________________________________________ LYNN MARTIN, Secretary of Labor, ) United States Department of Labor, ) ) Complainant ) OSHRC Docket ) v. ) No. 90-1851 THRALL CAR MANUFACTURING, ) ) Respondent ) ________________________________________)
Complainant and Respondent (hereinafter the "Parties"), having reached a full and complete settlement of this matter under 29 C.F.R. 2200.100, state as follows:
1. The Occupational Safety and Health Review Commission (hereinafter the "Commission") has jurisdiction of this matter pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590, 29 U.S.C. 651 et seq.) (hereinafter the "Act").
2. Respondent, Thrall Car Manufacturing Company, Inc., is a corporation with its principal place of business in Chicago Heights, Illinois. At all times material to this proceeding, Respondent engaged in manufacturing railroad cars in its Chicago Heights location. During the course of its business, Respondent uses material and equipment which it receives from places located outside Illinois. Therefore, Respondent is an employer of employees and engaged in a business affecting commerce as defined in 29 U.S.C. (3), (5) and (6).
3. As a result of Complainant's Inspection No. 103206629, conducted on December 12, 1989 through May 4, 1990 at Respondent's Plant located at 2521 State Street, Chicago Heights, Illinois, Complainant, pursuant to Sections 8 and 9 of the Act, timely issued Citations and Notifications of Proposed Penalties to Respondent on June 1, 1990.
4. Respondent disagreed with the Citations and Notifications of Proposed Penalties and filed a timely Notice of Contest with Complainant. The Complainant timely transmitted the Notice of Contest to the Commission under Section 10(c) of the Act.
5. On October 12, 1990, Complainant filed its Complaint in these proceedings, incorporating by reference therein all the June 1, 1990 Citations and Notifications of Penalties.
1. Complainant agrees that Citations No. 2, Item 92a-b through 108a-b and 110-141 are hereby amended by changing the characterization of the violations to allege violations of Section 17 of the Act. Complainant also agrees that the Notifications of the Proposed Penalties for Citations Nos. 1-3 are hereby amended to a total proposed penalty of $200,000.
2. Respondent hereby withdraws its notice of contest to all citations and penalties, as amended by this Stipulation and Settlement Agreement (hereinafter the "Agreement"). Respondent will pay one-half of the amended penalty of $200,000 within thirty (30) days after the Agreement becomes a Final Order of the Commission. The remaining one-half of the amended penalty will be paid within six (6) months of the date of the first payment. Payments shall be submitted to Pat Clark, Director, Directorate of Compliance Programs, U.S. Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue, N.W., Room N-3469, Washington, D.C. 20210.
3. The Parties agree that the "Abatement Date" shall be sixty (60) days after the date of the execution of this Agreement by Respondent. Respondent has until the Abatement Date to complete its abatement of each item in Citation Nos. 1-3.
4. Because certain alleged violations cannot be abated due to the passage of time, the Complainant agrees not to issue citations to Respondent for any alleged violations of the hearing conservation requirements of 29 C.F.R. 1910.95(g), (h), (k) and (m) occurring prior to the Abatement Date at any of the facilities covered by this Agreement, as set forth in Appendix B. Similarly, Complainant agrees not to issue citations for any alleged violations of the respirator fit testing or general use requirements of 29 C.F.R. 1910.134(e)(5), 1910.134(a)(1) and 1910.1000(a)(3) occurring prior to the Abatement Date at the facilities covered by this Agreement.
5. The Parties agree that an order may be issued of record showing that Respondent has withdrawn its notice of contest and entering the citations and notification of proposed penalty, as amended, and this Agreement as a final order of the Commission.
6. Each party agrees to bear its own fees including attorneys' fees and other expenses incurred by such party in connection with any stage of this proceeding.
The Respondent agrees to abate the alleged violations by completing the actions set forth below. The Parties agree that the following items will be abated if Respondent does the following:
1. Hearing Conservation: Violations of 29 C.F.R. 1910.95(g)(6). a. Except to the extent already performed by Respondent subsequent to December 12, 1989, within sixty (60) days after the date of execution of this Agreement, Respondent shall conduct audiometric testing for those employees listed in Appendix A to this Agreement. Audiometric testing shall be in conformity with 29 C.F.R. 1910.95 and Appendix C.
b. In all facilities covered by this Agreement, Respondent shall implement a hearing conservation program under 29 C.F.R. 1910.95 for all employees whose noise exposures exceed an 8-hour time-weighted average of 85 decibels ("action level"). To this end, Respondent shall implement the hearing conservation program attached hereto as Appendix C.
c. Subject to the provisions of Paragraph II.4., above, in all facilities covered by this Agreement, Respondent shall comply with the requirements of 29 C.F.R. 1910.95(g), (h), (k), and (m).
d. The Parties agree that implementation of the above shall constitute abatement of Citation No. 2, Items 91a through 91c and Citation No. 3, Items 5 and 6.
2. Respiratory Protection: Violations of 29 C.F.R. 1910.134(e)(5).
a. Except to the extent already performed by Respondent subsequent to December 12, 1989, within sixty (60) days after the date of execution of this Agreement, Respondent shall conduct quantitative or qualitative respirator fit testing in conformity with 29 C.F.R. 1910.134(e)(5) and Appendix D for those employees listed in Appendix E to this Agreement.
b. In all facilities covered by this Agreement, Respondent shall implement a respiratory protection program under 29 C.F.R. 1910.134(b). To this end, Respondent shall implement the respiratory protection program attached hereto as Appendix D.
c. Subject to the provisions of paragraph II.4., above, in all facilities covered by this Agreement, Respondent shall comply with the requirements of 29 C.F.R. 1910.134(e)(5), 1910.134(a)(1), and 1910.1000(a)(3).
d. The Parties agree that implementation of the above will constitute abatement of Citation No. 2, Items 92a through 109g, 109i, 109j and 110-141.
3. All other violations: a. Respondent agrees to abate Item 109h of Citation No. 2 by installing a local exhaust ventilation system when employees weld inside enclosed hopper cars. Such system shall be substantially similar to the Cincinnati Fumemaster, Model 1000 S identified in Appendix F and shall consist of flexible tubing introduced into the interior of the enclosed railcar and connected to an exhaust fan to convey the air inside the car to the outside. The Parties agree that implementation of the above will constitute abatement of Citation No. 2, Item 109h.
b. Respondent agrees to abate Item 6 of Citation No. 1 by providing ear muffs with quality foam cushions or liquid filled cushions in accordance with Appendix G whenever ear muffs are worn with eyeglasses or safety glasses. Ear muffs will be inspected periodically to ensure that ear muff cushions are not permitted to become stiff and brittle and remain in good condition and Respondent will supervise for the correct use of all ear protection consistent with Appendix G. The parties agree that implementation of the above will constitute abatement of Citation No. 1, Item 6.
4. This Agreement was negotiated and executed by the Complainant and Respondent in good faith to avoid further expensive and protracted litigation and is a settlement of claims that were vigorously contested, denied and disputed as to validity and amount. By agreeing to implement abatement procedures at the facilities set forth in Appendix B and by entering into this Agreement, Respondent does not admit any wrongdoing or violation of the Act or any regulation or standard issued pursuant thereto at any of its facilities covered by this Agreement. It is further agreed that the terms of this Agreement will not constitute an admission of any kind by either party in any proceeding before any court, agency, commission or any other body in any action arising from, growing out of, or related to the allegations in the Complaint or citations, and all such allegations and conclusions are expressly denied by Respondent. Accordingly, with the exception of this proceeding and any other proceeding under the OSHA Act, this Agreement shall not be admissible in evidence in any other proceeding or used by any person for any other purpose whatsoever. Similarly, neither Respondent's performance or non-performance under this Agreement, nor the act of entering into this Agreement, shall serve as a bar or constitute a waiver of any legal right or defense Respondent may have in any other proceeding. However, nothing contained herein shall be construed to limit or otherwise impair the use or enforceability of this Agreement by the Secretary in any subsequent proceeding under the OSH Act.
Wherefore, the Parties agree that under the above-noted conditions the matter docketed before the Commission as OSHRC Docket No. 90-1851 is hereby settled.
DATED: August 14, 1991. THRALL CAR MANUFACTURING, Secretary of Labor, Respondent U.S. Department of Labor By__________________________ _______________________ ALAN McMILLAN Its_________________________ Deputy Assistant Secretary of Labor, Occupational Safety and Health DAVID FORTNEY Deputy Solicitor of Labor JOHN H. SECARAS Regional Solicitor ALLEN H. BEAN Counsel for Occupational Safety and Health ___________________________ ________________________ MICHAEL F. DOLAN, Esq. RONALD L. BARSON BRENT I. CLARK, Esq. Attorney ELLEN D. GREGORY, Esq. Seyfarth, Shaw, Fairweather Attorneys for Lynn Martin, and Geraldson Secretary of Labor, United States Attorneys for Respondent Department of Labor, Complainant 1959g APPENDIX A Name Clock # Aleman, M.A. 1071 Artega, M. 390 Barrett, J. Barron, K. 303 Bodine, D. 1433 Bohannan, S. 213 Boykins, T. 856 Brown, D. 346 Butler, L. 945 Camilleri, S. 758 Camilleri, T. 127 Carnell, F. 1049 Carney, C; 825 Carter, C. 11 Carter, C. 1136 Charles, M. 1332 Cole, E. 395 Colley, L. 922 Colon, O. 332 Conley, T. 255 Crowley, T. 730 Cruz, R. 809 Delvecchio, C. 761 Delvechio, J. 126 Devalle, J. 49 Dillingham, H. 567 Dismore, C. 1068 Doran, J. 86 Edwards, R. 493 Fanello, E. 1350 Fosco, D. 447 Frigo, G. 1599 Fuller, R. 843 Garcia, R. 140 Garrett, C. 462 Gibbs, K. 485 Grasper, W. 117 Guerra, E. 207 Guy, J. 185 Gwizdalski, J. 188 Han, C. 1022 Harford, A. 549 Harndon, P. 322 Harris, S. 429 Hourihan, M. 800 Ingram, R. 875 Johnson, A. 25 Jones, J. 984 Kale, D. 220 Kelly, R. 384 Layne, C. 617 Lefkakis, A. 437 Leitch, G. 777 Luna, L. 736 McClure, D. 698 Meeks, D. 659 Meeks, R. 948 Merchant, R. 786 Montgomery, H. 193 Murillo, A. 484 Nester, J. 525 Oakes, D. 1140 Packard, A. 631 Patterson, L. 860 Pelletier, R. 871 Perkins, C. 278 Perry, R. 402 Ramirez, D. 370 Ready, K. 844 Rivas, E. 900 Schultze, R. 133 Senesac, R. 865 Sharp, D. 376 Smith, C. 176 Stanisich, P. 707 Tapia, H. 882 Taylor, M. 619 Unhoch, E. 746 Vieryra, B. 1443 Wadding, J. 1024 Wells, L. 663 Williams, A. 1457 Williams, C. 84 Williams, D. 1039 Williams, E. 1050 Williams, F. 75 Wren, J. 679 Zambrano, R. 247 Zambrano, J. 380 Zarate, A. 1489 Appendix B THRALL CAR MANUFACTURING COMPANY, INC. FACILITIES 2521 State Street Chicago Heights, Illinois 60411 190 Old Grassdale Road Cartersville, Georgia 30120 26th Street and Wallace Street Chicago Heights, Illinois 60411 P.O. Box 271 Clinton, Illinois 61727 Highway 29 East Winder, Georgia 30680
The purpose of the Hearing Conservation Program shall be the protection of employees hearing and to comply with OSHA 29 CFR 1910.95. The following are the components of the program.
I. All employees working in the following areas:
A. Plant #1 except Paint Shop and outdoors.
B. Plant #2 Production Bays.
C. Plant #2 Fabrication.
D. All employees temporarily assigned to these areas.
E. All employees exposed above the action level set forth in 1910.95.
NOTE: Any employee, regardless of their area of assignments, while passing through any of the above designated areas must wear hearing protection.
A. Noise levels will be monitored as production conditions vary with the following considerations:
1. Sampling strategy shall be designed to identify employees that should be included in the program.
2. Sampling strategy shall require individual employee sampling if employees are required to be highly mobile in their occupations.
3. Monitoring will be repeated whenever a change in production, process equipment or controls increases noise exposures to the extent that:
a. Additional employees may be exposed at or above the action level.
b. The attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet the requirements of 1910.95(j).
III. Employee Notification
A. Employees will be notified as to the results of noise monitoring in writing within 20 days of receipt of the results.
IV. Observation of Monitoring
A. The affected employees or the Union will be notified of any noise monitoring and shall be offered the opportunity to observe the noise measurements.
V. Audiometric Testing Program Criteria
A. Audiometric testing shall be provided at no cost to the employee.
B. Tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician who is certified by the Council of Accreditation in Occupational Hearing Conservation or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms and properly using, maintaining, calibrating and checking the proper function of the audiometer.
C. Baseline audiograms will be taken within six (6) months of the employee's first noise exposure at or above the action level.
D. Baseline audiograms shall be preceded by at least fourteen (14) hours without noise exposure. Hearing protectors will be used as a substitute for the requirement that baseline audiograms be preceded by 14 hours without exposure to workplace noise.
E. Employee will be notified prior to the hearing test to avoid high levels of non-occupational noise exposure during the fourteen (14) hour period prior to the examination.
F. At least annually after obtaining the baseline audiogram, a new audiogram shall be obtained for each employee exposed at or above an eight (8) hour time weighted average of eighty-five (85) dBA.
G. Each employee's audiogram shall be compared to that employee's baseline audiogram to determine if the audiogram is valid and if a standard threshold shift has occurred.
1. If a standard threshold shift has occurred, the employee may be retested in thirty (30) days and the company may consider results of the retest as the annual audiogram.
2. The audiologist, otolaryngologist or physician shall review problem audiograms and shall determine whether there is a need for further evaluation. The company will provide the person performing this evaluation the following information:
a. A copy of OSHA 1910.95.
b. The baseline audiogram and most recent audiogram of the employee to be evaluated.
c. Measurements of background sound pressure levels in the audiometric test room.
d. Records of audiometer calibrations.
VI. Follow-Up Procedures
A. If a comparison of the annual audiogram to the baseline audiogram indicates a standard, the employee shall be notified in writing within twenty-one (21) days of this determination.
B. Unless a physician determines that the standard threshold shift is not work related or aggravated by occupational noise exposure, the company shall ensure the following when a standard threshold shift occurs:
1. Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them.
2. Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors and provided with hearing protectors providing a greater degree of attenuation if necessary.
3. The employee shall be referred for a clinical audiological evaluation or an otological examination as appropriate; if additional testing is necessary or if the company suspects a medical pathology of the ear is caused or aggravated by the wearing of hearing protection.
4. The employee shall be informed of the need for an otological examination if a medical pathology of the ear unrelated to the use of hearing protectors is suspected.
5. If subsequent audiometrics testing indicates that a standard threshold shift is not persistent, the company shall:
a. Inform the employee of the new audiometric interpretation.
b. The company may discontinue the required use of hearing protectors for that employee.
6. Revised Baseline
a. An annual audiogram may be substituted for the baseline audiogram when, in the judgment of the audiologist, otolaryngologist or physician who is evaluating the audiogram:
1) A standard threshold shift revealed by the audiogram is persistent; or
2) The hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram.
b. A standard threshold shift is a change in hearing threshold relative to the baseline audiogram of an average of 10 DB or more at 2,000, 3,000, and 4,000 HZ in either ear.
c. An allowance may be made for the contribution of aging (prebycusis) to the change in hearing level.
7. Audiometric Test Requirements
a. Audiometric tests shall be pure tone, air conduction, hearing threshold examinations with test frequencies including as a minimum 500, 1,000, 2,000, 3,000, 4,000, and 6,000 HZ. Tests at each frequency shall be taken separately for each ear.
b. Audiometric tests shall be conducted with audiometers (including microprocessor audiometers) that meet the specifications of, and are maintained and used in accordance with American National Standard Specification for Audiometers, S3.6-1969.
c. Pulsed-tone and self-recording audiometers, if used, shall meet the requirements specified in Appendix C to 29 C.F.R. 1910.95.
d. Audiometric examinations shall be administered in a room meeting the requirements listed in Appendix D to 29 C.F.R. 1910.95.
e. Audiometer calibration shall be checked before each day's use by testing a person with known, stable hearing thresholds and by listening to the audiometer's output to make sure that the output is free from distorted or unwanted sounds. Deviations of 10 decibels or greater require an acoustic calibration.
f. Audiometer calibration shall be acoustically checked at least annually. Test frequencies below 500 HZ and above 6,000 HZ may be omitted from this check. Deviations of 15 decibels or greater require an exhaustive calibration.
g. An exhaustive calibration shall be performed at least every two (2) years in accordance with sections 4.1.2, 4.1.3, 188.8.131.52, 4.2, 4.4.1, 44.3 and 4.5 of the American National Standard specification for Audiometers, 53.6-1969. Test frequencies below 500 HZ and above 6,000 HZ may be omitted from this calibration.
8. Hearing Protectors
a. Hearing protectors will be made available to all employees exposed to an eight (8) hour time weighted average of eighty-five (85) decibels or greater at no cost to the employees. Hearing protectors shall be replaced as necessary at no cost to the employee.
b. The company shall ensure that hearing protectors are worn:
1. By an employee who works in an area that hearing protection is required by 1910.95.
2. By an employee who is exposed to an eight (8) hour time weighted average of eighty-five (85) decibels or greater.
3. By an employee who has not yet had a baseline audiogram.
4. By an employee who has experienced a standard threshold shift.
5. A variety of suitable hearing protectors will be made available.
6. Training in the use and care of hearing protectors will be provided.
7. The company shall ensure proper initial fitting and supervision over correct use.
9. Hearing protector Attenuation
a. Hearing protector attenuation will be evaluated for the specific noise environments in which the protector will be used.
b. Hearing protectors will be provided that attenuate employee exposure at least to an 8-hour time-weighted average of 90 decibels.
c. For employees who have experienced a standard threshold shift, hearing protectors will be provided that attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or below.
d. The adequacy of hearing protector attenuation shall be re-evaluated whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. More effective hearing protectors will be provided where necessary.
10. A Training Program
a. An annual training program shall be instituted and required for employees who are exposed to noise at or above an eight (8) hour time weighted average of eighty- five (85) decibels. If necessary, information will be provided in the training program that is consistent with changes in protective equipment and work processes.
b. Each employee will be informed of the following:
1) The effects of noise on hearing.
2) The purpose of hearing protectors, the advantages, disadvantages and attenuation of various types, and instructions in selection, fitting, use and care.
3) The purpose of audiometric testing, and an explanation of test procedures.
4) The program will be repeated annually for employees included in the hearing conservation program.
11. Access to Information and Training Material
a. A copy of OSHA 1910.95 shall be made available to each affected employee or their representative and a copy shall also be posted in the workplace.
b. Any informational materials pertaining to the standard supplied to the employer by the Assistant Secretary of Labor will be provided to affected employees.
c. All materials related to the training and education program will be made available, upon request, to the Assistant Secretary and Director OSHA.
12. Recordkeeping Shall Be Done in Accordance with 1910.95(m)
a. An accurate record of all employee exposure measurements shall be kept.
b. All employee audiometric test records obtained shall be retained. This record shall include:
1) Name and job classification of employee.
2) Date of audiogram.
3) Examiner's name.
4) Date of last acoustic or exhaustive calibration of audiometer.
5) Employee's most recent noise exposure assessment.
6) Accurate record of measurements of background sound pressure levels in audiometric test rooms.
c. Record retention.
1) Noise exposure measurement records shall be retained for two (2) years.
2) Audiometric test records shall be retained for the duration of the affected employee's employment.
13. Access to Records
a. All records required to be kept by 29 C.F.R. 1910.95 shall be provided upon request to employees, former employees, representatives designated by the individual employee, and the Assistant Secretary of Labor (or as otherwise required by law).
Listed below are the mandatory procedures regarding hearing protection.
Various types of hearing protection are provided by Thrall Car; furthermore, the only types of hearing protection allowed are the sound bands and ear muffs (the approved hearing protection is listed below). No other form of hearing protection is acceptable. Proper use of these hearing protection devices includes, but is not limited to, the following.
A. Wilson Model #20 (yellow band/blue pods)
B. H.S.L. & Assoc. #QB2 (blue band/orange cylinders)
C. Ear Carboflex (blue band/yellow cylinders)
1. The tip should be placed gently into the ear canal to ensure a proper seal.
2. The band must be worn underneath the chin, not behind the head.
3. Hearing protection is not to be worn over hard hat liners.
4. Tips of the sound band cannot be altered. The level of hearing protection is greatly reduced if tips are altered.
5. Bands must not be altered by heating or excessive bending. The level of hearing protection is greatly reduced if the bands are bent, heated, or altered in any way.
6. Thrall Car Manufacturing Company shall ensure that its employees keep the protector tips clean. Tips can be cleaned with soap and water.
7. The additional manufacturer's instructions printed on the package that the hearing protection comes in shall be observed.
8. Disposable hearing protection is not acceptable at Thrall Manufacturing Company.
A. H.S.L. & Assoc. #QM-23 (black band/yellow muffs)
B. Peltor (wire band/tan muffs)
1. Bands on ear muffs must not be bent or heated to reduce tension. Doing so will reduce their effectiveness.
2. Ear muffs are not to be worn over hard hat liners. This reduces their effectiveness.
3. Ear muffs are not to be placed on the edge of hard hats when not in use. Doing so will develop a crease in the foam and allow noise to leak through, thus reducing the muff`s effectiveness.
4. Foam on the inside surfaces of the muff must not be removed.
5. Thrall Car Manufacturing Company shall ensure that the employees keep their hearing protection clean. It can be cleaned with soap and water.
6. The additional manufacturer's instructions shall be observed.
7. Disposable hearing protection is not acceptable at Thrall Car Manufacturing Company.
NOTE: ALL EMPLOYEES ARE REQUIRED TO WEAR HEARING PROTECTION ON THE JOB AT ALL TIMES. THIS INCLUDES ALL EMPLOYEES AT PLANT # (EXCEPT PAINT SHOP), BUT INCLUDES SANDBLASTERS, PLANT #2 FABRICATION, NORTH BAY, SOUTH BAY, LAYOUT, AND SANDBLAST. ALSO, HEARING PROTECTION IS NECESSARY ON THE REPAIR TRACK WHEN PERFORMING NOISY OPERATIONS SUCH AS AIR ARCING, GRINDING, EXCESSIVE HAMMERING, OR WHEN HAVING TO WORK AROUND PORTABLE EQUIPMENT, SUCH AS GASOLINE POWERED WELDING MACHINES, GENERATORS, OR MACHINES SUCH AS THE STAR-WHEELED NON-SKID REMOVING MACHINE.
A. The purpose of this section is to communicate the requirements of OSHA 29 CFR 1910.134 and other applicable standards that apply to respiratory protection.
B. References used for preparation:
1. OSHA 1910.134
2. National Safety Council, 6th and 7th Edition, Accident prevention Manual for Industrial Operations
3. National Safety Council Fundamentals of Industrial Hygiene
C. In the control of atmospheres contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to eliminate or prevent those conditions which cause contamination. To a certain extent, this is accomplished by engineering controls. However, when engineering controls become infeasible, or while they are being instituted, appropriate respirators should be used.
A. Superintendent shall be responsible for administering the respiratory program. Cooperative efforts of all levels of management, supervisory personnel, and the individual employee are necessary for an effective program.
B. It is the responsibility of each supervisor to maintain a work environment that insures the maximum safety for employees. This includes making sure that the proper respiratory protective equipment is used, instruction given in its proper use, and enforcing the wearing of such equipment. Supervisors shall be adequately trained in the program for the instruction of employees.
C. All employees should be aware of the following:
1. A defective respirator does nothing to reduce the hazard in the atmosphere.
2. An improperly fitted or worn respirator cannot be 100% effective.
3. If the respirator fails to provide protection, there may be an immediate over exposure to the hazard.
4. Using the wrong respirator is as useless as wearing none.
III. Airborne Contaminant Method of Entry
A. Through the digestive system, where it can be absorbed and picked up by the bloodstream.
B. Through skin absorption. Direct skin contact with chemical agents should be avoided to prevent skin irritation or the possibility of systemic poisoning. The proper use of protective clothing and personal caution on the part of the employee will reduce the possibility of skin absorption when dealing with air contaminants.
C. Through the respiratory system, when air is inhaled during the breathing process, respiratory protective equipment can efficiently eliminate air contaminants from entering the body through the inhalation and digestive systems.
IV. Classification of Respiratory Equipment
A. Air Purifying Devices - These devices filter out or remove contaminants from the air that is drawn through them. Examples are:
1. Mechanical filter respirators;
2. Chemical cartridge respirators;
3. Combination of (1) and (2) above.
B. Supplied Air Devices - These devices supply air through a hose from a source that is remote from the wearer. Examples are:
1. Air line respirators with breathing air tanks;
2. Air line respirators with a compressor, a non- emergency device.
C. Self-Contained Breathing Apparatus - These devices supply breathing air from a source that is carried by the wearer. An example is -- Open system, where oxygen or breathing air comes from tanks and exhaled breath is vented to the atmosphere.
V. Guidelines for Respirator Selection
A. Selecting the proper respirator for any given situation demands the following be taken into consideration.
1. Type and concentration of exposure.
2. Duration of hazard.
3. Work requirements and conditions.
4. Characteristics and limitations of the respirators.
5. Medical limitations of employees required to wear the respirator.
VI. Oxygen Deficient Atmospheres
A. Oxygen concentrations below 19.5% (by volume) are considered unsafe for human exposure because of harmful effects on bodily functions, coordination and mental processes. The first signs of oxygen deficiency are:
1. Increased rate of breathing.
2. Increased depth of breathing.
Oxygen concentrations less than 16% by volume cause:
2. Rapid heart beat.
Oxygen deficient atmospheres may cause an inability to move and semiconscious lack of concern about work surroundings.
In cases of sudden entry into an area containing little or no oxygen, the individual usually has no warning symptoms, but is quick to lose consciousness, and has no recall of the event if rescued and revived. Senses cannot be relied upon to alert or warn one of atmosphere that is deficient in oxygen.
Remember that oxygen deficiency can occur in a confined space by:
1. Displacement of air by vapors or gases.
2. Oxidation processes such as rusting, fire, bacterial action, etc.
VII. Protective Equipment for Oxygen Deficient Atmospheres
A. Only self-contained breathing apparatus shall be used in atmospheres deficient in oxygen.
Self-contained breathing apparatus are classified into the following two basic types:
1. Self-Contained Breathing Device (Demand Type) -- The wearer breathes air through a cylinder usually carried on the wearer's back. A negative pressure develops inside the facepiece during inhalation.
2. Self-Contained Pressure Demand Respirators -- Maintains a slight positive pressure in the facepiece to prevent leakage of the surrounding air into the mask or facepiece.
VIII. Protective Equipment for Contaminated Atmospheres with Adequate Oxygen
A. Mechanical Filter Respirator -- Consists of soft resilient facepiece to which is attached a fibrous material which removes harmful particles by physical trapping.
B. Combination Respirator -- Utilizes dust, mist or fume filters with a chemical cartridge for dual or multiple exposures.
C. Chemical Cartridge Respirator -- Afford protection against limited concentration of certain acid gases, alkaline gases, or organic vapors.
IX. Supplied Air Hoods and Airline Respirators
1. Air line respirators and hoods shall be used in atmospheres not immediately dangerous to life and health.
2. Where air is supplied by an oil lubricated compressor, the source air line is required to have an in-line solvent bed, filters, a compressor alarm, a high temperature heat alarm, and a carbon monoxide alarm.
X. Medical Considerations
Pre-employment or return to work medical examinations shall be performed and shall provide sufficient information to determine if an individual is able to wear a respirator.
A. Every user of respiratory protective equipment must be properly instructed as follows:
1. Nature of the Hazard -- The Material Safety Data Sheet(MSDS) for the hazard is a useful tool for this instruction.
2. Instruction of the capabilities and limitations of the respirator.
B. Facepiece Fitting and Test
1. Negative Pressure Test -- Close the inlet opening of the canister or cartridge(s) with the palm of the hand or by replacing the seal(s). Inhale gently so the facepiece collapses slightly, and hold breath for ten seconds. If the facepiece remains in the slightly collapsed position and no inward leakage of air is detected, the fit is probably satisfactory.
2. Positive Pressure Test -- Close the exhalation value and exhale gently into the facepiece. The fit is considered satisfactory if a slight positive pressure can be built up inside the facepiece without any evidence of outward leakage of air.
XII. Maintenance and Care
A. This program shall include, but not be limited to, the following:
1. Inspection for defects.
2. Cleaning and disinfecting.
5. Overall maintenance.
XIII. Glossary of Terms
Aerosol -- Fine liquid droplets of solid particles that remain dispersed in the air for a period of time.
Airline Respirator -- A respirator attached to an air line or hose whereby respirable air is supplied to the wearer by means of a flow control valve, orifice or diaphragm to govern the rate of air flow. (The exhaled air is vented to the atmosphere.)
Breathing Tube -- A tube through which air or oxygen flows to the facepiece, helmet or hood.
Cartridge -- A small circular canister. Cartridges are approved for use in concentrations of contaminants less than 0.1% or 1000 parts per million, by volume.
Chemical Cartridge Respirator -- A respirator usually consisting of a half mask facepiece connected to one or two cartridges. Half-mask may be used in conditions not immediately dangerous to life or health, provided no skin or eye hazard exists, and the concentration of the air contaminant does not exceed ten (10) times the hazard level.
Dust -- Mechanically produced solid particles in the air usually ranging in size from 0.1 microns to 25 microns.
Fog -- A mist of sufficient concentration to obscure vision.
Fumes -- Solid particles generated by condensation from the gaseous state, generally after volatilization of molten metals.
Gases -- Fluids that have neither independent shape or volume, and can be changed to the liquid or solid state only by the combined effect of pressure and temperature.
Mechanical Filter Respirator -- A half-mask or full face air purifying respirator with a filter usually consisting of cellulose or felt to trap particulate matter.
Mist -- Liquid condensation particles ranging in size from 0.1 to 10 microns in diameter.
Non-Emergency Respirator -- A device designed to provide protection against atmospheres which are not immediately dangerous to life or health.
Nuisance Dust -- A dust not considered a direct contributable factor in lung disease.
Oxygen Deficiency -- Anywhere the oxygen concentration is below that level considered safe for human exposure (not less than 19.5%).
Vapors -- The gaseous form of substances which are normally in the solid or liquid state at room temperature and pressure.
TO: Employees Required to Wear Respirators
SUBJECT: Respirator Usage and Cleaning/Maintenance
Listed below are the procedures regarding the usage and cleaning/maintenance of respirators which are mandatory at once:
1. The employee receives his respirator from his supervisor at the start of each shift.
2. Remove the respirator from the plastic bag and place the plastic cradle suspension on your head. Adjust the elastic straps attached to the cradle straps, so that the facepiece rests on the face with the narrow end on the bridge of the nose.
3. Adjust position of facepiece so that your chin rests in the chincup, and fasten the lower headstrap around neck.
4. Adjust both headbands from facepiece ends, gradually, starting with the lower one, until light but firm, equal pressure is exerted on your face. Generally, only light pressure on face is required to make a seal.
5. Test for proper seal as follows:
a. Cover opening in the exhalation valve with palm of hand.
b. Exhale gently into facepiece until slight but definite pressure is felt. If leakage is detected, adjust tension of headband to area of respirator where leakage occurs. Retest. Do not blow into facepiece to test.
6. If you experience any problems with your respirator, contact your supervisor immediately. Beards, mustaches, and sideburns may not be worn if they prevent a proper seal.
7. You are now ready to work with your respirator on.
NOTE: Leave area immediately and take your respirator off if breathing becomes difficult, dizziness or other distress occurs, or you taste or smell contaminants. Notify your supervisor immediately. Never alter or modify the facepiece, cartridges or filters. Refer to manufacturer's instructions.
8. At the end of your shift put your respirator back into the plastic bag and turn it in to your supervisor. Maintenance and cleaning will be done on your respirator.
APPENDIX E Name Clock # Aleman, M.A. 1071 Bodine, D. 1433 Boykins, T. 856 Camilleri, S. 758 Camilleri, T. 127 Carnell, F. 1049 Clarke, R. 1714 Crowley, T. 730 Cruz, R. 809 Delvecchio, C. 761 Delvechio, J. 126 Fuller, R. 843 Graves, M. 1696 Guerra, E. 207 Harford, A. 549 Harris, S. 429 Ingram, R. 875 Jones, J. 984 Luna, L. 736 McClure, D. 698 Meeks, R. 948 Morgan, C. 1688 Murillo, A. 484 Peralta, V. 1683 Robinson, J. 1865 Schultze, R. 133 Senesac, R. 865 Stiegel, C. 430 Tapia, H. 882 Vieryra, B. 1443 Williams, A. 1457 Zambrano 380