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6360
LABOR CODE
CHAPTER 2.5
Hazardous Substances Information and Training
(Added by. Stats 1980 ch 874 1.]
' (Effective until January 1, 1986)
Article 1. 2. 3. 4. 5. 6.
General Provision*. | 6360-6363 Definitions. 6365-6374 Hazardous Substances. 63SO-63S6 Duties. 6390-6399.2 Liability and Remedies. 6399.5-6399.7 Repeal 6399.9
ARTICLE I
General Provisions
Repeal of chapter: 6399.9.
6360. 6361. 6362. 6363.
Citation Legislative findings Application; "Emergency" Studies to develop new information
6360. Citation
. ,- '
This chapter shall be known and may be cited as the Hazardous Substance
Information and Training Act.
,,
Ad'dcd Stats 1980 ch 874 1.
,
*6361.-Legislative findings
(a) The Legislature finds and declares the following:
(1) Hazardous substances in the workplace in some fonhs and concentre tions pose potential acute and chronic health hazards to employees who ar exposed to these substances.
(2) Employers and employees have a right and a need to know th properties and potential hazards of substances to which they may b exposed, and such knowledge is essential to reducing the incidence and cos of occupational disease.
(3) Employers do not always have available adequate data on the content and properties of specific hazardous substances necessary for the provisioof a safe and healthful workplace and the provision of information an: training to employees as is the responsibility of the employer under existin law.
(4) Many effective- employee information and training programs now exis: and with the increased -availability of basic information and with th extension of such programs to all affected employees, preventable healt risks in the workplace would be further reduced.
(b) The Legislature, therefore, intends by this chapter to ensure the tran: mission of necessary .information to employees regarding the properties an potential hazards of hazardous substances in the workplace.
52 'pUborCod.]
CAPCO JEN 0010572
O' Ji
OR CODE
LABOR CODE
Added Slati 19S0 ch 874 1.
6366
6362. Application; "Emergency"
The rights and dudes set forth in this chapter apply to all employers who
use hazardous substances in this state, to any person who sells a hazardous
substance to any employer in this state, and to manufacturers who produce
or sell hazardous substances in this state. The provisions of this chapter
apply to hazardous substances which are present in the workplace as a
result of workplace operations in such a manner that employees may. be
exposed under normal conditions of work or in a reasonably foreseeable
emergency resulting from workplace operations. For purposes of this chap
ter, an emergency includes, but is not limited to, equipment failure, rupture
of containers, or failure of control equipment, which may,or do result in a
release of a hazardous substance into the workplace*
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Added Stats 1980 ch 874 l.
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6363. Studies to develop new information Nothing in this chapter shall be construed to require a manufacturer or employer to conduct studies to develop new information.
Added Stats 1980 ch 874 1_
Substances
ARTICLE 2
Definitions
Repeal of chapter: 6899.9.
concentra- !
|:s who are *
know the j / rpay be e and cost
6365. 6366. 6367. 6368. 6369. 6370. 6371. 6372. 6373. 6374.
Construction "CAS number" "Chemical name" "Common name" [No section of this number] "Expose;** '`Exposure" "Impurity" "Manufacturer" "Mixture" "MSDS"
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- contents - provision
6365. Construction
,
.-ation and { Unless the context otherwise requires, the definitions in this article and the
er existing provisions of Article 1 shall govern the construction of provisions of this
chapter.
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now exist, with the ble health
Added Stats 1980 ch 874 1.
6366. "CAS number?
the trans-' jerries and
"CAS number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
Added Stats. 1980 ch 874 1.'
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CAP CO JEN 0010573
6367
LABOR CODE LA
6367. "Chemical name"
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"Chemical name" is the scientific designation of a substance in accordance
with the nomenclature system- developed by the International Union of Pure gy
and Applied Chemistry or the system developed by the Chemical Abstracts sjj.
Service.
,,
Added Stats 1980 ch 874 I.
Aot
6368, "Common name"
"Common name" means any designation or identification such as code Rer
name, code number, trade name, or brand name used to identify a substance 6
other than by its_chemical name.
6
Added.Ststs-1980 cb 874 1.
6
6
6369. [No section of this number]
6370. "Expose;" "Exposure"
"Expose" or "exposure" means any situation arising from work operation <
where an employee may ingest, inhale, absorb through tl;e skin or eyes, oJ1 Fc
otherwise come into contact with a hazardous substance; provided, that such sh.
contact shall not be deemed to constitute exposure if the hazardous sub av
stance present is in a physical state, volume, or concentration for which it sh.
has been determined pursuant to Sections 6382 and 6390 `that there is no .-di:
valid andy substantial evidence that any adverse acute or chronic risk to human health may occur from such contact.
Added Stats 1980 ch 874 1.
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6371. "Impurity"
.
t.
"Impurity" means a hazardous substance which is unintentionally present with another substance or mixture.
(a di-
Added Stats 1980 ch 874 I.
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6372. "Manufacturer"
d? - fo
"Manufacturer" means a person'who produces, synthesizes, extracts, or .(I
otherwise makes a hazardous substance.
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Added Stats 1980 ch 874 1.
.
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6373. "Mixture"
"Mixture" means any solution or intimate admixture of two or more
substances, at least one of which is present as a hazardous substance, as
designated pursuant to Sections 63S2 and 6383, which do not react chemi
cally with each other.
i
Added Stats 1930 ch 874 I.
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CAP CO JEN 0010574
LABOR CODE
6380.5
! 6374. "MSDS" * ! "MSDS" means a material safety data sheet prepared pursuant to Section i 6390s. A label in 8*point or larger type, prepared pursuant to Section 6390, s J shall constitute an MSDS for the purposes of this chapter.
1 Ad<M Stall 1980 ch 87+ 5 L
i
I ARTICLE 3
I 5iq,cil of chapter. 6399.9.
Hazardous Substances
- . 6380. List of hazardous substances 63S0J. Approval of list
.6381. Application of list ; 6382. Preparation and amendment of list
6383. Concentration of hazardous substance ; 6384. Excluded impurities
6385. Excluded hazardous substances 6386. Excluded employer or manufacturer; "Technically qualified individual'*
. 6389. List of hazardous substances
` For the purposes of this chapter, the director, pursuant to Section 6382, shall establish a list of hazardous substances and shall make the list available to manufacturers, employers, and the public. Substances on the list shall be designated by their chemical and common name or names. The director shall adopt, amend, and repeal regulations for the establishment of the list of hazardous substances pursuant to the provisions of Chapter 3.5 {commencing with. Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Added Suu 1980 ch 874 1.
63883. Approval of list
(a) Prior to the director's adoption of the list of hazardous substances, the
director shall submit the list to the Occupational Safety and Health Stan
dards Board for its approval. Within 90 days of receiving the list from the-
director, the board, after holding a hearing and considering the recommen
dations of the employers and employees who may be affected, shall do the
following:
\
(1) Determine whether the substances listed are properly listed as hazardous substances pursuant to the criteria of Section 6382.
(2) Modify the list as necessary to achieve compliance with Section 6382.
{3) Approve the list of hazardous substances. . `
Upon receipt of the list approved by the board, the director shall adopt the list as a regulation pursuant to the procedures set forth in Section 6380. The inclusion or exclusion of any individual substance on the list of hazardous substances shall not be subject to Section 11346.6 or 11346.7 of the Government Code.
(b) Prior to the director's adoption of any additions to the list of hazardous substances pursuant to subdivision (c) of Section 6382, the director shall
puto.Cocl
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CAPCO JEN 0010575
6380.5
LABOR CODE
submit the additions to the .board for its approval. Within 60 days of receiving the additions from the director, the board, after holding a hearing and considering the recommendations of the employers and employees who may be affected, shall do the following:
(1) Determine whether the substances listed are properly listed as hazardous substances pursuant to the criteria-of Section 6382.
(2) Modify'the additions as necessary to achieve compliance with Section . 6382.
(3) Approve the list of hazardous substances.
Upon receipt of the additions approved by the board, the director shall adopt the additions as a regulation pursuant to the procedures set forth in Section 6380. The inclusion or exclusion of any individual substance on the list of hazardous substances shall not be subject to Section 11346.6 or 11346.7 of the Government Code.
Added StatJ 1930 ch 874 1.
6381. Application of list
Substances not present on the list of hazardous substances adopted pursuant
to Section 6380 shall not be subject to the provisions of this chapter."
However, the absence of designation as a hazardous substance in the list
adopted pursuant to Section 6380 shall not in anyway affect any ;other
liability of an employer with regard to safeguarding the h.ealth and safety of
an employee or other persons exposed to a toxic or hazardous substance;
nor shall it affect any other duty or responsibility of a manufacturer,
producer, or other maker to warn ultimate users of a substance pursuant to
othejQ provisions of law.
. ,*.
Added Stats 1930 ch 874 I.
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6382. Preparation and amendment of list
The director shall prepare and amend the list of hazardous1 substances
according to the following procedure:
^v
(a) Any substance designated in any of the following listings in subdivision (b) shall be presumed by the director to be potentially hazardous and shall be included on the list; provided, that the director shall not list a substance or form of the substance from the- listings in subdivision (b) if he or she finds,-upon a showing pursuant to the procedures set forth in Section 6380, that the substance as present occupationally is not potentially hazardous to human health; and provided'further, that a substance, mixture, or product shall not be considered hazardous to the extent that the hazardous substance present is in a physical state, volume, or concentration for which there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from exposure.
(b) The listings referred to in subdivision (a) are as follows:
(1) Substances listed as human or animal carcinogens by the International Agency for Research on Cancer (IARQ.
(2) Those substances designated by the federal Environmental Protection Agency pursuant to Section 307 (33 U.S.C. Sec. 1317) 3nd Section 311 (33
56 (3 Lasof Cod*}
CAP CO JEN 0010576
JDE LABOR CODE
6385
5 of U.S.C Sec. 1321) of the federal Clean Water Act of 1977 (33 U.S.C. Sec. Jing; 1251, et seq.) or as hazardous air pollutants pursuant to Section 112 of the
|whoi federal Clean Air Act, as amended (42 U.S.C Sec. 7412) which have known, adverse human health risks.
lousl (3) Substances listed by the Occupational Safety and Health Standards Board as an airborne chemical contaminant pursuant to Section 142.3 of the
ticnj Labor Code.
' (4) Those substances designated by the Director of Food and Agriculture as restricted materials pursuant to Section 14004.5 of the Food and Agricul
hall i tural Code which have known, adverse human health risks. 1 injI (5) Substances for which an information alert has been issued by the the: repository of current data established pursuant to. Section 147.2.
ori (c) The director shall at least annually review the listings in subdivision (b) and shall revise the list to include new substances so listed or exclude substances no longer on such listings, pursuant to the standards set forth in subdivision (a).
Added Suts 1980 ch 874 t.
anti
ter. i 63S3. Concentration of hazardous substance list' (a) For the purposes of this chapter, a hazardous substance is present in any her' mixture or product if it is 1 percent or more of the mixture or product or 2 of- percent if the hazardous substance exists as an impurity in the mixture, ce; i provided that the director may, by regulation, raise the concentration
requirement for a hazardous substance which the director finds is not to' hazardous at the threshold' levels; and, lower the concentration requirement
for a hazardous substance for which 'there is valid and substantial evidence that the substance is extraordinarily hazardous.
(b) The manufacturer of a hazardous substance shall notify the director of any valid evidence which indicates that the concentration requirement for a res : hazardous substance established pursuant to subdivision (a) is higher than what is necessary to protect employees who work with, or may be exposed on to, the substance. r'l Adda! Stall 1980 ch 874 1.
6384. Excluded impurities
\
to .ct ce
This chapter does not apply to impurities which develop as materials during chemical processing but are not present product, and to which employee exposure is unlikely.
intermediate iri the final
70 , Added Stais 1930 ch 674 l.
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6385. Excluded hazardous substances
*1
The provisions of this chapter do contained in either of the following:
not
apply
to
hazardous
substances
! (a) Products intended for personal consumption by employees in the work
n place, or consumer products packaged for distribution to, and use by, the
3 i general public.
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CAP CO JEN 0010577
6385
LABOR CODi l.
(b) Retail food sale establishments and all other retail trade establishments, to
exclusive of processing and repair work areas.
pt
Added Stats 19S0 ch S74 1.
to
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6386. Excluded employer or manufacturer; "Technically qualified Individ-
ual"
-
Or
A laboratory in which a hazardous substance is used by or under the direct
supervision of a technically qualified individual is not an employer or
manufacturer for the purposes of this chapter. This exemption- does not T!
include a laboratory that primarily provides a quality control analysis for % pi:
manufacturing purposes.
process
or
produces hazardous
substances
for commercial
P*
(a "Technically qualified individual" means a person who, because of educa hi-
tion, training, or experience, understands the health risks associated with the hazardous substance or mixture handled by or under his or her supervision.
(b im
Added Statj I9S0 ch 874 1.
(1
ARTICLE 4
Operative date of article: 6399.2. Repeal of chapter; 6399.9.
Duties
'
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6390. Providing information to purchasers.
6391. Contents of information provided
6392. Proof of compliance
.
6393. Exceptions
..
6394. '-Copy to department
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6395. Providing information on entire product mixture
6396. Trade secrets
6397. Application to persons other than manufacturer
6398. Standards of employer's duties toward employees
6399. Manufacturer's duty to provide information to employer
6399.1. Employer's compliance with regulations
6399.2. Operative date of article
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6390. Providing information .to purchasers*
.
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The manufacturer of any hazardous substance listed pursuant to the provi- p sions of Section 6380 shall prepare and provide its direct purchasers of the hazardous substance with an MSPS containing the information specified in g Section 6391 which,, to the best of the manufacturer's knowledge, is current, accurate, and complete, based on information then reasonably available to Adr the manufacturer. For purposes of this section, a substance, mixture, or - 0pe product shall not be considered a hazardous substance if present in a physical state, volume, or concentration for which there is no valid and 6 substantial evidence that any adverse acute or chronic risk to human health Th may occur from exposure. The manufacturer shall revise an MSDS on a pU: timely basis as appropriate to the importance of any new information which if t would affect the contents of the existing MSDS, and in any event within one year of such information becoming available to the manufacturer. If the new pUr information indicates significantly increased' risks to, or measures necessary - an*
58 *\puso.-CseJ
CAPCO JEN 0010578
labor code
6393
C
:o protect, employee health; as compared to those stated on the MSDS pxrevioussly pr^ovided-, thre m,Maneudfathcteurperrodshuactll dpirroevcitdlye fsroumch tnheew"in"f"orSmatsion
ledsISut* 1930 ch ..*4 } 1.' )jaitive date ofarticle; $ 6399.2. -
: 6391. Contents of information provided
fhe information which manufacturers shall provide to their purchasers
jursuant to the provisions of Section 6390 shall include the following, if
ertinent:
3) The chemical name, any common names, and the- CAS number of the ,322rdous substance.
b) The hazards or other risks in the use of the hazardous substance,
ncluding:
.
` ;'
1) The potential for fire, explosion, and reactivity.
2). The acute and chronic health effects or risks from exposure.
3) The potential routes of exposure and symptoms of overexposure.
c) The proper precautions, handling practices, necessary personal protective quipment, and other safety precautions in the use of or exposure to the sazardous substance.
j) The emergency procedures for spills, fire, disposal and first aid.
} A description in lay terms, if not otherwise provided, on either a eparate sheet or with the body of the information specified in this section, f the specific potential health risks posed by the hazardous substance mended to alert any person reading the information,
f) The month and year that the information was compiled and, for an 4SDS issued after January 1, 1S81, the name and address of the manufacirer responsible for preparing the information.
cdcdSiaii 1930 ch 374 l.
yer3t;s date of article: 6399.2.
6392. Proof of compliance
revision of a federal OSHA Form 20 Material Safety Data Sheet or auivalent shall constitute prima facie proof of compliance with Section 390.
ided Suts 1930 ch 874 I.
,
rerative date of article: 6399.2.
6393. Exceptions
he manufacturer shall be relieved of the obligation to provide a specific
archaser of a hazardous substance with an MSDS pursuant to Section 6390 the manufacturer has a record of having provided the specific purchaser
'ith the most current version of the MSDS, if the product is labelled
orsuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as
mended; or if the product is one sold at retail and is incidentally sold to an
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6393
labor, code La
employer or the employer's employees, in the same form, approximateM
amount, concentration, and manner as it is sold to consumers, and to the **"** seller's knowledge, employee exposure to the product is "not significantly ***
greater than the consumer exposure occurring during the principal cot>
sumer use of the product. Except for products so labelled, the provisions otUr this section do not relieve the manufacturer of the requirement to provideo' ffi
direct purchasers with new, revised, or later information or MSDS pursuantc' o
to the provisions of Section 6390.
of
Added Stats 1980 ch 874 I.
p
Operative date of article: 6399.2.
aCt
(c)
6394. Copy to department
^
The preparer of an MSDS shall provide the department with a copy of the pr*
MSDS on each hazardous substance it manufactures.
js
Added Stats 1980 ch 874 1.
Operative date of article: 6399.2.
At
6395. Providing information on entire product mixture
set
pu
(a) The manufacturer may provide the information required by Section 6390
on an entire product mixture, instead of on each hazardous substance in it,- (d:
when au/of the following conditions .exist:
ne
fu!
(1) Hazard test mation exists to
information exists on the mixture itself, or adequate infor form a valid judgment of the hazardous properties of th*
da
mixturejtself and the MSDS indicates that- the information presented and (c)
the conclusions drawn are from some source other than direct test data on ret
the. mixture itself, and Jhat an MSDS on each constituent hazardous mi
substance identified on the MSDS is available upon request.
da
(2) Provision of information on the mixture will be as effective in
employee health as information on the ingredients.
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protecting
tuda
(3) The hazardous substances in the mixture are identified on the MSDS (T unless it is either unfeasible to describe all the ingredients in the mixture or sh the identity of the ingredients is itself a valid' trade secret, in either case the ce
reason why the hazardous substances in the mixture are not identified shall (3;
be stated on the MSDS.
da
(b) A single mixture MSDS may be provided for more than one formulation ju:
of a product mixture if the information provided pursuant to Section 6390 IS
does not vary for the formulation.
m;
Added Stats 1980 ch 874 I. Operative date of article: 6399.2.
(4; set ju;
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6396. Trade secrets
th
(a) The Director of Industrial Relations shall protect from disclosure any tic
and all trade secrets coming into his possession, as defined.in subdivision (d) of Section 6254.7 of the Government Code, when requested in writing or by
pr so
appropriate stamping or marking of documents by the manufacturer or da
producer of a mixture.
60 P tjo' c4*!
CAP CO JEN 0010580
CODj^AD0R C0DE
6396
jximat^b)
jn^onna^on reported to or otherwise obtained by the Director of
to thc*n*ustna* Relations or any of his representatives or employeees, which is icantl^empt from disclosure under subdivision (a), shall not be disclosed to
j con,anyone except an officer or employee, of the State of California or of the
ions olUnited States of America, in connection with the official duties of such 'rovidcofficer or employee under any law for the protection of health, or to rsuaniContractors with the State of California and their employees if in the opinion
. jof the director such disclosure is necessary and required for the satisfactory performance of a contract for performance of work in connection with this
act.
(c) Any officer or employee of the State of California, or former officer or - employee, who by virtue of such employment or official position has
obtained possession of or has access to material the disclosure of which is of theprohibited by this section, and who knowing that disclosure of the material
is prohibited, knowingly and willfully discloses the material in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor. Any contractor with the State of California and-any employee of such contractor, who has been furnished information as authorized by this
section, shall be considered to be an employee of the State of California for
6390 PurPoses
section.
in it, (d) Information certified to by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the
`nfor- protections against disclosure as specified by such official or in accor-
f the''^ance wlt^ *aws
United States.
andi(e) (I)
director, upon his or her own initiative, or upon receipt of a
a on! request pursuant to the California Public Records Act, (Chapter 3.5 (corn
eous! mencing with Section 6250) Division 7, Title 1, Gov. C.) for the release of
lata submitted and designated as a trade secret by an employer, manufac
turer, or producer of a mixture, shall determine whether any or all of the 'data so submitted are a properly designated trade secret.
SDS (2) If the director determines that the data is not a trade secret, the director e or shall notify the employer, manufacturer, or producer of a mixture by the certified mail.
:hali (3) The employer, manufacturer, or producer of a mixture shall have 15
days after receipt of notification to provide .the director with a complete
lion justification and statement of the grounds on'Ayhich the trade secret privilege
390; is claimed. This justification and statement shall be submitted by certified
j mail.
/
i (4) The director shall determine whether such data are protected as a trade I secret within 15-days after receipt of the justification and statement, or if no
I justification and statement is filed, within 30 days of the original notice, and ; shall notify the employer or manufacturer and any party who has requested inv; the data pursuant to the California Public Records Act of that determina ncy tion by certified mail. If the director determines that the data are not by' protected as a trade secret, the final notice shall also specify a date, not 0r;' sooner than 15 days after the date of mailing of the final notice, when the | data shall be available to the public.
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LABOR CODE
(5) Prior to the date specified in the final notice, an employer, manufac turer, or producer of a mixture may institute an action in an appropriate superior court for a declaratory judgment as to whether such data are subjected to protection under subdivision (a)..
(f) The provisions of this section shall not permit a manufacturer to refuse to disclose information required pursuant to this chapter to the director.
Added Stats 1980 ch 874 1.
Operative date of article: 6399.2.
6397. Application to persons other than manufacturer
(a) Any person other than a manufacturer who sells a mixture or any
hazardous substance shall provide its direct purchasers of the mixture or
hazardous substance at the time of sale with a copy of the most recent
MSDS -or equivalent information prepared and supplied to the person
pursuant to either Section 6390 or subdivision (b) whenever it is foreseeable
that the provisions of this chapter may apply to the purchaser.
'
(b) Any person who produces a mixture may, for the purposes of this
section, prepare and use a mixture MSDS, subject to the provisions of ,
Section 6395.
. t
(c) Any person subject to the provisions of subdivision (a) shall be relieved :
of the obligation to provide a specific purchaser of a hazardous substance `
with an MSDS if he or she has'a record of having provided the specific
purchaser with the most recent version of the MSDSj if the product is :
labelled pursuant to the Federal Insecticide, Fungicide, and Rodentiade '
Act, Nis amended, or if the product is one sold at retail and is incidentally '
sold to an employer or the employer's employees, in the same form,-
approximate amount, concentration, and manner as it is sold to consumers,
and, to the seller's knowledge, employee exposure to the product is not :
significantly greater than the. consumer exposure occurring during the :
principal consumer use of the product.
.
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Added Stats 1980 ch 874 1.
Operative date of article: 6399.2.
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6398. Standards of employer's duties toward employees/ `
:
The Occupational Safety and Health Standards Board shall adopt a standard; =
setting forth an employer's duties toward its employees under this chapter,; *
on or before July 1, 1981, consistent with the following guidelines:
**
(a) An MSDS shall be available to an employee, collective bargaining. * representative, or the employee's physician, on a timely and reasonable basis, on substances in the workplace.
(b) Employers shall furnish employees who may be exposed to a hazardous- :
substance with information on the contents of the MSDS for the hazardous;
substances or equivalent information, either in written form or through- <
training programs, which may be generic to the extent appropriate and. f
related to the job.
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CAPCO JEN 0010582
OR CODE! LABOR CODE
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6399.2
manufac- (c) Provision shall be made for employees to be informed of their rights ppropriate under this chapter and under the standard to be adopted.
data are Added Suis 1980 ch S74 $ 1.
Operative dale of article: $ 6399.2.
.* to refuse
ector.
6399. Manufacturer's duty to provide information to employer
Upon request, the manufacturer of a hazardous substance or the producer of
a mixture who has produced a mixture MSDS pursuant to the provisions of
subdivision (b) of Section 6397 shall make available to any employer, whose.*
employees may be exposed to its product in the workplace, an MSDS on its*'
;e or any product. If the employer does not already have an MSDS and has . not
lixture or jst recent ie person areseeable
already made written inquiry within 12 months as to whether a substance or product is subject to' the requirements of this chapter or if the employer has not already made written inquiry within 6 months as to whether any new, revised, or later information has been issued for a hazardous substance, the employer shall do so within seven working days of a request to do so by an
employee or employee's collective bargaining representative or physician. s of this The employer may adopt reasonable procedures for acting upon such /isions of employee requests to avoid interruption of normal work operations. The
manufacturer or the'producer of a mixture MSDS pursuant to the provi
s relieved sions of Section 6397 shall answer such inquiries within 15 working days of
substance their receipt, stating that the substance, or product is subject to the
e specific requirements of this chapter and furnishing the most current MSDS or a
roduct is statement that the MSDS is under development and the estimated comple
identicide tion date, or stating that it is not subject to the requirements of this chapter, ctdentally with a brief explanation of why the chapter, is not applicable. If an employer
ne form, has not received a response from a manufacturer within 25 working days of
jnsumers, the date the request was made, the employer shall send a copy of the
.ct is not request made of the manufacturer to the director with the notation that no
rnng the response has been received.
Added Seals 19S0.ch S74 $ 1.
Operative date of article 6399.2.
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6399.1. Employer's compliance with regulations
Compliance with regulations of the Director of Food and Agriculture issued
standard pursuant to Section 129S1 of the Food and Agricultural Code shall be
chapter,! deemed compliance with the obligations of an employer toward his or her
employees under this chapter.
f
argaining Added Stats 19S0 ch 874 t. :asonable Operative date of article: 6399.2.
azardous azardous through iate and
6399.2. Operative date of article
This article shall become operative 180 days after adoption of the initial list
of hazardous substances pursuant to Article 3 (commencing with Section
63 SO).
Added Slats 19S0 ch 874 t.
.
13 Labor CoC.)
* 63
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CAP CO JEN 0010583
6399.5
LABOR.CODE LABOR COD
ARTICLE 5
1. In General
Repeal of chapter: 5 6399-9.
Liability and Remedies
On their race. I every employer s place of employer
6399.5. Enforcement
ployees therein, a:
6399.6. Liability
`' t
that no employe:
6399.7. Discharge of or discrimination against employee
employee to go c
place or emptoym
be of identical ipf
6399.5. Enforcement
providing that r.o
The
provisions
of
this
chapter
regarding ` manufacturers,
employers,
and
tain any place of appears also to be
persons subject to the provisions of Section 6397, shall be enforced pursuant 6400 and 640
to the provisions of this division pertaining to enforcement of standards employment. Thus
adopted under Section 142.3.
ration for numero-
Added Star* 1980 ch 874 t. '
`.
tion of an undergr punished for a vi
three statutes, f
6399.6. Liability
ment based on sou
more among suds
The provision of information to an employee pursuant to the provisions of Code, 654. pre
this chapter shall not in any way affect any other liability of an employer where the culpable
with regard to safeguarding the health and safety of an employee or other several counts al!e
persons exposed to a toxic or hazardous substance; nor shall it afFect any
and 6404 pertair.ee maintain a safe p
other duty or responsibility of a manufacturer, producer, or other maker to Lockheed fhipbuii
warn ultimate users of a substance pursuant to other provisions of law.
CA3d Supp t. I3S
Added Slau 1980 ch 874 1.
. 6. --Duty of Empl.
6399.7. Discharge of or discrimination against employee
No person shall discharge or in any manner discriminate against, any employee because sbeh employee has filed any complaint or has instituted, or caused to be instituted, any proceeding under or related to the provisions of this chapter, or has testified, or is about to testify, in any such proceed ing, or because of the exercise of any right afforded pursuant to the provisions of this chapter- on such employee's behalf or on behalf of others, nor shall any pay, seniority, or other benefits be lost for exercise of any such right. A violation of the provisions of this section shall be a violation of the provisions of Section 6310.
Added SUB 1980 ch 874 1.
. ARTICLE 6'
'
Repeal ` *
6399.9. Conditional repeal
This chapter shall remain in effect only until January 1, 1986, and as of such date is repealed, unless a later enacted statute, which is chaptered before January 1, 1986, deletes or extends such date.
Added SUB 1980 ch S74 1.
*
6400. Safe employment and place
Cal Jur 3d Independent Contractors 28. Labor 48. Violation of OSHA regulation as affecting tort liability. 79 ALR3d 962.
\
In an action in subcontractor, reca era! contractor for through a hole in construction, the plaintiffs motion the verdict as to a plaintiffs employer geriee, where plaint to work in the a.curred, where the of safety orders in rng over the hole place appropriate v plywood that was employer, through might be boles in t: and no efforts, to employees or to wa and where there * ployer did what mi; person of ordinary: stances. Short v S (1975) 52 CA3d UV
9. Place of Employ*
Lab. Code. 640 furnish and use sof* adopt and use prat tions and processes to render the empt-
64
-,
p labor Cotfr .
p User Cau\
CAP CO JEN 0010584-
f ti Optional: explanation sheet
^. U'te-
The Hazardous Substances Information and Training Act requires manufacturers of designated hazardous substances and mixtures to provide to direct purchasers and employers material safety data sheets (MSDS). Asbestos and silica (sand), components of A/C pipe, are listed by CAL/OSHA as hazardous substances subject to the Act.
In keeping with the spirit and intent of occupational safety and health lawk, (nameof company) is pleased to provide MSDS for asbestos-cement (A/C) pipe.
-4CAPCO JEN 0010585