OSHA Clarifies Enforcement on Respiratory Hazards Not Covered By PELs
Written By: Atanu Das on Monday, December 17, 2018
In a recent memo issued by OSHA, the agency stated that inspectors may issue violation notices even when Permissible Exposure Limits are not exceeded in the workplace.
The memo, dated November 2018 reiterates the OSH Act requiring each employer to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm." Citations may be issued when all of the following conditions are established in the workplace in order to show a General Duty clause violation:
- The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
- The hazard was recognized;
- The hazard was causing or was likely to cause death or serious physical harm; and,
- There was a feasible and useful method to correct the hazard.
In cases where there are measured respiratory exposures not exceeding a recommended occupational exposure limit (OEL) such as ACGIH Threshold Limit Values (TLVs), NIOSH Recommended Exposure Limits (RELs) or other industry specific limits, OSHA may issue a hazard alert letter (HAL) to advise the employer that one or more employees at the establishment was being, or had been, exposed to a potentially serious respiratory hazard from a chemical that exceeded an OEL.
Remember that even if your SDS or other work instructions do not identify any of the above OELs applicable to your product, it is important to review your worker chemical handling practices to determine if employees are complaining of chemical exposure as this may subject the employer to citation.
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