Cal. Code Regs. tit. 8 § 5190

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 5190 - Cotton Dust

(a) Scope and Application.

(1) This section applies to the control of employee exposure to cotton dust in all workplaces where employees engage in:

(A) Yarn manufacturing;

(B) Slashing and weaving operations;

(C) Work in waste houses for textile operations;

(D) Preparation of washed cotton from opening until the cotton is thoroughly wetted;

(E) Yarn manufacturing and slashing and weaving operations exclusively using washed cotton (as defined by Section 5190(n) only to the extent specified by Section 5190(n);

(F) Cottonseed processing or waste processing operations only to the extent Section 5190(h) Medical Surveillance, (k)(2)-(4) Recordkeeping Medical Records, and Appendices B, C, and D apply.

(2) This section does not apply to:

(A) The harvesting of cotton;

(B) The ginning of cotton;

(C) Ship and boatbuilding or ship repair and breaking operations, as defined by 8 Cal. Admin. Code 8347, and longshoring;

NOTE: Longshoring is defined as the loading, unloading, moving, or handling of cargo, ship's stores, gear, etc. into, in, on, or out of any vessel on the navigable waters of the United States.

(D) The handling or processing of woven or knitted material.

(E) Knitting, classing or warehousing operations except that employers with these operations, if requested by NIOSH, shall grant NIOSH access to their employees and workplaces for exposure monitoring and medical examinations for purposes of a health study to be performed by NIOSH on a sampling basis;

(F) The construction industry.

(b) Definitions.

Blow down. The general cleaning of a room or a part of a room by the use of compressed air.

Blow off. The use of compressed air for cleaning of short duration and usually for a specific machine or any portion of a machine.

Chief. The Chief of the Division of Occupational Safety and Health, or designee.

Cotton Dust. Dust present in the air during the handling or processing of cotton, which may contain a mixture of many substances including ground-up plant matter and other contaminants which may have accumulated with the cotton during the growing, harvesting, and subsequent processing or storage periods. Any dust present during the handling and processing of cotton through the weaving or knitting of fabrics, and dust present in other operations or manufacturing processes using raw or waste cotton fibers or cotton fiber byproducts from textile mills are considered cotton dust within this definition. Lubricating oil mist associated with weaving operations is not considered cotton dust.

Director. The Director, National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.

Equivalent Instrument. Cotton dust sampling device that meets the vertical elutriator equivalency requirements as described in Section 5190(d)(1)(C) of this section.

Lint-free respirable cotton dust. Particles of cotton dust approximately 15 microns or less aerodynamic equivalent diameter.

Vertical elutriator cotton dust sampler. A dust sampler which has a particle size cut-off at approximately 15 microns aerodynamic equivalent diameter when operating at the flow rate of 7.4 plus or minus 0.2 liters per minute.

Waste processing, Waste recycling (sorting, blending, cleaning and willowing) and garnetting.

Yarn manufacturing. All textile mill operations from opening to, but not including, slashing and weaving.

(c) Permissible Exposure Limits and Action Levels.

(1) Permissible Exposure Limits.

(A) The employer shall assure that no employee who is exposed to cotton dust in yarn manufacturing and cotton washing operations is exposed to concentrations of airborne lint-free respirable cotton dust greater than 200 µg/M³ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(B) The employer shall assure that no employee who is exposed to cotton dust in textile mill waste house operations or is exposed in yarn manufacturing to dust from "lower grade washed cotton" as defined in Section 5190(n)(5) is exposed to concentrations of airborne lint-free respirable cotton dust greater than 500 µg/M³ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument

(C) The employer shall assure that no employee who is exposed to cotton dust in the textile processes know as slashing and weaving is exposed to concentrations of airborne lint-free respirable cotton dust greater than 750 µg/M³ mean concentration averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(2) Action Levels.

(A) The action level for yarn manufacturing and cotton washing operations is a concentration of airborne lint-free respirable cotton dust of 100 ug/M³ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(B) The action level for waste houses for textile operations is a concentration of airborne lint-free respirable cotton dust of 250 ug/M³ mean concentration, averaged over an eight hour period, as measured by a vertical elutriator or an equivalent instrument.

(C) The action level for the textile processes known as slashing and weaving is a concentration of airborne lint-free respirable cotton dust of 375 µg/M³ mean concentration, averaged over an eight hour period, as measured by a vertical elutriator or an equivalent instrument.

(d) Exposure Monitoring and Measurement.

(1) General.

(A) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.

(B) The sampling device to be used shall be either the vertical elutriator cotton dust sampler or an equivalent instrument.

(C) If an alternative to the vertical elutriator cotton dust sampler is used, the employer shall establish equivalency by demonstrating that the alternative sampling devices:

1. Collect respirable particulates in the same range as the vertical elutriator (approximately 15 microns);

2. Replicate exposure data in side-by-side field and laboratory comparisons; and

3. A minimum of 100 samples are collected and are equivalent within an accuracy and precision range of plus or minus 25 percent for 95 percent of the samples over the range of 0.5 to 2 times the permissible exposure limit. (An acceptable protocol for demonstrating equivalency is described in Appendix E of this section.)

NOTE: The Chief will issue a written opinion stating that an instrument is equivalent to a vertical elutriator cotton dust sampler if:

1. A manufacturer or employer requests an opinion in writing and supplies the following information:

a. Sufficient test data to demonstrate that the instrument meets the requirements specified in this paragraph and the protocol specified in Appendix E of this section;

b. Any other relevant information about the instrument and its testing requested by the Chief; and

c. A certification by the manufacturer or employer that the information supplied is accurate, and

2. If the Chief finds, based on information submitted about the instrument, that the instrument meets the requirements for equivalency specified by Section 5190(d).

(2) Initial Monitoring. Each employer who has a place of employment within the scope of Section 5190(a)(1) shall conduct monitoring by obtaining measurements which are representative of the exposure of all employees to concentrations of airborne lint-free respirable cotton dust averaged over an eight-hour period. The sampling program shall include at least one determination during each shift for each work area.

(3) Periodic Monitoring.

(A) If the initial monitoring required by Section 5190(d)(2) or any subsequent monitoring reveals employee exposure to be at or below the permissible exposure limit, the employer shall repeat the monitoring for those employees at least annually.

(B) If the initial monitoring required by Section 5190(d)(2) or any subsequent monitoring reveals employee exposure to be above the PEL, the employer shall repeat the monitoring for those employees at least every six months.

(C) Whenever there has been a production, process, or control change which may result in new or additional exposure to cotton dust, or whenever the employer has any other reason to suspect an increase in employee exposure, the employer shall repeat the monitoring and measurements required by Section 5190(d)(2) for those employees affected by the change or increase.

(4) Employee Notification.

(A) Within 15 working days after the receipt of monitoring results, the employer shall notify each employee either individually in writing of the exposure measurements which represent that employee's exposure or by posting the results in an appropriate location that is accessible to employees.

(B) Whenever the results indicate that the employee's exposure exceeds the applicable permissible exposure limit specified in Section 5190(c), the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken in accordance with Section 5190(e)(3), to reduce exposure to or below the permissible exposure limit.

(e) Methods of Compliance.

(1) Engineering and Work Practice Controls. The employer shall institute engineering and work practice controls to reduce and maintain employee exposure to cotton dust at or below the permissible exposure limit specified in Section 5190(c), except to the extent that the employer can establish such controls are not feasible.

(2) Supplementary Respirator Use. Whenever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless institute these controls to immediately reduce exposure to the lowest feasible level, and shall supplement these controls with the use of respirators which shall comply with the provisions of Section 5190(f).

(3) Compliance Program.

(A) Each employer shall establish and implement a written program sufficient to reduce exposures to or below the permissible exposure limit solely by means of engineering controls and work practices as required by Section 5190(e)(1).

(B) The written program shall include at least the following:

1. A description of each operation or process resulting in employee exposure to cotton dust;

2. Engineering plans and other studies used to determine the controls for each process;

3. A report of the technology considered in meeting the permissible exposure limit;

4. Monitoring data obtained in accordance with Section 5190(d);

5. A detailed schedule for development, implementation, and utilization of engineering and work practice controls, and a projection of the exposure levels to be achieved by such controls;

6. A work practices program in accordance with Section 5190(g); and

7. Other relevant information.

(C) The employer's schedule as set forth in the compliance program shall project completion of the compliance program no later than March 27, 1984 or as soon as possible if monitoring after March 27, 1984 reveals exposures over the PEL, except as provided in Section 5190(m)(2)(B).

(D) The employer shall complete the steps set forth in the written program by the scheduled dates established under the provisions of Section 5190(e)(3)(B)(5).

(E) Written plans required by this subsection shall be submitted, upon request, to the Chief and the Director and shall be available at the worksite for examination and copying by the Chief, the Director, and any affected employee or their designated representatives.

(F) The written plans required under Section 5190(e)(3) shall be revised and updated when necessary to reflect the current status of the program and current exposure levels.

(4) Mechanical Ventilation. When mechanical ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system to control exposure shall be made in accordance with Section 5143(a)(5). Measurements of the system's effectiveness to control exposures shall also be made within five days of any change in production, process or control which may result in any increase in concentrations of airborne cotton dust.

(f) Use of Respirators.

(1) General.

(A) For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection.

(B) Respirators shall be used during:

1. Periods necessary to install or implement feasible engineering controls and work practice controls;

2. Maintenance and repair activities in which engineering and work practice controls are not feasible;

3. Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the permissible exposure limit;

4. Work operations specified under Section 5190(g)(1); and

5. Periods for which an employee requests a respirator.

(2) Respirator program.

(A) The employer must implement a respiratory protection program in accordance with section 5144(b) through (d) (except (d)(1)(C)), and (f) through (m).

(B) Whenever a physician determines that an employee who works in an area in which the cotton dust concentration exceeds the PEL is unable to use a respirator, including a powered air-purifying respirator, the employee must be given the opportunity to transfer to an available position, or to a position that becomes available later, that has a cotton dust concentration at or below the PEL. The employer must ensure that such employees retain their current wage rate or other benefits as a result of the transfer.

(3) Respirator Selection.

(A) The employer shall select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1; however, employers shall not select or use filtering facepieces for protection against cotton dust concentrations greater than five times (5x) the PEL.

(B) Employers shall provide HEPA filters for powered and non-powered air-purifying respirators used at cotton dust concentrations greater than ten times (10x) the PEL.

(C) Employers shall provide an employee with a powered air-purifying respirator (PAPR) instead of a non-powered air-purifying respirator selected according to subsection (f)(3) when the employee chooses to use a PAPR and it provides adequate protection to the employee as specified by subsection (f)(3).

(g) Work Practices. Each employer shall, regardless of the level of employee exposure, establish and implement a written program of work practices to minimize cotton dust exposure for each specific job. Where applicable, the following work practices shall be utilized:

(1) Compressed air "blow down" and "blow off" cleaning shall be prohibited where alternative means are feasible. Where compressed air "blow down" "blow off" is performed, respirators shall be worn by the employees performing the "blow down" "blow off" and employees in the area whose presence is not required to perform the "blow down" "blow off" shall be required to leave the area during this cleaning operation.

(2) Cleaning of clothing or floors with compressed air shall be prohibited.

(3) Floor cleaning shall be performed with a vacuum or with methods designed to minimize dispersal of dust.

(4) In areas where employees are exposed to concentrations of cotton dust greater than the permissible exposure limit, cotton and cotton waste shall be stacked, sorted, baled, dumped, removed or otherwise handled by mechanical means, except where the employer can show that it is not feasible to do so. Where infeasible, the method used for handling cotton shall be the method which reduces exposure to the lowest level feasible.

(5) The employer shall inspect, clean, maintain, and repair all engineering control equipment and ventilation systems including power sources, ducts, and filtration units of the equipment.

(h) Medical Surveillance.

(1) General.

(A) Each employer who has a place of employment, within the scope of Section 5190(a),in which cotton dust is present shall institute a program of medical surveillance for all employees exposed to cotton dust.

(B) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician and are provided without cost to the employee.

(C) Persons, other than licensed physicians, who administer the pulmonary function testing required by this section shall complete a training course in spirometry approved by the National Institute for Occupational Safety and Health.

(2) Initial Examinations. The employer shall provide each employee who is or may be exposed to cotton dust with an opportunity for medical surveillance. For new employees, this examination shall be provided prior to initial assignment. The medical surveillance shall include at least the following:

(A) A medical history;

(B) The standardized questionnaire contained in Appendix B; and

(C) A pulmonary function measurement, including a determination of forced vital capacity (FVC) and forced expiratory volume in 1 second (FEV₁), the FEV₁/FVC ratio and the percentage that the measured values of FEV₁ and FVC differ from the predicted values, using the standard tables in Appendix C. The predicted FEV₁ and FVC for blacks shall be multiplied by 0.85 to adjust for ethnic differences.

These determinations shall be made for each employee before the employee enters the workplace on the first day of the work week, following at least 35 hours after the last exposure to cotton dust. The test shall be repeated during the shift, no sooner than 4 and no more than 10 hours after the beginning of the work shift; and, in any event, no more than one hour after cessation of exposure. Such exposure shall be typical of the employee's usual workplace exposure.

(D) Based upon questionnaire results, each employee shall be graded according to Schilling's byssinosis classification system as follows:

Grade O--No particular symptoms on first day of the work week.

Grade one-half--occasional chest tightness on the first day of the work week.

Grade one--chest tightness and/or breathlessness on the first day of the work week only.

Grade two--chest tightness and/or breathlessness on the first day of the work week and other days.

Grade three--grade two symptoms accompanied by evidence of permanent incapacity from diminished effort tolerance and/or reduced ventilatory capacity.

(3) Periodic Examinations.

(A) The employer shall provide at least annual medical surveillance for all employees exposed to cotton dust above the action level in yarn manufacturing, slashing and weaving, cotton washing and waste house operations. The employer shall provide medical surveillance at least every two years for all employees exposed to cotton dust at or below the action level, for all employees exposed to cotton dust from washed cotton (except from washed cotton defined in paragraph (n)(3) of this Section), and for all employees exposed to cotton dust in waste processing operations. For all employees exposed to cotton dust in cottonseed processing, the employer shall provide medical surveillance within one year of employment, and at least every two years thereafter. Periodic medical surveillance shall include at least an update of the medical history, standardized questionnaire (App. B-III), Schilling byssinosis grade, and the pulmonary function measurements in Section 5190(h)(2)(C).

(B) Medical surveillance as required in Section 5190(h)(3)(A) shall be provided every six months for all employees in the following categories:

1. An FEV₁ of greater than 80 percent of the predicted value, but with an FEV₁ decrement of 5 percent or 200ml on a first working day;

2. An FEV₁ of less than 80 percent of the predicted value; or

3. Where, in the opinion of the physician, any significant adverse change in questionnaire finding, pulmonary function results, or other diagnostic tests has occurred.

(C) An employee whose FEV₁ is less than 60 percent of the predicted value shall be referred to a physician for a detailed pulmonary examination.

(D) A comparison shall be made between the current examination results and those of previous examinations and a determination made by the physician as to whether there has been a significant change.

(4) Information Provided to the Physician. The employer shall provide the following information to the examining physician:

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

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

(C) The employee's exposure level or anticipated exposure level;

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

(E) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.

(5) Physician's Written Opinion.

(A) For each employee, the employer shall obtain a written opinion from the examining physician containing the following:

1. The results, insofar as they relate to occupational exposure to cotton dust, of the medical examination and tests including the FEV₁, FVC and FEV₁/FVC ratio;

2. The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to cotton dust;

3. The physician's recommended limitations upon the employee's exposure to cotton dust or upon the employee's use of respirators including a determination of whether an employee can wear a negative pressure respirator, and where an employee cannot, a determination of the employee's ability to wear a powered air purifying respirator; and,

4. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.

(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.

(C) The employer shall furnish the employee with a copy of the physician's written opinion.

(i) Employee Education and Training.

(1) Training Program.

(A) The employer shall provide a training program for all employees in all workplaces within the scope of Section 5190(a) where cotton dust is present and shall assure that each employee in these workplaces is informed of the following:

1. The specific nature of the operations which could result in exposure to cotton dust at or above the permissible exposure limit;

2. The measures, including work practices required by Section 5190(g), necessary to protect the employee from exposures in excess of the permissible exposure limit:

3. The purpose, proper use and limitations of respirators required by Section 5190(f);

4. The purpose for and a description of the medical surveillance program required by Section 5190(h) and other information which will aid exposed employees in understanding the hazards of cotton dust exposure;

5. The purpose for monitoring and an explanation of the sampling and measurement procedures;

6. The contents of this standard and its appendices; and

7. The acute and long-term health hazards associated with exposure to cotton dust.

(B) The training program shall be provided prior to initial assignment and shall be repeated at least annually for each employee exposed to cotton dust, when job assignments or work processes change and when employee performance indicates a need for retraining.

(2) Access to Training Materials.

(A) Each employer shall post a copy of this section and its appendices in a public location at the workplace, and shall, upon request, make copies available to employees.

(B) The employer shall provide all materials relating to the employee training and information program to authorized representatives of the Chief and the Director upon request.

(j) Signs.

(1) The employer shall post the following warning sign in each work area where the permissible exposure limit for cotton dust is exceeded:

DANGER

COTTON DUST CAUSES DAMAGE TO LUNGS (BYSSINOSIS)

WEAR RESPIRATORY PROTECTION IN THIS AREA

(2) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (j)(1) of this section:

WARNING! COTTON DUST WORK AREA

May Cause Lung Injury

(Byssinosis)

RESPIRATOR REQUIRED IN THIS AREA

(k) Recordkeeping.

(1) Exposure Measurements.

(A) The employer shall establish and maintain an accurate record of all measurements required by Section 5190(d).

(B) The record shall include:

1. A log containing the items listed in paragraph IV-A of Appendix A, and the dates, number, duration, and results of each of the samples taken, including a description of the procedure used to determine representative employee exposures;

2. The type of respiratory protective devices worn, if any, and length of time worn during the work day; and

3. The names, social security numbers, job classifications, and exposure levels of employees whose exposure the measurement is intended to represent.

(C) The employer shall maintain this record for at least 20 years.

(2) Medical Surveillance.

(A) The employer shall establish and maintain an accurate medical record for each employee subject to medical surveillance required by Section 5190(h).

(B) The record shall include:

1. The name and social security number and description of the duties of the employee;

2. A copy of the medical examination results (insofar as such results relate to occupational exposure to cotton dust) including the medical history, questionnaire responses, results of all tests, and the physician's recommendation;

3. A copy of the physician's written opinion;

4. Any employee medical complaints related to exposure to cotton dust;

5. A copy of this standard and its appendices, except that the employer may keep one copy of the standard and the appendices for all employees, provided that reference to the standard and its appendices is made in the medical surveillance record of each employee; and

6. A copy of the information provided to the physician as required by Section 5190(h)(4).

(C) The employer shall maintain this record for at least 20 years.

(3) Availability.

(A) The employer shall make all records required to be maintained by Section 5190(k) available to authorized representatives of the Chief or Director for examination and copying.

(B) Employee exposure measurement records and employee medical records required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with Section 3204.

(4) Transfer of Records.

(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records for the prescribed period. These records shall be transmitted to the Director of the National Institute for Occupational Safety and Health at least three months prior to the disposal of such records and shall transmit those records to the Director if so requested within that period.

(B) Whenever the employer ceases to do business, and there is no successor employer to receive and retain the records for the prescribed period, these records shall be transmitted to the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services.

(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the Director of the National Institute for Occupational Safety and Health at least three months prior to the disposal of such records and shall transmit those records to the Director, if so requested within that period.

(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.

(l) Observation of monitoring by an affected employee or employees, or their representative, pursuant to 8 Cal. Admin. Code 340.1, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.

(m) Startup.

(1) Initial Monitoring. The initial monitoring required by Section 5190(d)(2) shall be completed as soon as possible but within 6 months of the effective date of this section.

(2) Methods of Compliance; Engineering and Work Practice Controls.

(A) The engineering and work practice controls required by Section 5190(e) shall be implemented no later than March 27, 1984 except as set forth in Section 5190(m)(2)(B).

(B) The engineering and work practice controls required by Section 5190(e) shall be implemented no later than 6 months after the effective date of section (m)(2)(B), for ring spinning operations (including only ring spinning and winding, twisting, spooling, beaming and warping following ring spinning) where the operations meet the following criteria:

1. The weight of the yarn being run is 100 percent cotton and the average yarn count by weight is 18 or below;

2. The average weight of the yarn run is 80 percent or more cotton and the average yarn count by weight is 16 or below; or

3. The average weight of the yarn being run is 50 percent or more cotton and the average yarn count by weight is 14 or below;

(C) When the provisions of Section 5190(m)(2)(B) are being relied upon, the following definitions shall apply:

1. The average cotton content shall be determined by dividing the total weight of cotton in the yarns being run by the total weight of all the yarns being run in the relevant work area.

2. The average yarn count shall be determined by multiplying the yarn count times the pounds of each particular yarn being run to get the "total hank" for each of the yarns being run in the relevant area. The "total hank" values for all of the yarns being run should then be summed and divided by the total pounds of yarn being run, to produce the average yarn count number for all the yarns being run in the relevant work area.

(D) Where the provisions of Section 5190(m)(2)(B) are being relied upon, the employer shall update the employer's compliance plan no later than 6 months after the effective date of Section (m)(2)(D) to indicate the steps being taken to reduce cotton dust levels to 200 µg/M³ through the use of engineering and work practice controls.

(E) Where the provisions of Section 5190(m)(2)(B) are being relied upon, the employer shall maintain airborne concentrations of cotton dust below 1000 µg/M³ mean concentration averaged over an eight-hour period measured by a vertical elutriator or an equivalent instrument with and engineering and work practice controls and shall maintain the permissible exposure limit specified by Section 5190(c)(1)(A) with any combination of engineering controls, work practice controls and respirators.

(3) Compliance Program. The compliance program required by Section 5190(e)(3) shall be established no later than one year from the effective date of this section.

(4) Respirators. Appropriate respirators, in accordance with the table under Section 5190(f)(2)(A), shall be provided as soon as possible following the conduct of initial monitoring required by Section 5190(d)(2). Respirators required under Section 5190(f)(1)(B)4 shall be provided within 30 days of the effective date of this standard and respirators required under Section 5190(f)(1)(B)5 shall be provided within 30 days of the employee request.

(5) Work Practices. The work practices required by Section 5190(g) shall be implemented no later than 3 months from the effective date of this section.

(6) Medical Surveillance. The medical surveillance required by Section 5190(h) shall be completed no later than one year from the effective date of this section for the textile industry and no later than December 13, 1986 for the cotton seed processing and waste processing industry.

(7) Employee Education and Training. The initial education and training required by Section 5190(i) shall be completed as soon as possible but no later than 3 months from the effective date of this section.

(n) Washed Cotton.

(1) Exemptions. Cotton, after it has been washed by the processes described in this paragraph, is exempt from all or parts of this section as specified if the requirements of this paragraph are met.

(2) Initial requirements.

(A) In order for an employer to qualify as exempt or partially exempt from this standard for operations using washed cotton, the employer must demonstrate that the cotton was washed in a facility which is open to inspection by the Chief and the employer must provide sufficient accurate documentary evidence to demonstrate that the washing methods utilized meet the requirements of this paragraph.

(B) An employer who handles or processes cotton which has been washed in a facility not under the employer's control and claims an exemption or partial exemption under this paragraph, must obtain from the cotton washer and make available at the worksite, to authorized representatives of the Chief, to any affected employee, or to their designated representative the following:

1. A certification by the washer of the cotton of the grade of cotton, the type of washing process, and that the batch meets the requirements of this paragraph;

2. Sufficient accurate documentation by the washer of the cotton grades and washing process; and

3. An authorization by the washer that the Chief or the Director may inspect the washer's washing facilities and documentation of the process.

(3) Medical and dyed cotton. Medical grade (USP) cotton, cotton that has been scoured, bleached and dyed, and mercerized yarn shall be exempt from all provisions of this standard.

(4) Higher grade washed cotton. The handling or processing of cotton classed as "low middling light spotted or better" which has been washed:

(A) On a continuous batt system or a rayon rinse system.

(B) With water,

(C) At a temperature of no less than 60 degrees C.

(D) With a water-to-fiber ratio of no less than 40:1, and

(E) With bacterial levels in the wash water controlled to limit bacterial contamination of the cotton, shall be exempt from all provisions of the standard except the requirements of Section 5190(h) Medical Surveillance, (k)(2)-(4) Recordkeeping-Medical Records, and Appendices B, C, and D.

(5) Lower grade washed cotton. The handling and processing of cotton of grades lower than "low middling light spotted, " that has been washed as specified in Section 5190(n)(4) and has also been bleached, shall be exempt from all provisions of the standard except the requirements of Sections 5190(c)(1)(B) Permissible Exposure Limit, (d)Exposure Monitoring, (h) Medical Surveillance, (k) Recordkeeping, and Appendices B, C and D.

(6) Mixed grades of washed cotton. If more than one grade of washed cotton is being handled or processed together, the requirements of the grade with the most stringent exposure limit, medical and monitoring requirements shall be followed.

(o) Appendices.

(1) Appendices B, C, and D of this section are incorporated as part of this section and the contents of these appendices are mandatory.

(2) Appendix A of this section contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

(3) Appendix E of this section is a protocol which may be followed in the validation of alternative measuring devices as equivalent to the vertical elutriator cotton dust sampler. Other protocols may be used if it is demonstrated that they are statistically valid, meet the requirements in Section 5190(d)(1)(C), and are appropriate for demonstrating equivalency.

Cal. Code Regs. Tit. 8, § 5190

1. Renumbering and amendment of former Section 5217 and Appendices A-D to Section 5190 and Appendices A-E filed 11-21-86; effective thirtieth day thereafter (Register 86, No.47).
2. Reprinting of subsections (m) and (n) to correct errors in sequence of text made by printing plant during production of Register 86, No. 47 (Register 87, No. 13).
3. Amendment of subsections (d)(1)(c), (h)(1)(A), (h)(2)(C), (i)(1)(A), (m)(2)(E), and (n)(4) filed 6-27-87; operative 6-26-87 (Register 87, No. 23).
4. Amendment of former subsections (f)(1)-(f)(4)(C) including subsection renumbering and relettering resulting in newly designated subsections (f)(1)-(f)(3)(B) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
5. Amendment of subsection (d)(4)(A) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
6. Amendment of subsections (f)(3)(A), repealer and new subsection (f)(3)(B) and new subsection (f)(3)(C) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
7. Amendment of subsection (j) and new subsections (j)(1)-(2) filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
8. Amendment of subsection (j) and new subsections (j)(1)-(2) refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
9. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
10. Amendment of subsection (j) and new subsections (j)(1)-(2) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

1. Renumbering and amendment of former Section 5217 and Appendices A-D to Section 5190 and Appendices A-E filed 11-21-86; effective thirtieth day thereafter (Register 86, No.47).
2. Reprinting of subsections (m) and (n) to correct errors in sequence of text made by printing plant during production of Register 86, No. 47 (Register 87, No. 13).
3. Amendment of subsections (d)(1)(c), (h)(1)(A), (h)(2)(C), (i)(1)(A), (m)(2)(E), and (n)(4) filed 6-27-87; operative 6-26-87 (Register 87, No. 23).
4. Amendment of former subsections (f)(1)-(f)(4)(C) including subsection renumbering and relettering resulting in newly designated subsections (f)(1)-(f)(3)(B) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
5. Amendment of subsection (d)(4)(A) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
6. Amendment of subsections (f)(3)(A), repealer and new subsection (f)(3)(B) and new subsection (f)(3)(C) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
7. Amendment of subsection (j) and new subsections (j)(1)-(2) filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
8. Amendment of subsection (j) and new subsections (j)(1)-(2) refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
9. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
10. Amendment of subsection (j) and new subsections (j)(1)-(2) filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).