Wash. Admin. Code § 296-62-07727

Current through Register Vol. 24-23, December 1, 2024

Section 296-62-07727 - Recordkeeping

(1) Exposure measurements.

(a) The employer must keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in WAC 296-62-07709.

(b) This record must include at least the following information:

(i) Name of employer;

(ii) Name of person conducting monitoring;

(iii) The date of measurement;

(iv) Address of operation or activity;

(v) Description of the operation or activity involving exposure to asbestos that is being monitored;

(vi) Personal or area sample;

(vii) Name, Social Security number, and exposure level of the employees whose exposures are represented;

(viii) Type of protective devices worn, if any;

(ix) Pump calibration date and flow rate;

(x) Total volume of air sampled;

(xi) Name and address of analytical laboratory;

(xii) Number, duration, and results (f/cc) of samples taken;

(xiii) Date of analysis; and

(xiv) Sampling and analytical methods used and evidence of their accuracy.

(c) The employer must maintain this record for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(2) Objective data for exempted operations.

(a) Where the processing, use, or handling of products made from or containing asbestos is exempted from other requirements of this section under WAC 296-62-07709(2)(a)(iii) and (3)(b)(i), the employer must establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(b) The record must include at least the following:

(i) The product qualifying for exemption;

(ii) The source of the objective data;

(iii) The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;

(iv) A description of the operation exempted and how the data support the exemption; and

(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

(c) The employer must maintain this record for the duration of the employer's reliance upon such objective data.

Note:

The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.

(3) Medical surveillance.

(a) The employer must establish and maintain an accurate record for each employee subject to medical surveillance by WAC 296-62-07725(1)(a), in accordance with chapter 296-802 WAC.

(b) The record must include at least the following information:

(i) The name and Social Security number of the employee;

(ii) Physician's written opinions;

(iii) Any employee medical complaints related to exposure to asbestos;

(iv) A copy of the information provided to the physician as required by WAC 296-62-07725(6); and

(v) A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physicians recommendations.

(c) The employer must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(4) Training. The employer must maintain all employee training records for one year beyond the last date of employment of that employee.

(5) Availability.

(a) The employer, upon written request, must make all records required to be maintained by this section available to the director for examination and copying.

(b) The employer, upon request, must make any exposure records required by subsection (1) of this section available for examination and copying to affected employees, former employees, designated representatives, and the director, in accordance with chapter 296-802 WAC.

(c) The employer, upon request, must make employee medical records required by subsection (2) of this section available for examination and copying to the subject employee, to anyone having the specific written consent of the subject employee, and the director, in accordance with chapter 296-802 WAC.

(6) Transfer of records.

(a) The employer must comply with the requirements concerning transfer of records set forth in chapter 296-802 WAC.

(b) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer must notify the director at least ninety days prior to disposal of records and, upon request, transmit them to the director.

(7) Data to rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data must be maintained for as long as they are relied upon to rebut the presumption.

(8) Records of required notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content must be maintained by the building owner for the duration of ownership and must be transferred to successive owners of such buildings/facilities.

Wash. Admin. Code § 296-62-07727

Amended by WSR 19-01-094, Filed 12/18/2018, effective 1/18/2019

Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-10-026, § 296-62-07727, filed 4/27/04, effective 8/1/04. Statutory Authority: RCW 49.17.010,[49.17].040 , [49.17].050, and 49.26.130. 00-06-075, § 296-62-07727, filed 3/1/00, effective 4/10/00. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-01-079, § 296-62-07727, filed 12/17/96, effective 3/1/97. Statutory Authority: Chapter 49.17 RCW. 87-24-051 (Order 87-24), § 296-62-07727, filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008 (Order 87-06), § 296-62-07727, filed 4/27/87.