Skip to main content
Compliance

Occupational Safety and Health Act: Formaldehyde

PURPOSE

The purpose of the Occupational Safety and Health Act is to declare and enforce safety requirements to reduce occupational safety and health hazards and provide safe and healthful working conditions for all workers.

Under the authority of the Occupational Safety and Health Act, the Occupational Safety and Health Administration (OSHA) has adopted and imposed specific safety rules for employers to protect workers from hazards such as exposure to chemicals like formaldehyde.

HISTORY

Before the federal government was granted the authority to create and apply safety regulations, early American laborers faced extensive hazards in the workforce which resulted in countless deaths and serious injuries. On December 29, 1970, President Richard Nixon signed the Williams-Steiger Occupational Safety and Health Act, which gave the federal government authority to set and enforce safety requirements and health standards for American workers.

On December 4, 1987, OSHA issued a new occupational safety and health standard for exposure to formaldehyde. This rule was the conclusion of an “extensive rulemaking proceeding” and resulted in a reduction for both the permissible exposure limits and short term exposure limits. The permissible levels of exposure have been lowered several times over the years in response to documented reports that workers were still experiencing eye, skin, and respiratory irritation at the current acceptable exposure levels.

Under the Occupational Safety and Health Act, States are still permitted to assume responsibility for the development of their own occupational health and safety programs, so long as they are approved by the

APPLICABILITY TO BYU–HAWAII

The provisions of the Occupational Safety and Health Act apply to employment performed in any workplace in the United States under the authority of OSHA. Formaldehyde is a chemical commonly used in many industries, and proper regulation of exposure levels are enforced by OSHA. The formaldehyde regulations apply to all occupational uses and exposures to formaldehyde, including formaldehyde gas, its solutions, and materials that release formaldehyde.

BYU–Hawaii’s biology program and it Museum of Natural History may use formaldehyde to preserve tissue specimens. If any BYU–Hawaii employees use or are exposed to formaldehyde, BYU–Hawaii will be subject to the formaldehyde regulations.

REQUIREMENTS

A. Exposure Limits and Monitoring

Every employer under the formaldehyde regulations must monitor employee exposure levels to formaldehyde to maintain safety in the workplace. Employers must not allow employees to be exposed to levels of formaldehyde that exceed the permissible exposure limit (PEL) of .75 parts per million (ppm) on an 8-hour time-weighted average (TWA) or the short-term exposure limit (STEL) of 2 ppm in 15 minutes.

Employers are not required to measure employee exposure to formaldehyde if they can provide objective documentation proving that the presence of formaldehyde in the workplace will not result in airborne concentrations that would expose any employees above the action level or the STEL. The action level is a concentration of 0.5 ppm of formaldehyde as calculated on an 8-hour TWA.

If appropriate, an employee’s exposure during a full shift or short-term exposure may be determined from a representative sampling. Representative samples must be taken in each work area for each job classification, unless the employer can provide objective documentation proving that exposure levels are equivalent for different work shifts.

Employers must identify and monitor each employee who may be exposed at or above the STEL. An initial monitoring is required each time a change occurs in production, equipment, process, personnel, or control measures that may result in additional exposure to formaldehyde.

Employers must annually measure their employees’ exposure to formaldehyde unless the last monitoring results reveal that employees’ exposure was at or above the action level, in which case the employers must monitor the employees at least every 6 months. If an employer receives any reports of signs or symptoms associated with formaldehyde exposure, they must monitor the affected worker’s exposure promptly. An employer may cease monitoring periodically if results from two samplings (which occurred at least 7 days apart) show that employees have an exposure that is below the action level and the STEL. The monitoring results must be presented to the affected workers within 15 days after the results are calculated. Monitoring results that indicate an exposure level above the PEL must be accompanied with the corrective action plan the employer is taking to lower exposure rates.

Engineering and work practice controls must be established to ensure reduced exposure (below the TWA and STEL) to formaldehyde, unless certain work conditions will not benefit from engineering and work practice controls. In this case, additional requirements and respirators will be required.

B. Establishing Regulated Areas and Respiratory Protection

Areas where the concentration of airborne formaldehyde exceeds the TWA or the STEL must be regulated and access limited. All entrances to the regulated areas must have signs posted that read:

DANGER

FORMALDEHYDE

IRRITANT AND POTENTIAL CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

Employers must provide all employees working in regulated areas with appropriate respirators and implement a respiratory protection program according to the requirements set forth in a separate set of respiratory protection regulation. Employees must use their respirators during the following activities that may result in exposure to formaldehyde:

  1. Installation or implementation of engineering and work-practice controls;
  2. Work operations for which engineering and work-practice controls are not feasible (as established by the employer);
  3. Work operations for which engineering and work-practice controls are not sufficient to reduce employee exposure to or below the PELs; and
  4. Emergencies.

C. Protective Equipment and Clothing

Employers must provide protective equipment and clothing to their employees at no cost and ensure that employees comply with the regulations regarding personal protective equipment. Employers must choose the protective clothing based on the type of formaldehyde encountered, conditions of use, and hazard to be prevented. Employers must ensure that formaldehyde-contaminated clothing is cleaned or laundered between uses and ensure that only people who are trained to recognize the hazards of formaldehyde remove contaminated materials from storage areas for cleaning. When employers need to ventilate clothing and equipment contaminated with formaldehyde, they must establish a storage area for this purpose to limit employee exposure. Both the storage area and the containers for contaminated clothing and equipment must have labels and signs that read as follows:

DANGER

FORMALDEHYDE-CONTAMINATED [CLOTHING] EQUIPMENT

AVOID INHALATION AND SKIN CONTACT

Employees must have full body protection for emergency reentry into areas where concentrations are not known and in areas where concentrations exceed 100 ppm. Employees must wear protective clothing made of material impervious to formaldehyde, as well as goggles and face shields to prevent contact with liquids of 1 percent or more formaldehyde. If an employee wears a face shield that does not fully protect formaldehyde from reaching the eyes, chemical safety goggles must also be worn.

Employers must provide quick-drench showers and eyewash facilities within the immediate formaldehyde work area in case of skin or eye contact with solutions containing 1 percent or greater formaldehyde. Employers must also provide changing rooms for employees required to wear protective equipment.

D. Detecting Leaks and Spills

For any operations that involve formaldehyde liquids or gas, employers must conduct a program to detect any leaks or spills. As part of this program, employers must do the following:

  1. Undertake preventative maintenance of equipment at regular intervals;
  2. Make provisions to contain any potential spills, decontaminate work areas, and dispose of waste;
  3. Assure that any leaks are repaired by employees who are wearing protective equipment and are trained in proper cleanup; and
  4. Dispose of formaldehyde-contaminated waste in sealed containers identified with formaldehyde warning labels and hazards.

In any workplace where there is the possibility of an emergency involving formaldehyde, employers must adopt appropriate procedures to minimize injury and loss of life.

E. Medical Surveillance

Employers must provide medical surveillance to all employees who (1) are exposed to formaldehyde concentrations at or above the action level or STEL, or (2) develop signs and symptoms of formaldehyde overexposure. Any necessary medical procedures must be performed by or under the supervision of a licensed physician and must be provided to the employee without any cost or loss of pay. Prior to the assignment of a job requiring formaldehyde exposure at or above the action level or STEL, employers must make the following medical surveillance procedures available to their employees:

  1. Administration of a medical disease questionnaire to obtain information on work history; smoking history; eye, nose, or throat irritation; chronic airway problems or hyper-reactive airway disease; allergic skin conditions or dermatitis; and upper or lower respiratory problems; and
  2. A physician’s determination of whether a medical examination is necessary for employees not required to wear respirators.

Employees must be given a medical examination if the physician feels that an employee may be at increased risk from exposure to formaldehyde. Following an exposure during an emergency, employers must provide all exposed employees with medical examinations reviewing medical and work history, with an emphasis on evidence of upper or lower respiratory problems, allergic conditions, skin reaction or hypersensitivity, and evidence of eye, nose, or throat irritation.

The employer must provide examining physicians with all of the following:

  1. A copy of the formaldehyde regulations, including appendices A, C, D, and E56
  2. A description of the affected employee’s job duties as they relate to formaldehyde exposure
  3. The representative exposure level for the employee’s assignment58
  4. Information concerning personal protective equipment and respiratory protection used by the employee
  5. Information from any previous medical examinations of the affected employee that are within control of the current employer.

In non-routine examinations due to emergencies, the employer must provide the physician with a description of how the emergency occurred and the exposure the victim may have received. For every examination, the physician must provide the employer with a written opinion which contains the results of the medical examination. This document must not include specific findings or diagnoses which do not relate to formaldehyde exposure. The physician’s written opinion must include the following:

  1. The physician’s opinion concerning whether the employee has any medical conditions that would increase the risk of impairment of health in the case of formaldehyde exposure;
  2. Any recommended limitations on the employee’s exposure or changes in use of personal protective equipment;
  3. A statement that the physician has informed the employee of any medical conditions that would be aggravated by exposure to formaldehyde, whether these conditions may be a result of previous formaldehyde exposure, and whether there is need for further examination or treatment.

The employer must retain all results of medical examinations and tests conducted by the physician. The employer must also provide the affected employee with a copy of the physician’s written opinion within 15 days of receiving it.

Physicians must determine whether an employee should be removed from the workplace following formaldehyde exposure. Employers must transfer any removed employees to comparable work that the employee is qualified for (or can be trained for in a period of time up to 6 months) where formaldehyde exposures are as low as possible and not above the action level. Employers must provide these employees with the same level of earnings, seniority, and other benefits. If the removed employee receives compensation for earnings lost during a period of removal, employers may reduce the employee’s earnings, seniority, and other benefits.

After an employer provides a medical review, employees may request a review by a second physician. If the findings of the second physician differ from the findings of the first physician, the employer and employee must request that the two physicians make efforts to resolve the disagreement. If the two physicians cannot resolve the differences, the employer and employee must seek a third opinion from a physician who is a specialist in the field at issue. The employer must act according to the findings, determinations, and recommendations of the third physician unless the employer and employee reach an agreement to act consistent with the findings of any of the three physicians.

F. Employee Information and Training

Employers must provide all employees who will work in areas with more than 0.1 ppm of formaldehyde with a training program. The training must be provided to all employees at the time of initial assignment, and any time there is a new exposure of formaldehyde in the work area. The training must also be repeated annually for all employees. The training program must include:

  1. A discussion of the contents of the formaldehyde regulations listed in 29 C.F.R. § 1910.1048 and the Material Safety Data Sheet (MSDS);
  2. The purpose of the required medical surveillance program and a description, including
    1. Descriptions of the potential health hazards associated with formaldehyde exposure, including a description of signs and symptoms of exposure
    2. Instructions to immediately report the development of any adverse signs or symptoms suspected to be attributable to formaldehyde exposure.
  3. Descriptions of operations in the work area where formaldehyde is present and an explanation of the appropriate safety measures for limiting formaldehyde exposure in each job
  4. The purpose, proper use, and limitations of personal protective clothing and equipment
  5. Instructions for handling spills, emergencies, and clean up procedures
  6. An explanation of the importance of engineering and work practice controls for employee protection, as well as any necessary instruction in the use of these controls
  7. A review of emergency procedures, including the specific assignments of each employee in the event of an emergency.

Employers must make training materials available to all affected employees and, upon request, the Assistant Secretary of Labor and Director of the National Institute for Occupational Safety and Health.

G. Hazard Communication

Employers must develop, implement, and maintain at the workplace a written hazard communication program for formaldehyde exposures in the workplace. This should include an explanation of how all necessary regulations will be met. Hazard communication requirements apply to formaldehyde gas, all mixtures or solutions composed of greater than 0.1 percent formaldehyde, and materials capable of releasing formaldehyde into the air at concentrations reaching or exceeding 0.1 ppm. Specific health hazards that employers must address are cancer, irritation, and sensitization of the skin and respiratory system, eye and throat irritation, and acute toxicity.

Employers must ensure that all containers holding formaldehyde or formaldehyde-containing products are labeled with the appropriate warnings. If the products are capable of releasing formaldehyde at levels of 0.1 ppm to 0.5 ppm, labels must include the following:

  1. An indication that the product contains formaldehyde;
  2. The name and address of the party responsible for handling the products; and
  3. A statement that the physical and health hazard information is readily available from the
    employer and from the MSDS.

If the products are capable of releasing formaldehyde at levels above 0.5 ppm, labels must include all potential hazards, including respiratory sensitization, and must contain the words “Potential Cancer Hazard.” The employer must rely on objective data in determining the anticipated levels of formaldehyde release under reasonably foreseeable conditions of use.

Manufacturers and importers of formaldehyde or formaldehyde-containing products must provide all employers using or handling these products with the required labels and MSDS if the items may constitute a health hazard. These materials must be provided to all employers purchasing formaldehyde or formaldehyde-containing products at the time of the initial shipment and at the time of the first shipment after an MSDS is updated.

H. Record Keeping

Employers must establish and maintain accurate records of all of the following:

  1. All measurements taken to monitor employee exposure to formaldehyde, including
    1. The date of each measurement;
    2. The operation being monitored;
    3. The methods of sampling analysis, and evidence that they are accurate and precise;
    4. The number, durations, time, and results of samples taken;
    5. The types of protective devices worn; and
    6. The names, job, classifications, social security numbers, and exposure levels of the employees who are exposed to the levels displayed by the actual monitoring results.
  2. The objective data used to support a determination that no employee is exposed to
    formaldehyde at or above the action level.
  3. Each employee subject to medical surveillance, including
    a. The name and social security number of each employee;
    b. The physician’s written opinion;
    c. A list of any employee health complaints that may be related to formaldehyde
    exposure; and
    d. A copy of the medical examination results.
  4. Each employee that requires negative pressure respirator fit testing, including
    a. A copy of the selected protocol for respirator fit testing;
    b. A copy of the results of the fit testing performed;
    c. The size and manufacturer of the types of respirators available;
    d. The date of the most recent fit testing;
    e. The name and social security number of each tested employee; and
    f. The respirator type and facepiece selected.

Employers must keep exposure and determinations records for at least 30 years, employee medical records for the duration of employment plus 30 years, and respirator fit testing records until replaced by a more recent record. Employers must make the above records available for examination and copying OSHA. Employers must also make any employee exposure records available upon request and copying to the subject employee, former employee, or designated employee representative.

PENALTIES

Any employer who willfully or repeatedly violates the provisions of the Occupational Safety and Health Act or any other regulations or rules in accordance with 29 U.S.C. § 655 may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation.