Document DGm2x08XkdrOeyjVLVo02YB8Q

t Ch. XVII (7-1 -JATdHW, QgfMpotionwl tor, pn'olbionization detection cm oe useful ^ 1910.1200 ..Hazard communication. for locating men concentration pockets, m leak detection, and continuous ambient air monitoring,. Both ponaole and stationary `jas cfiromito^raphi are available with van mi* 'cf- iSeYefrors. including photoioru- <a) Purpose. <1) The purpose of thi* section is to ensure that the hazards of ail chemicils ptodiided or imported by chemical manufacturers or import, sAtiOR- detector*. A, gas ctiromatograph with a photoioruzatton detector retains the pho- tioniatiofy' sensitivity, but minimizes or eliminates interferences- for several GC/ FED "units, the 'sensitivity is m the 6.1-0.2 ppm L\0 range. The GC/fSP wath.miero- processota can. 'sample up ' to 20 stsnplc - points sequentially, calculate and .record data, and 'activate alfrms pr.ventilation sys tems. Many are oulff, flexifeie .and can be era are evaluated..,and that inform*.' tion concerning their hazards is trambitted to affected employers and e. pioyeejf; ynthrn ; the-, manufacturing .sector. .This tnmamittai of information '<3 tc be accomplished 'by rneanz of comprehensive hazard communication programs, which are to include container labeling- and other forms of i 1 I I configured to meet the specific analysis warning, material safety data sheets needs for the workplace. and employee training. DuPont present*; their laboratory v*ildaof the accuracy at the 'Qasl-IIet ctum charcoal tube, the PCB charcoal tube. Mirth 103 ER Analyzer, '3M V3850 monitor and the Du Thnt C-10 badge. Quoting Elbert V. Kring: W also beleive that OSEA's procased ac curacy in this standard is spprpprSoto. At plus or minus 25 percent at pda pert pgr million, and plus or minus, 35 pjVpetu below that. And. our data indicates there'* onl? one monitoring method.. ngh"r aee, tMt (2) This occupational safety and health standard is intended to addrw comprehensively-the issue: of evaluat ing and ccmmunic&ttas chemical haz ards to. employees in the manufacture tag sector.- and to preempt any state law.- pettaining to this subject. Any stat- which desires urassume respond- bUity ta - thls -' are*. -may -only do so under the provisions of. section 18 of t$j Occupational - Safety and Health we've tested thoroughly, that meets tjiat ee- Act <29 U'^.C. oS'l es. seq.) which deals ciuacy requirements. That tr ttf* Bvt Pont with state jurisdiction and state plana Pro-Tek badge* * *. fto also believe.that this kind of data should, be confirmed Jiy -an* other t&deoehdent laboratory, .iwhig /the same typ dynamic chamber testing iTr. 13?9> Additional data by an independent 'aboralo- tr following their exact protocol mp jaot submitted. However, information,,wtOj aub- sAlSSed oh comparisons and prechdi and-te.* cisjlc/ of those monitoring prpeeduies which' indicate far better predi^on an^" accu- fi-ft7 of thdee monitoring prc^edvire*. than that obtdtykd liy Hirpoct tBx. IJM*. il- 11-118; ttfclSSA). .... -. ,,, , - i%) Scoje and application. (1) This section-requtots chemiwtl 'manufactur ers or impcrr/irs to imsm the hazards o.-ehemlcals which- they produce or Import, and all - employers in SIC Codbi 2d throe#hr39 {Division D. Standard Industrial - Classification Manual.) to, provide information to ttutii employees about'the hazardous ckesaidalz. to which they are exposed, by {iseens of- a - hazard communication pre&raia, labels and other forms of warning, material safety data sheets, i The accuracy,! chy, method a sad information and training. In addi larev" degree upon, the sidlffi am?'experience tion. thim section requires distributors of those who wot only collect tho samples to transmit the required information but also those who analyse the samples. Even tor methods that are coilaboralively tested, some laboratories are closer to the true values than others. Some laboratories may meet the precision and accuracy re quirements of the method: others may con sistently far exceed them for the same to employers ta SIC Codes 20-39. (2) This section applies to any chem ical which is known to be present in the workplace ta such a manner that employees may be exposed under normal conditions of use or ta a fore- i method. seeable emergency. I (Approved by the Office of Management (3) This section applies to laborato- 1 and Budget under control number 131B- rles only as follows: 010S) (1) Employers shall ensure that [4# PR 25795, June 22, 19S4. as amended at labels on incoming containers of haz 50 PR 9801. Mar. 12. 1985: SO PR 41494. Oct. ardous chemicals are not removed or 11. 19851 defaced: lM) Smploi sssterial sale ed -vitl nazaroous cr tney are reac rv emplo>'ees ' mi Emplo oratory empj nazards of workplaces : frapn eh) of <4) This se seling of the u) Any pe fined ta the gicide. and 136 et seq.). mg requirer beling regu Act by the Agency: iii) Any fc ditive. drug terials tatei m such pro ;rances). ai the Pedera. Act (21 tJ.f tions issuee are subjec ments of t tions issui Food and I (iii) Any cohola). vri ed for non are define ministrati and reguli when sub ments of tions issc Bureau o arms; and (lv) An ardous si defined Safety Ac Federal 1 U.S.C. 12 subject t standard those Ac those At Safety C (5) Th: (l) At term is Disposa. 920 EXHIBIT F 30ii- of ,ht- hams* }r imperial t or unpv at inform rds is Lrn^ its and <. nufsctur^ informal^ ' me\m **""--it mm Delude eo r form* al data snem safetj uid d to addi^a of evaiutttemicaJ hm manufaetw n any nat* abject abj me respam only do m ection IS of and Hearts which dcafc 1 state plana on. (1 > TIM manufartwthe hou* produce - it SC . TSion D isificauen .mauon ic te hazardous are expomA mmuiucatuc er form* * data sheeu ung. Ir. adfc ; distributor* miormauoa i 20-39 to any clm >e present 9 manner that posed undr or in a lore to laDorato ensurt thA .iners of M* t remoird r national Safnty and H alth Admin. 1910.1200 Employers shall maintain any '.fi.ii safety data sheets that are ``... (.'a with incoming shipments of rdous chemicals, and ensure that *7 re readily accessible to laboraio^ emplo yes: and. ,, Employers shall ensure that lab- wrv employees are apprised of the of the chemicals in their Stpiaces in accordance with para^_n (h> of this section. xhis section does not require la- --ung of the following chemicals: (i) Any pesticide as such term is de- (ned in the Federal insecticide. Fun--jdr. and Rodenticide Act <7 U.S.C. iS et seq.). when subject to the labelM requirements of that Act and la ding regulations issued under that ijet by the Environmental Protection Agency: <ii) Any food, food additive, color adktive. drug, or cosmetic, including ma terials intended for use as ingredients such products (e.g.. flavors and fra grances), as such terms are defined in me Federal Food. Drug, and Cosmetic act (21 U.S.C. 301 et seq.) and regulaw issued under that Act. when they we subject to the labeling requiremis of that Act and labeling regula tions issued under that Act by the tood and Drug Administration: (til) Any distilled spirits (beverage almhols). wine, or malt beverage Intendid for nonindustrial use, as such terms ire defined in the Federal Alcohol Admmmion Act (27 U.S.C. 201 et seq.) tod regulations issued under that Act, ben subject to the labeling require ments of that Act and labeling regula tions issued under that Act by the hireau of Alcohol, Tobacco, and Firevms: and, <iv) Any consumer product or haz- irdous substance as those terms are Mined in the Consumer Product tlety Act <15 U.S.C. 2051 et seq.) and J^deral Hazardous Substances Act (15 "S.C. 1261 et seq.) respectively, when "bject to a consumer product safety andard or labeling requirement of Acts, or regulations issued under Acts by the Consumer Product ***>' Commission. `5' This section does not apply to: Any hazardous waste as such >or. is defined by the Solid Waste ^bosal Act, as amended by the Re source Conservation and Recovery Act of 1976. as amended (42 U.S.C. 6901 et seq... when subject to regulations issued under that Act by the Environ mental Protection Agency; di) Tobacco or tobacco products; (iii) Wood or wood products; (iv) Articles; and. (v) Foods, drugs, or cosmetics intend ed for personal consumption by em ployees while in the workplace. (O Definitions. "Article" means a manufactured item: (i) Which is formed to a specific shape or design during manufacture: (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use: and (ill) which does not release, or otherwise result in exposure to. a hazardous chemical under normal conditions of use. "Assistant Secretary" means the As sistant Secretary of Labor for Occupa tional Safety and Health. U.S. Depart ment of Labor, or designee. "Chemical" means any element, chemical compound or mixture of elementa and/or compounds. "Chemical manufacturer" means an employer in SIC Codes 20 through 39 with a workplace where chemical(s) are produced for use or distribution. "Chemical name" means the scien tific designation of a chemical in ac cordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of con ducting a hazard evaluation. "Combustible liquid" means any liquid having a flashpoint at or above 100*F (37.8'C). but below 200*F (93.3*0, except any mixture having components with flashpoints of 200*F (93.3*0, or higher, the total volume of which make up 99 percent or more of the total volume of the mixture. "Common name" means any desig nation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. "Compressed gas" means: 921  1910.1200 29 CFR Ch. XVII (7-1-86 Edlti**) (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70`F (21.1*0; or (ii) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130*F (54.4*0 re gardless of the pressure at 70*F (21.1*0; or (iii) A liquid having a vapor pressure exceeding 40 psi at 100*F (37.8*0 as determined by ASTM D-323-72. "Container" means any bag. barrel, bottle, box. can. cylinder, drum, reac tion vessel, storage tank, or the like that containes a hazardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers. "Designated representative" means any individual or organization to whom an employee gives written au thorization to exercise such employ ee's rights under this section. A recog nized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authoriza tion. "Director" means the Director, Na tional Institute for Occupational Safety and Health, TJ.S. Department of Health and Human Services, or des ignee. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to manufacturing purchasers. "Employee" means a worker em ployed by an employer in a workplace in SIC Codes 20 through 39 who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors, and repair or mainte nance personnel. Office workers, grounds maintenance personnel, secu rity personnel or non-resident manage ment are generally not included, unless their Job performance routinely involves potential exposure to hazard ous chemicals. "Employer" means a person engaged in a business within SIC Codes 20 through 39 where chemicals are either used, or are produced for use or distri bution. Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas. and heat when subjected to sudden shock, preasure, or high temperature. Exposure" or "exposed" means that an employee is subjected to a hazard, ous chemical in the course of employ, ment through any route of entry (in halation. ingestion, skin contact or ab sorption. etc.), and includes potential (e.g.. accidental or possible) exposure. "Flammable" means a chemical falls into one of the following catego ries: (i) "Aerosol, flammable" means an aerosol that, when tested by the method described in 16 CFR 1S00.45, yields a flame projection exceeding lg inches at full valve opening, or a flash back (a flame extending back to the valve) at any degree of valve opening. (11) "Gas, flammable" means: (A) A gas that, at ambient tempera ture and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or (B) A gas that, at ambient tempera ture and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit; (ill) "Liquid, flammable" means any liquid having a flashpoint below 100'F (37.8*0, except any mixture having components with flashpoints of 100*F (37.8*0 or higher, the total of which make up 99 percent or more of the total volume of the mixture. (iv) "Solid, flammable" means a solid, other than a blasting agent or explosive as defined in 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spon taneous chemical change, or retained heat from manufacturing or process ing. or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid If. when tested by the method described in 18 CFR 1500.44, it ignites and bums with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. "Flashpoint" means the minimum temperature at which a liquid gives off 922 Occupation j , apor in when ; Tagil: American 1 ji Test for tester. Zll ;*or liquids' 45 Saybolt lOO'F (37.8* pended soli ency to fort or iu Fens ,se<? Awe: .Method of Pensky-Ma 1979 (ASTI a viscosity 3US a 100 suspended ency to for or (iii) Set: American of Test fo Closed Tes Organic p< toaccclerat are exeluc point dete. above. "Foresee potential 1 limited to. of contsJi equipment UBCOEltVOll chemical i "Hazard pictures, thereof ai appropria convey th in the con "Hazard chemical' a health h Health for which cant evid study con tablished acute or occur in "health which an toxic age tants. co toxins. UCC 079946 VII (7*146 EdHia*) ! g^upttienel Safety and Health Admin., Labor 1910.1200 e&ns a chemical that almost instantaneom sure. gas, and he* jo sudden shock, one iperature. "exposed'' means tbM mojected to a hazard, the course of employ, ay route of entry Oft. on. skin contact or abmd includes potential or possible) exposure, means a chemical that the following cateta- nmmablc" means ia when tested by tht Ml in 16 CFR 1500.41 injection exceedint U lve opening, or a flashxtending back to the gree of valve openine suable" means) t, at ambient temper*. xe. forms a flammahb r at a concentration at wreent by volume or t, at ambient tempera ure. forms a range of :tures with air wide 2) percent by volume, e lower limit: ^Bammable" means an? ^ashpoint below 10Q*F any mixture Hanoi th flashpoints of 100*T ier. the total of wtuet ercent or more of the the mixture, flammable" means e an a blasting agent * fined in lfllO.lWta to cause fire througt ition of moisture, fl** cal chance, or retain" nufacturing or prom* can be ignited resdw ted burns so vigorouw y as to create a senow ucal shall be consider" ble solid if. when t" i described m 16 p" ites and bums flame at a rate i of an inch per axis. means the rninim _ . u-hich a liquid F|V* v%0OT in sufficient concentration to * lte when tested as follows: Tagliabue Closed Tester (See wgencan National Standard Method -i Test for Flash Point by Tag Closed Tter. Zll.24-1979 (ASTM D 56-79)) lor liquids with a viscosity of less than svbolt Universal Seconds (SUS) at '(37.8*C). that do not contain sus- oended solids and do not have a tend^ey to form a surface film under test: ^U) Pensky-Martens Closed Tester tut American National Standard uethod of Test for Flash Point by p^nsky-Martens Closed Tester, Z11.7IP79 (ASTM O 93-79)) for liquids with t viscosity equal to or greater than 45 50S a 100'F (37.8*0, or that contain upended solids, or that have a tend ency to form a surface film under test: dii) Setaflash Closed Tester (see Smencan National Standard Method of Test for Flash Point by Setaflish Oaoed Tester (ASTM D 3278-78)). Organic peroxides, which undergo auuaecelerating thermal decomposition, ore excluded from any of the flash point determination methods specified hove. "Foreseeable emergency" means any potential occurrence such as, but not lanlted to, equipment failure, rupture ( containers, or failure of control quipment which could result in an mcontroUed release of a hazardous chemical into the workplace. "Hazard warning" means any words, nnures, symbols, or combination hereof appearing on a label or other moropriate form of warning which mvey the hazards of the chemlcal(s) n the containers). "Hazardous chemical" means any chemical which is a physical hazard or *health hazard. "Health hazard" means a chemical hx which there is statistically signlfi*ot evidence based on at least one *"dy conducted In accordance with es'hiished scientific principles that or chronic health effects may w exposed employees. The term hazard" Includes chemicals Jiich are carcinogens, toxic or highly agents, reproductive toxins, irri^7**" corrosives, sensitizers, hepato* 'ms. nephrotoxins, neurotoxins. agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous mem branes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this section, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be con sidered hazardous for purposes of this standard. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of haz ardous chemicals, the label and the MSDS. "Immediate use" means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled con tainer and only within the work shift in which it is transferred. "Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or man ufacturing purchasers within the United States. "Label" means any written, printed, or graphic material displayed on or af fixed to containers of hazardous chemicals. "Manufacturing purchaser" means an employer with a workplace classi fied in SIC Codes 20 through 39 who purchases a hazardous chemical for use within that workplace. "Material safety data sheet (MSDS)" means written or printed material concerning a hazardous chemical which is prepared in accord ance with paragraph (g) of this sec tion. "Mixture" means any combination of two or more chemicals if the combi nation is not, in whole or in part, the result of a chemical reaction. "Organic peroxide" means an organ ic compound that contains the biva lent -O-O-structure and which may be considered to be a structural deriva tive of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. 923 *`r * i" jf rt'Z&c* 'FZF`&t iSB UCC 079947 _  1910.1200 29 CFft Ch. XVII (7-1-80 Edition) "Oxidizer" means a chemical other than a blasting agent or explosive as defined in $ 1910.109(a), that initiates or promotes combustion in other msteriais. thereby causing fire either of itself or through the release of oxygen or other gases. "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an ox idizer, pyrophoric, unstable (reactive) or water-reactive. "Produce" means to manufacture, process, formulate, or repackage. "Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130* P (54.4* C) or below. 'Responsible party" means someone who can provide additional informa tion on the hazardous chemical and appropriate emergency procedures, if necessary. "Specific chemical identity" means the chemical name, Chemical Ab stracts Service (CAS) Registry Number, or any other information that reveals the precise chemical des ignation of the substance. "Trade secret" means any confiden tial formula, pattern, process, device, information or compilation of infor mation that la used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. Appendix D seta out the criteria to be used in evaluating trade secrets. "Unstable (reactive)" means a chem ical which in the pure state, or as pro duced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under condi tions of shocks pressure or tempera ture. "Use" means to package, handle, react, or transfer. "Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard. "Work area" means a room or de fined space in a workplace where haz ardous chemicals are produced or used, and where employees are present. "Workplace" means an establish, ment at one geographical location con taining one or more work areas. (d) Hazard determination, il) Chem ical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to de termine if they are hazardous. Em ployers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or import er for the chemical to satisfy this re quirement. (2) Chemical manufacturers, import ers or employers evaluating chemicals shall identify and consider the avail able scientific evidence concerning such hazards. For health hazards, evi dence which is statistically significant and which Is based on at least one positive study conducted in accordance with established scientific principles Is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section. Appendix A shall be consulted for the scope of health hazards covered, and Appendix B shall be consulted for the criteria to be followed with respect to the com pleteness of the evaluation, and the data to be reported. (3) The chemical manufacturer, im porter or employer evaluating chemi cals shall treat the following source* as establishing that the chemicals listed in them are hazardous: (I) 29 CFR Part 1910, Subpart Z. Toxic and Hazardous Substances, Oocupatlonal Safety and Health Administration (OSHA); or, (II) Threshold Limit Valves for Chemical Substances and Physical Agents in the Work Environment. American Conference of Governmen tal industrial Hygienists (ACG1H) (latest edition). The chemical manufacturer, importer, or employer is still responsible lor evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard. (4) Chemical manufacturers, import ers and employers evaluating chemi cals shall treat the following sources as establishing that a chemical is & j . I I 1 924 Occupation carcinogen hazard con ,i) Natl iNTP). An , latest edit (ii) Inte search on (latest edi' (ili) 29 Toxic and cupationa istration. Nor*: T1 Chemical tional Insti Health ini been foum tial carcim (5) The porter o the haza as follow (i> II a whole to suits of determii ardous; (il) If as a wh mixture Cure shi same he nents w weight mixture be assu hazard concent er whic gen un tion; (iii) 1 as a w mixtur chemic empio: cally v the p) mixta (iv) indica the rr than i cmog be re wouk perm Thre prese *) >iihcon cern* shell their 0 deEtnluate at to id by portis re- lDortnicals availming s. evificam t one dance pies is abllsh of the -lealth dlx A >pe of sendix eria to comid the j I 1 Ii ' [ j imemiiources micals lart Z, es. OcAdmin- i es for "hyatcal mmenl irninen- lCGIH) j : aporter. ble for ,ed with lists m tents oi i ! importchemisources cal is * Occupational Safety and Health Admin., Labor 1910.1200 carcinogen or potential carcinogen for hazard communication purposes: (i) National Toxicology Program (NTP). Annual Report on Carcinogens (latest edition): Oil International Agency for Re search on Cancer (LARC) Monographs (latest editions): or (ill) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Oc cupational Safety and Health Admin istration. Notx: The Registry of Toxic Effects of Chemical Substances published by the Na tional Institute (or Occupational Safety and Health indicates whether a chemical has been found by NTP or LARC to be a poten tial carcinogen. (5) The chemical manufacturer, im porter or employer shall determine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tested as a whole to determine its hazards, the re sults of such testing shall be used to determine whether the mixture is haz ardous: (ii) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mix ture shall be assumed to present the same health hazards as do the compo nents which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or great er which is considered to be a carcino gen under paragraph (d)(4) of this sec tion: (iil) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifi cally valid data is available to evaluate the physical hazard potential of the mixture: and (iv) If the employer has evidence to indicate that a component present In the mixture in concentrations of less than one percent (or in the case of car cinogens. less than 0.1 percent) could be released in concentrations which wouid exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard. (6) Chemical manufacturers, import ers. or employers evaluating chemicals shall describe in writing the proce dures they use to determine the haz ards of the chemical they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director. The written description may be incor porated into the written hazard com munication program required under paragraph (e) of this section. (e) Written haeard communication program. (I) Employers shall develop and implement a written hazard com munication program for their work places which at least describes how the criteria specified in paragraphs (f), (g). and (h) of this section for labels and other forms of warning, material safety data sheets, and employee in formation and training will be met. and which also includes the following: (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); (II) The methods the employer will use to inform employees of the haz ards of non-routine tasks (for exam ple, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes In their work areas: and, (III) The methods the employer will use to inform any contractor employ ers with employees working in the em ployer's workplace of the hazardous chemicals their employees may be ex posed to while performing their work, and any suggestions for appropriate protective measures. (2) The employer may rely on an ex isting hazard communication program to comply with these requirements, provided that It meets the criteria es tablished in this paragraph <e>. (3) The employer shall make the WTltten hazard communication pro gram available, upon request, to em ployees. their designated representa tives. the Assistant Secretary and the  1910.1200 29 cn Ch. XVII (7-1-85 Edition) Director, in accordance with the re quirements of 29 CFR 1910.20(e). kf) Labels and other forms of warn ing. U) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is la beled. tagged or marked with the fol lowing information: (1) Identity of the hazardous chemical(s); (ill Appropriate hazard warnings: and (ill) Name and address of the chemi cal manufacturer, importer, or other responsible party. (2) Chemical manufacturers, import ers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transporta tion Act (18 U.S.C. 1801 et sea.) and regulations issued under that Act by the Department of Transportation. (3) If the hazardous chemical is reg ulated by OSHA in a substance-specif ic health standard, the chemical man ufacturer, importer, distributor or em ployer shall ensure that the labels or other forms of warning used are in ac cordance with the requirements of that standard. (4) Except as provided in paragraphs (f)(5) and (f)(6) the employer shall ensure that each container of hazard ous chemicals in the workplace Is la beled. tagged, or marked with the fol lowing information; (i) Identity of. the hazardous chemical!s) contained therein: and (ii) Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(4) of this section to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. (8) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. (7) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having em ployees who speak other languages may add the information in their lan guage to the material presented, as long as the information is presented in English as well. (9) The chemical manufacturer, im porter. distributor or employer need not affix new labels to comply with this section if existing labels already convey the required information. (g) Material safety data sheets. (1) Chemical manufacturers and import ers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Em ployers shall have a material safety data sheet for each hazardous chemi cal which they use. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (i) The identity used on the label, and, except as provided for in para graph (f) of this section on trade se crets: (A) If the hazardous chemical is a single substance, its chemical and common name(S); (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself: or. (C) if the hazardous chemical is a mixture which has not been tested as a whole: <j) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemi- 926 UCC 079950 (7-l-W Edition) are transfer^ T5. and which art e immediate u* 10 performs the snail not remote Pels on incomin( rdous chemicals, r is immediately ured information, shall ensure that s of warning are and prominently tainer, or readily . area throughout loyers having emother languages itlon in their Ianlal presented, u on is presented in nanufacturer. im>r employer need i to comply with ng labels already ^formation. / data sheets. (1) irers and import' levelop a material r each hazardous ce or import. Ema material safety hazardous chemi* Bafety data sheet and shall contain : information: sed on the label ided for in part ition on trade se- ous chemical is * ts chemical and ous chemical is 1 been tested as its hazards, the on name(s) of the ontribute to these nd the common ire itself: or. ous chemical is not been tested > al and common aients which have be health hazards I^e or greater o. icept that chew Occupational Safety and Health Admin., Labor 1910.1200 --Is identified as carcinogens under Paragraph (d)(4) of this section shall w listed if the concentrations are O.l^ or greater; and, <2) The chemical and common pimtcs) of all ingredients which have Igen determined to present a physical PfTflrd when present in the mixture; <li> Physical and chemical character ise of the hazardous chemical (such is vapor pressure, flash point): uii) The physical hazards of the haz ardous chemical, including the poten tial for fire, explosion, and reactivity: dv) The health hazards of the haz ardous chemical, including signs and symptoms of exposure, and any medi cal conditions which are generally rec ognized as being aggravated by expo sure to the chemical; (v) The primary route(s) of entry; (vi) The OSHA permissible exposure Omit. ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manu facturer, importer, or employer pre paring the material safety data sheet, where available; (vii) Whether the hazardous chemi cal is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcino gen in the International Agency for Research on Cancer (1ARC) Monographs (latest editions), or by OSHA; (vlii) Any generally applicable pre actions for safe handling and use which are known to the chemical man ufacturer, importer or employer pre paring the material safety data sheet. Including appropriate hygienic prac tices, protective measures during repair and maintenance of contami nated equipment, and procedures for dean-up of spills and leaks; (lx) Any generally applicable control eesures which are known to the chemical manufacturer, importer or nployer preparing the material Mfety data sheet, such as appropriate Wfineering controls, work practices. r Personal protective equipment: (x) Emergency and first aid proce dures; (xi) The date of preparation of the terial safety data sheet or the last coange to it: and. (xii) The name, address and tele phone number of the chemical manu facturer, importer, employer or other responsible party preparing or distrib uting the material safety data sheet, who can provide additional informa tion on the hazardous chemical and appropriate emergency procedures. If necessary. (3) If no relevant information is found for any given category on the material safety data sheet, the chemi cal manufacturer, importer or employ er preparing the material safety data sheet shall mark it to indicate that no applicable information was found. (4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures. (5) The chemical manufacturer, im porter or employer preparing the ma terial safety data sheet shall ensure that the information recorded accu rately reflects the scientific evidence used in making the hazard determina tion. If the chemical manufacturer, importer or employer becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported the chemical manufacturer or import er shall add the information to the material safety data sheet before the chemical is introduced into the work place again. (8) Chemical manufacturers or im porters shall ensure that distributors and manufacturing purchasers of haz ardous chemicals are provided an ap propriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped contain ers or send them to the manufacturing purchaser prior to or at the time of the shipment. If the material safety V,. .,-*e 1910.1300 29 CFK Ch. XVII (7-1-86 Edition) data sheet is not provided with the shipment, the manufacturing purchas er shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that material safety data sheets, and updat ed information, are provided to other distributors and manufacturing pur chasers of hazardous chemicals. (8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemi cal in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work areais). (9) Material safety data sheets may be kept in any form, including operat ing procedures, and may be designed to cover groups of hazardous chemi cals in a work area where it may be more appropriate to address the haz ards of a process rather than individ ual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work areafs). (10) Material safety data sheets shall also be made readily available, upon request, to designated representatives and to the Assistant Secretary, in ac cordance with the requirements of 29 CFR 1910.20(e). The Director shall also be given access to material safety data sheets in the same manner. (h) Employee information and train ing. Employers shall provide employ ees with information and training on hazardous chemicals in their work area at the time of their initial assign ment, and whenever a new hazard ia Introduced into their work area. (1) Information. Employees shall be informed of: (i) The requirements of this section; <il> Any operations in their work area where hazardous chemicals are present: and, (ill) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this sec tion. '.2/ Training. Employee craining shall include at least: <i) Methods and observations that may be used to detect the presence or release of a Hazardous chemical in the work area isuch as monitoring con ducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.): (II) The physical and health hazards of the chemicals in the work area: (III) The measures employees can take to protect themselves from these hazards. Including specific procedures the employer has implemented to pro tect employees from exposure to haz ardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to the used; and, (lv) The details of the hazard com munication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information. (i) Trade secrets. (1) The chemical manufacturer, importer or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (1) The claim that the information withheld is a trade secret can be sup ported; (ii) Information contained in the ma terial safety data sheet concerning the properties and effects of the hazard ous chemical is disclosed; (111) The material safety data sheet indicates that the specific chemical identity Is being withheld as a trade secret; and. (iv) The specific chemical identity is made available to health professionals, employees, and designated representa tives, in accordance with the applica ble provisions of this paragraph. (2) Where a treating physician or nurse determines that a medical emer gency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical manufactur er, importer, or employer shall imme diately disclose the specific chemical 928 UCC 079952 Joining QS lhoi *n or J in ui* ng coo. Unuogt aranet Is when hazard ea: ees can m ihear cedurw I to pro to hap. roprtat* cedurta mem to rd comi by the auon of material sployees ropnaie chemical mployer theoucal *1 name of a ^Biatenal trmauon i be sup- i the ma Tung the hazard .ta sheet chemica. a trade ientity asionau. aresenta applies >h. sjciar. oc&; pfrier chemica. jmica, o first-ac nufaetur ii; imme enemies- Occupational Safety and Health Admin., Labor i?10.1200 identity of a trade secret chemical to (B) Measures for controlling work mat treating physician or nurse, re- ers' exposure to the chemical: --adless of the existence of a written (C) Methods of monitoring and ana , natement of need or a confidentiality lyzing worker exposure to the chemi ! ,-reement. The chemical manufactur cal: and. er. importer, or employer may require (D) Methods of diagnosing and i written statement of need and confi- treating harmful exposures to the ` dentiality agreement, in accordance chemical; with the provisions of paragraphs <i) Uv) The request includes a descrip (3> and <4) of this section, as soon as tion of the procedures to be used to I circumstances permit, maintain the confidentiality of the i (3) In non-emergency situations, a disclosed information: and. J chemical manufacturer, importer, or (v) The health professional, and the employer shall, upon request, disclose employer or contractor of the services ! a specific chemical identity, otherwise of the health professional (Le. down pennitted to be withheld under para graph (i XI) of this section, to a health professional (i.e. physician, industrial hygienist, toxicologist, or epidemiolo stream employer, labor organization, or individual employee), employee, or designated representative, agree in a written confidentiality agreement that gist) providing medical or other occu the health professional, employee, or pational health services to exposed designated representative, will not use employees), and to employees or des- the trade secret information for any ! ignated representatives, if: purpose other than the health need(s) (i) the request is in writing; asserted and agree not to release the (ii) The request describes with rea information under any circumstances sonable detail one or more of the fol other than to OSHA, as provided in lowing occupational health needs for paragraph (1X8) of this section, except the information: aa authorized by the terms of the (A) To ass&m the hazards of the agreement or by the chemical manu chemicals to which employees will be facturer, importer, or employer. exposed; (4) The confidentiality agreement (B) To conduct or assess sampling of authorized by paragraph (l)(3Xiv> of the workplace atmosphere to deter this section: mine employee exposure levels; tl) May restrict the use of the infor (C) To conduct pre-assignment or mation to the health purposes Indicat periodic medical surveillance of ex ed in the written statement of need; posed employees: (D) To provide medical treatment to exposed employees: (ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipula (E) To select or assess appropriate tion of a reasonable pre-estimate of personal protective equipment for ex likely damages: and. posed employees: (ill) May not include requirements (F) To design or assess engineering for the posting of a penalty bond. controls or other protective measures (5) Nothing in this standard is for exposed employees: and, meant to preclude the parties from (C) To conduct studies to determine pursuing non-contractual remedies to the health effects of exposure. the extent permitted by law. (iii) The request explains in detail (6) If the health professional, em why the disclosure of the specific ployee. or designated representative chemical identity is essential and that, receiving the trade secret information ui lieu thereof, the disclosure of the decides that there is a need to disclose following information to the health it to OSHA. the chemical manufactur professional, employee, or designated er. importer, or employer who provid representative, would not satisfy the ed the information shall be informed Purposes described in paragraph by the health professional, employee, 'ix3)<ii) of this section: or designated representative prior to. (Ai The properties and effects of the or at the same time as. such disclo cnemicai: sure. 929  1910.1200 29 CFt Ch. XVII (7-1-86 Edition) (7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity, the denial must: (i) Be provided to the health profes sional. employee, or designated repre sentative. within thirty days of the re quest; <il) Be in writing; (ill) Include evidence to support the claim that the specific chemical identi ty is a trade secret; (iv) State the specific reasons why the request is being denied: and, (v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemi cal identity. (8) The health professional, employ ee. or designated representative, whose request for information is denied under paragraph (i)(3) of this section may refer the request and the written denial of the request to OSHA for con sideration. (9) When a health professional, em ployee. or designated representative refers the denial to OSHA under para graph (1X8) of this section. OSHA shall consider the evidence to deter mine if: (1) The chemical manufacturer, im porter. or employer has supported the claim that the specific chemical identi ty is a trade secret; (li) The health professional, employ ee. or designated representative, has supported the claim that there is a medical or occupational health need for the Information: and (ill) The health professional, em ployee, or designated representative, has demonstrated adequate means to protect the confidentiality. (10X1) If OSHA determines that the specific chemical identity requested under paragraph (0(3) of this section is not a bona fide trade secret, or that it is a trade secret, but the requesting health professional, employee, or des ignated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer. or employer will be subject to citation by OSHA. (ii) If a chemical manufacturer, im porter, or employer demonstrates to OSHA that the execution of a confldentiallty agreement would not pro vide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Assistant Secre tary may issue such orders or impose such additional limitations or condi tions upon the disclosure of the re quested chemical Information as may be appropriate to assure that the occu pational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If. following the issuance of a ci tation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter Is referrable to the Occupational Safety and Health Review Commission for enforcement of the citation. In accordance with Commission rules, the Administrative Law Judge may review the citation and supporting documentation fa camera or issue appropriate protective orders. (12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, Importer, or employer shall, upon request, disclose to the As sistant Secretary any information which this section requires the chemi cal manufacturer, importer, or em ployer to make available. Where there Is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assist ant Secretary so that suitable determi nations of trade secret status can be made and the necessary protections can be implemented. (13) Nothing in this paragraph shall be construed as requiring the disclo sure under any circumstances of proc ess or percentage of mixture informa tion which is trade secret. (j) Effective dates. Employers shall be in compliance with this section within the following time periods: (1) Chemical manufacturers and im porters shall label containers of haz ardous chemicals leaving their work places. and provide material safety 930 O 3: N i; a: w -V fl 0 Q h u c a. s; err e b s 5 fc n o p s 0 s t E r t t r UCC 079954 ^^*0 LaLon T. im Los to oonfl t pro St Uw OTM oeeifw Seeretapoor eondi be ro * may occuorided to Uw or. or if a a x thr r. or Id the grant* 3ealtn aDCTit * with trailer Itettcir xi tecllw letencr jr *Ucr cbenv r thrr n shai B* ttir ;&TTT. ear tw eetior* 0 aha; dtKie f pro forms shs. jyj w s' r.*.- c'l :r* Occupational Safety and Health Admin., Labor 1910.1200 du sheets with initial shipments by November 25. 1985. ' ,2) Distributors shall be in compli ce with all provisions of this section ^plicable to them by November 25. 1985(3) Employers shall be in compliance frth all provisions of this section by lliy 25. 1986. including initial training for all current employees. Armnix A to 5 1910.1200--Health Hazard Detinitiohs (Mawdatohy) Although safety hazards related to the pnysicai characteristics of a chemical can be objectively defined in terms of testing re quirements (e.g. flammability), health uard definitions are less precise and more adjective. Health hazards may cause measliable changes in the body--such as de ceased pulmonary function. These changes lie generally indicated by the occurrence of Mbs and symptoms in the exposed employ e-such as shortness of breath, a noneasurable. subjective feeling. Employees oposed to such hazards must be apprised of Htb the change in body function and the asm and symptoms that may occur to gnal that change. The determination of occupational health asmrds is complicated by the fact that any of the effects or signs and symptoms anr commonly in non-occunationally ex posed populations, so that effects of expo se are difficult to separate from normally eerumng illnesses. Occasionally, a submnee causes an effect that is rarely seen in (be population at large, such as angiosarco ma caused by vinyl chloride exposure, thus asking it easier to ascertain that the occu pational exposure -was the primary causaMe factor. More often, however, the effect* ae common, such as lung cancer. The situsnan is further complicated by the fact that aast chemicals have not been adequately weed to determine their health hazard pomtial. and data do not exist to substantiate m effects. There have been many attempt* to catemae effects and to define them in various sr* Generally, the term* "acute" and rorue'' are used to delineate between efm on the basis of severity or duration. effects usually occur rapidly a* a jjjji of short-term exposure*, and are ol *WI duration. 'Chronic" effects generally u a result of long-term exposure, and Tof long duration. The acute effects referred to most freare those defined by the American **^ha.! Standards Institute (ANSI) stand- Jr Precautionary Labeling of Hazard- y Industrial Chemicals (Z129J-1982J--ircorrosivity, sensitization and lethal Although these are important health effects, they do not adequately cover the considerable range of acute effects whicn may occur as a result of occupational expo sure. such as. for example, narcosis. Similarly, the term chronic effect is often used to cover only carcinogenicity, terato genicity. and mutagenicity. These effect* are obvious a concern m the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy. The goal of defining precisely, in measura ble terms, every possible health effect that may occur in the workplace as a result of chemical exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them. Appendix B. which is also mandatory, out lines the principles and procedures of hazard assessment. For purpose* of this section, any chemi cal* which meet any of the following defini tions, ss determined by the criteria set forth In Appendix B are health hazards; 1. Carcinogen: A chemical is considered to be s carcinogen if: (a) It has been evaluated by the Interna tional Agency for Research on Cancer (IAR-C), and found to be a carcinogen or po tential carcinogen; or (b) It is listed sa a carcinogen or potential carcinogen in the Annual Report on Car cinogens published by the National Toxicol ogy Program (NTP) (latest edition): or, (c) It Is regulated by OSHA ss a carcinogen. 2. CbiTOPfew A chemical that causes visi ble destruction of. or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a chemical Is considered to be corrosive if, when tested on the Intact skin of albino rabbits by the method described by the VJB. Department of Transportation In Appendix A to 49 CPR Part 173. it destroys or changes Irreversibly the structure of the tissue at the site of con tact following an exposure period of four hours. This term shall not refer to action on iti.Tiim.ij surfaces. 3. Highly toxic.' A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LDh) of 90 milligrams or less per kilo gram of body weight when administered orally to albino rats weighing between 300 and 300 grams each. (b) A chemical that has s median lethal dose (LDw) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or leas if death occurs within 24 hours) with the bare skin of albino rabbits weighing be tween two and three kilograms each. 931  1910.1200 29 CFR Ch. XVII (7-1-tt Edition) io A chemical that has a median lethal concentration >LC) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or lest of mist. fume, or dust, when administered by continuous inhalation for one hour tor less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 4. imtanf A chemical, which is not corro sive. but which causes a reversible inflam matory effect on living tissue by chemical action at the site of contact. A chemical is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 CFR 1900.41 for four hours exposure or by other appropriate techniques, it results m an empirical score of five or more. A chemi cal U an eye irritant if so determined under the procedure listed in 16 CFR 1900.42 or other appropriate techniques. 5. Sens!rtser a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the ctiemlctl 9. Toxic. A chemical failing within any of the following categories: (a) A chemical that has a median lethal dose (LEW of more than 90 milligrams per kilogram but not more than 900 milligrams per kilogram of body weight when arimlnia- tered orally to albino rats weighing between 200 and 300 grams each. b) A chemical that has a median lethal dose <LDw) of more than 200 milligrams per kilogram but not more than 1.000 milli grams per kilogram of body weight when ad ministered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between' two and three kilograms each. (c) A chemical that has a median lethal concentration (LC ) in air of more than 200 parts per million but not more than 2.000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 7. Target organ effect*. The following is a target organ categorisation of effects which may occur, including examples of signs and symptons and chemicals which have been found to cause such effects. These examples an presented to illustrate the range and di versity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not In tended to be all-inclusive. a ..................... - ChwigeMs which praams ever Signs and Symcasnw...... ..................... .*mdUic Bw snlsmwrsna Chamca* ... ...- --..---- .... GstPon uvechlofk* ueosommos b- n^otyocwuw...--..--..--_ Qwmmis which prahae noisy dunpgp. S*w and Sjnaptonac--.--. Edams p*tamunp. Chamoa*Hamganaud hyoooweons unman. & MswimawOimnotfs seen peso nw penury toss sttaca on *w mmous sum Signs snd Sympmnc----------------------- Maras* mwm stung* Nnw m(new (undone Champa* ------.----............ --+--.. Mswy, carbon PUpMda. d. Agon* union set an tw Mood .or noma. Oanmoat hamo^aow timcaan: dogma ma Body ilauui <X wygan. Signs wid linguaa__ ..._*______,,__ _ Cyanoo* loao of oonaoouonooa. ChaimcaU:------------------------------------ Canon mansne* eyoudoo. a. Agpnu wr*d> donugo lung:.............. Chdnaoou aaaen maw or dwnogo Du puananory oaous Chora*.................. ............ ...........secs aobouoe (. WranduWna Wane....... Chateau wtnen aMct Sw wproOuctNw laootumaa nwaig ammouamU damage (muobeno) and atact* on fotuoao (twawganoml. Signs and Sympn*------------------ ---- Shei Parana. wuaiy. Chsmca*.......................................... Land: DBCP. g. Cuianaoua naxame.......... ...................... Chamcai when aflaet mo mmol ityai ot mo body. Signs ana Symptom............................Dotmng o mo uun; ramse mason. Chattel*------- ------.....--.... ......... Katanas; cfoormoiod aonwounda ft Eya lurada:......... ............................... . Chameou wmen ataci mo aye or *wu -soarty Signs and Symptom;......... .................. Conamcpwbe aomou Oanuga. Ctitmn--................ ------ ------------ Organs toivome teas. Arrant)ix B to 11600.1200--Kazaks DmnucHATioji (MAKbAToay) The quality of a hazard communication program U Largely dependent upon the ade quacy and accuracy of the hazard determi nation. The hazard determination require ment of this standard la performance-orient ed. Chemical manufacturers, importers, and employers evaluating chemicals are not re quired to follow any specific methods for de termining hazards, but they must be able to demonstrate that they have adequately certained the hazards of the chemicals pro- 932 UCC 079956 yaT S H & B *> Occupational Safaty acid HaaltH Admin,, Labor 1910.1200 r. aucP= or imported in accordance with the -- Any pertinent information obtained criteria set forth in this Appendix. from the following source list (latest edi u Hazard evaluation is a process which tions should be used): T relies heavily on the professional judgment Condensed Chemical Pictxonary t of the evaluator, particularly in the area of chronic hazards. The performance-orienta Van Nostrand Reinhold Co., 135 West 50th Street. New York, NY 10030 4 4 * U 0 r. a T * tion of the hazard determination does di minish the duty of the chemical manufac turer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensi ble evaluation. For purposes of this stand ard. the following criteria shall be used in maxing hazard determinations that meet the requirements of this standard. 1. Carcinogenicity. As described in parairaph (d)(4) and Appendix A of this section, a determination by the National Toxicology Program, the International Agency for Re search on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for pur The Merck Index: An Encyclopedia of Chemicals and Drugt Merck and Company, Inc.. 126 E. Lincoln Avenue. Rahway, NJ 07065 IARC Monograp/u on the Evaluation of the Carcinogenic Risk of Chemicals to Man Geneva: World Health Organization. International Agency for Research on Cancer, 1973-1977. (Multivolume work). 49 Sheridan Street, Albany, New York Industrial Hygiene and Toxicology, by F. A. Patty John Wiley At Sons. Inc., New York. NY (Five volumes) Clinical Toxicology of Commercial Product* poses of this section. Gleason. Goaselin and Hodge 2. Human data: Where available, epidemi ological studies and case reports of adverse Cosarett and Doutl's Toxicology; The Basic Science of Poisons health effects shall be considered in the Doull, Kitemen end Amdur. Macmillan evaluation. Publishing Co., Inc.. New York, NY 3. Animal data: Human evidence of health effects in exposed populations is generally Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy not available for the majority of chemicals Publishing Sciences Group. Inc.. Acton, produced or used in the workplace. There- MA lore, the available results of toxicological Toxicology of the Eye, by W. Morton Grant testing in animal populations shall be used Charles C. Thomas, 301-337 Hast Law u predict the health effects that may be ex rence Avenue. Springfield, IL perienced by exposed workers. In particular, Recognition of Health Haeards in Industry tbe definitions of certain scute hazards William A Burgeas, John WUey and Sons. refer to specific animal testing results (see 605 Third Avenue, New York. NY 10156 Appendix A). Chemical Haeards of the Workplace 4. Adequacy and reporting ofdata: The re Nick H. Proctor and James P. Hughes, J. adts of any studies which are designed and P. Uplncott Company, 6 Winchester conducted according to established scientific Terrace. New York, NY 10033 wtneiples. and which report statistically sig Handbook of Chemistry and Physic* nificant conclusions regarding the health ef Chemical Rubber Company. 18901 Crnn- 1 fects of a chemical, shall be a sufficient wood Parkway. Cleveland. OH 44128 i tasis for a hazard determination and report1 *4 on any material safety data sheet. The dtemicai manufseturer. importer, or emfeoyer may also report the results of other i nemiticaiiy valid studies which tend to fefute the findings of hazard. Threshold Limit Values for Chemical Sub stances and Physical Agents in the Workroom Environment with Intended Change* American Conference of Governmental Industrial Hygienists. 6500 Glenway imwwx c to 5 1900.1200-Ixtomsatio* Sotmcrs iadvisoky) The following is a list of available data feurees which the chemical manufacturer, ^dorter, or employer may wish to consult ^evaluate the hazards of chemicals they 9TW'uce or import Avenue. Bldg. D-5, Cincinnati OH 45311 Non; The following documents are on tale by the Superintendent of Documents. U.8. Government Printing Office, Washing ton. D.C. 30402. Occupational Health Guidelines NIOSH/OSHA (NIOSH Pub. No. 81-123) NIOSH/OSHA Pocket Guide to Chemical . ~ Ahv information m their own company Haeards ;-**s suer, as toxicity testing results or ill* NIOSH Pub. No 78-210 *** experience of company employee*. Registry of Toxic Effects of Chemical Sub , ' Ant information obtained from the stances ^spiier of the chemical, such as material U.S. Department of Health and Human . sheets or product safety bulle- Services. Public Health Service. Center for Disease Control. National Institute 933  1910.1200 29 CFR Ch. XVII (7-1-06 Edition) for Occupational Safety and Health (NTOSH Pub. No. 80-102) The Industrial Environment--Its Evalua tion and Control U.S. Department of Health and Human Services. Public Health Service. Center for Disease Control. National Institute for Occupational Safety and Health iNIOSH Pub. No. 74-117) Miscellaneous Documents--National Insti tute for Occupational Safety and Health 1. Criteria tor a recommended standard * * * Occupational Exposure to "--" 2. Special Hazard Reviews 3. Occupational Hazard Assessment 4. Current Intelligence Bulletins BisLiocaxmc Data BAsn Service Provider and Pile Name Bibliographic Retrieval Services (BRS), Cor poration Park. Bldg. 703, Scotia. New York 12302 AORICOLA ____ BIOSIS PREVIEWS CA CONDENSATES CA SEARCH DRUG INFORMATION MEDLARS MEDOC NTIS POLLUTION ABSTRACTS SCIENCE CITATION INDEX SSH Lockheed--DIALOG. Lockheed Missile* to Space Company, Inc.. P.O. Box 44411. San Francisco, CA 94144 AGRICOLA BIOSIS PREV. 1972-PRESENT BIOSIS PREV. 1909-71 CA CONDENSATES 1970-71 CA SEARCH 1972-70 CA SEARCH 1977-PRESENT CHEMNAME CONFERENCE PAPERS INDEX POOD SCIENCE to TECH. AB8TR. POODS ADLIBRA INTL. PHARMACEUTICAL ABSTR. NTIS POLLUTION ABSTRACTS SCISEARCH 1970-PRESENT 3CISEARCH 1974-77 SSIE CURRENT RESEARCH SDC--ORBIT. SDC Search Service, Depart ment No. 2230, Pasadena. CA 910S1 AGRICOLA BIOCODES BIOSIS/BIO0973 CAS0771/CAS7270 CAS77 CHEMDEX CONFERENCE ENVIROLINE LABORDOC NTIS POLLUTION SSIE Chemical Information System (CIS). Chem ical Information Systems Inc., 7215 Yorke Road. Baltimore. MD 21212 Structure to Nomeclature Search System Acute Toxicity (RTECS) Clinical Toxicology of Commercial Prod ucts Oil and Hazardous Materials Technical Assistance Data System National Library of Medicine, Department of Health and Human Services, Public Health Service. National Institute* of Health. Bethesda. MD 20209 Toxicology Data Bank (TDB) MIDLIN TOXUNE CANCERUT RTECS Arrwptx D to | n 10.1300--DxmrmoK or "Txadx Sxcxxr' (Makdatoxt) The following is a reprint of the Restatement of Torts section 757. comment b (1939):. b. Definition of trade secret A trade secret may consist of any formula, pat tern. device or compilation of informa tion which is used in one's business, and which gives him an opportunity to obtain an advantage over competitor! who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see 1759 of the Restatement of Torts which is n t included in this Appendix) in that it is not simply Information as to single or ephemeral events in the conduct of the business, as. for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the op erations of the business. Generally it relates to the production of goods, ms, for example, a machine or formula for the production of an article. It may. however, relate to the sale of goods or to other operations in the business, such as a code for determining dis counts. rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of I ] ' | 934 1 I 1 r c t 1 t r * V 8 I \ e c t v f t t V t a s V 0 e g ( t a b (' t. Q n P n c. o P IT rt fc a. P o b t! UCC 079958 t n) tmrr.t PuSlie lef o! .os or ie Re- cam- I: n*> good-' o: 3u5:r.e un- <**' SS.on* r a .is- jj; s'.r.oc - Occupational Safoty and Haaith Admin., labor 1910.1200 bookkeeping or other office manage ment. Secrecy. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowl edge in an industry cannot be appro priated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular busi ness in which it is used. It is not requi site that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for ex ample, when they have discovered the process or formula by independent in vention and are keeping it secret. Nev ertheless. a substantial element of se crecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the in formation. An exact definition of a trade secret is not possible. Some fac tors to be considered in determining whether given information is one's trade secret are: (1) The extent to which the information is known out side of his business: (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information: (4) the value of the information to him and his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly ac quired or duplicated by others. Novelty and prior art A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical im provement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the in ventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning an other's secret. For this limited protec tion it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is. however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this Section. Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongful ly is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other band, the secret con sists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's li ability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate. Information not a trade secret Al though given information is not a trade secret, one who receives the in formation in a confidential relation or discovers it by improper means may be under some duty not to disclose or use that information. Because of the con fidential relation or the impropriety of the means of discovery, he may be compelled to go to other sources for the information. As stated in Com ment a, even the rule stated in this Section rests not upon a view of trade secrets as physical objects of property but rather upon abuse of confidence or impropriety in learning the secret. Such abuse or impropriety may exist also where the information is not a trade secret and may be equally a basis for liability. The rules relating to the liability for duties arising from confidential relationships generally are not within the scope of the Re statement of this Subject. As to the use of improper means to acquire in formation, see S 759. 935 SkxjPij'S UCC 079959  1910.1499 [48 FR 53340. Nov. 25. 1983. as amended at 50 FR 48758. Nov. 37. 19B51 9 1910.1499 Source of standards. Stem (910.1000 .... 41 CFft 50-904.SO. 4XC40I lor Tsbw Z-i. the wee* ol wr*ch a Amenesn National San), i arts inaaaaa. Zjt aanaa. C40 FR 33073. May 38.19751 9 1910.1500 Standards organisations. Specific standards of the following -------"* `I* ha*n nferred tO ill 29 cm Oi. XVII (7-l-M Edition) this subpart. Copies of the standards may be obtained from the issuing organization. American Conference of Governmental Industrial Hygienists 1014 Broadway Cincinnati. Ohio 48303 American National Standards Institute 1430 Broadway Naw Tort New Torfc 10018 (40 FR 33073. May 38. 1975, as amended u 43 FR 57803. Dec. 8.19781 936 UCC 079960