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TELE 14.-CARBON TETRACHLORIDE BENCH TESTS AND REQUIREMENTS FOR CANISTERS AND

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life will be determined at 5 p.p.m. leakage.
rate shall be the effective flow rate of the device, but shall be not less than 115 1.p.m.
rate shall be the effective flow rate of the device, but shall be not less than 170 l.p.m.

PART 85-REQUESTS FOR HEALTH HAZARD EVALUATIONS

Applicability.

Definitions.

Procedures for requesting health hazard evaluations.

Contents of a request for health hazard evaluations.

Acting on requests.

Authority for investigations.

Ki Advance notice of visits.
Conduct of investigations.

Provision of suitable space for empayee interviews and examinations; letification of employees. presentatives of employers and employees; employee requests. 10 Imminent dangers.

Notification of determination to employers, affected employees, and Department of Labor.

12 Subsequent requests for health hazard evaluations.

AUTHORITY: Sec. 8(g), 84 Stat. 1600; 29 US.C. 657(g) and sec. 508, 83 Stat. 803; 30

U.S.C. 957.

SOURCE: 37 FR 23640, Nov. 7, 1972, unless otherwise noted.

185.1 Applicability.

This part 85 applies to health hazard evaluations requested by any employer or authorized representative of employees under section 20(a)(6) of the Occupational Safety and Health Act of 1970 or section 501(a)(11) of the Federal Mine Safety and Health Act of 1977. This part is not intended to preclude

the use of other channels of communication with the National Institute for Occupational Safety and Health to obtain information and technical assistance concerning toxic substances or physical agents.

[45 FR 2652, Jan. 14, 1980]

§85.2 Definitions.

Any term defined in the Occupational Safety and Health Act of 1970 or the Federal Mine Safety and Health Act of 1977 and not defined below shall have the meaning given it in the respective Acts. As used in this part:

OSH Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.).

FMSH Act means the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801, et seq.).

Authorized representative of employees means any person or organization meeting the conditions specified in § 85.3-1(e) (1), (2), or (3).

Employee has the same meaning as stated in the OSH Act and for the purposes of this part includes miner as defined in the FMSH Act.

Employer has the same meaning as stated in the OSH Act and for the purposes of this part includes Operator as defined in the FMSH Act.

Health hazard evaluation means the investigation and the determination of potentially toxic or hazardous effects of: (a) Any substance normally used or found in any place of employment to

which the OSH Act is applicable, or (b) any substance or physical agent normally used or found in any place of employment to which the FMSH Act is applicable.

Investigation means a physical inspection of the place of employment under section 8 of the OSH Act or section 103 of the FMSH Act and includes inspection, sampling, observations, review of pertinent records, and other measurements reasonably necessary to determine whether any substance or physical agent found in the place of employment has potentially toxic or hazardous effects in the concentrations or levels used or found.

NIOSH means the National Institute for Occupational Safety and Health, Center for Disease Control, Public Health Service, Department of Health and Human Services.

NIOSH officer means a NIOSH employee who has been authorized by the Director, NIOSH, to conduct investigations according to this part.

Physical agent means any condition produced by the environment and/or work processes that can result in hazardous effects as defined in this section. Examples of physical agents are noise, temperature, illumination, vibration, radiation, and pressure.

Place of employment means any coal or other mine, factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by any employee of an employer.

Substance means any chemical or biological agent or dust which has the potential to produce toxic effects.

Toxic effects or hazardous effects are those effects which result in short- or long-term disease, bodily injury, affect health adversely, or endanger human life.

[45 FR 2652, Jan. 14, 1980]

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NIOSH, 4676 Columbia Parkway, cinnati, OH 45226.

(2) Requests from mining industry. vironmental Investigations Branch vision of Respiratory Disease Stucz NIOSH, 944 Chestnut Ridge Road, las gantown, WV 26505.

(b) Requests for health hazard eme uations shall be submitted in writt and signed by either: (1) The emplo in whose place of employment the stance or physical agent is norme found, or (2) an authorized represen tive of employees (see §85.3–1(e)) in place of employment where the stance or physical agent is norm found.

[45 FR 2653, Jan. 14, 1980]

$85.3-1 Contents of a request ! health hazard evaluation. Each request for health hazard ev uation shall contain:

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(a) The requester's name, address and telephone number, if any.

(b) The name and address of the pla of employment where the substance physical agent is normally found.

(c) The specific process or type work which is the source of the su stance or physical agent, or in whic the substance or physical agent is use (d) Details of the conditions or ci cumstances which prompted the r quest.

(e) A statement, if the requester not the employer, that the requester i

(1) An authorized representative an officer of the organization re resenting the employees for purposes o collective bargaining; or

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(2) An employee of the employer and is authorized by two or more employ ees employed in the same place of em ployment to represent them for pur poses of these Acts (each such author ization shall be in writing and a copy submitted with the request for health hazard evaluation); or

(3) One of three or less employees employed in the place of employment where the substance or physical agent is normally found.

(f) A statement indicating whether or not the name(s) of the requester or those persons who have authorized the requester to represent them may be revealed to the employer by NIOSH.

The following supplementary ination if known to the requester: Identity of each substance or gal agent involved;

The trade name, chemical name, manufacturer of each substance in

Whether the substance or its conor the source of the physical t has a warning label; and

The physical form of the subace or physical agent, number of ple exposed, length of exposure per day), and occupations of exyed employees.

Mr NIOSH has developed two forms enRequest for Health Hazard Evaluand "Request for Mining Health Hazination" to assist persons in requestinations. The forms are available request from the offices listed in ja)(1) and (2) or from the Regional Constart for Occupational Safety and Health by Regional Office of the Department of Bath and Human Services.

FR 2653, Jan. 14, 1980]

4 Acting on requests.

Upon receipt of a request for health hazard evaluation submitted Inder this part, NIOSH will determine Whether or not there is reasonable

to justify conducting an investion.

INIOSH determines that an inFigation is justified, a NIOSH officer Flect the place of employment, collect samples where appropriate, and perform tests necessary to the conduct of health hazard evaluation, including medical examinations of employ

c) If NIOSH determines that an inestigation is not justified, the reester will be notified in writing of the decision.

FR 2653, Jan. 14, 1980]

Authority for investigations. (a) NIOSH officers who have been ised official NIOSH credentials (Form No. CDC/NIOSH 2.93) are authorized by the Director, NIOSH, under sections a) (6) and 8 of the OSH Act and secdons 501(a)(11) and 103 of the FMSH Act: To enter without delay any place if employment for the purpose of conducting investigations of all pertinent processes, conditions, structures, ma

chines, apparatus, devices, equipment, records, and materials within the place of employment; and to conduct medical examinations, anthropometric measurements, and functional tests of employees within the place of employment as may be directly related to the specific health hazard evaluation being conducted. Investigations will be conducted in a reasonable manner, during regular working hours or at other reasonable times and within reasonable limits. In connection with any investigation, the NIOSH officers may question privately any employer, owner, operator, agent, or employee from the place of employment; and review, abstract, and duplicate records required by the Acts and regulations and any other related records.

(b) Areas under investigation which contain information classified by any agency of the United States Government in the interest of national security will be investigated only by NIOSH officers who have obtained the proper security clearance and authorization.

[45 FR 2653, Jan. 14, 1980]

§85.6 Advance notice of visits.

(a) Advance notice of visits to the place of employment may be given to expedite a thorough and effective investigation. Advance notice will not be given when, in the judgment of the NIOSH officer, giving such notice would adversely affect the validity and effectiveness of the investigation.

(b) Where a request in accordance with this part has been made by an authorized representative of employees, advance notice in accordance with paragraph (a) of this section will be given by NIOSH to the requester, the representative of the employees for purposes of collective bargaining if such representative is other than the requester, and to the employer.

(c) Where a request in accordance with this part has been made by any employer, advance notice will be given by NIOSH to the employer. Upon the request of the employer, NIOSH will inform the authorized representative of employees of the visit: Provided, The employer furnishes NIOSH in writing with the identity of such representative and with such information as is

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SH officer may permit addiemployer representatives and itional representatives authoremployees to accompany him determines that such addirepresentatives will further aid estigation. However, if in the t of the NIOSH officer, good has been shown why accompaniby a third party who is not an ree of the employer is reasonably ry to the conduct of an effective thorough investigation of the ce, such third party may acthe NIOSH officer during the don: Provided, however, That acsuch persons to areas described graph (d) of this section shall be ordance with the requirements of rovision, and access to areas dein paragraph (e) of this section be with the consent of the emA different employer and emrepresentative may accompany officer during each different phase inspection if this will not interwith the conduct of the investiga

NIOSH officers are authorized to re all disputes as to who is the sentative authorized by the emand employees for the purpose section. If there is no authorized entative of employees, or if the

cer is unable to determine tresnable certainty who is such Pentative, he shall consult with a Sable number of employees coning matters directly related to the th hazard evaluation.

NIOSH officers are authorized to the right of accompaniment under section to any person whose coninterferes with a fair and orderly ical inspection.

With regard to information classiby an agency of the U.S. Governin the interest of national secuonly persons authorized to have s to such information may accoman officer in areas containing information.

Upon request of an employer, any sentative authorized under this by employees in any area containtrade secrets shall be an employee hat area or an employee authorized he employer to enter that area.

$85.10 Imminent dangers.

Whenever, during the course of, or as a result of, an investigation under this part, the NIOSH officer believes that there is a reasonable basis for an allegation of an imminent danger, NIOSH will immediately advise the employer and those employees who appear to be in immediate danger of such allegation and will inform appropriate representatives of the Department of Labor or the State agency designated under section 18(b) of the OSH Act.

[37 FR 23640, Nov. 7, 1972, as amended at 45 FR 2653, Jan. 14, 1980]

$85.11 Notification of determination to employers, affected employees and Department of Labor.

(a) Upon conclusion of an investigation, NIOSH will make a determination concerning the potentially toxic or hazardous effects of each substance or physical agent investigated as a result of the request for health hazard evaluation. At a minimum, the determination will: (1) Identify each substance or physical agent involved and describe, where appropriate, the concentrations or levels of the substance or physical agent found in the place of employment and the conditions of use, and (2) state whether each substance or physical agent has potentially toxic or hazardous effects in the concentrations or levels found, as well as the basis for the judgments.

(b) Copies of the determination will be mailed to the employer and to the authorized representatives of employ

ees.

(c) Except as hereinafter provided, the employer shall post a copy of the determination for a period of 30 calendar days at or near the workplace(s) of affected employees. The employer shall take steps to insure that the posted determinations are not altered, defaced, or covered by other material during such period. The employer will not be required to post the determination if the employer requests that copies of the determination be mailed to affected employees and furnishes NIOSH with a list of the names and mailing addresses of the employees employed in the workplace(s) designated by the NIOSH Officer. In the latter event, NIOSH will mail such copies to

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