective measures for
an employee, or limitations on an employee's exposure to MDA, the employer
shall implement and act consistent with the recommendation.

(ii) Return of the employee to former
job status. (A) The employer shall return an employee to his or her
former job status:

( 1 ) When the employee no
longer shows signs or symptoms of exposure to MDA, or upon the advice of
the physician.

( 2 ) When a subsequent final
medical determination results in a medical finding, determination, or
opinion that the employee no longer has a detected medical condition which
places the employee at increased risk of material impairment to health
from exposure to MDA.

(B) For the purposes of this section, the requirement that an employer
return an employee to his or her former job status is not intended to
expand upon or restrict any rights an employee has or would have had,
absent temporary medical removal, to a specific job classification or
position under the terms of a collective bargaining agreement.

(iii) Removal of other employee
special protective measure or limitations. The employer shall
remove any limitations placed on an employee or end any special protective
measures provided to an employee pursuant to a final medical determination
when a subsequent final medical determination indicates that the
limitations or special protective measures are no longer necessary.

(iv) Employer options pending a final
medical determination. Where the physician review mechanism used
pursuant to the medical surveillance provisions of this section, has not
yet resulted in a final medical determination with respect to an employee,
the employer shall act as follows:

(A) Removal. The employer may
remove the employee from exposure to MDA, provide special protective
measures to the employee, or place limitations upon the employee,
consistent with the medical findings, determinations, or recommendations
of the physician who has reviewed the employee's health status.

(B) Return. The employer may
return the employee to his or her former job status, and end any special
protective measures provided to the employee, consistent with the medical
findings, determinations, or recommendations of any of the physicians who
have reviewed the employee's health status, with two exceptions:

( 1 ) If the initial removal,
special protection, or limitation of the employee resulted from a final
medical determination which differed from the findings, determinations, or
recommendations of the initial physician; or

( 2 ) The employee has been on
removal status for the preceding six months as a result of exposure to
MDA, then the employer shall await a final medical determination.

(v) Medical removal protection
benefits —(A) Provisions of
medical removal protection benefits. The employer shall provide to
an employee up to six (6) months of medical removal protection benefits on
each occasion that an employee is removed from exposure to MDA or
otherwise limited pursuant to this section.

(B) Definition of medical removal
protection benefits. For the purposes of this section, the
requirement that an employer provide medical removal protection benefits
means that the employer shall maintain the earnings, seniority, and other
employment rights and benefits of an employee as though the employee had
not been removed from normal exposure to MDA or otherwise limited.

(C) Follow-up medical surveillance
during the period of employee removal or limitations. During the
period of time that an employee is removed from normal exposure to MDA or
otherwise limited, the employer may condition the provision of medical
removal protection benefits upon the employee's participation in follow-up
medical surveillance made available pursuant to this section.

(D) Workers' compensation
claims. If a removed employee files a claim for workers'
compensation payments for a MDA-related disability, then the employer
shall continue to provide medical removal protection benefits pending
disposition of the claim. To the extent that an award is made to the
employee for earnings lost during the period of removal, the employer's
medical removal protection obligation shall be reduced by such amount. The
employer shall receive no credit for workers' compensation payments
received by the employee for treatment-related expenses.

(E) Other credits. The
employer's obligation to provide medical removal protection benefits to a
removed employee shall be reduced to the extent that the employee receives
compensation for earnings lost during the period of removal either from a
publicly or employer-funded compensation program, or receives income from
employment with any employer made possible by virtue of the employee's
removal.

(F) Employees who do not recover
within the 6 months of removal. The employer shall take the
following measures with respect to any employee removed from exposure to
MDA:

( 1 ) The employer shall make
available to the employee a medical examination pursuant to this section
to obtain a final medical determination with respect to the employee;

( 2 ) The employer shall assure
that the final medical determination obtained indicates whether or not the
employee may be returned to his or her former job status, and, if not,
what steps should be taken to protect the employee's health;

( 3 ) Where the final medical
determination has not yet been obtained, or once obtained indicates that
the employee may not yet be returned to his or her former job status, the
employer shall continue to provide medical removal protection benefits to
the employee until either the employee is returned to former job status,
or a final medical determination is made that the employee is incapable of
ever safely returning to his or her former job status; and

( 4 ) Where the employer acts
pursuant to a final medical determination which permits the return of the
employee to his or her former job status despite what would otherwise be
an unacceptable liver function test, later questions concerning removing
the employee again shall be decided by a final medical determination. The
employer need not automatically remove such an employee pursuant to the
MDA removal criteria provided by this section.

(vi) Voluntary removal or restriction
of an employee. Where an employer, although not required by this
section to do so, removes an employee from exposure to MDA or otherwise
places limitations on an employee due to the effects of MDA exposure on
the employee's medical condition, the employer shall provide medical
removal protection benefits to the employee equal to that required by
paragraph (n)(9)(v) of this section.

(o) Recordkeeping —(1) Objective data for exempted operations.
(i) Where the employer has relied on objective data that demonstrate that
products made from or containing MDA are not capable of releasing MDA or
do not present a dermal exposure problem under the expected conditions of
processing, use, or handling to exempt such operations from the initial
monitoring requirements under paragraph (f)(2) of this section, the
employer shall establish and maintain an accurate record of objective data
reasonably relied upon in support of the exemption.

(ii) The record shall include at least the following information:

(A) The product qualifying for exemption;

(B) The source of the objective data;

(C) The testing protocol, results of testing, and/or analysis of the
material for the release of MDA;

(D) A description of the operation exempted and how the data support
the exemption; and

(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exemption.

(iii) The employer shall maintain this record for the duration of the
employer's reliance upon such objective data.

(2) Historical monitoring data.
(i) Where the employer has relied on historical monitoring data that
demonstrate that exposures on a particular job will be below the action
level to exempt such operations from the initial monitoring requirements
under paragraph (f)(2) of this section, the employer shall establish and
maintain an accurate record of historical monitoring data reasonably
relied upon in support of the exception.

(ii) The record shall include information that reflect the following
conditions:

(A) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;

(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as those
to be used during the job for which initial monitoring will not be
performed;

(C) The characteristics of the MDA-containing material being handled
when the historical monitoring data were obtained are the same as those on
the job for which initial monitoring will not be performed;

(D) Environmental conditions prevailing when the historical monitoring
data were obtained are the same as those on the job for which initial
monitoring will not be performed; and

(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.

(iii) The employer shall maintain this record for the duration of the
employer's reliance upon such historical monitoring data.

(3) The employer may utilize the services of competent organizations
such as industry trade associations and employee associations to maintain
the records required by this section.

(4) Exposure measurements. (i)
The employer shall keep an accurate record of all measurements taken to
monitor employee exposure to MDA.

(ii) This record shall include at least the following information:

(A) The date of measurement;

(B) The operation involving exposure to MDA;

(C) Sampling and analytical methods used and evidence of their
accuracy;

(D) Number, duration, and results of samples taken;

(E) Type of protective devices worn, if any; and

(F) Name, social security number, and exposure of the employees whose
exposures are represented.

(iii) The employer shall maintain this record for at least thirty (30)
years, in accordance with 29 CFR 1910.33.

(5) Medical surveillance. (i)
The employer shall establish and maintain an accurate record for each
employee subject to medical surveillance by paragraph (n) of this section,
in accordance with 29 CFR 1910.33.

(ii) The record shall include at least the following information:

(A) The name and social security number of the employee;

(B) A copy of the employee's medical examination results, including the
medical history, questionnaire responses, results of any tests, and
physician's recommendations.

(C) Physician's written opinions;

(D) Any employee medical complaints related to exposure to MDA; and

(E) A copy of the information provided to the physician as required by
paragraph (n) of this section.

(iii) The employer shall ensure that this record is maintained for the
duration of employment plus thirty (30) years, in accordance with 29 CFR
1910.33.

(iv) A copy of the employee's medical removal and return to work
status.

(6) Training records. The
employer shall maintain all employee training records for one (1) year
beyond the last date of employment.

(7) Availability. (i) The
employer, upon written request, shall make all records required to be
maintained by this section available to the Assistant Secretary and the
Director for examination and copying.

(ii) The employer, upon request, shall make any exposure records
required by paragraphs (f) and (n) of this section available for
examination and copying to affected employees, former employees,
designated representatives, and the Assistant Secretary, in accordance
with 29 CFR 1910.33(a)-(e) and (g)-(i).

(iii) The employer, upon request, shall make employee medical records
required by paragraphs (n) and (o) of this section available for
examination and copying to the subject employee, anyone having the
specific written consent of the subject employee, and the Assistant
Secretary, in accordance with 29 CFR 1910.33.

(8) Transfer of records. The
employer shall comply with the requirements concerning transfer of records
set forth in 29 CFR 1910.1020(h).

(ii) Whenever the employer ceases to do business and there is no
successor employer to receive and retain the records for the prescribed
period, the employer shall notify the Director at least 90 days prior to
disposal and, upon request, transmit them to the Director.

(p) Observation of monitoring
—(1) Employee observation. The
employer shall provide affected employees, or their designated
representatives, an opportunity to observe the measuring or monitoring of
employee exposure to MDA conducted pursuant to paragraph (f) of this
section.

(2) Observation procedures.
When observation of the measuring or monitoring of employee exposure to
MDA requires entry into areas where the use of protective clothing and
equipment or respirators is required, the employer shall provide the
observer with personal protective clothing and equipment or respirators
required to be worn by employees working in the area, assure the use of
such clothing and equipment or respirators, and require the observer to
comply with all other applicable safety and health procedures.

(q) Appendices. The information
contained in appendices A, B, C, and D of this section is not intended, by
itself, to create any additional obligations not otherwise imposed by this
standard nor detract from any existing obligation.

Appendix A to § 1926.60—Substance Data Sheet, for 4-4′
Methylenedianiline

Note: The
requirements applicable to construction work under this appendix A are
identical to those set forth in appendix A to § 1910.1050 of this
chapter.

Appendix B to § 1926.60—Substance Technical Guidelines,
MDA

Note: The
requirements applicable to construction work under this appendix B are
identical to those set forth in appendix B to § 1910.1050 of this
chapter.

Appendix C to § 1926.60—Medical Surveillance Guidelines
for MDA

Note: The
requirements applicable to construction work under this appendix C are
identical to those set forth in appendix C to § 1910.1050 of this
chapter.

Appendix D to § 1926.60—Sampling and Analytical Methods
for MDA Monitoring and Measurement Procedures

Note: The
requirements applicable to construction work under this appendix D are
identical to those set forth in appendix D to § 1910.1050 of this
chapter.

[57 FR 35681, Aug. 10, 1992, as amended at 57 FR 49649, Nov.
3, 1992; 61 FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996; 63 FR
1296, Jan. 8, 1998; 69 FR 70373, Dec. 6, 2004; 70 FR 1143, Jan. 5, 2005;
71 FR 16674, Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75588, Dec.
12, 2008; 76 FR 33611, June 8, 2011; 77 FR 17889, Mar. 26, 2012]

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concerning e-CFR programming and delivery issues, email [email-masked].

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