OSHA Instruction CPL 2.36B CH-1 May 16, 1994 Office of General Industry Compliance Assistance

Subject: Changes to the Agriculture Standard Alleged Violation Elements (SAVEs) Manual

A. Purpose. This instruction transmits revised and new pages to the Agriculture SAVEs Manual for Cadmium.

B. Scope. This instruction applies OSHA-wide.

C. Action. Regional Administrators and Area Directors shall ensure that all compliance personnel:

1. Make the following page changes to the Agriculture (SAVEs) Manual.

Insert Pages

7 through 66

2. File a copy of this transmittal sheet behind OSHA Instruction CPL 2.36B in the appropriate OSHA Directives System binder.

D. Background. 29 CFR 1928.1027 Occupational Exposure to Cadmium Final Rules were published in the Federal Register, April 23, 1993, Vol. 58, No.77.

E. State Plan States. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

H. Berrien Zettler, Deputy Director Directorate of Compliance Programs

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

1 29 CFR 1928.1027(c): The employer did not ensure that no employee was exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 ug/m(3)), calculated as an eight-hour time-weighted average exposure (TWA):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(d)(1)(i): Each employer of a workplace or work operation covered by this standard did not determine if any employee could be exposed to cadmium at or above the action level:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(d)(1)(ii): Determination of employee exposure was not made from breathing zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(d)(1)(iii): The employer did not determine the eight-hour TWA exposures to cadmium for each employee on the basis of one or more personal breathing zone samples reflecting full shift exposure on each shift, for each job classification, in each work area, length and duration:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: Where level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all the employees in order to meet this requirement.

7

1 29 CFR 1928.1027(d)(2)(i): The employer did not monitor employee exposures to cadmium and did not base initial determinations on the monitoring results:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: Review initial monitoring exceptions as provided in 29 CFR 1928.1027(d)(2)(ii) and 29 CFR 1928 .1027(d)(2)(iii).

OPTION 1 2 29 CFR 1928.1027(d)(3)(i): When the initial monitoring or periodic monitoring revealed employee exposures to be at or above the action level, the employer did not monitor at a frequency and pattern needed to represent the levels of exposure of employees:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(d)(3)(i): When the initial monitoring or periodic monitoring revealed that employee exposures were above the PEL, the employer did not monitor at a frequency and pattern needed to ensure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 4 29 CFR 1928.1027(d)(3)(i): When the initial monitoring or periodic monitoring revealed that employee exposures were at or above the action level or PEL, the employer did not continue exposure monitoring at least every six months:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

8

OPTION 4 1 29 CFR 1928.1027(d)(3)(i): When the initial monitoring or periodic monitoring revealed employee exposures were at or above the action level or PEL, the employer, at a minimum, did not continue the semi-annual measurements until the conditions in 29 CFR 1928.1027(d)(3)(ii) were met:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(d)(4): The employer did not institute the exposure monitoring required by 29 CFR 1928.1027(d)(2)(i) and 29 CFR 1928.1027(d)(3) when there had been a change in the raw materials, equipment, personnel, work practices, or finished products that could result in additional employees being exposed to cadmium at or above the action level or in employees already exposed to cadmium at or above the action level being exposed above the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(d)(4): The employer did not institute the exposure monitoring required by 29 CFR 1928.1027(d)(2)(i) and 29 CFR 1928.1027(d)(3) when there had been a change that provided the employer a reason to suspect that additional employees were being exposed to cadmium at or above the action level or a reason to suspect that employees already exposed at or above the action level were now being exposed above the PEL:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

9

OPTION 1 1 29 CFR 1928.1027(d)(5)(i): Within 15 working days after the receipt of the results of any monitoring under this section, the employer did not notify each affected employee individ- ually in writing of the results:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(d)(5)(i): Within 15 working days after the receipt of the results of any monitoring under this section, the employer did not post the results of the exposure monitoring in an appropriate location that was accessible to all affected employees:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.1027(d)(5)(ii): Whenever the monitoring results indicated that employee exposure exceeded the PEL, the employer did not include in the written notice a statement that the PEL had been exceeded:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1928.1027(d)(5)(ii): Whenever the monitoring results indicated that employee exposure exceeded the PEL, the employer did not include in the written notice a description of the corrective action being taken by the employer to reduce employee exposure to or below the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

10

1 29 CFR 1928.1027(d)(6): The employer did not use a method of monitoring and analysis that had an accuracy of not less than plus or minus 25 percent (+/- 25%), with a confidence level of 95 percent, for airborne concentrations of cadmium at or above the action level, the permissible exposure limit (PEL), and the separate engineering control air limit (SECAL):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium was, or could reasonably have been expected to be, in excess of the permissible exposure limit (PEL):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(e)(2): Regulated areas established for exposure to airborne concentrations of cadmium were not demarcated from the rest of the workplace in a manner that adequately establishes and alerts employees of the boundaries of the regulated area:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(e)(3): Access to regulated areas established for exposure to airborne concentrations of cadmium, was not limited to authorized persons:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

11

1 29 CFR 1928.1027(e)(4): Each person entering a regulated area established for exposure to airborne concentrations of cadmium, was not supplied with and required to use a respirator, selected in accordance with 29 CFR 1928.1027 (g)(2):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(e)(5): The employer did not ensure that employees did not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, established for exposure to airborne concentrations of cadmium, carry the products associated with these activities into regulated areas, or store such products in those areas:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(f)(1)(i): The employer did not implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: Review exceptions in 29 CFR 1928.1027 (f)(1)(ii), 29 CFR 1928.1027(f)(1)(iii) and 29 CFR 1928.1027(f)(1)(iv).

4 29 CFR 1928.1027(f)(1)(ii): In industries where a separate engineering control air limit (SECAL) had been specified for particular processes, the employer did not implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the SECAL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: See Table 1 in 29 CFR 1928.1027(f)(1)(ii).

12

OPTION 1 1 29 CFR 1928.1027(f)(1)(iv): Whenever engineering and work practice controls were required and were not sufficient to reduce employee exposure to or below the PEL, or where applicable, the SECAL, the employer did not implement such controls to reduce exposures to the lowest levels achiev- able:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(f)(1)(iv): Whenever engineering and work practice controls were required and were not sufficient to reduce employee exposure to or below the PEL, the employer did not supplement such controls with respiratory protection that complied with the requirements of 29 CFR 1928.1027(g):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(f)(1)(v): The employer used employee rotation as a method of compliance to reduce and maintain employee exposure to cadmium at or below the PEL or, where applicable, the SECAL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(f)(2)(i): When the PEL was exceeded, the employer did not establish and implement a written compli- ance program to reduce employee exposure to cadmium to or below the PEL by means of engineering and work practice controls, as required by 29 CFR 1928.1027(f)(1):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

13

OPTION 2 1 29 CFR 1928.1027(f)(2)(i): To the extent that engineering and work practice controls did not reduce employee exposures to cadmium to or below the PEL, the employer did not include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(f)(2)(ii)(A): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a description of each operation in which cadmium was emitted:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: Examples - machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures, and maintenance practices:

3 29 CFR 1928.1027(f)(2)(ii)(B): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a description of the specific means that would be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure, as well as, where necessary, the use of appropriate respiratory protection to achieve the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(f)(2)(ii)(C): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a report of the technology considered in meeting the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

14

1 29 CFR 1928.1027(f)(2)(ii)(D): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include air monitoring data that document the sources of cadmium emissions:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(f)(2)(ii)(E): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(f)(2)(ii)(F): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a work practice program that includes items as required by 29 CFR 1928.1027(h), 29 CFR 1928.1027(i), and 29 CFR 1928.1027(j):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(f)(2)(ii)(G): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL did not include a written plan for emergency situations, as specified in 29 CFR 1928.1027(h):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

15

1 29 CFR 1928.1027(f)(2)(ii)(H): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL was devoid of other relevant informa- tion:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(f)(2)(iii): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL was not reviewed and updated at least annually, or more often if necessary, to reflect significant changes in the employer's compliance status:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(f)(2)(iv): The employer's written compliance program to reduce employee exposure to cadmium to or below the PEL was not provided upon request for examina- tion and copying to affected employees and designated employee representatives:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(f)(3)(i): When mechanical ventilation was used to control employee exposure to cadmium, measurements that demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure were not made as necessary to maintain its effectiveness:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

16

1 29 CFR 1928.1027(f)(3)(ii): When mechanical ventilation was used to control employee exposure, measurements of the system's effectiveness in controlling exposure were not made as necessary within five working days of any change in production, process,or control that might result in a significant increase in employee exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(f)(3)(iii): Air from exhaust ventilation was recirculated into the workplace and the system did not have a high efficiency filter (HEPA) and was not monitored to assure effectiveness:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(f)(3)(iv): Procedures were not developed and implemented to minimize employee exposure to cadmium when maintenance of ventilation systems and changing of filters had been conducted:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(g)(1): Where respirators were required,the employer did not provide them at no cost to the employee, and did not ensure that they were used in compliance with the requirements of this section:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

17

1 29 CFR 1928.1027(g)(1)(i): The employer did not ensure that respirators provided to the employees were used during the time period necessary to install or implement feasible engineering and work practice controls, where exposure levels to cadmium exceeded the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(g)(1)(ii): The employer did not ensure that respirators provided to the employee were used in those maintenance and repair activities where cadmium exposures exceeded the PEL and engineering and work practice controls was not feasible or were not required:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(g)(1)(iii): The employer did not ensure that respirators provided to the employee were used in regulated areas established for cadmium exposures, as prescribed in 29 CFR 1928.1027(e):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(g)(1)(iv): The employer did not ensure that respirators were used where the employer had implemented all feasible engineering and work practice controls and such controls were not sufficient to reduce employee cadmium exposures to or below the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1928.1027(g)(1)(v): The employer did not ensure that respirators were used in emergencies involving cadmium exposures:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

18

1 29 CFR 1928.1027(g)(1)(vi): When an employee was exposed to cadmium at or above the action level, the employer did not provide a respirator when requested by the employee:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(g)(1)(vii): Respirators were not used whenever an employee was exposed to cadmium above the PEL in an industry to which a separate engineering control airborne limit (SECAL) was applicable:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(g)(1)(viii): Respirators were not used whenever an employee was exposed to cadmium above the PEL and engineering controls were not required under 29 CFR 1928.1027(f)(1)(iii):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(g)(2)(i): Where respirators were required the employer did not select and provide the appropriate respirator as specified in Table 2, "Respiratory Protection For Cadmium", as required under 29 CFR 1928.1027(g)(2)(i):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 5 29 CFR 1928.1027(g)(2)(i): The respirators selected by the employer were not among those jointly approved as acceptable protection against cadmium dust, fume, and mist by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 30 CFR part 11:

(a) (LOCATION) (SPECIFIC CONDITIONS AND/OR CONDITIONS)

19

1 29 CFR 1928.1027(g)(2)(ii)(A): The employer did not provide a powered, air-purifying respirator (PAPR) in lieu of a negative pressure respirator to an employee, who was entitled to a respirator, who chose to use this type of respirator for protection against cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(g)(2)(ii)(B): Respirator provided by the employer did not provide adequate protection for employee exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(g)(3)(i): Where respiratory protection was required for protection against cadmium, the employer did not institute a respiratory protection program in accordance with 29 CFR 1928.152:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(g)(3)(ii): The employer did not permit each employee who was required to use an air purifying respirator for protection against cadmium exposure, to leave the regulated area to change the filter elements or replace the respirator whenever an increase in breathing resistance was detected:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 5 29 CFR 1928.1027(g)(3)(ii): The employer did not maintain an adequate supply of filter elements for air purifying respirators in order that the employee could change the filter elements whenever an increase in breathing resistance was detected:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

20

1 29 CFR 1928.1027(g)(3)(iii): The employer did not permit each employee who was required to wear a respirator for protection against cadmium, to leave the regulated area to wash his or her face and the respirator facepiece whenever necessary to prevent skin irritation associated with respirator use:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(g)(3)(iv): When an employee exhibited difficulty in breathing when wearing a respirator during a fit test or during use, the employer did not make available to the employee a medical examination in accordance with 29 CFR 1928.1027(l)(6)(ii) and determine if the employee could wear a respirator while performing the required duties:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.1027(g)(3)(v): An employee was assigned a task requiring the use of a respirator for protection against cadmium exposure and based on his or her most recent examination, although the examining physician had determined that the employee would be unable to continue to function normally while wearing a respirator:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

21

OPTION 2 1 29 CFR 1928.1027(g)(3)(v): A physician had determined that an employee must be limited in, or removed from his or her current job because of the employee's inability to wear a respirator for protection against cadmium exposure but the limitation or removal was not in accordance with 29 CFR 1928.1027(l)(11) and 29 CFR 1928.1027(l)(12):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: This SAVE should be grouped with the appropriate 29 CFR 1928.1027(l)(11) or 29 CFR 1928.1027(l)(12).

2 29 CFR 1928.1027(g)(4)(i): The employer did not ensure that respirators issued to employees, for protection against cadmium exposure, were fitted properly and exhibited the least possible facepiece leakage:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.1027(g)(4)(ii): The employer did not perform either quantitative or qualitative fit testing at the time of initial fitting and at least annually thereafter for each employee wearing a tight-fitting, air purifying respirator (either negative or positive pressure) who is exposed to airborne concentrations of cadmium that do not exceed 10 times the PEL (10 x 5 ug/m(3) = 50 ug/m(3)):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

22

OPTION 2 1 29 CFR 1928.1027(g)(4)(ii): Quantitative fit testing was used for a negative pressure respirator for an employee who is exposed to airborne concentrations of cadmium that do not exceed 10 times the PEL (10 x 5 ug/m(3) = 50 ug/m(3)) and a fit factor of at least 10 times the protection factor for that class of respirators (Table 2 in 29 CFR 1928.1027(g)(2)(i) was not achieved at testing:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(g)(4)(iii): The employer did not perform quantitative fit testing at the time of initial fitting and at least annually thereafter for each employee wearing a tight-fitting, air purifying respirator (either negative or positive pressure) who is exposed to airborne concentrations of cadmium that exceed 10 times the PEL (10 x 5 ug/m(3) = 50 ug/m(3)):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(g)(4)(iii): Quantitative fit testing for a negative pressure respirator of an employee who is exposed to airborne concentrations of cadmium that exceed 10 times the PEL (10 x 5 ug/m(3) = 50 ug/m(3)) did not achieve a fit factor of at least 10 times the protection factor for that class of respirators (Table 2 in 29 CFR 1928.1027(g)(2)(i):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

23

OPTION 1 1 29 CFR 1928.1027(g)(4)(iv): The employer did not perform quantitative fit testing at the time of initial fitting and at least annually thereafter for each employee wearing a tight-fitting, supplied-air respirator or self-contained breathing apparatus:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(g)(4)(iv): The initial or annual quantitative fit testing of for employees wearing a tight-fitting, supplied-air respirator or self- contained breathing apparatus was not accomplished by fit testing an air purifying respirator of identical type facepiece, make, model and size as the supplied-air respirator or self-contained breathing apparatus with the air purifying respirator equipped with HEPA filters and tested as a surrogate (substitute) in the negative pressure mode:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1928.1027(g)(4)(iv): A fit factor that was at least 10 times the protection factor for that class of respirators (Table 2 in 29 CFR 1928.1027(g)(2)(i) was not achieved during quantitative fit testing:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(g)(4)(v): Respirator fit testing of employees who were exposed to airborne concentrations of cadmium was not conducted in accordance with appendix C of 29 CFR 1928.1027:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

24

OPTION 1 1 29 CFR 1928.1027(h): The employer did not develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(h): The employer's written plan for dealing with emergency situations involving substantial releases of airborne cadmium did not include provisions for the use of appropriate respirators and personal protective equipment:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1928.1027(h): Employees not essential to correcting emergency situations involving substantial releases of airborne cadmium were not restricted from the area and normal operations halted in that area until the emergency was abated:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(i)(1): When an employee was exposed to airborne cadmium above the PEL, or where skin or eye irritation was associated with cadmium exposure at any level, the employer did not provide at no cost to the employee and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

25

OPTION 2 1 29 CFR 1928.1027(i)(1): Where skin or eye irritation was associated with cadmium exposure at any level, the employer did not provide at no cost to the employee, and assure that employee used, appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(i)(1)(i): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include coveralls or similar full-body work clothing:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(i)(1)(ii): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include gloves, head coverings, and boots or foot coverings:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(i)(1)(iii): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include face shields, vented goggles, or other appropriate equipment that complied with 29 CFR 1910.133:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

26

OPTION 1 1 29 CFR 1928.1027(i)(2)(i): The employer did not ensure that employees removed all protective clothing and equipment contaminated with cadmium at the completion of the work shift:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(i)(2)(i): The employer did not ensure that employees removed all protective clothing and equipment contaminated with cadmium in change rooms provided in accordance with 29 CFR 1928.1027(j)(1):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(i)(2)(ii): The employer did not ensure that no employees took cadmium-contaminated protective clothing or equipment from the workplace:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: Except for employees authorized to do so for the purposes of laundering, cleaning, maintaining or disposing of cadmium contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.

4 29 CFR 1928.1027(i)(2)(iii): The employer did not ensure that cadmium-contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, were placed and stored in sealed, impermeable bags or other closed, impermeable containers designed to prevent dispersion of cadmium dust:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

27

1 29 CFR 1928.1027(i)(2)(iv): The employer did not ensure that bags or containers of cadmium-contaminated protective clothing and equipment that were to be taken out of change rooms or the workplace for laundering, cleaning, maintenance or disposal bore labels in accordance with 29 CFR 1928.1027 (m)(3):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(i)(3)(i): The employer did not provide the protective clothing and equipment required by 29 CFR 1928 .1027(i)(1) in a clean and dry condition as often as necessary to maintain its effectiveness against airborne cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(i)(3)(i): The employer did not provide the protective clothing and equipment required by 29 CFR 1928 .1027(i)(1) for protection against airborne cadmium in a clean and dry condition at least weekly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: The employer is responsible for cleaning and laundering the protective clothing and equipment required by this paragraph to maintain effective- ness and is also responsible for disposing of such clothing and equipment.

OPTION 1 4 29 CFR 1928.1027(i)(3)(ii): The employer did not repair or replace the required protective clothing or equipment as needed in order to maintain its effectiveness against exposure to airborne cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

28

OPTION 2 1 29 CFR 1928.1027(i)(3)(ii): Rips or tears were present in protective clothing while an employee was working and the worksuit was not immediately mended, or the worksuit immediately replaced by the employer:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(i)(3)(iii): The employer did not prohibit the removal of cadmium from protective clothing and equip- ment by blowing, shaking, or any other means that disperse cadmium into the air:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(i)(3)(iv): The employer did not ensure that any laundering of contaminated clothing or cleaning of contaminated equipment in the workplace was done in a manner that would prevent the release of airborne cadmium in excess of the permissible exposure limit prescribed in 29 CFR 1928 .1027(c):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(i)(3)(v): The employer did not inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

29

1 29 CFR 1928.1027(j)(1): When employees whose airborne exposure to cadmium was above the PEL, the employer did not provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that complied with 29 CFR 1928.97:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(j)(2): The employer did not ensure that change rooms were equipped with separate storage facilities for street clothes and for protective clothing and equip- ment, which are designed to prevent dispersion of cadmium and contamination of the employee's street clothes:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(j)(3)(i): The employer did not ensure that employees who were exposed to cadmium above the PEL, showered at the end of the work shift:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(j)(3)(ii): The employer did not ensure that employees whose airborne exposure to cadmium was above the PEL, washed their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 5 29 CFR 1928.1027(j)(4)(i): The employer did not ensure that the lunchroom facilities were readily accessible to employees:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

30

OPTION 2 1 29 CFR 1928.1027(j)(4)(i): The employer did not ensure that tables for eating were maintained free of cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 3 2 29 CFR 1928.1027(j)(4)(i): The employer did not ensure that no employee in a lunchroom was exposed at any time to cadmium at or above a concentration of 2.5 ug/m(3):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(j)(4)(ii): The employer did not ensure that employees do not enter lunchroom facilities with protective work clothing or equipment:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(k)(1): All surfaces were not maintained as free as practical of accumulations of cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1928.1027(k)(2): All spills and sudden releases of material containing cadmium were not cleaned up as soon as possible:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

6 29 CFR 1928.1027(k)(3): Surfaces contaminated with cadmium were not cleaned by vacuuming or other methods that minimized the likelihood of cadmium becoming airborne, wherever possible:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

31

OPTION 1 1 29 CFR 1928.1027(k)(4): HEPA-filtered vacuuming equipment or equally effective filtration methods were not used for vacuuming of cadmium dust:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(k)(4): Vacuuming equipment was not used and emptied in a manner that minimized the reentry of cadmium into the workplace:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(k)(6): Compressed air was used to remove cadmium from a surface without the use of a ventilation system designed to capture the dust cloud created by the compressed air:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(k)(7): Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal was not collected and disposed in sealed impermeable bags or other closed, impermeable containers:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 5 29 CFR 1928.1027(k)(7): Sealed impermeable bags or other closed, impermeable containers containing waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal was not labeled in accordance with 29 CFR 1928.1027 (m)(3):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

32

1 29 CFR 1928.1027(l)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who were or could be exposed to cadmium at or above the action level:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: When the employer can demonstrate that the employee was not and will not be exposed at or above the action level on 30 or more days per year (twelve consecutive months) do not cite.

2 29 CFR 1928.1027(l)(1)(i)(B): The employer did not institute a medical surveillance program for all employees who prior to the effective date of this section could previously have been exposed to cadmium at or above the action level:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: If the employer can demonstrate that the employee did not prior to the effective date of this standard, work for this employer in jobs with exposure to cadmium for an aggregated total of more than 60 months do not cite.

3 29 CFR 1928.1027(l)(1)(ii): The employer did not provide the limited medical examination specified in 29 CFR 1928.1027 (l)(6) to determine an employee's fitness for using a respirator:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

33

OPTION 1 1 29 CFR 1928.1027(l)(1)(iii): The employer did not ensure that the all medical examinations and procedures required by 29 CFR 1928.1027 were performed by or under the supervision of a licensed physician, who had read and was familiar with the health effects section of appendix A, the regulatory text, the protocol for sample handling, and laboratory selection in appendix F, and the questionnaire of appendix D:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(l)(1)(iii): The employer did not provide without cost to the employee and at a time and place that was reasonable and convenient to the employees, all examinations and procedures required by 29 CFR 1928.1027:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(1)(iv): The employer did not ensure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 micro- globulin in urine (beta(2)-M) taken from employees was done in a manner that ensured their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (beta(2)-M) taken from employees was performed in laboratories with demon- strated proficiency for that particular analyte:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

NOTE: See Appendix F.

34

OPTION 1 1 29 CFR 1928.1027(l)(2)(i): The employer did not provide an initial (preplacement) examination to all employees covered by the medical surveillance program required in 29 CFR 1928 .1027(l)(1)(i):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(l)(2)(i): The employer did not provide an employee covered by the medical surveillance program required by 29 CFR 1928.1027(l)(1)(i) an examination within 30 days after initial assignment to a job with exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(2)(ii)(A): The initial (preplacement) medical examination did not include a detailed medical and work history, with emphasis on past, present, and antici- pated future exposure to cadmium; any history of renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or musculo-skeletal system dysfunction; current usage of medication with potential nephrotoxic side-effects; and smoking history and current status:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(2)(ii)(B)(1): The initial (preplacement) medical examination did not include biological monitoring that includes tests for cadmium in urine (CdU), standardized to grams of creatinine (g/Cr):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

35

1 29 CFR 1928.1027(l)(2)(ii)(B)(2): The initial (preplacement) medical examination did not include biological monitoring that includes beta-2 microglobulin in urine (beta(2)-M), standardized to grams of creatinine (g/Cr), with pH speci- fied as described in appendix F:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(2)(ii)(B)(3): The initial (preplacement) medical examination did not include biological monitoring that includes tests for cadmium in blood CdB) standardized to liters of whole blood (lwb):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(3)(i)(A): The employer did not provide the minimum level of periodic medical surveillance in accordance with 29 CFR 1928.1027(l)(4)(i) for currently exposed employee who was subject to medical surveillance under 29 CFR 1928.1027(l)(1)(i)(A), when the monitoring tests showed the employee's CdU level to be at or below 3 ug/g Cr, beta(2)-M level to be at or below 300 ug/g Cr, and CdB level to be at or below 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

36

1 29 CFR 1928.1027(l)(3)(i)(B): The employer did not provide biological monitoring for CdU, beta(2)-M, and CdB within one year after initial biological monitoring and then comply with the requirements of 29 CFR 1928.1027(l)(4)(v) for previously exposed employee who was subject to medical surveillance under 29 CFR 1928.1027(l)(1)(i)(B), when the results of initial biological monitoring tests showed the employee's CdU level to be at or below 3 ug/g Cr, beta(2)-M level to be at or below 300 ug/g Cr, and CdB level to be at or below 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(3)(ii)(A)(1): The employer did not reassess the work practices and personal hygiene of an employee who was subject to medical surveillance under 29 CFR 1928.1027(l)(1)(i) within two weeks after receipt of biological monitoring test results showing the level of CdU to exceed 3 ug/g Cr, the level of beta(2)-M to exceed 300 ug/g Cr, or the level of CdB to exceed 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.1027(l)(3)(ii)(A)(2): The employer did not reevaluate the respirator use, if any, of an employee who was subject to medical surveillance under 29 CFR 1928.1027 (l)(1)(i) within two weeks after receipt of biological monitoring test results showing the level of CdU to exceed 3 ug/g Cr, the level of beta(2)-M to exceed 300 ug/g Cr, or the level of CdB to exceed 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

37

OPTION 2 1 29 CFR 1928.1027(l)(3)(ii)(A)(3): The employer did not reevaluate the respirator program within two weeks after receipt of biological monitoring test results for an employee subject to medical surveillance under 29 CFR 1928 .1027(l)(1)(i) showing the level of CdU to exceed 3 ug/g Cr, the level of beta(2)-M to exceed 300 ug/g Cr, or the level of CdB to exceed 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(3)(ii)(A)(4): The employer did not reevaluate the maintenance and effectiveness of the relevant engineering controls within two weeks after receipt of biological monitoring test results for an employee subject to medical surveillance under 29 CFR 1928.1027(l)(1)(i) showing the level of CdU to exceed 3 ug/g Cr, the level of beta(2)-M to exceed 300 ug/g Cr, or the level of CdB to exceed 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(3)(ii)(A)(5): The employer did not assess the history and status of smoking of an employee who was subject to medical surveillance under 29 CFR 1928.1027 (l)(1)(i) within two weeks after receipt of biological monitoring test results for the employee showing the level of CdU to exceed 3 ug/g Cr, the level of beta(2)-M to exceed 300 ug/g Cr, or the level of CdB to exceed 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

38

1 29 CFR 1928.1027(l)(3)(ii)(B): The employer did not within 30 days after the exposure reassessment, specified in 29 CFR 1928.1027(l)(3(ii)(A) take reasonable steps to correct any deficiencies found in the reassessment that could be reasonable for the excess exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(l)(3)(ii)(C): The employer did not within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of 29 CFR 1928.1027 (l)(4)(ii):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(l)(3)(ii)(C): The employer did not ensure after completing the medical examination, that the examining physician determine in a written medical opinion whether to medically remove the employee from the cadmium area:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(3)(ii)(C)(1): The employer did not provide biological monitoring in accordance with 29 CFR 1928.1027(l)(2)(ii)(B) or on a semiannual basis until the employee's CdU level falls to or below 3 ug/g Cr, beta(2)-M level falls to or below 300 ug/g Cr, and CdB level falls to or below 5 ug/lwb when the physician determined that medical removal was not necessary:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

39

1 29 CFR 1928.1027(l)(3)(ii)(C)(2): The employer did not provide annual medical examinations in accordance with 29 CFR 1928.1027(l)(4)(ii) until the employee's CdU level falls to or below 3 ug/g Cr, beta(2)-M level falls to or below 300 ug/g Cr, and CdB level falls to or below 5 ug/lwb when the physician determined that medical removal was not necessary:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(l)(3)(iii): The employer did not comply with the requirements of 29 CFR 1928.1027(l)(3)(ii)(A) and 29 CFR 1928.1027(l)(3)(ii)(B) for all employees subject to medical surveillance under 29 CFR 1928.1027(l)(1)(i), when the results of the initial biological monitoring tests showed the level of CdU to be in excess of 15 ug/g Cr, or the level of CdB to be in excess of 15 ug/lwb, or the level of beta(2)-M to be in excess of 1,500 ug/g Cr:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1928.1027(l)(3)(iii): The employer did not within 90 days after receipt of biological monitoring results provide a full medical examination to the employee in accordance with the requirements of 29 CFR 1928.1027(l)(4)(ii):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

40

OPTION 3 1 29 CFR 1928.1027(l)(3)(iii): The employer did not medically remove the employee from exposure to cadmium at or above the action level when the initial biological monitoring results and the biological monitoring results obtained during the medical examination both showed that, CdU exceeds 15 ug/g Cr; or CdB exceeds 15 ug/lwb; or beta(2)-M exceeds 1500 ug/g Cr, and in addition CdU exceeds 3 ug/g Cr or CdB exceeds 5 ug/liter of whole blood:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(3)(iii)(A): The employer did not periodically reassess the employee's occupational exposure to cadmium when the employee was not required to be removed by the mandatory provisions or by the physician's deter- mination, until the employee's CdU level fell to or below 3 ug/g Cr, beta(2)-M level fell to or below 300 ug/g Cr, and CdB level fell to or below 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(3)(iii)(B): The employer did not provide biological monitoring in accordance with 29 CFR 1928.1027(l)(2)(ii)(B) on a quarterly basis when the employee was not required to be removed by the mandatory provisions or by the physician's determination, until the employee's CdU level fell to or below 3 ug/g Cr, beta(2)-M level fell to or below 300 ug/g Cr, and CdB level fell to or below 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

41

1 29 CFR 1928.1027(l)(3)(iii)(C): The employer did not provide semiannual medical examinations in accordance with 29 CFR 1928.1027(l)(4)(ii) when the employee was not required to be removed by the mandatory provisions or by the physician's determination, until the employee's CdU level fell to or below 3 ug/g Cr, beta(2)-M level fell to or below 300 ug/g Cr, and CdB level fell to or below 5 ug/lwb:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.1027(l)(4)(i): The employer did not provide at least the minimum level of periodic medical surveillance, which consisted of periodic medical examinations and periodic biological monitoring for each employee who was covered under 29 CFR 1928.1027(l)(1)(i)(A):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: This standard should be grouped with 29 CFR 1928.1027(l)(1)(i)(A) when cited.

OPTION 2 3 29 CFR 1928.1027(l)(4)(i): The employer did not provide periodic medical examination within one year after the initial examination required by 29 CFR 1928.1027(l)(2) and thereafter at least biennially for each employee who was covered under 29 CFR 1928.1027(l)(1)(i)(A):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: This standard should be group with 29 CFR 1928.1027(l)(1)(i)(A) when cited.

42

OPTION 3 1 29 CFR 1928.1027(l)(4)(i): The employer did not provide biological sampling at least annually, either as part of a periodic medical examination or separately as periodic biological monitoring for each employee who was covered under 29 CFR 1928.1027(l)(1)(i)(A):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(4)(ii)(A): The employer's periodic medical examination did not place emphasis or include a detailed medical and work history, or update thereof, on past, present and anticipated future exposure to cadmium, smoking history; and current status; reproductive history; current use of medications with potential nephrotoxic side- effects, any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal systems dysfunction:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS) (SPECIFY WHAT LACKING IN THE EXAMINATION)

NOTE: Employees who wear respirators the employer must address questions 3-11 and 25-32 in Appendix D.

3 29 CFR 1928.1027(l)(4)(ii)(B): The employer's periodic medical examination did not place emphasis on blood pressure, the respiratory system and the urinary system:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

43

1 29 CFR 1928.1027(l)(4)(ii)(C): The employer's periodic medical examination did not include a 14 inch by 17 inch, or a reasonably standard sized posterior-anterior chest X-ray:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: After the initial X-ray, the frequency of chest X-ray is to be determined by the examining physician.

2 29 CFR 1928.1027(l)(4)(ii)(D): The employer's periodic medical examination did not include pulmonary function tests, including forced vital capacity (FCV) and forced expiratory volume at 1 second (FEV1):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(4)(ii)(E): The employer's periodic medical examination did not include biological monitoring as required by 29 CFR 1928.1027(l)(2)(ii)(B):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(4)(ii)(F): The employer's periodic medical examination did not include blood analysis as required by 29 CFR 1928.1027(l)(2)(ii)(B) and did not include blood urea nitrogen, complete blood count and serum creatinine:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

44

1 29 CFR 1928.1027(l)(4)(ii)(G): The employer's periodic medical examination did not include urinalysis in addition to the analysis required by 29 CFR 1928.1027(l)(2)(ii)(B) including the determination of albumin, glucose, and total and low molecular weight proteins:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(4)(ii)(H): The employer's periodic medical examination did not include for males over 40 years old, prostate palpation, or other at least as effective diagnostic test(s):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(4)(ii)(I): The employer's periodic medical examination did not include the additional tests deemed appropriate by the examining physician:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(5)(i)(A): The employer did not periodically reassess the employee's work practices and personal hygiene; the employee's respirator use, if any; the employee's smoking history and status; the respiratory protection program; the hygiene facilities; and the main- tenance and effectiveness of the relevant engineering controls until the physician determines they are no longer necessary:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

45

1 29 CFR 1928.1027(l)(5)(i)(B): The employer did not within 30 days after the reassessment, take all reasonable steps to correct the deficiencies found in the reassessment that could be responsible for the employee's excess exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(5)(i)(C): The employer did not after reassessment, provide semiannual medical examinations to evaluate the abnormal clinical sign(s) of cadmium toxicity until the results were normal or the employee was medically removed from the cadmium area:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(5)(i)(D): The employer did not provide a more detailed medical evaluation of toxic effects of cadmium on the employee's renal system where the results of tests for total proteins in urine were abnormal:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(l)(6)(i): The employer did not provide a medical examination that included the elements specified in 29 CFR 1928.1027(l)(6)(i)(A)-(D) to determine an employee's fitness for respirator use:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

46

OPTION 2 1 29 CFR 1928.1027(l)(6)(i): The employer did not provide a medical examination that included the elements specified in 29 CFR 1928.1027(l)(6)(i)(A)-(D) to determine an employee's fitness for respirator prior to employee's being assigned to a job that requires the use of a respirator and to any employee without a medical examination within the preceding 12 months:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(6)(ii): The employer did not have a physician determine whether the employee was fit to wear a respirator after reviewing all the information obtained from the medical examination required in 29 CFR 1928.1027 (l)(6)(i):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(6)(iii): The employer did not, as soon as possible, provide the employee with a periodic medical examination in accordance with 29 CFR 1928.1027(l)(4)(ii) to determine the employee's fitness to wear a respirator when- ever an employee has exhibited difficulty in breathing during a respirator fit test or during use of respirator:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(l)(6)(iv): The employer did not consider medical limitation or prohibition of respirator use when the results of the examination required by 29 CFR 1928.1027 (l)(6)(i), 29 CFR 1928.1027(l)(6)(ii) or 29 CFR 1928.1027 (l)(6)(iii) were abnormal:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

47

OPTION 2 1 29 CFR 1928.1027(l)(6)(iv): When the employee was allowed to wear a respirator the employer did not have a physician periodically evaluate the employee's ability for continued use:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(7)(i): The employer did not provide a medical examination, as soon as possible, to any employee who could have been acutely exposed to cadmium because of an emergency in addition to the medical surveillance required by 29 CFR 1928.1027(l)(2-6):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(7)(ii): Emergency medical examination did not include the requirements of 29 CFR 1928.1027 (l)(4)(ii), with emphasis on the respiratory system, other organ systems considered appropriate by the examining physician, and systoms of acute overexposure, as identified in paragraphs II(B)(1-2) and IV of Appendix A:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

48

1 29 CFR 1928.1027(l)(8)(i): The employer did not at termination of employment provide a medical examination in accordance with 29 CFR 1928.1027(l)(4)(ii), including a chest X-ray, to any employee to whom at any prior time the employer was required to provide medical surveillance under 29 CFR 1928.1027(l)(1)(i) or 29 CFR 1928.1027(l)(7):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: If the last examination satisfied the require- ments of 29 CFR 1928.1027(l)(4)(ii) and was less than six months prior to the date of termina- tion, no further examination is required unless otherwise specified in 29 CFR 1928.1027(l)(3) or 29 CFR 1928.1027(l)(5). Also review 29 CFR 1928 .1027(l)(8)(ii) before citing.

2 29 CFR 1928.1027(l)(9)(i): The employer did not provide to the examining physician a copy of this standard and appen- dicies:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(9)(ii): The employer did not provide to the examining physician a description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(9)(iii): The employer did not provide to the examining physician the employee's former, current, and anticipated future levels of occupational exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

49

1 29 CFR 1928.1027(l)(9)(iv): The employer did not provide to the examining physician a description of any personal protective equipment, including respirators, used or to be used by the employee, including when and how long the employee had used that equipment:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(9)(v): The employer did not provide to the examining physician relevant results of previous biological monitoring and medical examinations:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(10)(i): The employer did not promptly obtain a written, signed medical opinion from the examining physician for each medical examination performed on each employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(10)(i)(A): The employer did not ensure that the examining physician's medical opinion contained the physician's diagnosis for the employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

5 29 CFR 1928.1027(l)(10)(i)(B): The employer did not ensure that the examining physician's medical opinion contained the physician's opinion as to whether the employee had any detected medical condition(s) that would place the employee at increased risk of material impairment to health from future exposure to cadmium, including any indications of potential cadmium toxicity:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

50

1 29 CFR 1928.1027(l)(10)(i)(C): The employer did not ensure that the examining physician's medical opinion contained the results of any biological or other testing or related evaluations that directly assess the employee's absorption of cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(10)(i)(D): The employer did not ensure that the examining physician's medical opinion contained any recommended removal from, or limitation on the activities or duties of the employee or on the employee's use of personal protective equipment, such as respirators:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(10)(i)(E): The employer did not ensure that the examining physician's medical opinion contained a statement that the physician had clearly and carefully explained to the employee the results of the medical examination, including all biological monitoring results and any medical conditions related to cadmium exposure that required further evaluation or treatment, and any limitation on employee's diet or use of medications:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(10)(ii): The employer did not promptly obtain a copy of the results of any biological monitoring provided by an employer to an employee independently of a medical examination under 29 CFR 1928.1027(l)(2) and 29 CFR 1928.1027(l)(4):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: In lieu of a written medical opinion, an explanation sheet explaining those results is required.

51

1 29 CFR 1928.1027(l)(10)(iii): The employer did not instruct the physician not to reveal orally or in the written medical opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(11)(i)(A): The employer did not temporarily remove an employee from work where there was excess exposure to cadmium on each occasion that medical removal was required under 29 CFR 1928.1027(l)(3), 29 CFR 1928.1027(l)(4), or 29 CFR 1928.1027(l)(6) and/or on each occasion that a physician determines in a written medical opinion that the employee should be removed from such exposure:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: The physician's determination may be based on biological monitoring results, inability to wear a respirator, evidence of illness, other signs or symptoms of cadmium-related dysfunction or disease, or any other reason deemed medically sufficient by the physician.

3 29 CFR 1928.1027(l)(11)(i)(B): The employer did not medically remove an employee in accordance with 29 CFR 1928.1027(l)(11) regardless of whether at the time of removal a job was available into which the removed employee could be transferred:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

52

1 29 CFR 1928.1027(l)(11)(i)(C): The employer did not transfer the removed employee to a job where the exposure to cadmium was within the permissible levels specified in 29 CFR 1928 .1027(l)(11) as soon as one became available:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(11)(i)(D): The employer did not provide follow-up biological monitoring in accordance with 29 CFR 1928.1027(l)(2)(ii)(B) at least every three months and follow-up medical examinations semi-annually at least every six months until in a written medical opinion the examining physician determined that either the employee can be returned to his/her former job status as specified under 29 CFR 1928.1027(l)(11)(iv) and 29 CFR 1928.1027(l)(11)(v) or the employee must be permanently removed from excess cadmium exposure when any employee was medically removed under the provisions of 29 CFR 1928.1027(l)(11)(i):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(l)(11)(i)(E): The employer returned an employee who had been medically removed to his/her former job status before a physician determined in a written medical opinion that continued medical removal was no longer necessary to protect the employee's health:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(l)(11)(ii): The employer did not remove an employee from work where exposure to cadmium was above the PEL when the employee was found unfit to wear a respirator under 29 CFR 1928.1027(l)(6)(ii):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

53

1 29 CFR 1928.1027(l)(11)(iii): The employer did not remove the employee from work where exposure to cadmium was at or above the action level when removal was based on some reason other than the employee's inability to wear a respirator:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(11)(iv): An employee who was removed because his/her level of CdU, CdB and/or beta(2)-M exceeded the medical removal trigger levels in 29 CFR 1928.1027(l)(3) or 29 CFR 1928.1027(l)(4) was returned to work with exposure to cadmium at or above the action level before the employee's levels of CdU had fallen to or below 3 ug/g Cr, CdB had fallen to or below 5 ug/lwb, and beta(2)-M falls to or below 300 ug/g Cr:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: There is an exception as specified in 29 CFR 1928.1027(l)(11)(v).

3 29 CFR 1928.1027(l)(11)(vi): The employer, although not required by 29 CFR 1928.1027(l)(11)(i), 29 CFR 1928.1027 (l)(11)(ii), or 29 CFR 1928.1027(l)(11)(iii) to do so, removed an employee from exposure to cadmium or otherwise placed limitations on an employee due to the effects of cadmium exposure on the employee's medical condition and did not provide the same medical removal protection benefits to that employee under 29 CFR 1928.1027(l)(12) as would have been provided had the removal been required under 29 CFR 1928.1027(l)(11)(i), 29 CFR 1928.1027(l)(11)(ii), or 29 CFR 1928.1027(l)(11)(iii):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

54

1 29 CFR 1928.1027(l)(12)(i): The employer did not provide medical removal protection benefits (MRPB) for up to 18 months to an employee each time and while the employee was temporarily medically removed under 29 CFR 1928.1027(l)(11):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: 29 CFR 1928.1027(l)(12)(ii) For the purposes of this section, the requirement that the employer provide MRPB means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his/her former job status, as if the employee had not removed from the employee's job or otherwise medically limited.

2 29 CFR 1928.1027(l)(12)(iii)(A): The employer did not make available to the employee a medical examination pursuant to this section in order to obtain a final medical determina- tion as to whether the employee could be returned to his/her former job status or must be permanently removed from excess cadmium exposure, where, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low enough level to permit the employee to be returned to his/her former job status:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

55

1 29 CFR 1928.1027(l)(12)(iii)(B): The employer did not ensure that the final medical determination indicates whether the employee could be returned to his/her former job status and what steps, if any, should be taken to protect the employee's health, where, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low enough level to permit the employee to be returned to his/her former job status:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: 29 CFR 1928.1027(l)(12)(iv) The employer may condition the provision of MRPB upon the employee's participation in medical surveillance provided in accordance with this section.

2 29 CFR 1928.1027(l)(13)(ii): The employer did not promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician provided by the employer conducts a medical examination or consultation pursuant to this section:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: Review requirements the employee must do, exceptions and agreement between employer and employee under 29 CFR 1928.1027(l)(13)(ii)(A)- 29 CFR 1928.1027(l)(13)(v). Review also 29 CFR 1928.1027(l)(14).

3 29 CFR 1928.1027(l)(15)(ii): The employer did not provide the employee with a copy of the employee's biological monitoring results and an explanation sheet explaining the results within two weeks after receipt thereof:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

56

1 29 CFR 1928.1027(l)(15)(iii): The employer did not provide the employee with information required by 29 CFR 1928.1027 (l)(9) from the examining physician within 30 days after a request by an employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(l)(16): The employer did not report any abnormal condition or disorder caused by occupational exposure to cadmium associated with employment as specified in Chapter (V)(E) of the Reporting Guidelines for Occupational Injuries and Illnesses in addition to other medical events that was required to be reported on the OSHA Form No. 200:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(m)(1): The employer did not comply with the requirements of OSHA's Hazard Communication Standard 29 CFR 1910.1200 in communicating concerns of cadmium hazards, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.1027(m)(2)(i): Warning signs were not provided and displayed in the regulated area:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

57

OPTION 2 1 29 CFR 1928.1027(m)(2)(i): Warning signs were not posted at all approaches to the regulated area so that an employee could read the signs and take necessary protective steps before entering the area:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(m)(2)(ii): Warning signs required by 29 CFR 1928.1027(m)(2)(i) did not bear the following information:

DANGER CADMIUM CANCER HAZARD CAN CAUSE LUNG AND KIDNEY DISEASE AUTHORIZED PERSONNEL ONLY RESPIRATORS REQUIRED IN THIS AREA

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(m)(2)(iii): The employer did not ensure that signs required by 29 CFR 1928.1027(m) were illuminated, cleaned, and maintained as necessary so that the legend was readily visible:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(m)(3)(i): Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contami- nated clothing, equipment, waste, scrap, or debris did not bear appropriate warning labels as specified in 29 CFR 1928. 1027(m)(3)(ii):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

58

1 29 CFR 1928.1027(m)(3)(ii): The warning labels did not include at least the following information:

DANGER CADMIUM CANCER HAZARD AVOID CREATING DUST CAN CAUSE LUNG AND KIDNEY DISEASE

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(m)(3)(iii): Installed cadmium products did not have a visible label or other indication when feasible that cadmium was present:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(m)(4)(i): The employer did not institute a training program for all employees who are potentially exposed to cadmium, ensure employee participation in the program, and maintain a record of the contents of such program:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(m)(4)(ii): Employee information and training were not provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

5 29 CFR 1928.1027(m)(4)(iii): The employer did not make the training program understandable to the employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

59

1 29 CFR 1928.1027(m)(4)(iii)(A): The employer did not ensure that the employee's training program contained the health hazards associated with cadmium exposure, with special attention to the information incorporated in Appendix A:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(m)(4)(iii)(B): The employer did not ensure the employees were informed of the quantity, location, manner of use, release, and storage of cadmium in the workplace and specific nature of operations that could result in exposure to cadmium, especially exposure above the PEL:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(m)(4)(iii)(C): The employer did not ensure the employees were informed of the engineering controls and work practices associated with the employee's job assign- ment:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(m)(4)(iii)(D): The employer did not ensure the employees were informed of the measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer had implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

60

1 29 CFR 1928.1027(m)(4)(iii)(E): The employer did not ensure the employees were informed of the purpose, proper selec- tion, fitting, proper use, and limitations of respirators and protective clothing:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(m)(4)(iii)(F): The employer did not ensure the employees were informed of the purpose and description of the medical surveillance program required by 29 CFR 1928 .1027(l):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(m)(4)(iii)(G): The employer did not ensure the employee's were informed of the contents of this section and the appendices:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(m)(4)(iii)(H): The employer did not ensure the employee was informed of the rights of access to records under 29 CFR 1910.20(e) and 29 CFR 1910.20 (g):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

5 29 CFR 1928.1027(m)(4)(iv)(A): The employer did not make a copy of this section and its appendices readily available at no cost to all effected employees and provide them a copy when requested:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

61

1 29 CFR 1928.1027(n)(1)(i): The employer did not establish and keep an accurate record of all air monitoring for cadmium in the work place:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(n)(1)(ii)(A): The employer's air monitoring records did not contain the monitoring date, duration , and results in terms of an 8-hour TWA of each sample taken:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(n)(1)(ii)(B): The employer's air monitoring records did not contain the name, social security number, and job classification of the employees monitored and of other employees whose exposures the monitoring was intended to represent:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(n)(1)(ii)(C): The employer's air monitoring records did not contain a description of the sampling and analytical methods used and evidence of their accuracy:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

5 29 CFR 1928.1027(n)(1)(ii)(D): The employer's air monitoring records did not contain the type of respiratory protective device, if any, worn by the monitored employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

62

1 29 CFR 1928.1027(n)(1)(ii)(E): The employer's air monitoring records did not contain a notation of any other conditions that could have affected the monitoring results:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(n)(1)(iii): The employer did not maintain exposure monitoring record for at least thirty (30) years, in accordance with 29 CFR 1910.20:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

3 29 CFR 1928.1027(n)(2)(ii): The employer did not establish and maintain a record of the objective data for at least 30 years:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(n)(3)(i): The employer did not establish and maintain an accurate record for each employee covered by medical surveillance under 29 CFR 1928.1027(l)(1)(i):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

5 29 CFR 1928.1027(n)(3)(ii)(A): The employer did not establish and maintain an accurate record on medical surveillance for each employee by name, social security number, and description of the duties:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

63

1 29 CFR 1928.1027(n)(3)(ii)(B): The employer's medical surveillance record for each employee did not contain a copy of the physician's written opinions and an explanation sheet for biological monitoring results:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.1027(n)(3)(ii)(C): The employer's medical surveillance record for each employee did not contain a copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, X-rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that could be related to cadmium exposure:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS) (IDENTIFY WHAT WAS LACKING ON RECORD)

3 29 CFR 1928.1027(n)(3)(ii)(D): The employer's medical surveillance record for each employee did not contain a copy of the employee's medical symptoms that could be related to exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(n)(3)(ii)(E): The employer's medical surveillance record for each employee did not contain a copy of the information provided to the physician as required by 29 CFR 1928.1027(l)(9)(ii) - 29 CFR 1928.1027(l)(9)(v):

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

64

OPTION 1 1 29 CFR 1928.1027(n)(4): The employer did not certify that employees had been trained by preparing a certification record which included the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1928.1027(n)(4): The employer's certification records were not prepared at the completion of training:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1928.1027(n)(4): The employer's certification records for training were not maintained on file for one (1) year beyond the date of training of that employee:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

4 29 CFR 1928.1027(n)(5)(i): Access to all records required to be maintained by 29 CFR 1928.1027(n)(i) - 29 CFR 1928.1027 (n)(4) was not in accordance with the provision of 29 CFR 1910.20:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

65

1 29 CFR 1928.1027(n)(5)(ii): The employer did not within 15 days after a request, make an employee's medical records required to be kept by 29 CFR 1928.1027(n)(3) available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family member:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS) (IDENTIFY WHO MADE THE REQUEST)

2 29 CFR 1928.1027(o)(1): The employer did not provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to cadmium:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.1027(o)(2): The employer did not provide the observer with clothing and equipment when observation of monitoring required entry into an area where the use of protective clothing or equipment was required:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1928.1027(o)(2): The employer did not ensure that the observer used such clothing and equipment and complies with all other applicable safety and health procedures when observation of monitoring required entry into an area where the use of protective clothing or equipment was required:

(a) (LOCATION) (SPECIFIC OPERATION(S) AND/OR CONDITIONS)

66

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