At any time that the concentration in any space reaches the level specified as hazardous by the fumigant manufacturer or by Table Z-1 of 29 CFR 1910.1000, whichever is lower, all employees shall be removed from the space and shall not be permitted to re-enter until such time as tests demonstrate that the atmosphere is safe.
Tests to determine the atmospheric concentration of chemicals used to treat cargo shall be:
Appropriate for the hazard involved;
Conducted by designated persons; and
Performed at the intervals necessary to ensure that employee exposure does not exceed the permissible exposure limit for the chemical involved.
Results of any tests shall be available for at least 30 days. Such records may be entered on any retrievable medium, and shall be available for inspection.
Chemicals shall only be applied to cargoes by designated persons.
Only designated persons shall enter hazardous atmospheres, in which case the following provisions apply.
Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirement of Subpart E of this part; and
Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precaution to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such a space.
Signs shall be clearly posted where fumigants, pesticides, or hazardous preservatives have created a hazardous atmosphere. These signs shall note the danger, identify specific chemical hazards, and give appropriate information and precautions including instructions for the emergency treatment of employees affected by any chemical in use.
In the case of containerized shipments of fumigated tobacco, the contents of the container shall be aerated by opening the container doors for a period of 48 hours after the completion of fumigation and prior to loading. When tobacco is within shipping cases having polyethylene or similar bag liners, the aeration period shall be 72 hours. The employer shall obtain a written warranty from the fumigation facility stating that the appropriate aeration period has been met.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 FR 5507, Feb. 13, 1996; 62 FR 40141, July 25, 1997; 65 FR 40938, June 30, 2000]