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r" *4 i t \ \ i Friday November 25, 1983 The Standard begins cn page 53340 and continues to page 53348. Part IV Department of Labor Occupational Safety and Health Administration Hazard Communication; Final Rule CONFinFN'HAL DO 003307 332B0 Federal Register / Vol. 48, No. 228 / Friday. November 25. 1983 / Rules and Regulations DEPARTMENT OP LAAOA Occupational Safaty and Barth ArimHUtretion 29 CFR Part 1910 Hazard Communication aazwcn Occupational Safety and Health Admitustation (OSHAl Labor. suMMAirr OSHA La hereby promulgstiing a ftnaJ occupational safety and health standard entitled "Hazard Communication" (29 CFR isnu.427" Th standard requires chemical man. ':*tn and importers to asaess the hazards of enemies!; which they produce or import. * - - .11 employers having workplaces manufacturing division. Standard Industrial Classification (SIC) codes 20 through 39, to provide information to their ar-'I^yeee c- ~ rrung hazardous uiemicals by me -isH communication p: i including labels, material safety data sheets, training and access to written records. In addition, distributors of hazardous chemicals an required to ensure that cuntsInert they distribute are property Mid that msteriai safety data ibeet is provided to 'heir customers in the manufacturing division S'C ~ ' Implementation of this will reduce the tnddencr related occupational ILL injuries in employees c manufacturing division. _ t*eea availability of hazard --jormation will employers in these industries to devise appropriate protective measures, and will give employee* me information they need to take steps to protect themselves. The twenty-four states with their own OSHA-epproved occupational safety and health plans must adopt a comparable standard within six months of this publication date. These states arc: Alaska. Arizona. California. Connecticut Tfot stats ana local roveniment emoievee* only), Hawaii, mdiene. Iowa. Kentucky. Maryland. Michigan. Minnesota. Nevada. New Mexico, North Carolina. Oregon. Puerto Rico. South Carolina. Tennessee. Utah. Vermont Virginia. Vlrsui Islands, Washington, and Wyoming. ..atil such time as a state standard la promulgated. Federal OSHA will provida Interim enforcement assistance, -as appropriate, in these state*. *\ EFi*CTtvi OATU Qemical manufacturers and importers are required to label containers they ship and provide required material safety data sheets by November 23.1983. years ago. In 1974. tha Standards Distributors are required to be in Advisory Committee on Hazardous compliance by November 23.1983. All Materials Labeling was established employers covered by the standard are under Section 7(b) of the OSH Act to to be in compliance by May 23. I960, develop guideline* for the so* rjerufs msoetts-ncM cowTacr. implementation of Section 8(b)(7) of the Mr. )amsi F. foster. U.S. Department of Act with respect to hazardous rr.sienat* Labor. Occupations' Safety and Health [Ex. 18-1). On June 8 1975, the Administration. Roor* -si 2x3 Ci--submitted its final report Constitution Avenue . nsr.ir.ston. wr. ci. .erntified issues and ^ C. 222iu lelephor.i . - .23-8151. Copies of this document may be obtained from the Office of Public Affairs at this address and telephone numoer. or by contacting er.y OSHA recommended guideline* for categorizing and ranking chemical hazards (Ex. 18-2). Ltbeia. material safety data sheets, and training programs were also recommended regional or ares Office. sumjMENraav iMPoaiia-natc The recordkeeping requirements in the standard have been approved by the Office of Management and Budget under the Paperwork Reduction Act of 1880. Pub. L 98-511.44 U.S.C. 3501. et seq. The OMB approval number is 1215-0072. L Introduction. The National Institute for Occupational Safety and Health (NIOSLH) published a miens document in 1974 which recommended a standard to OSHA (Ex. 18-3), The document entitled "A Recommended Standard * * * An Identification System for Occupationally Hazardous Mater!*!*." included provisions for labels and material safety data sheets. A. The Format of Thit Document (the Preamble) The preamble accompanying this final standard is divided into five parte, numbered I through V. The following is a table of oatents; On January 23.1977. OSHA published an edvsnee notice of proposed rulemaking on chemical labeling in the Federal Regiater (42 FR 5372). The nonce requested comments from the public regarding the' need for a standard that would require employers to label L Introduction. hazardous materials. Information was A Forms! of the document. E History of the proceedings. r Fm*l Standard and - laauee. of the final also requested regarding the provisions to be included in such * standard to assure that employees are eppnsed of the hazards to which they are exposed. A total of eighty-one comments were C. Issues ruaec :. .1* standard. non* of the received from variety of federal, state, and local government tgenoes. trade proposed stanoerD. legal authority and related issue*. L Regulatory Ansiyin. A. Rtguiatory impact analysis: economic femora a Regulatory flexibility tnsiyiis. C. Environmental Impact anaiysia. IV. Summary and Explanation of the Final Standard. V. Authority, Si^atan and the Standard. associations. businesses, and labor organizations (Ex. 2B). In general, there . waa support for the concept of a hazard communication standard. On January 18 1981, OSHA published a notice of proposed rulemaking (NPRM) entitled "Hazards Identification" (48 FR 4412J- The NPRM would have required employers to aaaesa the hazards in their Part II provides a detailed analysis of public input on the proposed standard and related issues. Part IV is a proviaion-by-provision discussion of the workplace* using specified determination procedure*. Labels including extansive information about these hazard* would have been required final standard. Including a brief summary of each requirement end the rationale supporting it Reference! to the on all containers within tha workplace (Including pipes), as well as on containers leaving the workplace. rulemaking record are in tha text of the OSHA withdrew the NPRM on preamble, and tha following February 1Z 1981 for further abbreviations have been used; consideration of regulatory alternatives 1. Exu Exhibit number in Docket H- (48 FR 12214).. 022- 2. The propoeaL On March 19.1982. 2. TruTranscript peg* number...' OSHA published the NPRM that wet the subject of this rulemaking proceeding B. Hittorj of the Proceeding*' vi' .. "(47.FR 12062). Tie notice established a L The development of the propoeaL . sixty day period, whicn ended on May OSHA's involvement In the issue of 181982 for suDmleaion of written identification and communication of comments and filing of notices of intent hazards in tha workplace began nine to appear at tha public hearings. The CONFIDENTIAL DO 003308 gaglsiar / Vol. No. Z2$ / Fridiy. November 23. tSflJ / Rule* mo Regulations *in- % exposed smployees, The provisions of the confidentiehty the power given to the Secretary tn 3- To select Of iimu pp ins is agreement may not mdude requiring the Section 15 of the Act if the chemical personal protective exposed employ posting of a penalty bond. It may reetna manufacturer, importer, or bloyet use of the information to the purpose* demonstrates to OSHA th 8. To deugn or iwu seenng csntroli or other protective measure! for' expel d employees indicated in the ttatemeoUbf need, prohibit disclosure to ims other than OSHA who he* not signpd tn execution of a confidential agreement would not provide soffid protection gainst tha potential ha m the 7, To cooduct shidi to determine the sgretment, and provid/for appropnate unauthorized disclosure t trade Jeer* health effects of poeure, legal remedies, including stipulation oi a chemical identity, the latent ft should be Doted t for purposes of reasonable pre-estizmte of likely Secretary may tasoe orders or this standard, expo includes damages- Nothing tn the standaro is impose suen sdditioi imitations or potential, as well current, expo* situations. Thus health professto meant to preclude iit parue* from pursuing non-con/actual remedies to cnaaitione upon ci sure si may Ce appropriate to assu that the will be able to> obi in the neceata^ the extent permi^d by law. occupational healt service* ere information pno o the actual e Sure of employees, can implement preventive ms es to avoid the, occurrence of altb effects, In addition, e written requi must aise explain detail why the o*ure of the spe chemical ideotuy ta essential vtding the ocdtpeuooai a. and why disclosure of type* of information would i health profa/sional'a If the health professional decides there is a need m disclose the information to ASHA, the chemical manufaeturer^nporter. or employer^ who provideAhe information must/e informed by roe health profession* pnor to. or tha sama time a*, su disclosure- If tha chronical manufacturer, importeremployer *'** th#wn::es request Sr information, tha demal mutt also bero writing, and ba prawned to provided without undue nsk of hanr. to the chemical nufacturer. importer, or employer. It i; ontemplated that the Assistant would personally review and ap euch orders, limitations or ndioons. If the employe continues to thhold the requested informstioo th.tr t citation has been issued, the ronnated citation will go to tiie Occupational Safety and Health Review rimmmw (OSffilC; for jel and tiTsc1 fof the leal tssures for enn mg workars' eposure to the cai ethods of moniti and ilyzing work; xposurs to the the heath professional withiimhirty days f the request. The denml must provmt evidence to supporwhe claim thatjme chemical identity iVa trade rt, stale the specific rmtonl why f request is being denieJL and explain rdetail how *lt*mativnform*tion ad|udicarom. In rdance with OSHRC rules. Thi Ai dative Law Judge (ALJ) from O mey decide to review the mart i esmertz At afi stages of the P_ the normal OSHRC and judiyal review procedures be | chemical. . Methods of di toting and treating harmful expos s to the chemical, |HA anticpales at in many situations this ait tive informs don will be sufficient satisfy the health hoy satisfy tha occupspna1 health seed without reveaitn^he specific ' chemical identity. Tha requesting heajfc professional who still needs the irfonnation may then refer the matteroo OSHA for foll/wed. as a further clarification the losur^reqmrements final fandard, the provisions Cificaliy Exclude trade seo-et p: sses or f percentage of mixture rmation from professional's n da. The request fi the information m further provide desertpuon of tha procedures to e used to protect tha confidential! of tha information, agreement to use tha informant any purpi er than tha haal asserted nr release it undar at circums s other than to OSHA must also be tided. and signed b >tiinni as wall as contractor of tha Cealth l's services. The aquirement mployer or cnotredor of the feational't servicis be a co- to tha agreemast/ppliet regardless of whei er the health ional Is previding pationai or medical s to a tream employer, r tion. or individ< employees egardless of whe1 :r the health protessional is being d for his services. This makes licit that both the principal and the are legally responsible for co: with the agreement altho y tha health professional may a dally have access to the specific che: cal identity informs uno. consideration. The /riginal requart. as well as the writteternal, must be provided tn OSHA at the time of this referral. OSHA yd1 review these documents tn dmarmine whether the chemical manWacturer. importer, i employer haa/upported the claim the specific dUmical identity ts a secret, and mat the health profess^nai has demonstrated a medical or occupational health need for the informant. at well as adequetefneans to protey the confidentiality of informmion. If OroiA determines that thi pacific 1 Identity is not a tre secret. kployer will be subject citation, rly. tha employer will subject ftation if the specific ehi cai itity is a trade secret' t the guesting health professi al has emonitrated a medical d occupational leallh need, executed a ymfidentiafity agreement, and has shops adequate r mini for complying with tha terms of tha confidentiality agreement. Abatement of tha citation will most likely be to divulge the specific chemical identity subject to the confidentiality agreement. However, consistent with disclosure. This is the of information which is likely to be trade secret and least ly to be of medical or occupauo: health interest OSHA recopuzes th in rare case*, process informs tic such as where an intermediate baza us chemical is no present in the iroduet) or even percentage of infortnattoo (sue as for antidote tment) may be necessary in ai mergency situation, OHSA believe at responsible chemical man employer* tuners, importers, or got* lately respond such emtrg Thus suen information as not included in the concept of u-ifie chemical identity. The i--t masufactiim. import* or employ; is required to divulge to tr As<utan cretary or designee any inform required under thi* standard However, the chemical Iturer. importer, or employer trade secret status at the ti: istion Is provided, and the Secetsry will make the > to er-*uri __ ioo of luch trt irdance with the provisions oi CONFIDENT!Al DO 003309 S3340 Federal Register / Vol. eg, No. 77* / Fridiv. November 25. 1383 / Rules end Regulations (2) This occupational safety and they are sublect to the labeling health standard la Intended to addrea* requirements of that Act and labeling comprehenaivaly tbs issue of evaluating regulations issued under the! Act by the and communicating chemical hazards to Food and Drug Administration: employe** in the manufacturing sector, (iii) Any diatiUad spirits (beverage and to z -mpt any stats law pertaining alcohols), wine, or malt beverage to this sueject. Any data which desires intended for noninduitriai use. a* such to ssstunt responsibility in this area terms era defined in the Federal Alcohol may only do so under the proviaions of Administration Act (27 U.S.C 201 et J 18 of the Occupational Safety and aeq 1 tnd regulations issued under that Health Act (29 U.S.C. 851 eL seq.) which Act when subject to th* labeling deals with stve jurisdiction and state requirements of that Act and labeling regulanona issued under that Act by the (b) Scope end application. (1) This Bureau of AJcohol. Tobacco, and section requires chemical manufacturers Firearms: and. Subpart 2 of Par.: he 29 of the Code of Fedem.c; _ join (CTR) it hereby emended by ac-'-.a a new 11910.1200 to read aa follows: 11910.1900 Hazard eonwamteatton. or importer* to esse** the hazards of chemical* which they produce or import, and all employer* ui SIC Codes 20 through 39 'Division D. Standard Industrial Classification Manual) to provide information to their emrcvees about the hazardous chemiceis `t ncr. they are exposed, by means of a nazartt communication program, labels and other forms of warning, material safety data attests, and information and training. In addition, this section requires distributors to transmit the required information to employers m SIC Codes 20-38. (2) Thit section applies to any chemical which is known to be present in the workplace in such a manner that employee* may be exposed under normal condition* of u*e or in a foreseeable emergency. (3) This section applies to laboratories only as follows: (1) Employers shall ensure that labels on m---.in* container* of hazardous rot removed or defaced: -- ever* shall maintain any material safety data sheets that are received with incoming ahtpmenu of hazardous chemicals, and ensure that they are readily accessible to laboratory employee*; and. (iii)Employers shall ansurt that laboratory employee* are apprised of the hazard* of the chemical* in their workplace* In accordance with paragraph (h) of this section. (4) This section doe* not require labeling of the following chemicals-. (iv) Any consumer product or hazardous substance a* those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hera.-ccu Substances Act (15 U.S.C :eq.) respectively, when sublet :c a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission. (5) Thit section does not apply to: (t) Any hazardous waste as such term it defined by the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1978. as amended (42 U.S.C 0901 et seq.). when subject to regulations issued under that Act by the Environmental Protection Agency, (ii) Tobacco or tobacco products; (iii) Wood or wood products: (iv) Articles; and. (v) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace. (c)Definitions. "Article" meant a manufactured item: (i) Which ii formed to specific shape or design during manufacture; (ii) which has end use fusction(i) dependent in whole or m part upon its shape or design during end use: end (Iii) which doe* not release, or otherwise result in exposure to. hazardous chemical under normal conditions of usa. "Assistant Secretary" means the Assistant Secretary of Labor for (a) Purpose. (1) T> rurpose of thit (i) Any pesticide as such term is Occupational Safety and Health. U.S. section it to ensure i,e hazards of defined In the Federal Insecticide Department of Labor, or deeqpiee. all chemicals produced or imported by Fungicide, and Rodentidde Act (7 U.S.C. "Chemical" means any element, chemical manufacturers or importers are 138 et seq.). when subject to the labeling chemical compound or mixture of evaluated, and that information requirements of that Act and labeling elements and/or compounds. concerning their hazards is transmitted regulation* Issued under that Act by th* "Chemical manufacturer" meena an to affected employers ana employeee Environmental Protection Agency; employer m SIC Codes 20 through 39 within the manufacturing aector. This (it) Any food food additive, color with a workplace where chemicaJ(t) ere transmittal of information la to ba additive, drug, or cosmetic, including produced for use or distribution. accomplished by means of materials Intended for use es ingredients "Qemlcal name" means the scientific comprehensive hazard communication in such products (a.g_ flavor* and designation of a chemical In accordanca programs, which are to include fragrances), a* such terms are defined In with the nomenclature system container labeling and other form* of the Federal Food Drug, end Cosmetic developed bv the International Union of warning, material safety date sheets and Act (23 U.S.C. 301 et seq.) end Pure ar.J Atpl'ed Chemistry (IUPAC) or employee framing. regulations issued wider that Act when the C-entcii Abstracts Sendee (CAS) C.ONFTDFNTTAL. DO 003310 f -<3erai Register / Vol No. 223 / Triday, November 23. 1563 / Rules and Regulations 53341 mitt of nomenclature. or s name which involve* potential axposurc to Tester. Z1124-1979 (ASTM D 58-79)) for 'wrll cleariy Identify tha i^uwml for the hazardous chemicals. liquids with s viscosity of less than 45 purpose of conducting a hazard TmpLoyar" means a parson engaged Ssybolt Universal Second* (SUS) at evaluation. in a business within SIC Codes 20 100'F (374'C), that do not contain "Combustible liquid- tnaana any through 39 where chemicals are either suspended solids and do not have liquid having a flashpoint at or above used, or are produced for use or tendency to form e surface film under TOOT (37J*C), but beiow 2D0*F (S3J*C). distribution. test: or except any mixture having components "Explosive" means a chemical that (ii) Pensky-Manens Cosed Tester (set with flashpoints of 200*F (83J*C). or causes s sudden, timost Instantaneous American National Standard Method of highar. tha total volume of which make release of pressure, gas. and heat when Test for Flash Point by Penskv-Marteni up 09 percent or more of tha total subjected to sudden shock, pressure, or Cosed Tester. Zll.7-1979 (ASTM D 93- volume of the mixture. high temperature. 79)) for liquids with viscosity equsl to "Common name" meane any deaignauon or identification auch aa "Exposure" or "exposed" means that or greater than 45 SUS a 100*F (37J*C). an employee Is subjected to a hazardous or that contain suspended solids, or that coda name, code number, trade name, chemical in tha course of employment have a tendency to fora a surface fils brand name or generic name uaed to through eny route of entry (inhalation, under test ot identify e chemical other than by ita ingestion, akin contact or absorption, (Lii) Setaflaah Cosed Tester (see chemical name. etc.), and include* potential (eg., American National Standard Method n; "Compreieed gai" maanr (i) A gaa or mixture of gaaea having, in a container, an abaolute proem exceeding 40 pei et 70*F (2L1*C): or (U) A gaa or mlxtura of gaae* having. In a container, an abaoluta pretaure exceeding 104 pii et 130*F (54.4*q regardleea of the preaaore at 70*7 (2l.l*C): or (iil) A liquid having a roar pressure exceeding 40 pai et lOO'r [j7J*q ea determined by ASTM D-323-72. "Container" meana any beg barrel eccidental or possible) exposure. "Flammable" means a chemical that falls into one of tha following categories: (i) "Aerosol flammahle" means an aerosol that, when tested by the method described in 10 CFR 1500.45. yields s Same projection exceeding 18 inches at full valve opening, or a flashback (a flame extending beck to tha valve) at any degree of valve opening; (11) "Caa. flammable" means: (A) A gas that, at ambient temperature end pressure, forms a Test for Flash Point by Setaflssh Cosed Testar (ASTM D 3278-78)). Organic peroxide*, which undergo autooccalerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. Toreseeabea emergency" means any potential occurrence such u but not limited to, equipment failure, rapture of containers, or failure of consol equipment which could result in an uncontrolled release of a hazardous bottle, box. tan, cylinder, drum, reaction flammable mixture with air at a chemical into the workplace. vessel, etnrege or the like that containei a hazardous chemiexL For concentration of thirteen (13) percent by "Hazard warning" means any words, volume or less: or pictures, symbols, or combination purpoaea of thia section, pipea or piping (B) A gaa that, at ambient temperature thereof appearing on a label or other ryvtama are not considered to be and pressure, forms rungs of appropriate form of warning which coni amen. flammibls mixtures with air wider than convey the hazards of the chemical(a) ic *T)ae1gnaterl representative" meana twelve (12) percent by volume, the container(*)- any Individual or organization to wham regardless of the lower limit "Hazardoua chemical" means any an employee grvea wntten authorization (lii) "liquid, flammable" means any chemical which ia a physical hazard or t to exardse auch amployee'a right* under liquid hiving a flashpoint below ICC*? health hazard. thia section, A recognized or candled (37.8*0. except any mixture having "Health hazard" means a chemical fo: collective bargaining agent ahull be components with Qasbpoints of KXTF which there is statistically significant treated automatically aa a deaignated (37J*Q or higher, the total of which ewdenca based on at least one study representative without regard to wntten make up 99 percent or more of the total conducted in accordance with employee authorization. volume of the mixture. established scientific principles that "Director" means the Director. (lv) "Solid, flammahle" mean* a solid, acute or chronic health effects may National Institute for Occupational other than a blasting agent or explosive occur in exposed employee*. Tha term Safety and Health. U.S. Department of a* defined in 11910.109(e). that ia Uable "health hazard" indudes chemicals Health and Human Services, or to cause fire through friction, abaorpoon which ere carcinogens, toxic or highly designee. of moisture, spontaneous chemical toxic agents, reproducova tonne, "Distributor* means a business, other change, or retained beat from irritants, corrosives, sensitizer*, than a chemical manufacturer or manufacturing or processing, or which bepetotoxins. nephrotoxtus. \ Importer, which supplies hazardous chemicals to other distributors or to can be Ignited readily end when ignited neurotoxins, agents which set on the burns so rigorously and persistently as hematopoietic system, and agent* whiel manufacturing purchaser*. to ousts a serious hazard. A chemical damage the lungs, skin, eyes, or mucous "Employee* a worker shall be considered to be a flammable membranes. Appendix A provides employed by aa employer in a solid if. when tested by the method further definitions and explanations of workplace in SIC Codes 30 through 39 described in 18 CFR 1500.44. It Ignites the scope of health hazards covered by who may be exposed to hazardous and burnt with a self-sustained flame at this section, and Appendix B dseenbes chemicals under normal operating a rate greater then one-tenth of an inch the Cretans to be used to determine conditions or foreseeable emergencies. - per second along Its major axis. whether or not a chemical is to be Including, but not limited to production considered hazardous for purposes of workonJtao supervisor*, and repair or temperature at which a Squid greet off a this standard. personnel. Office workers, vapor ia sufficient concentration to "Identity" any chemical or grounds meiatanaaca personnel, ignite when tested ae follow* common which is indicated on th security personnel or nan-reeideat (1) Tagiiabue Closed Taster (See material safety data sheet (MSDS) for management are generally not Included, American National Standard Method of the chemical. The identity used shall unless their yob performance routinely Test for Flash Point by Tag Closed permit eroes-refereoces to be made CONF T DFNT T Al.. 00 003311 S3342 Federal Reiter / Vol. 48. No. 28 / Friday. November 2i 1983 / Rulea and Regulation* among th* required lift of bazardoua precise chemical designation of the (ii) Threshold Limn Vaiuet for -henucal*. the label and the MSDS. substance. Chemical Substance! and Physical "Immediate usa" mean* that the 'Trade secret" means any Agents in the Work Environment. .azardous chemical will be usd** 'he confidential formula, pattern, process, American Conference of Governmental control of and used only by the pereon device, information or compilation of Industrial Hygienists (ACGIH) (latest who transfer* It from a labeled information (including chemical name or edition). container end onlv within the work shift other unique chemical identifier) that is The chemical manufacturer, importer, or in which It is transierrea used in an employer's business, and that employer if still responsible for `Importer" means the first business gives the employer an opportunity to evaluating the hazards associated with with employee* within the Custom* obtain an advantage c --ppetitor* the chemicals in these source lists in Territory of the United States which who do not know cr . accordance with the requirements of the receives hazardous chemicals produced m other countries for the ourpose of --flying them to distnbutor* or manufacturing purcntxis wi*Mn the United States. "Label" means any written. printed, or graphic material displayed on or affixed to containers of hazardous chemicals. 'Msnuficrunr.i purchaser" means an employer wur i workplace classified in SIC Codes 2D tazcugh 39 who purchases s hazardous chemical for use within that workplace. "Material aafety data sheet (MSDS)" means written or printed mstenai concerning a hazardous chemical which is prepared in accorcance with paragraph (gl of this section. "Mixture" means any combination of ,v>- or mote chemicals if the combination is not in whole or in part, the result of e chemical reaction. "Unstable (rescu e ~cxzt chemical *- .h in me pure staie. cr aa produceu ur transported, will vigorously polymerize, decompose, condense, or will become self-reactive under condition* of abocks pressure or temperature. "On" means to package, handle, react or transfer. "Water-reactive" means a chemical that reacts wuh water to release a gat that is eitherjaammablc or presents a health hazard. "Work area" - ms a room or defined -ace in a workr acs where hazardous .,-iemicals are p zed or used, and where employees _~e present "Workplace" an establishment et one geographical location containing one or more work areas. (d) Hazard determination. (1) Chemical manufacturer* and importer* shall evaluate chemicals produced in standard. (4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following source* as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (i) National Toxicology Program (NTP). Annual Report on Carcinogens (latest edition); (u) International Agency for Research on Cancer (1ARC) Monographs (latest editions); or (lit) 29 CFR Pari 19ia Subpart Z. Toxic and Hazardous Substances. Occupational Safety and Health Administration, Nota--The Registry of Toxic Effects of Chemical Substances published by the National IneOlut* for Ocespsooaai Safety end Health indicates whether * chemical has been found by NTP or 1ARC to be t potential "Organic peroxide" means an organic their workplaces or imported by them to caranogua impound that contains the bivalent -O0`strueture and which may be considered to be a structural derivative ' hydrooer perexine where ant or both oi the hydrogen atom; has been replaced by an organic radical. "Oxidizer" mear.s a chemical other than a blasting agent or explosive aa defined in I lSlO.lCJ'r), that initiates or '"ntes combustion in other materials, determine if they are hazardous. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical to satisfy this requirement (2) Chemical manufacturers, importers or employed evaluating chemicals shall identify and consider tht available sc edenee concerning such (9) The chemical manufacturer, importer or employer shall datarmine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tasted ts whole to determine its hazards, the results of euch tatting shall be used to determine whether the mixture is hazardous; thereby ceasing Crr *;,her of itself or hi i ith hazards, evidence (II) If a mixture has not been tested as through the release of oxygen oi ether w' j sucsocaily significant and a whole to determine whether the gases. whiop is based on at least one positive mixture is a health hazard, th* mixture "Physical hazard" means a chemical study conducted in accordance with shall be assumed to present the same for which there is sdennfically valid established sdentiSc principles is health hazards a* do the components evidence that it is a combustible liquid, considered to be sufficient to establish a which comprise one percent (by weight a compressed gas. explosive, flammable. hazardous effect if the results of the or volume) or greater of the mixture, oreanic peroxide, an oxidizer, study meet the definitions of health except that the mixture shall be ,,/rophanc. unstable (reactive) or water* hazard* In this section. Appendix A assumed to present s carcinogenic reactive. shall be consulted for the scope of hazard if it contains a component la "Produce" means to manufacture, health hazards covered and Appendix B concentrations of 0.1 percent or greater process, formulate, or repackage. hall be consulted for the often* to be which is considered to be a carcinogen "TV^fhorie" means a chemical that followed with respect to the under paragraph (d)(4) of this section; will ignite spontaneously in air at z completeness of the evaluation, and the (til) If a mixture has not been tested es temperature of 130* F (54.4* C) or below. data to be reported "Responsible party" means someone (3) The chemical manufacturer. e whole to determine whether the mixture is e physics] hazard, the who can provide additional information Importer or employer evaluating chemical manufacturer, importer, at on the hazardous chemical and chemical* shall treat the following employer may use whatever appropriate emergency procedures, if sources as establishing that the dentifically valid data is available to necessary. chemicals listed in them are hazardous: evaluate the physical hazard potential "Specific chemical identity" means (i) 20 CFR Part 1010, Sobpart Z. Toxic of the mixture and h chemical name. Chemical Abstracts end Hazardous Substance*. (iv) If th* employer ha* evidence to Service (CAS) Registry Number, or any Occupational Safety and Health indicate that a component present la the other informs Cion that reveals the Administration (OSHAb or. mixture In concentrations of less than CONFIDENTIAL DO 003312 t i t t * ft; * Federal JLegiztar / VoL 44. No. Z23 / Friday. November 23. 1S33 / Rules and Regulation* 53343 on percent (or tn the caM of cootsinw of hazardous chemicals employees who ipesk other languages carmnogen*. lost than 0.1 percent) rmdrf leaving the workplace Is labeled, tagged may add the information in their b released in Concacpattern* which or >*< with the following language to the material presented, aa would exceed an eetabllsbed OSHA m/ormaborn long as the information is presented in permissible exposure limit or ACCIH . (i) Identity of the hazardous English si well. Threehold Limit Valua. or could present chemieal(s); (9) The chemical manufacturer. a health hazard to amployoa* tn thoM (11) Appropriate hazard warnings: and Importer, distributor or employer need concentration*. the mixture thall bo (iii) Nams and addret* of the chemical not affix new labels to comply with this * trusted to present the tame hazard. (0) Chemical manufacturer*. importer*, or employer* evaluating chemical* thall describe in writing the procedure* they use to determine the hazard* of the chemical they evaluate. The written procedure* are to be made available, upon request, to employeea. their designated representative*, the Assistant Secretary and the Director. The written description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Wntien hazard communication program. (1) Employers shall develop end implement a written hazard communication program for their workpiece* which at least describe* How the enterie speofied in paragraph* (!"). tg), and (h) of this section for labels and other forms of warning material safety data sheets, and employee information and training will be met and which also Include* the following [1] A list of th* hazardous chemicals known to be present using an identity that 1* referenced on the appropriate materiai safety data sheet (the list may be compiled for the workplace as a whole or far Individual work areas); (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards assoasted with chemical* contained In unlabeled pipe* tn their work areas; and. (iii) Tbs methods the employe will use to inform any contractor employers with employee* working in the employer's workplaca of th* hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures. (2) The employe may rely on an existing hazard communication program to comply with the** requirements, provided that it meet* the criteria established In this paragraph (*). (3) The employe shall make the manufacturer, importer, or other responsible party. (2) Chemical manufacturer*, importers, or distributors (hail ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance math this section in s manner which does not conflict with the requirements of th* Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulation* issued under that Am by tha Department of Transportation. - (3) If the hazardous chemical is regulated by OSHA in a substancespecific health standard, tha chemical manufacturer, importer, distributor or employer shall ensure that tbs label* or other forms of warning used are in accordance with the requirements of that standard. (4) Except aa provided tn paragraph* (f)(5) and (0(5) the employer shall ensure that each container of hazardous chemicals in th* workplaca is labeled, tagged, or marked with the following information: (i) Identity of the hazardous chemical(a) contained therein; and (ii) Appropriate hazard warnings. (5) The employer may ute sign*, placards, process sheets, batch tickets, operating procedures, or other such written meteriels In lieu of effacing labels to individual stationary process container*, as long ts tha alternative method Identifies tha container* to which it la applicable and conveys the information required by paragraph (f)(4) of this section to be on label. The written mstensis shall be readily accessible to the employees in their work area throughout eedi work shift. (8) The employer ts not required to label portable containers Into which hazardous chemicals are transferred from labeled containers, end which ere intended only for tha immediate use of the employee who performs the transfer. (?) The employer shell not remove or deface existing labels on incoming section if existing labels already convey the required information. (g) MotanaI tofety data sheets (1} Chennca: manufacturers and inoonen shall obtain or deveiop * motenai safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet for each hazardous chemical which they use. (2) Each material safety data sheet shall be in English and shall contain at least the following mfonnanott. (i) The identity used on tha label, and except as provided for in paragraph (f) of this section on trade secrets: (A) If th* hazardous chemical is a single substance, its chemical tod common name(s): (B) If the hazardous chemical is s mixture which has been tested ts a whole to determine its hazards, tha chemical and common namefs) of the Ingredients which contribute to these known hazards, and the common namefsl of the mixture itself: or. (C) if th* hazardous chemical is a mixture which hat not been tested as a whole; (/] The chemical and common namefs) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of tha composition, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concentre boot are 03% or greater: and. (2) The chemical and common namt(i) of all ingredient* which have been determined to present a physical hazard when present in the mixture: (U) Physical and chemical characteristic* of tb* hazardous chemical (such as vapor pressure, flash point); (iii) The physical hazards of the hazardous chemicaL including tha potential for fire, explosion, and reactivity: (iv) Tb* haalth hazards of the written hazard communication program containers of hazardous chemical*, available, upon request, to employees, unless tha container is Immediately hazardous chemical, including signs and symptoms of exposure, and any medical their designated representstivea, the marked with the required Information. conditions which are generally Assistant Secretary and the Director. In (8) The employer shall ensure that recognized a* being sggravtted by accordance with the requirements of 29 label*.or other forms of warning are CFR lsitutte). legible, in English, end prominently exposure to th* chemical* (v) The pnmary route(s) of entry. (H Lcbah end other forme of warning. displayed oa tha container, or readily (vi) The OSHA permissible exposure (1) The chemical manufacturer, importer, available tn toe work area throughout limit. ACCIH Threshold Limit Vslue. or distributor thall ensure that each each work shift. Employers having and any other exposure limit used or confidential DO 003313 03*4 federal Rflrtw / Vol Aft, No. 228 / Friday, November 23. 13A3 / KuUs _andR*tuljtiot *~~nmi--ltd by tha -a--.*--1 . aaoafaciuree. tnpreSar. or wnpbyer Infonnaaoo abail bo added to tho material aaiaty data rheot wtthte tbrna (1) laformaOen. Employees sbaQ be informed of: Preperiag the metarial safety data sheet, where available (vii] Whether ih* haxardoui chemical is listed m tha N*tWii Toauco^ ^ b"^am (NTT) Aanuai Rtpart on Camnoifv (latest edition) or baa bees found to a* ootasbal eucsoin in tbe Internationa. * aeoc> lot Research oa Cancar (IAftCl Monographs (laleet edition* V or by OSHA; (viii) Any generally applicable precautions tor **f* Laadlins and "a* wgich art known to tha manufacturer. bnportar or employer preparing the material safety data sheet, including appropriate hygienic practice*. pr-jJtwV.'.i maaeure* during re: maintenance at contaminated id equipment, and procedure* lor clean-up of spills and laabs; (lx) Any generally applicable control measure* which an known to tbs chemical manufacturer, importer or employer preparing tha matertai aafe*7 data sheet, rnc aa apprspuata . -smearing c^.itrola. work practices. or personal protecdee equipment (xj emergency and first aid proceduiee. (xi) Tbs date of prepera t)on of the matertai safety data abeet or tha last change to tt and. (xii) The Dana address and-talepbooe number of tba chemical manufacturer, importer, employer or other responsible party pTapartng r' distributing the material safety data abeet. who can provide additional Uaba aiattow on tbe hazardous ehemir>1 and appropriate emergency procedure. tfnacareai j. (3) If no raWrant tnfoB&atiaa a found far any pees ceteotry oo the malarial aaiaty data tba 1 tba domical manuiecnarac. importer or aiaytuyas preparing ha mater. ' alary dam ihoet shall mark ittoindicate that no applieabW kihjematioa m found. (4) Wbma amapin nnam law month*, if tba dwmkal W not oaroody (1) Tba requirements ef this aecdoni being prodneed or Imported tba (ii) Any eperafiena in theta work area chemical manufacmr* * Import* abail where hazardous chemicals are present add tba mformatJcn to tbe material and aaiaty data tboet before tbe chemical is (Id) Tba Weedoe and aewleWtity ef introduced into tha workplace agaia. tha written bezard comaunicatios (fl) Chemical manufacturer* or program. Indedtng tbe required hst(i) of importers shall anaurt that orerribetors hazardous chemicals, and matertai and manufacturing purchasers of safety data sheets required by this hazardous chemicals are provided an section. appreciate matertai aafety data aheet [2) Training. Employee trebling shall with tbeb bdtlal shipment and with the include at least; first shipment aft* a matertai aafety (i) Methods and observation* that data aheet is updated. The ^amical may be used to detect the presence or manafaemr* * importer shall either release of hazardous chemical in tbe provide mewral safety data aboeta with work ares (sod as monitoring the shipped containers or send them to conducted by the employ*, esotbruou* tbe manufacturing purchaser prior to er monitoring device*, visual appearance at tba time of the shipment If tba or odor of hazardous chemicals when material aafety data sheet Is not being ruWaaed etc); provided with Aa shipment tbe (11) The physical and health hazards of maoufacmrmj; --urehsa* " all obtain the chemicals to the work arear one from die chemical maeufactwer. (Hi) The maaaores employees can take import*, or distributor as soon as to protect themselves from these possible. hazards. Including specific procedures (7) Distributor* shall ensure that tbe employ* has impIcmacted to material aafety data sheets, and updated protect employees frem exposure to Information, are provided to other dietribeIts-* smt wnwifneiftiig hazardous ^lamicalu, such as appropriate work practice*, emergency purchasers of hazardous chemicals. procedures, and personal protective * - * ?yv iKiA AiisUlft equipmaal to tha used; and. . _* required malarial aaiaty (ivj Tba detail* of the hazard ..* .* anaeia for each hazardous cherniral communication program developed by in tbe workplace, and shall anaurs tbat the ampinyap- tnelmilng as wflimtian they are readily arrastibia during each of the system aod tha mlaris' work shift to employees whan they am safety date sheet and bow employee* in their stack areafs). can obtain aod use tbe appropriate (9) Material safety data sheets any be hazard informsdou. kept in any farm. Inrlwilng operadog (1) Trad* secrets. (1) Tbe chemical procedures, and may be daaigpmd to ' cover groepe of ^aardoue chanucnia to a svoth area where it may fastens* at>~---ate to a ridrear tbe boxarda ef a pn. .*tb* than jadhridnel aanufarnuar, hcqaat* or employ* may withhold lb* cb--identity, indudmg-the rhemiral uame end otbar sperifle Identification of a beiwrimis r'-iirural from the material aafety data hazardoaa rhamirsla lloenena. tbe aheet. provided that: employ* shall ensure that to all caaea (1) The claim that tbs rnfarmedoa tbe required In farmsfirm is provided f*, withheld Is a trede secret can be aimilar hwdl tLl each baaardoua rhernirel mad is readily supports^ chemical ingredient* are raaanoa uy tbe him, but tbe specific eompoaMoa varie# bum m. uara to mixrasb the chemical manufacturer, import* or employer may prepare one material aafety data about to apply to ah of tbeee accaaatbla during eeck svock shift ke employee* srban they are in their work aa(b (10] Wstarial aaiety data sheets shall else be marie mrUly avuilehle. apon and to the Assistant Secretary, te (d) Infocmetka contained in tbe material aafety data abeet oureiwntwg tba properties and effect* ef the hsTirrloee chemical b illwliwwt (kb) TW mafcwial uafety date ebeet Indie*tee that tbe specific Chemical Identity is befog withheld as s Rads (3) The rhemiral manufactures, import* or ample?* prepartag tbe material aefety data the* afcaa moor* that the la term fine recorded acmstoty accordance sritk tbe reqmuenmnta of 3> C3Tt 1910 ynfe). Tbe Director abaH aleo W^to aceeea te msterisl anWty data secret and. (It) Tba sperifc cbambstl identity is made avsdafaie te beeitb seufoeeiensli, iosLC*dsrioewttblfaeuppjbceble reflects tha edemtlfio svkl--ca need in dm board det*rmdnatk& U tha training- f eph ij eri afaeM pwtskln WWesOeetengp^terien * chemical manufact**. impart* * employer b er. noire newly awera of any "tr-*-*"* toi**atto* mparding tba on haz*rinm rtmairsis in tfaair wed area si tbe Oma of tbetr ftrtttai esargency md*** *d the swriflo.:. rhemiral idanttty of a bauaedoos hazards of a chare krai, * wry* to pioui* agate* tba bai*da. this new asei^meen end when** a new bemud la introduced tarn thub work men. first-aid ti e* tweet tbe chew*cal c confidential do 003314 4 / VoL 48. Na 2=3 / Friday, November ZS. 1383 / Rule* and fUculaticns 53343 manufecturw. n*porter. or employer tha confidentiality of tha disclosed (.0(8) of this section. OSHA shall shell imwwdletaly dtsclnee the specific inform* consider the evidence to determine ih cheaicaLidantity of a trade --gat (v) Tha health prof*--tnr--1 and tha (i) Tbs chemical manufacturer, chemical la that trusting physician or employer or mutraacr of tha health importer, or employer has supported the nurs^ regerdles* of tha existence of a professional's services (La. downstream claim that the spedfle chemical identity written statement at Mad or a employer, labor orptatcation. or is * trade secret: confidentiality agreement. The individual tmpinyei). agroa m a wnttes (ii) The health professional ha* manufacturer, importer, at employer ccnfidenulity agreemai that the health supported the claim that there is a may require a written statement ot need professional will not ose tha trade aeo-et medical or occupational health need for and confidentiality agreement, is Information for any put pose other than the information and. accordance with tba provisions of the health need(e) asserted end egree (in) The health prateaaiocai has paragraph* (i) (3] and (4) ot thi* section, not to releeae the information wider any demonstrated adequate meant to at toon a* circumstances permit. circumstances other then to OSHA. et protect the confidentiality. (3) In non-emergency situations, a provided in paragraph (i)(B) of this (10) (i) If OSHA determine* that the chemical manufacturer, importer. tr section, except ea authorized by the specific chemical identity requested employer ahaU. upon reqneat diadoaa a terms of the agreement or by the under paragraph (iX3) of this section is specific chemical identity, otberwiea chemical manufacture, importer, or not a bona fide trade secret, or that it it permitted to be withheld under paragraph (i)(l) of this section. to a health profeaaional (La. physxian. employer. (4) The confidentiality agreement autbonzed by paragraph (iX3)(iv) of thia trade secret but the requesting health professional has a legitimate medical or occupational health need for the industrial hygienist. toxicologist. or epidemiologist) providing medical or section: (i) May restrict the use of the information, ha* executed a written confidentiality agreement, and has other occupational health services to exposed tmployaaf*) it information to the health purposes indicated in the written statement of shown adequate mean* to protect tha confidentiality of the informs turn, the (i) tha request i* is writing (ill Tha request describe* with reasonable detail aoa or man of the following occupational health need* for tha information: (A) To asaaaa tha hazards of tba chemicals to which employee* will bo exposed: (B) To conduct or aaaaaa mwpiieg of tba workplace atmoepbcre to determine employee exposure levels; (Cl To conduct fi i smuminiil or periodic medical sunrdlanoi of exposed employee*; (DJ To provide medical treatment to exposed employees: () To select or stsess appropriate peroooal protective equipment for exposed employee* (FI To design or assess sogmeertng controls or other protective measures for exposed employees; sod. (C) To conduct itudin to detesnise the health effect* of exposure. (ill) The request explains in detail need: (ii) May provide far appropriate legal remedies in tha evoit of a broach of the agreement, including stipulation at a reasonable pro-estunata ot likely damage* and. [ill] May not include requirements for tha potting of a penalty bond. (5) Nothing in thia standard is meant to preclude tha parties from pursuing non-contractual remedies to the extent permitted by law. (8)If lbs health professional receiving the trade secret Information deodes that there is e need to disclose it to OSHA. th chemical manufacturer, importer, or employs who provided tha information shall be informed by tha health professional prior to, or at tha same time a*, such disclosure. (7} If *h chemical importer, or employer denies a written request for disclosure of a specific chemical identity, tha denial mure (1) Be provided to tha health professional within thirty days of the chemical manufacturer, importer, or employer will he subject to citation by OSHA. (ti) If a chemical manufacturer. Importer, or employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized, disclosure of e trad* semet specific chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health service* are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If. following the issuance of a dtafloo and any protective orders tbe chemical manufacturer, importer, or employer continues to withhold the Inform*non. the mstteT is referrabie to why the disclosure of the specific chemical identity is esseitial and that in lieu thereof, the disclosure of tha request: (ii) Be inventing (ill) Include evidence to support the the Occupational Safety and Health Review Commission for enforcement of the citation. In accordance with following information would not enable claim that tha specific chemical identity Commieaion rule* the Administrative tha health professional to provide tha occupational health services described la a trade secret (lv) State tha specific reasons why tha Law judge may review, the elation and supporting documentation in camera or in peramuph (ii) of this section: (A) The properties and effects of the request is being denied: and. (v) Explain in detail how alternative issue appropriate protective orders. (12) Notwithstanding the sxiatonc* of chemical: information may satisfy tha specific a trade secret claim, a chemical (B) Measures for controlling workers' medical or occupational health need manufacturer, importer, or esnpioyar exposure to the chsmicah without revealing tha specific chemical shalL upon request disclose to the (C) Methods of monitoring and analyzing worker exposure to tha identity. () T^w health professional whose Assistant Secretary any information which this section requires tha chemical request for information is dmied under manufacturer, importer, or employer to (D) Methods of diagnosing and ^ treating harmful exposures to tha chemical: (lv) Tha request include* a deea-iption of tha procedures to be used to maintain paragraph ((K3) ot this section may refer tha reqtreat and lha amtan denial of the request to OSHA for rmsKigrenoa. (9) When a health prof--local rein* tha denial to OSHA under paragraph make available. Where there la a trade iacit daim. such claim shall be made m later it<s at the time the information is provided to the Assistant Secretary * that suitable determination* of trode CONFIDENTIAL DO 003315 S2Z4A Federal Register / VoL 48. No. 2ZS / Friday, November 25. 1363 / Rules and Regulations irati status caa be mad* and the various ways. Generally, tha tanas Part 173. It destroys or changes ecesaery protections am be "scuts' and 'chronic' era used to irreversibly the structure of the tissue st nplemented. delineate between affects on tha beau the sits of contact following an exposure (13) Nothing la this paragraph shall he of severity or duration. "Acute' effects period of four hours. ThJ# term shall not construed as requiring tha disclosure usually occur rapidly as a result of refer to setion on tnammsts surfaces. under any mrcumstancee of procsss or short-term exposures, and are of short 1 Highly toxic; A chemical falling roentag* of mixMr* information which duration. "Chronic" affects generally within any of ths following categories: .i iraas .* ---- ts result cf 'eng-term exposure. (a) A chemical that has a median (j) Effective dam Em*>l?yts shall be and are oi..--. . icoa. lethal dose (LDh) of 50 milligrams or in compliance with this section-wiuun The scuts effects referred to most less per Kilogram of body weight when the following time periods: frequently are those defined by tha'' administered orally to albtlto rati*** (1) Chemical manufacturer* and American National Standards Institute weighing between 200 and 300 grams importer* J label contamers of (ANSI) standard for Precautionary each. haxar- _ _ smlcals leaving their Labeling of Hazardous Industrial (b) A chemical that has a median worxplacn -d provide material safety Chemicals (2129.1-1982}--irritation. lethal dose (LDw) of 200 milligrams or data sheets n initial shipments by - -sivity, sensitization and tethal less per kilogram of body weight when November 25.1965. (2) Distributor* shall be ir wtp Although these are important hea. Ji affects, they do not adeauatelv administered by continuous contact for 24 `"i.-s (or >* if death occura within with all provisions a* i^us secuon cover l.c ......dtreote range ot acute Zs .. wt r _-.i bare skin of slbino applicable to them by November 2i_ '985. effects which may occur as a result of occupational exposure, such as. for rabbits weighing between two and three kilograms aach. (3) Employers shall be in compliance exam* -*s*s. (c) A chemical that has a median with all proviaior * `his section by Sim. jrm chronic effect Is lethal concentration (LCm) in air of 200 Msy 25,1986. Inducing initial traming r -- usee m sever only carcinogenicity, pans per million by volume or less of for all current employees. terstogenicty. and mutagenicty. These ges or vapor, or 2 milligrams per liter or Appendix A to 11910,1200--Health Hazard Definitions (Mandatory) Although safety hazards related to the physical character*;;;* jt a cnei. ran hr ohjctavely defined In term testing requirements (eg. fUmmatin.., health hazard definitions era leu premae and more subjective Health hazards may causa measurable changes in the body--such as decreased pulmonary function. These changes era generally indicated by the occurrence of gns and symptoms in ths exposed -ployers--suci as shortness of bretih. noo-msasursble, subjective faelir.r Employees exposed to such r.sc -- , must be apprised of both the cnange u bcdv function and the stgr -.d symptoms that may occur ignai thst ehang*. The detarminatioc c: national health hazards is co=p,,^.ed by the effects are obvious > concern in the workplace, but again. do not adequately cover the area of chronic effects, excluding, for example, blood 'fvscraslat (such as anemia), chronic * --nd liver atrophy. , ,. -- ci defining precisely, in measurable terms, every possible health effect that may occur in the workplace as s result of chemical exposures cannot realistically be accomplished. This does not negate tha need for employees to be Informed of such effects and protected from them. --------- ' - --.ch is also mandatory. .`.--pies and procedures of <.*smeni .- or purpose* of this section, any chemicals which meet any of tha following definitions, at determined by the criteria set forth In Appendix B are health hazards: 1. Carcinogen; A chemical Is lets cf mist. fuma. or dust, when dminittered by continuous inhalation for ona hour (or lest if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 4. Irritant; A chemical, which is not corrosive, but which causes a reversible Inflammatory affect on living tiaaua by chemical action at the site of contact A chemical is a akin irritant If, when tested on the Intact skin of albino rabbits by the methods of 26 CFR 1500.41 for four hours exposure or by other appropriste techniques. It results in an ampincat score of five or more. A chemical is an eye irritent If so determined under the procedure listed in 10 CFR 1500.42 or other appropriate techniquea. 5. Sensiuien A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reacuon in normal tissue after repeated fact that many of the effects or signs and conaiderad to be a eardnogen tfc symptoms occur commonly in non* (a) It has been evaluated by the exposure to tha chemical. 8. Toxic. A chemical falling within any occupationally exposed populations, so International Agency for Research on of the following categonei: that efleets of exposure ere difficult to Cancer (1ARCV and found to be a (a) A chemical that ha* a median separata from normally occurring carcinogen or potential carmnogem or lathal dose (LDw) of more than 50 illnesses. Occasionally, a substance (b) It is listed as a carcinogen or milligrams par kilogram but not more causes an effect that tt rarely seer :c j.i potential eardnogen in the Annua] than 500 milligrams per kilogram of population at large, such as Report on Carcinogens published by the body weight when administered orally angiosarcomas caused by vinyl chloride National Totdcology Program (NTP) to albino rats weighing between 200 and e.'. jsura. thus making it easier to (Latest edition): or, 300 grams each. ascertain that tha occupational exposure (c) It 1* regulated by OSHA as a (b) A chemical thst has a median was tha primary causanva factor. More eardnogen. lethal dose (LDw) of more than 200 often, however, the effects era common, 2. Comeirv A chemical that causes milligrams per kilogram but not mors such as hmg cancer. The situation Is visible destruction oil or irreversible than 1.000 milligrams per kilogram of further complicated by the fact that alterations in. living tissue by chemical body weight when administered by most chemicals have not been action ai the site of content. For continuous contact for 24 hours (or leas adequately tested to determine their example, e chemical is considered to be If death occurs within 24 hours) with tha health hazard potential and data do not corrosive li when tested on the Intent emit to substantiate these effects. skin of albino rabbits by tha method hare skin of albino rabbits weighing between two and three kilograms aach. Thera have been meny attempt* to desetbed by ths U.S. Department of (c) A chemical that has a median categonze effects and to define them in Transportation In Appendix A to 49 CFR lethal concentration (LC m) In air of V confidential DO 003316 Fw**J *wp* / VoL i& So. SS / Friday. Nc :,, &. 1963 / Rulea and Regulation* <n^-? aora than S30 pra pat million but not k e target or gee cstegoraxcc? -r effect* chemical manufacturer, importer, or aora than .000 part* per million by which may occur, wriutflng example* of employer may also report the result* of vchaae of gat or vapor, or more than tgne and rympton* and chemicals other scientifically valid studies which k. two mifligrania per liter but not more thao 20 milligram* pat liter of miat. Anna, or dual when administered by continuous inhalation for ana hour (or which havr been found to cauee such effects. These axsmple* are presented to lilustrste the renge and diversity of effects and hazards found in the tend to refute the findings of hazard. Appendix C to } 1*00.1200 Information Sources lAdviaory) les* if death occur* within ooa hour) to albino rata weighing between 200 end 300 pems each. 7. Target organ ejects. The following workplace, and the broad scope employers must consider in this area, but are not intended to be all-inclusive. The following is a list of available data sources wkidt the chemical manufacturer, importer, or employer may wise to consult to evaluate the hazards of chemicals they produce or import: -- Any information m theu own company file* such ss ternary truing result* or lilncas . experience of company employs**. -- Any information obtained from the lupplier of the chemical such ss material safety data sheets or product safety bulletin*. -- Any penintnuniaroiatioo obtained iron the following source Uat (la last aektuns should be used)-. Concerted Chemical Diatenaty Von Nmmm Beinwuo Co. 139 Weal Wtk Street New York. NY 100 The Merc* Index: An Encycfapeiiiu o? Chemical? and Drug? Merck and Company. Inc. 129 E. Lincoln Avenoe. Rshwey. N) 070BS IARC Monograph? on the EvcJueLiae of the Carcinogenic Risk of Chemical? to Man Geneva.' World Health Orgsnsation. interne uonal Agency for Research on Cancer. 1971-1977. (Mufovolume work). 49 Sheridan Street Albany. New York Appendix B to 8 lSBti.1280--Hazard 1. Carcinogenicity: A* described in induetrial Hygiene and Taxiatiogy. ty F. A- P1 ft 'if. Dekwmmwrmc (Uanrialory) The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement paragraph (d)(4) and Appendix A of this section. * determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this Potty John Wiley 9 Sent lnc_ New York. NY (Five voiutnetl Clinical Toxicology of Commercial Producta Gleason. Goaaeiin and Hodge Caxcrett and Doull't Toxicology: The Bone Science of Poieo*? Oouil. KJaaeaen. and Amour. Macmillan ' * of thia itandard >* performance- section. Publishing Co- Inc- New York. NY f oriented. Chemical manufacturer*, 2. Human data: Where available, indueinal Toxicology, by Alice Hamilton ana & I importers, and employers evaluating chemicals are not required to follow any speofie methods for determining epidemiological studies and case reports of adverse health effects shall be considered in the evaluation. Harriet L Hardy Publishing Science* Group, Inc. Acton. MA Toxicology of the Eye. by W. Morton Grant Charles C Thomas. 301-127 East Lawrence hazards, but they must be able to 3. Animal date: Human aeidenca of Avenue. Springfield. 1L demonstrate that they have adequately health effects in exposed populations is Recognition of Health Hoard? in lnouelry ascertained the hazards of the chemicals generally not available tor the majority Wilbur A Burgess, john Wiley end Son*. produced or imported in accordance of chemicals produced or used in the 005 Third Avenue. New York. NY 1019* with the cntana set forth in thia Appendix. Hazard evaluation is a process which workplace. Therefore, the available results of toxicological testing in animal papulation* shall be used to predict the Chemical Hasard? of the Workplace Nick H. Proctor and lame* P. Hughee. J. P. Lipinoott Company, Winchester Terrsce. New York. NY 10022 relies haevily on the professional health effects that may be experienced --Handbook of Chenuetry and Phytic? judgment of the evaluator, particularly by exposed workers. In particular, the Chemical Rubber Company. 18901 in the area of chronic hazards. The definitions of certain acuta hazards refer Cranwood Parkway. Cleveland. OH performance-orientation of the hazard determination does diminish tha duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data to specific animal testing results (see Appendix A). 4 Adequacy and reporting of data: Tha result* of any atudiea which are designed and conducted according to 4*12* Threshold limit Values for Chemical Substance? end Physical Agents in the Workroom Environment with Jntenaed Changee American Conference at Governmental and producing a eaentificaUy defensible established soenttfic principles, and Industnel Hypemita. 9300 G)enwe7 evaluation. For purpose* of this which report statistically significant - 1-nnee. m*g DJ. Cncnsati. OH *931* standard, the following criteria shall he used in making hazard determinations that meet the requirements of thia standard. conclusion* regarding tha health effects of a chemical, shall ha a vuffideot basis for a hazard determination and reported on airy materiel aafW' date sheet. The No**--The following document* are on eel* by th* Soperuinmdeni of Document*. U S. Government Printing Office. Washington. D C. 20402. I At 00331' DO 53348 Fdfl f Vol jft. No. 22* /.Friday. November 23. 19*3 / RuJ and RegtUatfoaa OccapeiwoJ Wealth CutduGnm MOSH/OSHA (NIOSH Pub No. NIOSH/OSHA Rocker Cuido ic Otamicol HttaardM OSH Pub. No. 76-210 tny of Tom*e Effoett of Chtmiaal UJL Dep--tmao ' ualth and Human Sarvteaa. Public Hee. Zt-vea. Cemar for DU--ae Control. Nimui far Occupational Safety and Health (NIOSH Pub. No. 00-102) TSm (r^-janol Eanronmaru--It* Erahiouon <U>d Cerent UA Daparraant of Health and Human Servte--. Pubbe Health Service. Caatar far DU-- -- Control. National laatitutr for * Occupational Safety -- H.aith (NIC '' PiA. Ne * \ZV, MticoUanoout Docuoierio--Netiona. Inetltuu for Occupational Safety anw..t>h 1. Criteria for a . xcommeodad itaAdara * * * Occupational Expoaur* to "----- * Z. Special Hazara Review* 1 Occupational Hazard Aea--emeat 4. Currant Intelligence Buileooe libbourupbk Data 8*-iia ,*r rromdor and Fit* Name sibUognptoc Retrieval Service* (BR5L Corporation Pari. Bldg. 70L Scotia. New York IOCB ACR1COLA BIOSIS PREVIEWS CA CONDENSATES CA SEARCH DRUC INFORMATION MEDLARS MEDOC NTS pollution abstracts SCIENCE CITATION INDEX SS1E Lockhead -DIALOG. Lockheed Mleeilat 6 Space Company. Inc. P.Q. Box 4*401. San Ptandaco. CA M144 ACRICOLA BIOSLS PREV. 1772-PRESENT BIOSIS PREV. 1BW-71 CA CONDENSATES 1770-71 CA SEARCH 1772-7# CA SEARCH 1777-PRESENT CHEMNAME CONFERENCE PAPERS INDEX FOOD SCIENCE TECH AbSTR. FOODS ADUBRA INTL PHARMACEUTICAL ABSTR. pl jjnoN abstracts SC- 'EARCH 1776-PRESENT ` iARCH 1*74-77 CUiaUEKr RESEARCH SDC--ORBIT. SDC Search Service. Depertnvetjl No. ZZ3a Peeadena, CA 71061 ACRICOLA SOCODES Biosis/Bioesn CASam/CASrsn CAS77 CHEMDEX CONFERENCE ENVEROUNE LABORDOC NTTS POLLUTION SSEE Qiamlcal Information Syiteo (CIS), Chemical Informatioo Syattmi Inc- 7ns York* RoadL Baltimore, MO 21212 Structure 6 Noeieciarur* Search Syitem Acuta Tomerty fRTECS) Clinical Toxicology of Commercial Product* Oil and Hazardoua Matanali Technical Aaaiatance Data Syeiam National Library of Medicine. Department of Health and Human Service*. Public Health Serrtea. National lnentutee of Health. Betheeda. MD SOT Toxicology Data Bank (TDB) MORIN TOXUNE CANCHUJT KTECS in a-- a-amr ru n-m-tt ** *H HUM COOK 4IW>0MS CONFIDENTIAL DO 003318