July 1994

What is the Public Employees Occupational Safety and Health Laboratory Standard?

On June 21, 1993, the PEOSH Standard, "Occupational Exposure to Hazardous Chemicals in Laboratories" (29 CFR 1910.1450) was adopted. This standard protects workers who use and handle hazardous chemicals in laboratories.

The PEOSH laboratory standard is designed to protect public employees from intermittent exposure to a broad range of chemicals encountered in laboratories. The standard addresses the specific concerns which make laboratory activities different from industrial activities in the use and handling of hazardous chemicals.

Which Laboratories are Covered?

The standard covers all laboratories engaged in the use of "hazardous chemicals" in accordance with the definition of "laboratory use" and "laboratory scale" as provided in the standard. (See Definitions).

Which Laboratories are Not Covered?

The standard does not cover laboratories where the use of a chemical provides no potential for employee exposure (e.g., the use of "Dip and Read" tests involving reagent strips or the use of commercially prepared kits, such as pregnancy tests).

Preemption by Other PEOSH Adopted Health Standards

The standard supersedes the provisions of all other standards in 29 CFR 1910, Subpart Z except when:

• Routine exposure levels are above the action level specified in a substance specific standard (e.g., the Benzene standard);
• A substance specific standard addresses laboratory use (e.g., the Formaldehyde standard);
• Skin and eye contact provisions apply.

In these instances, the laboratory standard applies in addition to the requirements of the chemical specific standard.

Definitions

Hazardous Chemicals:

For the purpose of this standard, the definition of hazardous chemicals includes the chemicals regulated under 29 CFR 1910, Subpart Z and any chemical meeting the definition of a hazardous chemical in OSHA's Hazard Communication Standard - 29 CFR 1910.1200(c). Most of these hazardous substances are also on the New Jersey Right to Know (NJ RTK) Hazardous Substance List.

Select Carcinogen:

Any substance which meets one of the following criteria:

1. It is regulated by PEOSH as a carcinogen; or
2. It is listed under the category, "known to be carcinogens," in the Annual Report on Carcinogens published by the National Toxicology Program (NTP) (latest edition); or
3. It is listed under Group 1 ("carcinogen to humans") by the International Agency for Research on Cancer Monographs (IARC) (latest editions) or
4. It is listed in either Group 2A or 2B by IARC or under the category, "reasonably anticipated to be carcinogens" by NTP, and causes statistically significant tumor incidence in experimental animals in accordance with certain established criteria.

Laboratory Scale:

This means that chemicals are used in such a way that the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely handled by one person. Laboratory scale excludes workplaces whose function is to produce commercial quantities of materials.

Laboratory Use of Hazardous Chemicals:

This means the handling or use of hazardous chemicals in which all of the following conditions are met:

1. Multiple chemical procedures or chemicals are used;
2. The procedures involved are not part of a production process, nor in any way simulate a production process;
3. Chemical manipulations are carried out on a "laboratory scale;" and
4. Protective laboratory practices and equipment such as laboratory hoods are available and in common use to minimize the potential for employee exposure to hazardous chemicals.

Designated Area:

An area which may be used for work with "select carcinogens," reproductive toxins or substances which have a high degree of acute toxicity. A designated area may be the entire laboratory, an area of a laboratory or a device, such as a laboratory hood.

Chemical Hygiene Officer:

An employee who is designated by the employer, and who is qualified by training or experience, to provide technical guidance in the development and implementation of the provisions of the Chemical Hygiene Plan. This definition is not intended to place limitations on the position description or job classification that the designated individual shall hold within the employer's organizational structure.

What are the Major Requirements of the Standard?

Employee Exposure Determination:

The employer shall periodically measure the employees' exposure to any substances regulated by a standard which requires monitoring if there is reason to believe that exposure levels for that substance routinely exceed the action level (in the absence of the action level, the permissible exposure level, (PEL). The employer must notify the employee of the results within 15 working days after receipt of the monitoring results. The employer can achieve the exposure requirements and protect employees from chemical hazards by implementing a written Chemical Hygiene Plan (CHP).

Chemical Hygiene Plan (CHP):

This is a document developed and written by an employer which specifies the training and information requirements of the standard. It is the core of the standard. The location of the CHP must be known by all employees. It must be available to employees, employees' representatives, and upon request, to PEOSH Program representatives. The CHP must include the following components:

• Standard operating procedures(SOPS) relevant to safety and health considerations for working with hazardous chemicals.
• Criteria which the employer would use to determine and implement employee exposure control measures, including engineering controls, personal protective equipment (PPE), and personal hygiene practices.
• A requirement that fume hoods and other protective equipment are functioning properly and specific measures that shall be taken to ensure proper and adequate performance of such equipment.
• Employee Information and training.
The employer must provide employees with information and training to ensure that they are aware of the hazards of the chemicals present in their work area. This information must be provided at the time of initial assignment into an area where chemicals are handled and prior to assignments which involve new hazards in a laboratory. The frequency of refresher information and training shall be determined by the employer. Employees must be informed of:
• the contents of the standard and its appendices. A copy of the standard must be made available to them.
• the permissible exposure limits for PEOSH adopted regulated substances or recommended exposure limits for other hazardous chemicals where there is no applicable PEOSH adopted standard.
• signs and symptoms associated with exposures to hazardous chemicals used in the laboratory.
• the location and availability of known reference materials on hazards, safe handling, storage and disposal of hazardous chemicals found in the laboratory, including, but not limited to material safety data sheets (MSDSs) and New Jersey Hazardous Substance Fact Sheets.

Employee Training must include:

• the methods and observations that may be used to detect the presence or release of a hazardous chemical;
• the physical and health hazards of chemicals in the work area;
• the measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used.
• applicable details of the written Chemical Hygiene Plan.

(Please note: Because of their many similarities, Laboratory Standard training and Right to Know training should be combined in order to avoid duplication of training.)

• The circumstances under which a particular laboratory operation, procedure or activity shall require prior approval from the employer or the employer's designee before implementation.
• Provisions for medical consultation and examination. All employees who work with hazardous chemicals must be given the opportunity to receive medical aftention, including any follow-up examinations which the examining licensed physician determines to be necessary undercertain circumstances. See 29 CFR 1910.1450(g)(1)(i), (ii) and (iii). Medical examinations and consultations must be provided without cost to the employee, without loss of pay and at a reasonable time and place. The employer must provide certain information to the physician, including the identity of the hazardous chemicals, a description of the conditions under which the exposure occurred, and a description of the signs and symptoms of exposure that the employee is experiencing.
• Designation of a person responsible for the implementation of the CHP including the assignment of a Chemical Hygiene Officer and, if appropriate, establishment of a Chemical Hygiene Committee.

• Establishment of a designated area. This is necessary if particularly hazardous chemicals (e.g., "select carcinogens", reproductive toxins, teratogens, or acutely toxic chemicals) are used in a laboratory. Procedures such as the use of fume hoods or glove boxes, decontamination, and safe removal of contaminated waste may be used in a designated area.
• Establish a hazard Identification system. Labels on incoming containers of hazardous chemicals must not be removed or defaced. MSDSs and NJ Hazardous Substance Fact Sheets on incoming hazardous chemicals must be retained and made available to laboratory employees. This section of the standard also has provisions to be followed when chemicals are produced in a laboratory for its specific use. According to the NJ RTK law, RTK labeling may be required for laboratories that are not research and development laboratories. See N.J.A.C. 8:59-5 for the RTK labeling requirements.
• Establish a respiratory protection program. Where the use of respirators is necessary to maintain exposure below permissible exposure limits (PELs), the PEOSH adopted Respiratory Protection Standard (29 CFR 1910.134) will apply. The employer must provide, at no cost to the employee, the proper respiratory protective equipment, training and must maintain and implement a written respiratory protection program.
• Establish a recordkeeping procedure. The PEOSH adopted Access to Employee Exposure and Medical Records Standard (29 CFR 1910.20) applies and requires employers to keep records for each employee of any exposure measurements or medical consultations and examinations. This includes tests or written opinions. The employer shall assure that such records are kept, transferred and made available in accordance with 29 CFR 1910.20.
  

  Under this regulation, exposure records and data analysis based on them are to be kept for 30 years. Medical records are to be kept for at least the duration of employment plus 30 years. Medical records of employees who have worked for less than 1 year need not be retained after employment, but the employer must provide these records to the employee upon termination of employment.

Appendices

Appendices to the Laboratory Standard provide non-mandatory guidelines and recommendations for compliance. Appendix A is extracted from the 1981 National Research Council publication, Prudent Practices for Handling Hazardous Chemicals. Appendix B contains a variety of references intended to assist the employer in developing a Chemical Hygiene Plan.

This information bulletin provides an overview of the New Jersey PEOSH Occupational Exposure To Hazardous Chemicals Standard. Consult the standard itself for complete information.

New Jersey State Department of Health and Senior Services
Public Employees Occupational Safety and Health Program
PO Box 360
Trenton, New Jersey 08625-0360
(609) 984-1863

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Last Updated: December 1, 1997