1910.1048(m)(1)(iv) Paragraphs (m)(1)(i), (m)(1)(ii), and (m)(1)(iii) of this section apply to chemicals associated with formaldehyde gas, all mixtures or solutions composed of greater than 0.1 percent formaldehyde, and materials capable of releasing formaldehyde into the air at concentrations reaching or exceeding 0.1 ppm. 1910.1048(m)(1)(v) In making the determinations of anticipated levels of formaldehyde release, the employer may rely on objective data indicating the extent of potential formaldehyde release under reasonably foreseeable conditions of use. 1910.1048(m)(2) 1910.1048(m)(2)(i) In addition to the requirements in paragraphs (m) (1) through (m)(1)(iv) of this section, for materials listed in paragraph (m)(1)(iv) capable of releasing formaldehyde at levels above 0.5 ppm, labels shall appropriately address all hazards as defined in paragraph (d) of § 1910.1200 and Appendices A and B to § 1910.1200, including cancer and respiratory sensitization, and shall contain the hazard statement “May Cause Cancer.” 1910.1048(m)(2)(ii) As a minimum, for all materials listed in paragraph (m)(1)(i) and (iv) of this section capable of releasing formaldehyde at levels of 0.1 ppm to 0.5 ppm, labels shall identify that the product contains formaldehyde; list the name and address of the responsible party; and state that physical and health hazard information is readily available from the employer and from
of the right to seek a second medical opinion, or receipt of the initial physician's written opinion, whichever is later; 1910.1048(l)(9)(iii)(A) The employee informs the employer of the intention to seek a second medical opinion, and 1910.1048(l)(9)(iii)(B) The employee initiates steps to make an appointment with a second physician. 1910.1048(l)(9)(iv) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve the disagreement. If the two physicians are unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician who shall be a specialist in the field at issue: 1910.1048(l)(9)(iv)(A) To review the findings, determinations or recommendations of the prior physicians; and 1910.1048(l)(9)(iv)(B) To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians. 1910.1048(l)(9)(v) In the alternative, the employer and the employee or authorized employee representative may jointly designate such a third physician. 1910.1048(l)(9)(vi) The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians. Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (§ 1910.1200) for formaldehyde. 1910.1048(m)(1)(ii) In classifying the hazards of formaldehyde at least the following hazards are to be addressed: Cancer; skin and respiratory sensitization; eye, skin and respiratory tract irritation; acute toxicity effects; and flammability. 1910.1048(m)(1)(iii) Employers shall include formaldehyde in the hazard communication program established to comply with the HCS (§ 1910.1200). Employers shall ensure that each employee has access to labels on containers of formaldehyde and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (n) of this section.
safety data sheets. 1910.1048(m)(2)(iii)
Prior to June 1, 2015, employers may include the phrase “Potential Cancer Hazard” in lieu of “May Cause Cancer” as specified in paragraph (m)(2)(i) of this section.
1910.1048(n) Employee information and training— 1910.1048(n)(1) Participation. The employer shall assure that all
1910.1048(m) Communication of hazards— 1910.1048(m)(1)
employees who are assigned to workplaces where there is exposure to formaldehyde participate in a training program, except that where the employer can show, using objective data, that employees are not exposed to formaldehyde at or above 0.1 ppm, the employer is not required to provide training. 1910.1048(n)(2) Frequency. Employers shall provide such information and training to employees at the time of initial assignment, and whenever a new exposure to formaldehyde is introduced into the work area. The training shall be repeated at least annually. 1910.1048(n)(3) Training program. The training program shall be conducted in a manner which the employee is able to understand and shall include: 1910.1048(n)(3)(i) A discussion of the contents of this regulation and the contents of the Material Safety Data Sheet. 1910.1048(n)(3)(ii) The purpose for and a description of the medical surveillance program required by this standard, including:
Hazard Communication—General. 1910.1048(m)(1)(i)
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Book Code: FIL1225
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