Cal. Code Regs. tit. 8 § 5203

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

Section 5203 - Carcinogen Report of Use Requirements

(a) Scope. All employers who use a regulated carcinogen shall report that use in writing to the Chief as required by this section.

NOTE: Asbestos has additional report of use and asbestos-related work registration requirements in sections 1529, 5208, and 8358.

(b) Definitions.

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

Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of a regulated carcinogen.

Regulated carcinogen means a recognized cancer causing substance, compound, mixture, or product regulated by sections 1529, 1532, 1532.2, 1535, 8358, 8359 or Article 110, sections 5200-5220.

Use means any use by an employer that could potentially result in employee exposure to a regulated carcinogen. Use includes, but is not limited to: manufacturing, sale, transfer, storage, disposal, handling, research utilization, and transportation of a regulated carcinogen.

(c) Use that requires reporting.

(1) Regulated area. For all regulated carcinogens that specify a requirement for the employer to establish a regulated area, use of a regulated carcinogen within such a regulated area shall be reported.

(2) For regulated carcinogens that do not have a regulated area requirement, use of the regulated carcinogen shall be reported in the following circumstances:

(A) For chromium (VI) regulated by sections 1532.2 or 8358, reporting is required where an employee's exposure to airborne concentrations of chromium (VI) exceeds, or can reasonably be expected to exceed, the PEL.

(B) For all other regulated carcinogens that do not have a regulated area requirement, reporting is required for any use of a concentration greater than or equal to 0.1% by weight or volume and which results in exposure or potential exposure to employees.

(d) Report of use.

(1) Initial use of a regulated carcinogen shall be reported in writing to the Chief within 15 calendar days of that initial use.

(2) Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change.

(3) All written reports shall be mailed to:

OCCUPATIONAL CARCINOGEN CONTROL UNIT

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH

POST OFFICE BOX 420603

SAN FRANCISCO, CALIFORNIA 94142

(4) The report shall include:

(A) The name of the employer and address of each workplace where a regulated carcinogen is in use;

(B) An identifying description of where the use of a regulated carcinogen is located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to the regulated carcinogen, including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(e) Temporary worksite notification. Employers with temporary worksites need only provide an initial report and changes as specified in subsection (c) for the employer's permanent workplace location. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(f) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(1) A report of the occurrence of an emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(2) A written report shall be filed with the Chief within 15 calendar days after the occurrence of an emergency. The written report shall include:

(A) A description of the operation or process involved including its location, the amount of regulated carcinogen released, and the duration of the emergency.

(B) A statement of the known or estimated extent of employee exposure to the regulated carcinogen and area of contamination.

(C) An analysis of the circumstance that led up to the emergency.

(D) A description of the measures taken or to be taken, with specific dates, to prevent further similar emergencies from reoccurring.

(g) Posting. A copy of the applicable written report of use, temporary worksite notification, and emergency report shall be posted where the regulated carcinogen is in use or other appropriate location where the posting is conspicuous to affected employees. The reports shall be posted until the use no longer takes place at the worksite with the exception of emergency reports which shall be posted for at least 30 days after the written report was filed with the Chief.

Cal. Code Regs. Tit. 8, § 5203

1. New section filed 7-6-99; operative 8-5-99 (Register 99, No. 28). For prior history, see Register 87, No. 51.
2. Change without regulatory effect amending subsection (b) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).
3. Amendment of subsections (b) and (c)(2) and new subsections (c)(2)(A)-(B) filed 10-30-2007; operative 11-29-2007 (Register 2007, No. 44).

Note: Authority cited: Sections 142.3, 9020 and 9030, Labor Code. Reference: Sections 142.3, 9004, 9009, 9020, 9030 and 9031, Labor Code.