NIOSHHealth Hazard Evaluation

Program

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICESPublic Health Service

Centers for Disease Control and PreventionNational Institute for Occupational Safety and Health

June 2000

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DISCLAIMERMention of any company name or product does not constitute endorsement by the

National Institute for Occupational Safety and Health.

This document is in the public domain and may be freely copied and reprinted.

Copies of this and other NIOSH documents are available from

National Institute for Occupational Safety and HealthPublications Dissemination

4676 Columbia ParkwayCincinnati, Ohio 45226-1998

1-800-35-NIOSH (1-800-356-4674)Fax number: (513) 533-8573

To receive other information about occupational safety and health problems, call1-800-35-NIOSH (1-800-356-4674), or

visit the NIOSH Home Page on the World Wide Web atwww.cdc.gov/niosh

DHHS (NIOSH) Publication No. 2000-132

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What Is NIOSH?NIOSH is the National Institute for Occupational Safety and Health andis part of the Centers for Disease Control and Prevention (CDC), an agencyin the Department of Health and Human Services. NIOSH was createdto carry out the following four tasks:

n Respond to requests for investigation of workplace hazards

n Conduct research to prevent work-related health or safety problems

n Recommend appropriate health and safety rules and regulations

n Train occupational safety and health professionals

NIOSH should not be confused with the Occupational Safety and HealthAdministration (OSHA), an agency in the Department of Labor whoseprimary mission is to set and enforce standards to protect employeehealth and safety.

What Is a Health Hazard Evaluation (HHE)?An HHE is an evaluation of possible health hazards at a workplace. AnHHE is done in response to concerns expressed by employees, employeerepresentatives, or employers. The purpose of the evaluation is to findout whether there is a health hazard to employees caused by exposureto hazardous materials or conditions. Workplace agents NIOSH has stud-ied include chemicals, biological agents, heat stress, noise, radiation,and ergonomic stressors.

The NIOSH HHE program evaluates new or unique hazards, or commonhazards that are not completely understood. Often a site visit is required.When NIOSH evaluates more common types of hazards, however, a sitevisit may not be needed.

Who Can Request an HHE?EmployeesAn employee can request an HHE provided:

n The person is currently employed at the workplace of concern

n The HHE request is signed by two other employees for a total of threedifferent employee signatures. (Note: For a work area where threeor fewer employees work, one employee can make a request alone.)

Employee RepresentativesAny officer of a labor union that represents the employees for collectivebargaining may request an HHE on behalf of the employees.

EmployersAny management official may request an HHE on behalf of the employer.

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Employees of Federal, State, & Local AgenciesEmployees of Federal government agencies, their representatives, orany management official can request an HHE.

For employees of state or local government agencies, the situation ismore complicated. In general, NIOSH can respond to requests from theseemployees. However, the cooperation of the employer may be required.

What Happens During an HHE?The NIOSH project officer contacts the requester, the employer, and thelocal union representative (if any) to discuss the request. It may be de-cided that another agency might be more helpful or that informationsufficient to address the problem could be substituted for a site visit. Insome cases, however, a visit to the work place to evaluate the potentialhazard is needed.

To evaluate the workplace, NIOSH may use various methods, such as:

n Observation of production processes and employee work practices

n Sampling of air and surfaces

n Private, confidential interviews with employees

n Medical tests or physical examinations of employees

n Review of injury and illness records, as well as data on employee exposures,medical tests, and job histories

One or more site visits may be needed to complete an evaluation. Thereis no cost for the evaluation and employee participation is voluntary.

How Is the Privacy of Employees Protected?If desired, the name(s) of the person(s) who made the request will bekept confidential by NIOSH.

Individually identifiable information from records, questionnaires, orinterviews with NIOSH investigators, and your individual medical re-sults will be safeguarded.

The Occupational Safety and Health Act forbids employers from retaliat-ing or punishing employees for making HHE requests or cooperatingwith NIOSH investigators.

How Are HHE Results Reported?Verbal reports are normally provided to employer and employee repre-sentatives during each closing conference at the end of a site visit. Resultsmay also be provided by telephone. These results, however, may bepreliminary or incomplete.

Written interim reports are sometimes provided while an investigationis in progress.

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When all the information and data have been analyzed, NIOSH pub-lishes a final report, giving findings and recommendations. Copies ofthis report are sent to the requester, the employer, employee represen-tatives, OSHA, and other appropriate agencies.

The final report is public information and is made available to as widean audience as possible so that others may benefit from the findingsand recommendations.

The employer is required to post the final report in a place accessible toworkers from all areas evaluated. The employer may choose instead togive NIOSH the names and addresses of affected employees to permitNIOSH to mail the report to each one.

Although NIOSH has no authority to compel the employer to adopt itsrecommendations, experience has shown that many employers attemptto correct problems identified in the HHE report.

How Do I Request an HHE?As part of this booklet you will find a Health Hazard Evaluation RequestForm, (Pages 7-8) as well as instructions on completing the form. If youhave questions about the form, or need assistance answering any of thequestions you can contact our technical information staff at 513-841-4382, Monday-Friday, 9:00 a.m. until 4:00 p.m. The technical informationstaff will be able to assist you in completing the request form.

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How do I contact NIOSH?NIOSH Toll free number:1-800-356-4674 (1-800-35-NIOSH)

Cincinnati, OhioNIOSH, Hazard Evaluations andTechnical Assistance Branch (HETAB), MS R-94676 Columbia ParkwayCincinnati, Ohio 45226-1998(513) 841-4382 FAX: (513) 841-4488

Morgantown, West VirginiaNIOSH, Field Studies Branch (FSB)1095 Willowdale Road, MS-18Morgantown, West Virginia 26505-2845(304) 285-5711 FAX: (304) 285-5796

S. Dartmouth, MassachusettsNIOSH, New England Field OfficeP.O. Box 87040S. Dartmouth, Massachusetts 02748-0701(508) 997-6126

Atlanta, GeorgiaNIOSH, Atlanta Field Office1600 Clifton RoadRoom 3122, MS D37Atlanta, Georgia 30333(404) 639-4170

Denver, ColoradoNIOSH, Denver Field OfficeP.O. Box 25226Denver, Colorado 80225-0226(303) 236-6032

or visit the NIOSH homepage on the World Wide Webat www.cdc.gov/niosh

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Form ApprovedOMB No. 0920-0102Expires Oct. 31, 2001

U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICESU. S. Public Health ServiceCenters for Disease Control and PreventionNational Institute for Occupational Safety and Health

Request for Health Hazard Evaluation (HHE) (Internet version available at: www.cdc.gov/niosh/hheform.html)

Establishment Where Possible Hazard Exists1 Company name: _______________________________________________________________________________________________

2 Address: ______________________________________________________________________________________________________City: _________________________________________________ State: _____________________ Zip Code: __________________

3 What product or service is provided at this workplace? _______________________________________________________________________________________________________________________________________________________________________

4 Specify the particular work area, such as building or department, where the possible hazard exists:______________________________________________________________________________________________________________

5 How many people are exposed? ____________________ 6 Duration of exposure (hrs/day)?_______________________

7 What are the occupations of the exposed employees; what is the process/task?

a) Occupations: _______________________________________________________________________________________________b) Process/task: _______________________________________________________________________________________________

8 To your knowledge, has NIOSH, OSHA, MSHA, or any other government agency previously evaluatedthis workplace? o YES o NO

9 Is a similar request currently being filed with, or is the problem under investigation by any other local, state, orfederal agency? o YES o NO

10 If either question 8 or 9 is answered yes, give the name and location of each agency. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

11 Which company official is responsible for employee health and safety?Name: ______________________________________________ Title: ________________________ Phone: __________________

12 How did you learn about the NIOSH HHE program? o Company representative o Co-workero Union o Other employee representative o NIOSH Website o NIOSH 1-800 Number o News media (TV,radio, newspaper, magazine) o Other (please list)____________________________________________________________

Description of the Possible Hazard or Problem13 Please list all substances, agents, or work conditions that you believe may contribute to the possible health hazard.

(Include chemical names, trade names, manufacturer or other identifying information, as appropriate.) ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________

14 In what physical form(s) do(es) the substance(s) exist? o Dust o Gas o Liquid o Mist o Other

15 How are the affected employees exposed (route of exposure)? o Breathing o Skin contacto Swallowing o Other (please list) _________________________________________________________________________

[Send completed form to address listed on the reverse side.]

This form is provided to assist in requesting a health hazard evaluation from the U.S. Department of Health and Human Services. Public reporting burden for thiscollection of information is estimated to average 12 minutes per response, including the time for reviewing instructions, searching existing data sources, gatheringand maintaining the data needed, and completing and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not requiredto respond to a collection of information unless it displays a currently valid OMB control number. Send comments regarding this burden estimate or any other aspectof this collection of information, including suggestions for reducing this burden, to DHHS Reports Clearance Officer; Paperwork Reduction Project (0920-0102); Rm531-H, H. Humphrey Bg.; 200 Independence Ave., SW; Washington, DC 20201.(See Statement of Authority on reverse.)

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16 What health problem(s) do employees have as a result of these exposures? (Please circle the one of most concern.)____________________________________________________________________________________________________________________________________________________________________________________________________________________________

17 Use the space below to supply any additional relevant information. _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Submitting the HHE Request18 Requester’s Signature: _______________________________________________________________ Date: __________________

19 Type or print name: ___________________________________________________________________________________________

20 Address: ______________________________________________________________________________________________________ City: ________________________________ State: ______________________Zip code; __________________________________

21 a) Business phone: ______________________ b) Home phone: ____________________ c) Best time of day to call: ______

22 Check and complete only one of the following three boxes:

o I am a current employee of the employer, and anauthorized representative of two or more* othercurrent employees in the workplace where theexposures are found. Signatures of the authoriz-ing employees are below:

Please provide additional signatures

Signature: ________________________________________Phone:____________________________________________

Signature: ________________________________________Phone:____________________________________________

*Additional signatures are not necessary if you are oneof 3 or fewer employees in the affected workplace

o I am an authorized representative of, or anofficer of the union or other organizationrepresenting the employees for collectivebargaining purposes.

Name and address of this organization:

o I am an employer representative.

23 Please indicate your desire:

o I do not want my name revealed to the employer.o My name may be revealed to the employer.

SEND COMPLETED FORM TO:

National Institute for Occupational Safety and HealthHazard Evaluations and Technical Assistance Branch4676 Columbia Parkway, Mail Stop R-9Cincinnati, Ohio 45226-1988

Phone: (513) 841-4382FAX: (513) 841-4488

STATEMENT OF AUTHORITY: Sections 20(a)(3-6) of the Occupational Safety and Health Act (29 USC 669(a)(6-9)), and Section 501(a)(11) of the Federal Mine Safety andHealth Act (30 USC 951(a)(11)). The identity of the requester will not be revealed if he or she so indicates on the application form in accordance with the provisionsof 42 CFR Part 85.7. The voluntary cooperation of the respondent requester is required to initiate the Health Hazard Evaluation.

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REQUESTS FORHEALTH HAZARDEVALUATIONS(Code of Federal Regulations, Title42, Part 85, 37 FR 23640, November7, 1972; amended at 45 FR 2651,January 14, 1980)

Part 85-REQUESTS FORHEALTH HAZARDEVALUATIONS

Sec.85.1 Applicability.85.2 Definitions.83.3 Procedures for requesting

health hazard evaluations.85.3-1 Contents of a request for

health hazard evaluations.85.4 Acting on requests.85.5 Authority for

investigations.85.6 Advance notice of visits.85.7 Conduct of investigations.85.8 Provision of suitable space

for employee interviewsand examination; identifi-cation of employees.

85.9 Representatives of employ-ers and employees;employee requests.

85.10 Imminent dangers.85.11 Notification of determina-

tion to employers, affectedemployees, and Depart-ment of Labor.

85.12 Subsequent requests forhealth hazard evaluations.

AUTHORITY: Sec. 8(g), 84 Stat. 1600;29 U.S.C 657(g) and sec. 508, 83Stat. 803; 30 U.S.C 957.

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

85.1 Applicability.

This Part 85 applies to healthhazard evaluations requested byany employer or authorized repre-sentative of employees undersection 20(a)(6) of the OccupationalSafety and Health Act of 1970 orsection 501(a)(11) of the FederalMine Safety and Health Act of 1977.This part is not intended to pre-

in the place of employment haspotentially toxic or hazardouseffects in the concentrations orlevels used or found. “NIOSH” means the NationalInstitute for Occupational Safetyand Health, Center for DiseaseControl, Public Health Service,Department of Health and HumanServices. “NIOSH officer” means a NIOSHemployee who has been authorizedby the Director, NIOSH, to conductinvestigations according to thispart. “Physical agent” means anycondition produced by the environ-ment and/or work processes thatcan result in hazardous effects asdefined in this section. Examples ofphysical agents are noise, tempera-ture, illumination, vibration,radiation, and pressure. “Place of employment” means anycoal or other mine, factory, plant,establishment, construction site, orother area, workplace, or environ-ment where work is performed byany employee of an employer. “Substance” means any chemicalor biological agent or dust whichhas the potential to produce toxiceffects. “Toxic effects” or “hazardouseffects” are those effects whichresult in short- or long-termdisease, bodily injury, affect healthadversely, or endanger human life.

[45 FR 2862, Jan. 14, 1980]

85.3 Procedures for requestinghealth hazard evaluations.

(a) Requests for health hazardevaluations should be addressed tothe National Institute for Occupa-tional Safety and Health as follows:

(1) Requests from generalindustry. Hazard Evaluations andTechnical Assistance Branch,Division of Surveillance, HazardEvaluations, and Field Studies,NIOSH, 4676 Columbia Parkway,Cincinnati, OH 45226.

(2) Requests from miningindustry. Environmental Investiga-tions Branch, Division of Respira-tory Disease Studies, NIOSH, 944

clude the use of other channels ofcommunication with the NationalInstitute for Occupational Safetyand Health to obtain informationand technical assistance concern-ing toxic substances or physicalagents.

[45 FR 2652, Jan. 14, 1980]

85.2 Definitions.

Any term defined in the Occupa-tional Safety and Health Act of 1970or the Federal Mine Safety andHealth Act of 1977 and not definedbelow shall have the meaninggiven it in the respective Acts. Asused in this part: “OSH Act” means the OccupationalSafety and Health Act of 1970 (29U.S.C. 651, et seq.). “FMSH Act” means the FederalMine Safety and Health Act of 1977(30 U.S.C. 801, et seq.). “Authorized representative ofemployees” means any person ororganization meeting the condi-tions specified in 85.3-1(e)(1), (2),or (3). “Employee” has the same mean-ing as stated in the OSH Act andfor the purposes of this partincludes “miner” as defined theFMSH Act. “Employer” has the same meaningas stated in the OSH Act and for thepurpose of this part includes“Operator” as defined in the FMSHAct. “Health hazard evaluation” meansthe investigation and the determi-nation of potentially toxic orhazardous effects of: (a) anysubstance normally used or foundin any place of employment towhich the OSH Act is applicable, or(b) any substance or physicalagent normally used or found inany place of employment to whichthe FMSH Act is applicable. “Investigation” means a physicalinspection of the place of employ-ment under section 8 of the OSHAct and includes inspection,sampling, observation, review ofpertinent records, and othermeasurements reasonably neces-sary to determine whether anysubstance or physical agent found

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Chestnut Ridge Rd., Morgantown,WV 26505.

(b) Requests for health hazardevaluations shall be submitted inwriting and signed by either: (1)The employer in whose place ofemployment the substance orphysical agent is normally found,or (2) an authorized representativeof employees (see 85.3-1(e)) in theplace of employment where thesubstance or physical agent isnormally found.

[45 FR 2653, Jan. 14, 1980]

85.3-1 Contents of a requestfor health hazard evaluation.

Each request for health hazardevaluation shall contain:

(a) The requester’s nameaddress, and telephone number ifany.

(b) The name and address of theplace of employment where thesubstance or physical agent isnormally found.

(c) The specific process or typeof work which is the source of thesubstance or physical agent, or inwhich the substance or physicalagent is used.

(d) Details of the conditions orcircumstances which prompted therequest.

(e) A statement, if the requesteris not the employer, that therequester is:

(1) An authorized representativeor an officer of the organizationrepresenting the employees forpurposes of collective bargaining;or

(2) An employee of the employerand is authorized by two or moreemployees employed in the sameplace of employment to representthem for purposes of these Acts(each such authorization shall be inwriting and a copy submitted withthe request for health hazardevaluation); or

(3) One of three or less employ-ees employed in the place ofemployment where the substanceor physical agent is normallyfound.

(f) A statement indicating

whether or not the name(s) of therequester or those persons whohave authorized the requester torepresent them may be revealed tothe employer by NIOSH.

(g) The following supplementaryinformation if known to the re-quester:

(1) Identity of each substancesor physical agent involved;

(2) The trade name, chemicalname, and manufacturer of eachsubstance involved;

(3) Whether the substance or itscontainer or the source of thephysical agent has a warning label;and

(4) The physical form of thesubstance or physical agent,number of people exposed, lengthof exposure (hours per day) andoccupations of exposed employees.

NOTE: NIOSH has developed twoforms entitled “Request for HealthHazard Evaluation” and “Requestfor Mining Health Hazard Evalua-tion” to assist persons in request-ing evaluations. The forms areavailable upon request from theoffices listed in 85.3(a)(1) and (2)or from the Regional Consultant forOccupational Safety in any Re-gional Office of the Department ofHealth and Human Services.

[45 FR 2863, Jan. 14, 1980]

85.4 Acting on requests.

(a) Upon receipt of a request forhealth hazard evaluation submittedunder this part, NIOSH will deter-mine whether or not there isreasonable cause to justify conduct-ing an investigation.

(b) If NIOSH determines that aninvestigation is justified, a NIOSHofficer will inspect the place ofemployment, collect samples whereappropriate, and perform testsnecessary to the conduct of a healthhazard evaluation, includingmedical examinations of employ-ees.

(c) If NIOSH determines that aninvestigation is not justified, therequester will be notified in writingof the decision.

[45 FR 2653, Jan. 14, 1980]

85.5 Authority for investiga-tions.

(a) NIOSH officers who havebeen issued official NIOSH creden-tials (Form No. CDC/NIOSH 2.93) areauthorized by the Director, NIOSH,under section 20(a)(6) and (8) ofthe OSH Act and sections 501(a)(11)and (103) of the FMSH Act: To enterwithout delay any place of employ-ment for the purpose of conductinginvestigations of all pertinentprocesses, conditions, structures,machines, apparatus, devices,equipment, records, and materialswithin the place of employment;and to conduct medical examina-tions, anthropometric measure-ments, and functional tests ofemployees within the place ofemployment as may be directlyrelated to the specific health hazardevaluation being conducted.Investigations will be conducted ina reasonable manner, duringregular working hours or at otherreasonable times and withinreasonable limits. In connectionwith any investigation, the NIOSHofficers may question privately anyemployer, owner, operator, agent,or employee from the place ofemployment,and review, abstractand duplicate records required bythe Acts and regulations and anyother related records.

(b) Areas under investigationwhich contain information classi-fied by any agency of the UnitedStates Government in the interest ofnational security will be investi-gated only by NIOSH officers whohave obtained the proper securityclearance 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 begiven to expedite a thorough andeffective investigation. Advancenotice will not be given when, inthe judgment of the NIOSH officer,giving such notice would adverselyaffect the validity and effectivenessof the investigation.

(b) Where a request in accor-dance with this part has been made

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by an authorized representative ofemployees, advance notice inaccordance with paragraph (a) ofthis section will be given by NIOSHto the requester, the representativeof the employees for purposes ofcollective bargaining if suchrepresentative is other than therequester, and to the employer.

(c) Where a request in accor-dance with this part has been madeby any employer, advance noticewill be given by NIOSH to theemployer. Upon the request of theemployer, NIOSH will inform theauthorized representative ofemployees of the visit: Provided,The employer furnishes NIOSH inwriting with the identity of suchrepresentative and with suchinformation as is necessary toenable NIOSH to properly informsuch representative of the visit.

85.7 Conduct of investigations.

(a) Prior to beginning aninvestigation, NIOSH officers shallpresent their credentials to theowner, operation, or agent incharge at the place of employment,explain the nature, purpose, andscope of the investigation and therecords specified in 85.5 whichthey wish to review. Where theinvestigation is the result of arequest submitted by an authorizedrepresentative of employees, a copyof the request shall be provided tothe employer, except where therequester or any person authoriz-ing the requester pursuant to 85.3-1(e)(2) has indicated that NIOSHnot reveal his name to the em-ployer, in which case a summary ofthe basis for the request shall beprovided to the employer.

(b) At the commencement of aninvestigation, the employer shouldprecisely identify informationwhich can be obtained in theworkplace or workplaces to beinspected as trade secrets. If theNIOSH officer has no clear reason toquestion such identification, suchinformation shall not be disclosedexcept in accordance with provi-sions of section 20(a)(6) and

section 15 of the OSH Act, or section501(a)(11) of the FMSH Act. How-ever, if NIOSH at any time questionssuch identification by an employer,not less than 15 days’ notice to anemployer shall be given of theintention to remove the trade secretdesignation from such information.The employer may within thatperiod submit a request to theDirector, NIOSH, to reconsider thisintention and may provide addi-tional information in support of thetrade secret designation. TheDirector, NIOSH, shall notify theemployer in writing of the decisionwhich will become effective nosooner than 15 days after the dateof such notice.

(c) NIOSH officers are authorizedto collect environmental samplesand samples of substances, ormeasurements of physical agents,to take or obtain photographsrelated to the purpose of theinvestigation, employ other reason-able investigative techniques,including medical examinations ofemployees with the consent of suchemployees, and to question pri-vately any employer, owner,operator, agent, or employee. Theemployer shall have the opportu-nity to review photographs taken orobtained for the purpose of identi-fying those which contain or mightreveal a trade secret.

(d) NIOSH officers shall complywith all safety and health rules andpractices at the place of employ-ment being investigated, and theyshall provide and use appropriateprotective clothing and equipment.In situations requiring specializedor unique types of protectiveequipment, such equipment shallbe furnished by employer.

(e) The conduct of investigationsshall be such as to precludeunreasonable disruption of theoperations of the employer’sestablishment.

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

85.8 Provision of suitablespace for employee interviewsand examinations; identifica-tion of employees.

An employer shall, in request ofthe NIOSH officer, provide suitablespace, if such space is reasonablyavailable, to NIOSH to conductprivate interviews with and exami-nations of, employees. NIOSHofficers shall consult with theemployer as to the time and placeof the medical examination andshall schedule such examinationsso as to avoid undue disruption ofthe operations of the employer’sestablishment. NIOSH shall con-duct, and assume the medical costsof, examinations conducted underthis part.

85.9 Representatives of em-ployers and employees; em-ployee requests.

(a) NIOSH officers shall be incharge of investigations. Where therequest for a health hazard evalua-tion has been made by an autho-rized representatives of employees,a representative of the employerand a representative authorized byhis employees who is an employeeshall be given an opportunity toaccompany the NIOSH officerduring the initial physical inspec-tion of any workplace for thepurpose of aiding the investigationby identifying the suspectedhazard. The NIOSH officer maypermit additional employer repre-sentatives and such additionalrepresentatives authorized byemployees to accompany himwhere he determines that suchadditional representatives willfurther aid the investigation.However, if in the judgement of theNIOSH officer, good cause has beenshown why accompaniment by athird party who is not an employeeof the employer is reasonablynecessary to the conduct of aneffective and through investigationof the work place, such third partymay accompany the NIOSH officerduring the inspection: Provided

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however, That access by suchpersons to areas described inparagraph (d) of this section shallbe in accordance with the require-ments of such provision and accessto areas described in paragraph (e)of this section shall be with consentof the employer. A different em-ployer and employee representa-tive may accompany the officerduring each different phase of aninspection if this will not interferewith the conduct of the investiga-tion.

(b) NIOSH officers are authorizedto resolve all disputes as to who isthe representative authorized bythe employer and employees forthe purpose of this section. If thereis no authorized representative ofemployees or if the NIOSH officer isunable to determine with reason-able certainly who is such repre-sentative, he shall consult with areasonable number of employeesconcerning matters directly relatedto the health hazard evaluation.

(c) NIOSH officers are authorizedto deny the right of accompanimentunder this section to any personwhose conduct interferes with a fairand orderly physical inspection.

(d) With regard to informationclassified by an agency of the U.S.Government in the interest ofnational security, only personsauthorized to have access to suchinformation may accompany anofficer in areas containing suchinformation.

(e) Upon request of an em-ployer, any representative autho-rized under this 85.9 by employeesin any area containing trade secretsshall be an employee in that areaor an employee authorized by theemployer to enter that area.

85.10 Imminent dangers.

Whenever, during the course of, oras a result of, an investigationunder this part, the NIOSH officerbelieves that there is a reasonablebasis for an allegation of animminent danger, NIOSH willimmediately advise the employerand those employees who appear

to be in immediate danger of suchallegation and will inform appro-priate representatives of theDepartment of Labor or the Stateagency designated under section18(b) of the Osh Act.

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

85.11 Notification of determi-nation to employers, affectedemployees and Department ofLabor.

(a) Upon conclusion of aninvestigation, NIOSH will make adetermination concerning thepotentially toxic or hazardouseffects of each substances orphysical agent investigated as aresult of the request for healthhazard evaluation. At a minimum,the determination will: (1) Identifyeach substances or physical agentinvolved and describe, whereappropriate, the concentrations orlevels found in the place of em-ployment and the condition of use,and (2) state whether each sub-stance or physical agent haspotentially toxic or hazardouseffects in the concentrations orlevels found, as well as the basisfor the judgement.

(b) Copies of the determinationwill be mailed to the employer andto the authorized representatives ofemployees.

(c) Except as hereinafter pro-vided, the employer shall post acopy of the determination for aperiod of 30 calendar days at ornear the workplace(s) of affectedemployees. The employer shall takesteps to insure that the posteddeterminations are not altered,defaced, or covered by othermaterial during such period. Theemployer will not be required topost the determination if theemployer requests that copies ofthe determination be mailed toaffected employees and furnishesNIOSH with a list of the names andmailing addresses of the employeesemployed in the workplace(s)

designated by the NIOSH Officer. Inthe latter event, NIOSH will mailsuch copies to affected employeesat the mailing addresses providedby the employer.

(d) For purposes of this section,the term “affected employees”means those employees determinedby NIOSH to be exposed to thesubstance(s) or physical agent(s)which is the subject of the healthhazard evaluation.

(e) Copies of determinationsmade under the OSH Act will beforwarded to the Department ofLabor and the appropriate Stateagency designed under section18(b) of the OSH Act. Copies ofdeterminations made under theFMSH Act will be forwarded to theMine Safety and Health Administra-tion of the Department of Labor; theBureau of Mines, Department of theInterior; and the state agencywhich, in the judgement of NIOSH,would benefit the most from theinformation. If NIOSH determinesthat any substance or physicalagent has potentially toxic orhazardous effects at the concentra-tions or levels at which it is used orfound in a place of employmentand the substance or physicalagent is not covered by a safety orhealth standard established undersection 6 of the OSH Act or section101 of the FMSH Act, NIOSH willimmediately submit the determina-tion to the Secretary of Labor,together with all pertinent criteria.

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

85.12 Subsequent requests forhealth hazard evaluations.

If a request is received for a healthhazard evaluation in a place ofemployment in which an evaluationunder this part was made previ-ously, NIOSH may make anotherinvestigation if, as a result of thepassage of time or additionalinformation, another investigationwould be consistent with thepurposes of the Acts.

[45 FR 2654, Jan. 14, 1980]