Document V6bxvnKVjdMqqKK2VqLKY6ej

6170 Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations except thoee (ufaetaocee which have exposure Order Noe. 12-71 (36 FR 8754), 6-76 (41 FR limits listed in Tables Z-l, Z--2 and Z-3 of 25059), 9-83 (46 FR 35736), Or 1-90 (55 FR 28 CFR 1910.1000. The latter were issued. 9033), as applicable. undersection 6(a) (29 U.S.G 655(t))l Section 1928.59 also issued under 5 U.S.G Section 1910.1000, Tables Z-l, Z-Z and Z~ 553 end 29 CFR pert 1911. 3 also issued under 9 UAG 553. Section 1910.1000, Tables Z-l. Z-2 and Z-3 not. PART 1928--[AMENDED] issued under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, and 6. The authority citation for part 1928 cotton dust listings. continues to readu follows:. Section 1910.10Q1 also issued under Sec. 107 of the Contract Work Hours end Safety Standards Act 40 U.S.C. 333. Section 1910^1002 not Issued under 29 ILS.C S55 or 29 CFR pert 1911: also Issued under 5 U.SG 553. Section 1919-1025 also issued under 5 U.S.C. 553. ' Section 1910.1043 also issued under 5 - U.S.C. 551 e( Nf. . . Sections 1910.1200,1010.1499 tnd lOiaiSOO also issued under 5 U.S.C 553. Authority: Secs. 6 end 8, Occupational Safety and Health Act of 1970 (29 U.S.G 655, 657}; Secretary of Labor's Order Nos. 12-71 (36 FR 5754), 6-76 (41 FR 25059), 9-63 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911. Section 192621 also issued under 8 U.S.G 553. 7. Parts 1910.,IMS, 1917.1918, and 1926 are amended by revising . SS 1910.1200,1915.1200,1917.28 and 1918.60, and 1928.59 fo the PART 1915--(AMENDED] identical text, including Appendices A, 2. The authority citation for part 1915 B, C,D,ahdE, to read ts follows: ; -- *' ; continues to readaa follows; S______ H6fo>d.coinmwnicaitiofk , Authorltyr SeC 4.1, Longshore and Harbor (a) Purpose. (1) The purpose ofthis Workers' Compensation Act (33 U.S.C. 941); sets. 4,8, >, Occupational Safety and Health Act of 1970 (29 U.S.C. 053,555.557); Secretary of Labor's Order Nos. 12-71 (36 FR 6754). 6-76 (41TR 25059), 9-63 (46 FR 35736), or 1-90 (55 FR 9033), es applicable; 29 CTR part 1011. - ' Section 1015.09 also issued under 5 0.S.G 553. . PART 1917--{AMENDED] section is to ensure that the hazards of all chemicals produced or imported are evaluated, ana thatInformation concerning their hazards is transmitted to employers and employees. This transmittal of Information la to be accomplished by means of comprehensive hazard communication programs, which are to include, container ishsHng tad ether forma of 3. The authority citation for part 1917 continues to read as follows; warning, material safety data, sheets and employee training. (2) This occupational safetyand ' Authority;. Sac. 41, Longshore tnd Harbor Workers' Compensation Act (33 0.S.C 941); secs. 4,6,5, Occupational Safety end Health Act of 1970 (29 UAG 653,655,657): Secretary of Labor's Order Noe. 12-71 (36 FR 8754), 6-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-00 (55 FR 0033), as applicable; 29 CTR part 1911. Section 1917.28 also Issued under 5 U.S.C health standard is intended to address comprehensively the. Issue of evaluating the potential hazards of chemicals, and communicating Information concerning hazards and appropriate protective measures to employees, and to preempt snv legal requirements of a state, or political subdivision of a state; 553. pertaining to this subject Evaluating the PART 1918--{AMENDED] potential hazards of chemicals, and communicating information concerning 4. The authority citation for part 1918 continues to read as follows; Authority: Sec. 41. Longshore and Harbor Workers' Compensation Act (33 U.S.G 941); secs. 4,6, S, Occupational Safety and Health Act of 1970 (29 U.&G 653,655,657); Secretary of Labor's Order Nos. 12-71 (36 FR 6754), 6-76 (41 FR 25059), 9-83 (46 FR hazards and appropriate protective measures to employees, may include, for example, but la not limited to, provisions for: developing and maintaining a writtenlrazard communication program for the . workplace, including lists of hazardous chemicals present; labeling of 35738), or 1-90 (55 FR 9033), as applicable. containers of chemicals in the Section 1015.90 also issued under 5 U.S.G workpiece, as well as of containers of 553 and 29 CFR pert 191L chemicals being shipped to other 5. The authority citation for subpart D workplaces; preparation and of part 1926 continues to read as distribution of material safety data follows; sheets to employees and downstream Authority; Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C 333); Secs. 4,6,8, Occupational Safety and Health Act of 1970 employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures. (29 U.S.G 653.655,657); Secretary of Labor'a Under section 18 of the Act, no state or political subdivision of a*state may adopt or enforce, through any court or agency, any requirement relating to the issue addressed by this Federal standard, except pursuant to a Federally-approved state plan. (b) Scope and application. (1) This section requires chemical manufacturers or importers to assess the hazards of chemicals which they produce or Import, and all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and informationand ' training. In addition; this section requires distributors to transmit the required information to employers. (Employers who do not produce or importchemicals need only focus on those parts of this rule that deal with establishing a workplace program and communicating information to their workers. Appendix E of this section Is a general guide for such employers to help them determine their compliance1 obligations under the rule.) (2) This section applies to any chemical which is known to be present in the workplace in such t manner that employees may be exposed under nannal conditions of use or in a foreseeable emergency. (3) This section applies to laboratories' only as follows: . (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshlft to laboratory employees when they sre In their work areas; (ill) Employers shall ensure that laboratory employees are provided information and training in accordance with paragraph (h) of this section, except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section; and, (iv) Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance. with paragraph (0(1) of this section, and that a material safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) sad (g)(7) of this section. Federal Register f Vol, 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6171 (4) In work operations when employees only handle chemicals in sealed containers which am not opened under normal conditions of use (such as an found in marine cargo handling, warehousing, omtail sales), this section applies to these operations only as follows: (i) Employers shall ensum that labels on incoming containers of hazardous chemicals' an not removed or defaced: (Li) Employers shall maintain copies of any material safety data sheets that an received with Incoming shipments ofthe sealed containers ofhazardous chemicals, shall obtain a material safety data sheet as soon as possible for sealed containers of hazardous chemicals received withoutVmaterial safety data - sheet ifan employee requests the material safety data sheet, and shall ensure that the material safety data sheets an readily accessible during each wort shift to employees when they am in their work sru(s); and, . .- (ill) Employers shall ensure that employees are provided with .. information and training In accordance with paragraph (h) ofthis section - (except for the location and availability Ofthe wHHan fiawri mmmillilfMtion program under paragraph (h)(2Xiil) of this section), to the extent necessary to leak of a hazardous chemical"from a sealed container. (S) This section does not require labeling of the following chemicals: (i) Any pesticide as such tertn is definedin the Federal Insecticide, Fungicide, and Rodentidde Act (7 U.S.C 138 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection A13)%y chemical substance or mixture as such terms an defined in the Toxic Substances Control Act (15 U.S.C. 2601 et teg.), when subject to the . labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection ^lU)^ny food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including' materials intended for use as ingredients in such products (t.g. flavors and fragrances), as such terms are defined In the Federal Food, Drug, and Cosmetic Act (21 U.S.C 301 et teg.) or the Virus* Serum-Toxin Act of 1913 (21 U.S.C. 151 et teg.), and regulations issued under those Acts, when they are subject to the labeling requirements under those Acts by either the Food and Drug Administration or the Department of Agriculture; (Iv) Any distilled spirits (beverage Act (21 U.S.C. 301 et teg.), when It is alcohols), wine, or malt beverage in solid, final form far direct intended for nonindustrial use, as such administration to the patient (e.g., terms an defined in the Federal Alcohol tablets or pills); drugs which ere Administration Act (27 U.S.C. 201 et packaged by die chemical manufacturer seg.) and regulations issued under that far sale to in t retail Act, when subject to the labeling establishment (.$., over-the-counter requirements of that Act and labeling drugs); and drugs.intended for personal regulations issued under that Act by the consumption by.employees while in the Bureau ofAlcohol, Tobacco, and workplace (e.g., first ald supplies); . Firearms;. (viu) Cosmetics which are packaged . (v) Any consumer product or. for sale to consumes In a retail hazardous substance as those terms an establishment, and cosmetics intended defined in the Consumer Product Safety for personal consumption by employees Act (15 U&C. 2051 etteg.) and Federal while in the workplace; Hazardous Substances Act (IS U.S.C. (be) Any consumer product or. 1281 et teg.) respectively, when subject hazardous substahee, as those terms are to a consumer product safety standard defined in the Consumer Product Safety or labeling requirement of those Acts, or Act (15 UJ5.C. 2051 et teg.) end Federal regulations issued under those Acts by Hazardous Substances Act (15 U.S.C. the Consumer Product Safety 1261 et teq.) respectively, where the Commission; (vl) Agricultural eg vegetable seed treated with pesticides and labeled in employer can show (hat it it used in the worimlaoe far the purpose intended by the chemical manufacturer or importer accordance with the Federal Seed Act (7 of the product, and theuse results in a U.S.C. 1351 et sea.) and the labeling - duration and frequency of exposure regulations issued under that Act by the which is not greater than (he range of Department ofAgriculture. exposures that could reasonably be ' (6) This section does not apply to: (1) experienced by consumers when used Any hazardous waste as such term la far the purpose intended; defined by the Solid Waste Disposal (x) Nubehtife particulates where the Act, as amended by the Resource chemical manufacturer or importer can Conservation and Recovery Act of 19.76, establish that they do not pose any as amended (42 U.S.C. 6901 et teg.), physical or health hazard covered under when subject to regulations issued - this section; under that Act by the Environmental (xi) Ionizing end nonionizing Protection Agency; radiation; and, (ii) Any hazardous substance as such (xii) Biological hazards. term is defined by the Comprehensive (c) Definitions. . Environmental Response, Article means a manufactured item Compensation, and Liability Act other then a fluid or particle; (i) which (CERCLAX42 U.S.C. 9601 etteg.), when b farmed to a specific shape or design subject to regulations issued under that during manufacture; (U) which has end Act by the Environmental Protection use funetionfa) dependent in whole or ^o obeoco or tobacco products; in part upon its shape or design during end use; and (ill) which under normal (ivj Wood or wood products, - conditions of use does not release more including lumber which will not be than very small quantities, eg., minute processed, where the chemical or trace amounts ofa hazardous manufacturer or importer can establish chemical (as determined under that the only hazard they pose to paragraph (d) of this section), and does employee* is the potential for not pose a physical hazard or health risk flammability or combustibility (wood or to employees. wood products which have been treated Assistant Secretarymeans the with a hazardous chemical covered by Assistant Secretary of Labor for this standard, and wood which maybe Occupational Safety and Health, U.S. subsequently sawed or cut, generating Department of Labor, or designee. dust, are not exempted); . Chemical means any element; (v) Articles (as that term is defined in chemical compound or mixture of paragraph (c) of this section); elements and/or compounds. (vl) Food or alcoholic beverages Chemical manufacturermeant an which are sold, used, or prepared in a employer with a workplace where retail establishment (such as a grocery chemical(s) are produced for use or store, restaurant, or drinking place), and distribution. foods intended far personal Chemical name mM"t the scientific consumption by employees while in the designation of a chemical in accordance workplace; with the nomenclature system (vii) Any drug, as that term is defined developed by the International Union of in the Federal Food, Drug, and Cosmetic Pure and Applied Chemistry (IUPAC) or DO A 044376 CONFIDENTIAL 6172 Federal Register / Vol.59, No. 27 / Wednesday, February 9. 1994 / Rules and Regulations the Abstracts'Service (CAS) non-routine, isolated instances are not Test for Flash Point by Tag Closed rules of nomenclature,.or a name which covered. tester, Zll.24-1979 (ASTM D 56-79)) will clearly identify the chemical for the Employer means a person engaged in for liquids with a viscosity of less than purpose ofconducting a hazard a business where chemicals are either 45 Saybolt Universal Seconds (SUS) at evaluation- used, distributed, or are produced for 100*F (37.8*0, that do not contain Combustible liquid means any liquid use or distribution, including a - suspended solids anddo hot have a" having a flashpoint at or above 100 *F contractor or subcontractor. * tendency to form ajsurface film under (37.8 *q. but below 200 *F (93.3 *0. Explosive means a chemical that test; or ' except any mixture having components causes a sudden, almost Instantaneous (ii) Pensky-Martens Closed Tester (see with flashpoints of 200 *F (93.3 *Q,or release of pressure! gas, and heat when American National Standard Method of higher, the total volume of which make subjected to sudden shock, pressure, or Test for Flash Pointby Pensky-Martens up 99 percent or more of the total him temperature. Closed Tester, Zli.7-1979 (ASTM D volume of the mixture. : Commercial account means an . Exposure or exposedmeans that an . 93-79)) for liquids with a viscosity employee is subjected in the ccfurse of equal to or greater than 45 SUS at.lOO*F arrangement whereby a retail distributor employment to a chemical that Is a (37.8*0, or that contain suspended sells hazardous chemicals to an physical or health hazard, and includes solids, or that have a tendency to form employer, generally in large quantities . potential, (e^. accidental or possible) a surfice.film.under test; or. oyer time and/or at costs that are below exposure'. "Subjected" in terms of (ill) Setaflash Closed Tester (see . die regular retail price. health hazards Includes any route of - American National Standard Method of Common name means any entry (e^,.inhalation, ingestion! akin Test for Flash Point by Setaflash Gosed designation or identification such as contact orabsorption.) . Tester (ASTM D 3278-r78)). code name,-code number, trade name, brand name or generic name used to identify achemical other than by its chemical-name. - Compressed gas means: * (I) A gas or mixture of gaseshaving, in a container, an absolute pressure . Flammable means a chemical that falls into one of the following'categories: (i) Aerosol, flammable means ui * aerosol that, when tested by the method described In 16 CFR 1500.45, yields a : flame projection exceeding W inches at' full valve opening,' or a flashback" (a: Organic peroxides, which undergo . autoaoosierating thermal . > . decomposition, are excluded from any of the flashpoint determination methods specified above. Foreseeable emergencymeans any V exceeding 40 psl at 70 *F (21.1 *C); or flame extending back to the valve) at (ii) A gas or mixture ofgases bating, , any degree of valve opening; in a container, an absolute pressure - (ii)Gas, flammable means: (A) A gas mtial occurrence such as, but not Kted to, equipment failure, rupture of containers, or failure ofcontrol exceeding 104 pai at 130. *F (54.4 *C) that, at ambient temperature and equipment which could result in an regardless of the pressure at 70 *F (21.1 pressure, forms a flammable mixture uncontrolled teleaseof a hazardous *C);or . * with air at a concentrationof thirteen chemical ifito the workplace. (ill) A liquid having a vapor pressure (13) percent by volume or lesa; or Hazardous chemical means any exceeding 40.ps! at 100 *F (37.8 *C) as ffl) A gas that, at ambient temperature, chemical which is a physical hazard or determined by ASTM D-323r-72. . and pressure, forma a range of' a health hazard. Container means any bag, barrel, flammable mixtures with sir Wider than Hazard wanting means any words, battle, box, can, cylinder, drum, twelve (12) percent by volume, - pictures, symbols, or combination reaction vessel, storage tank, or the like regardless of the lower limit; , thereof appearing on a label or other that contains a hazardous chemical. For (Hi) Liquid, flammable meanssny appropriate form of warning which purposes of this section, pipes or piping liquid haying a flashpoint below 10G*F convey the specific physical or health systems, and engines, fuel tanks, or (37.8*C), except any mlxture'having bazardfs), including target organ effects, other operating systems In a vehicle, are components with flashpoints Of100*F of the chemical(s) in the containers). not considered.to be containers. . (37.8^0 or higher, the total of which (See the definitions for "physical Designated representative means any make up 99 percent or mare Of the total hazard" and "health hazard" to individual or organization to whom an volume of the mlrdure. employee gives written authorization to (iv) Solid, flammable means a solid, determine the hazards which must be covered.) exercise such employee's rights under other than a blasting agent or explosive Health hazard means a chemical for this section. A recognized or certified as defined In S 1910.109(a), thatIs liable which there is statistically significant collective bargaining agent shall be to cause fire through friction, absorption evidence based on at least one study treated automatically as a designated of moisture, spontaneous chemical conducted in accordance with representative without regard to written change, or retained heat from < employee authorization. manufacturing or processing, or which established scientific principles that acute or chronic health effects may Director means the Director, National can be ignited readily and when ignited occur in exposed employees. The term Institute for Occupational Safety and bumsso vigorously and persistently as "health hazard" Includes Chemicals Health, U.S. Department of Health and to create a serious hazard. A chemical which are carcinogens, toxic or highly Human Services, or designee: shall be considered to be a flammable toxic agents, reproductive toxins, ' Distributor means a business, other solid if, when tested by the method irritants, corrosives, sensitizers, than a chemical manufacturer or described in 18 CFR 1500.44, it ignites hepatotoxins, nephxotoxins, importer, which supplies hazardous chemicals to other distributors or to and bums with a self-sustained flame at neurotoxins, agents which act on the a rate greater than one-tenth of an inch hematopoietic system, and agents'which employers. per second along its major axis. damage the lungs, skin, eyes, or mucous Employee means a worker who may Flashpoint means the minimum membranes. Appendix A provides be exposed to hazardous chemicals temperature at which a liquid gives off further definitions and explanations of under normal operating conditions or in a vapor in sufficient concentration to the scope of health hazards covered by foreseeable emergencies. Workers such ignite when tested as follows: this section, and Appendix B describes as office workers or bank tellers who (0 Tagliabue Closed Tester (See the criteria to be used to determine encounter hazardous chemicals only in American National Standard Method of whether or not a chemical is to be DO A 044377 CONFIDENTIAL Federal Kagtoter./ VoL 59. No: 27:/ Wednesday. February 9, 1994 / Rules and-RegMlonV 61731 considered hazardous for purposes of - other information that reveals the this standard. 3., precise chemical designation of the Identity moans anvchemical or substance. common name which U Indicated on Trade secret means any confidential (i) 2 CFR part mo. subpart Z, Toxic and Hazardous Substances, -- Occupational Safety and Health - Administration (OSHA); or, the material safety data sheet (MSDS) ' formula, pattern, process, device, (11) Threshold Limit values for for the chemical. The identity used shall ' information or compilation of Chemical Substances and Physical permit cross-references to bp made.. information that is.used in an Agents in the Work Environment, - -among the required list of hazardous, employer's business, arid that gives the American Conference of Governmental chemicals, the label and the MSDS.: ' . employer an opportunity to obtaln an Industrial Hygienists (ACG1H) (latest . Immediate use means that the advantage over competitors who do not edition). The chemical manufacturer, hazardous chemical will be under the . know or useit Appendix D sets out the importer, or employer is still control of and used only by the-person - criteria to be used in evaluating trade responsible for evaluating the hazards who transfers it from a labeled container secrets. ' ! - : associated with the chemicals in these and only wlthin the work shift in which Unstable (reactive) means a chemical. source lists in accordance with the - it is transferred. ` ' which in the pure state, eras produced 'requirements of thltetandard. i ' v Importer means the first business with,. or transported, will vigorously (4) iChemical manufacturers,, - - employees,within the Customs Territory polymerize, decompose, condense,.or . importers and employees evaluating - of ttw'United State* which receives . - will become Mlf-reactive under chemicals shall treattha following ; hazardous chemicals produced in other, conditions rifshocks, pressure br source*** establishing that a chemical ` countries for the purpose of supplying them to distributors or employers. . within the United States.Label means any written, printed, or tempdtature. ,- . .. ' use means to package. handle, react . emit, extract, generate as a byproduct or transfer. -. is a carcinogen or potential carcinogen for hazard communication purposes: (i) National Toxicology Program (NTP), Annual Report on Carcinogens graphic material displayed on or affixed' \ Water-readtive means a chemical that (latest edition); ` . to containers ofhazardous chemicals. . - reacts with water to release gas that ls (ii) International Ageneyfor Research . . Material safetydata sheet (MSDS) either flammableor presents e health on Cancer.QARC) Monographs (latest means written or printed materlsl' ' concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section. Mixture means any combination of two ormore chemicals ifthe ;.=: combination is not, in whole or in part, the result of a chemical reaction. OTgan/c peruudde means an organic compound that contains the bivalent -O- O-structure and which may be - considered to be a structural derivative, of hydrogen peroxide where one or both of the hydrogen atoms has been replacedby an organic radical. Oxidizer means a chemical other than a blasting agent or explosive as defined hazard. -. editions); or Work area means a room or defined (ill) 29 QTt part 1910, subpart Z, - space in a workplace where hazardous > Toxic andHazardou* Substances, chemicals srp produced.or used,, and Occupational Safety and Health where employees are present Administration. Workplace means an establishment Job rite, or project at one geographical location containing one or mote work Note: The Registry ofTaxic Effectt of - Chemical Substances published by the . National Institute for Occupational Safety areas. and Health Indicates whether chemical has (d) Hazard determination. (1) been found by NTP or IARC to be a potential Chemical manufacturers and importers rirrfnflgttn, shell evaluate chemicals produced in (5) The chemical manufacturer, their workplaces or imported by them to importer or employer shall determine determine if they are hazardous. the hazard# of mixtures of chemicals as Employers are not required to evaluate follows: chemicals unless they choose not to rely (i) If a mixture has been tested as a on the evaluation performed by the whole to determine its hazards, the in 51910.109(a), that initiates or chemical manufacturer or Importer for results of such testing shall be used to promotes combustion in other materials, thereby causing fire either of itself or through the releese of oxygen or other gases. , Physical hazard means a chemical for which there-is scientifically valid evidence that it is a combustible liquid, the chemical to satisfy this requirement (2) Qtemical manufacturers, importers or employers evaluating ' chemicals shall identify and consider the available scientific evidence onnnrning such hazards. For health hazards, evidence which is statistically determine whether the mixture Is hazardous; (ii) If a mixture has not been tested as a whole to determine whether the mixture is e health hazard, the mixture shall be assumed to present the same health hazards as do the components a compressed gas, explosive, flammable, significant and which is based on at which comprise one percent (by weight an organic peroxide, an oxidizer,' pyrophoric, unstable (reactive) or water- reactive. Produce means to manufacture, least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the or volume) or greeter of the mixture, except that the mixture shall be . assumed to present a carcinogenic hazard If it contains a component in - process, formulate, blend, extract, results of the study meet the definitions concentrations of 0.1 percent or greater generate, emit, or repackage. of health hazards in this section. which is considered to be a carcinogen Pyrophoric means a chemical that will Appendix A shell be consulted for the under paragraph (d)(4) of this section; ignite spontaneously in air at a scope of health hazards covered, and (iii) If a mixture has not been tested temperature of 130*F (54.4^0 or below. Appendix B shall be consulted for the as e whole to determine whether the Responsible party means'someone criteria to be followed with respect to mixture, is a physical hazard, the who can provide additional information the completeness of the evaluation, and chemical manufacturer, importer, or on the hazardous chemical and the data to be reported. employer may use whatever appropriate emergency procedures, if (3) The chemical manufacturer, scientifically valid data is available to importer or employer evaluating evaluate the physical hazard potential of Specific chemical Identity means the chemicals shall treat the following the mixture: and. chemical name, Chemical Abstracts sources as establishing that the (iv) If the chemical manufacturer, Service (CAS) Registry Number, or any chemicals listed in them are hazardous: importer, or employer has evidence to DO A 044378 CONFIDENTIAL 6=174 gederat Kagbter i Vial. 53; No. 27 / Wednesday; February a* 1934 / Rttlea and Begnfettam indlcatothat a compexeatpresent In. foe c thatneed to that eachcoutefarer efhaaxadooa. mixture in caomntrgtisazof bsufoam itoi chemicals leaving the workplaceis one percent fat tmtha pw of the workplace's normal operetfag carcinogens. fast thanM percent}could condfafoosaadfarforeseeabts - labeled tagged; ormaiked fit . accardeacwwttbfafesertiaDfaa be released to concentration* which emereeBdesranfo manner which does hot conflict with would exceed aw'estabttdwdQSHA (Uimernethods theetnployerwill therrequirementeeltfrelfeZredous ,1" pennlssfotoexposurettaft oeACGDt use to infomfo* otheratoplaytefe} of MaterifasTrenspertatfon, Act ftatXSJ ThresholdtimitVafaey.orcoeMpresent the-bbe&gsystem uakdtefor, . 180* fssq^ana regafattatofaeuedr. a health risk toemptpyes to there workplaces " -W underfoot Act byfa* Depretinentaf concvniwrione, tbaxrfxturea&etf bo assumed to yoontthe storehazard. wnwempioyarmayrelycotfa mtfHiij ti*n pyigH (S)CbmkiliDaBtfadUBrt to complywifefoeterequfawxeute; regnlatedbyOSUAliiesubriance- imparfemaremntayere cnhwttn? provided that It meets the criteria*. apectftcbesltfa strai diii,*Vtiii>rhwnrirnl> chemicals shad daa&ribeto wettingthe eatabBsSedfeaforppwMpfe fek procedure*theyeaetodfafennfantfae (4)Theemployer riiia make the hll muf tnt^Ai* hazards of the chemfaad theyevaluate. written! otherfoam*ofwanstBgusedare hs The fecitteu proceduresare tube mode avi available, spun request-toempleyees, theirderigaatcdrspraactfartvc* the Assistant Secretaryand theDirector. their deslpmtsdw|wewjntrti.esi the: Assistant Serietey andfocDteoctca, fas accordance with the requireswnts'ef 29 that standard. (^Exceptaa.prev6iad fa patagrxpim. (Qtilsadfet?) ofthfaaoetiit,the Thewrittandeseriptlnomsyb* . CFltlSWkWfok employee shall ensnntthat each incorporated fatefoewrittan barard (3>Whas>Uainfayore must teensl' container of hazardous chsmlcala fak the iumfuaefcatton pragmas required;under between workpieces during awcrfcsblft. wmkpfacs is iaholsd taggedormarked ph (el of this aeqtfak: their wort is oerfedeutat more thaaotregBogrepifoaffacxtfoe.'fog* srifofiwMfawfaebifismartwc (tfhfenrity of thehazardous * > . m*Mh.r**j| - - plement, and maintainat < (ii) Appropriatehazard werotagfc or workplace. iwdttsBklwnnd'! atameforriy* words, pictures, aymhois. cnrmmmtcatfow programwhich et least ftbib&andetherfonM^fwmifTg or combinariomthnao&ufolchpnsridn desmibekhetrthe criteria spedfiedfa (l)Tb*cheBfealmanuftrisrer. . at least general fafanarifaBiegwfonfo paragraphs (0, (g), and(hfoffobseetfem Importer. ardlstribaterrihaO ansare diet the hacasda offoeehemtoaie, wad.. tot label* and other tomeof warning* earn containerof hazardousc&eaiesJs which* in rwBpawrioewfafafoeother . material safetydata sheate; and . leering theworkplaceIt labeled, tagged empbyeo-faribrmsriorstedtrifaingwitt or marked with the faHo-wtag . employeesunder thahazard be met. and which afeoIncludes the following: (1>IdentJtyqfthehazsrdcms / fah the specific 1 (1) A list of the hazardous chemicals known, tubepresent using; amidwidty that is refarmiced ere foeappropriate chemfcalfefr ,, __ physical andh<____ (B) Appropriatehezmrfwarnings;and hmasdx oftha hazardous chsmlcah . ' |2i)N*m rod address oftfae W1 Thaan^oyermay use dgoa. material relate datesheet (Breast may chemical manufacturer.tmp<x ter* er- placards*pcocesa sheets,,batch ticketa. be compiled for the workplace as* whole os for fadhridual work trees); and. ^Iri^^stMhnemrfsochacsstset beam or s smfol easttngXsqttd wood* or operating procedures, or afoer such meritimn ni*rfW tir Hat* afiffirlng labelsto iadtridaal stationary proems. (U)The methods foeemployerwill plastic fawn*footaaraot exemptedae containers* as fang aa-thd afatoartfare use to tnfona employees ofthe hazards artldas due totheirdownstream use, or of non?routlne tasks (for example* fa* shipments efwhets grate* foerequired whidb it i* ^ptlcaUe andoanwys deanfagof reactor oreretfo todthe hazards asaoefeted withchemical* label maybe faansrefatedtofo* customer at fostfaasoffos faftfal o this seedcmtobTona^abe^Tlm contained fas wishheted pipes in their shipment, and neednotbeibchided written materials shall be medUy work areas. with subsequent shipments tothe same accessfUa tothe engdoyees far foeh (2) fen (ft imipfcycrsmtfcjikmw. employer unless for farfosmafton ot fo* week area throughout each work shift Employs* whoproduce, use* or store label cnangaac tJlThn employeris not requiredto hazardous chaaalrab aC a workplace fas (ill The Met maybe transmitted with label portable contaiwereinto which such a way thattheemployees of other the initial ahipmeet Itself or withthe -hezardnea chemirakjratransferred employes) maybeexposed (for material safety data sheet that jatolw from labeled containers, and which me example, amployaw ot a construction contractorwocktog oedtd ritall hAtitbwdlly warned provided prior to er at thettme oftho intended only far foe immediate use of first shipment;and, foe employe* who performs the transfer. (ill) Tnls exception, to requiring labels For purpose* offok. section* drugs ttmmmdcritoa programs developed on every emtfriner of hazsdrius which ere dispensedbya pharmacy to and implemented under this paragraph chemicals feeoly far the solid material a health care providerfor afaect (e) include the following? itsefo. and dose not apply to hazardous administration toa patient are exempted (i) The methods the employer will use chemical* used in oon^metton with, or from labeling. to provide the other *roployar<s> an-site known to he present with, fa*material (Sj The employershall not remove or access to material safety data sheets for and to whidi employees handling the deface existing labels on. incoming' each hazardous chemical theother items in transit maybe exposed (for containers of hazardous chemicals* employerisjf employees may be exposed example, cattingfields or pesticides in unless foe container,is immediately to while working; (U) The methods the employer will grainsk (3) Chemical manufacturers. marked with, foe required tnfonnatioa. (9) The employer shall ensure that use to inform the otherempfoyorf*) of Importers* or distributors shall ensure- labels or other farms of warning are A aA31? DO C,ONF It Federal Register / Vot, 59,. No< 27 - / Wednesday.. February 9, 1994 / yRules ^d'Regu)atlons 6175 legible. In E"gHh, and prominently: displayed on the rontainer^or readily available In the work area throughout each work shift- Employer* having employees who apeak other languages may add the information in their . language to the material presented.,as long as the informationis presented in English as well. . (10) The chemical manufacturer, Importer, distributor or employer need not affix new labels to comply with this section if existing labels already convey " the required information. (11) Chemical manufacturers, importers, distributors, or employers \ who become newly aware of any hua^Tof a chemical shaft revise the labels foe the chemical within three. months ofbecoming aware of the new information. Labels on containers of hazardous chemical* shipped after that time shall contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer. Importers, distributor, or employer shall add the information to the label before the chemical la shipped or introduced into the workplace again. (g) Material safety data sheets. (1) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or Import. Employers shall have a material safety data sheet in the workplace for each hazardous chemical which they use. (2) Each material safety data sheet shall he in English (although the employer may maintain copies in other language* as well), and shall contain at least the following information: (1) The identity used on the label, and, except as provided for In paragraph (i) of this"section on trade secrets: (A) If the hazardous chemical is a single substance, Its chemical and common hamefe); (B) If the hazardous chemical la a mixture which has been tested as a whole to detedplne its hazards, the chemical and common nan(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: (2) The chemical and common namefc) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d) of this section shall be listed if the concentrations are 0.1% or greater; and. ; (2) The chemical and common namefe) of all ingredients which have been determined to be health hazards, and which comprise less than 1% (0.1% for carcinogens) ofthe mixture. If there is evidence that the ingredient(a) could he released from the mixture in . concentrations which would exceed an established OSHA permissible exposure limit or AOdH Threshold limit Value, or could present a health risk to employees; and. (2) The chemical and common. name(s) of all ingredients which have been determinedto present a physical hazard when present in the mixture; (il) Physical and chemical characteristics of the hazardous ' chemical (such as vapor pressure, flash point); (ill) The physical hazards of the ' hazardous chemical. Including the potential for fire.explosion, and reactivity; (iv) The health hazards of the * hazardous chemical, Including signs and symptoms of exposure, and any medical conditions which are generally reoognixed as being aggravated by exposure to the chemical; (v) Theprimary routefs) of entry; ' (vi) The OSHA permissible exposure limit, ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available; (vii) Whether the hazardous chemical is listed in the National Toxicology Program' (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA; (viil) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks; (ix) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment; (x) Emergency and first aid procedures; (xi) The date of preparation of the material safety data sheet or the last change to it; and. (xli) TTfehamel address and telephone number of the chemical manufacturer, importer, employer br other responsible party preparing or distributing tne material safety data sheet who can provide additional information on the . hazardous chemical:ahd appropriate, emergency procedures,' if necessary. ^ . (3) If ho relevant Information is found for any given category dn the material safety data sheet, tne chemical manufacturer,' Importer or employer preparing the material safety datasheet shallmark It tb Indicate that no. . applicable Ihfonnatioawai found, (4) Where cdhiplex mbdures.have similar hazahla and cbhtdnis (Le. the . chemical ingredients are essentially the same, butthe specific composition varies from mixtureto mixture), the , chemical manufacturer, importer or employer mayprepareone material:; safety data sheet toapplyto allof these similar mixiiires.'YL. ` (5) The cbemicafibanufecturer, importer or employer preparihgthe material safety dhta sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer. Importer or prei ' ` data sheetbecomes 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 importer shall add the information to the material safety data sheet before the chemical is. introduced into the workplace again. (6) (1) Chemical manufacturers or importers shall ensure' that distributors and employers are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet la updated; (U) The chemical manufacturer or importer shall either provide material safety data sheets with the (hipped containers or send them to the distributor or employer prior to or at the time of the shipment; (iii) If the material safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor or employer shall obtain one from the chemical manufacturer or importer as soon as possible; and, (iv) The chemical manufacturer or importer shall also provide distributors or employers with a material safety data sheet upon request (7) (i) Distributors shall ensure that material safety data sheets, and updated D0 A 0A4380 confiopntial 6179 Federal Register / VoL 59w No* 27 / tofedneedhp/lfebruaiy 9*. 1996 l Roles and Regufetibas MwoHM pwdM to-other (9) Where employees must travel (iflThuphysical andhealthhazards dtetribo*w*nd onrotoyere with their between workplacesduring* warkshift, of tbechemlcafelndwworkciee: faitiaf shipment and with the first he.,their work is carried but at mote Ct^The measure*empfayeescan take shipmentafter material safety date sheet Is updated! (IS) The distributer shatt eitha' provide materialsafety data-shee& with the shipped containers, oramd them to> , theother distributor or employer prior . tporatihetfcne-oft&nshfpinent; (ill] Retail distributors setting than ene geegsmohicsttoaftoh the situationv the erapfeysr shell ensurethat egpJuyusi cm hsmerttefnly obtain th wanted infemaafiom In aetnergency. procedures, and maybedeeigwad to to protect themselves fiooathes* harrede, trehsdhggpurificprocednra* the employerhas implemented to protect empkyei i fmm WTpuumuta bszardnu*chendr*hi.stha* . appropriate work practlcasusnergency procedures; i eauintoBut t(fveVlTOheudriataUaefthebazard. - having coumwrcialacanmf i - cover group*ofhaiarrk^thmnfcakfar ctwiinwiicarionprogram develepeAby provide r material safety date sheetto such employer*,uponrequest* and.shall post asign, or otherwise inform them .. thatamateriatsafety dalathoetla . a wriLae^ydrmn^^^^^ra^^ . , the employer, includingaaeupfenarion of the lsbs^iagaytbam and dm material safety date sheet. anAheieemplsiyae* can obtain andus*tha appropriate . available; employee abaft ensure that In oft caara. (ivjWholesale distributor* taBlng therequtedinfomatte* fe peeridad fat (l^iW*secrris.iUTh*chmcal hazardhus chemfcalit to employer* oyer the-oountar may aba, as an alternative to helping fife ofmaterial:safety dhte . sheetsJbr iffhazardous chemical* they . sett provide material safety data-sheets - upon the.request ofthe employer st tha time, ofthe over-the-counter purchase, each hazardous chemical; flmliit readily manufeshucR.impocleE.ee employe* , accessibleduringeachworftthHt to may withhold thesportSo rhemkal employees vrirentheyec^isinthfsir |(jeUY tarhuttw^ IS* fkamlraj 71*TM^ warkareStat*', / . :, . ; epdethteCpecificidentification of* (11) Materiel safety datkshretrihpH ; also be made readily ar*ilahla,trpark safetydat* sheet,pamrided than sn^^^ied^^iiWlSecwS^lMr^. (l>l3feclaim thattha taformAftort awrf shaftpost *%p.oc otherwise udihbald in trad**ecr*tcan.be inform such, employers, that a:material accordancewiththeaequiremeots of29 safety date sheet is. available; . .. fvjlfan.employer without* 'fwwwtfrfh^pitfeKmiw m ' I m% KjMwChiii QOmiBBtlil CTR19iais(*).Th* Director abaftako be given accesstometerialsafety date sheets la thesame manner (hJHtapJoyvafeJ&njMrioiidmf w*h>f(i>|f fftfirtj AA rrinromfn^ * (hepropettfa* snd nffhete oftha ^mHtnasAimfrttiii iftsrVllUld;' CUi}Thematerial safety datasheet dlstrlhutoc not required. to>have material safety data, sheets on. fife (le, the retail distributee does,not have commercial %ffiwtnli inddrwn tint use'the materials), the retail distributor shall provide theemployer. upon request, with the name,address, and, telephone number ofthe chemical manufacturer, importer, or distributor from which a employees with sfiecttu4.fnMrniattr>w. fadicahwi that the specific chemfral and tralntngon hazardouscfegnfraIsIn identity febeing tyithheld u a trade their wock area atth*time ofthoir - lefewRaret, Initial assignfrmnf. winl whenever s nav . ffv]Tbespecfficchemicalidentity fs physical or health hazard the employees . madsavailable to health professiboafs, nova notpreviouslyhaeatataed about is introduced intotheir work ares. emph>yees.and designateil ^ . gapTMttnftBM trr mmmtm** iiiMt riw Information sad training maybe iWtgpwt tn. wlagpA* r.fT.TrrU appttcabfe provfsSons.ofthisparagraph. fit Wheit netting,phyridan or material safety data sheet can be anreedetwmines that emedfeal obtained; (vf>Wholesale distributors shall ako providematerial safety data sheets to employersor otber distributors upon request; and, (vtll Chemical manufacturers. Importers, and distributors need net provide material safetydata sheetsto ro*mfr~v sportfir informationmast alwaysbu evailabk through labels andmaterial safely date sheets. (2) Information.Employees shallbe informed o (ilThsrequtrementsofthis section; (iilAny operations hitheir work sire* emergency extsei and the-speefBc ehasdeal identityefehemndbu* cfaemkafi*necessary for emergencrcr manufecturev, fanporter, oremployer shall imuwdtatelydfadosuth* spedSc chemical identity of a trade secret chemical tothat treetfhgphyricfan or retail distributorsthat hsv* inhumed where hazardousrilam.feri* are presents nurse; wgardfeeaofthe exfeiencegfa them that the retail distributee does not and, sell the producttocammercial accounts (1ST The fixation end avaifebttfty of written statement of need or* confidentialityagreement. The chemical or open the foaled container to use to in Ulv WllUfll ll"1*111 llBIIIIWIBPrillull manufacturer, importer, of employer their ownworkplaces* . program, including th*required Hstfei may require written statement ofneed (8) The employer shall maintain In of hazardous chemical*, andmaterial and confidentialityagieernuuf, in the workplace copiesof therequfeed safetydate sbeets reqtrfredhy thfe accordSncu with tnuprovfsfoneof materiel safety date sheets fee each section. paragrspha(^(3)andf4]ofthia section, hazardous chemical* and shall ensure {3}Tfrifofn& Employeetrefaingshell aa soon as circumstances permit that they are readily accessible during, include at Jessfr (3) It*neo-emergency sKwtfon* each week shift to employees when they (i) Metbodseodobeemtioos that may cbwnical maim&cturer* importer, or ore in their work areafek (Efectrcszk: be usedtedetect foe presence or reissue empfeyar shall, upon request, disclose a accees.intcrofich*.and other of a hazardous cbemfcslte thework . specific chemfeatidentity, otherwise area (such aemoniteringcanditctedby permittod tubewithhekt usxfes of the material safety dates the employer, continuous monitoring pareoaph fiKHofthi* section, to e permitted as long as nobarriers to devices, visas) eppettanoe or odorof heaite professional (ts. pbyufcfen. Immediate employe* access in each hazardous chemical* whenbring Industrial hygienist, toxtcotogfeC woricpteca are created by such options.! released, etc.); epidemiologist, or occupational health 00 A 044381 CONFrOFNTTAl _Feje^_R^gter^/jVgl:^59;_No. .27 / Wednesday. February 9, 1994 / Rules and Regulations 6177 nurse) providing medical or other occupational health services to exposed employee(8), and to employees or (4) The confidentially agreement has demonstrated adequate means to authorized by paragraph (l)(3)(iv) of this '"(SgfrOSHA determines that the section: designated representatives, 1 (1) May restrict the use of the specific chemical Identity requested (i) The request la In writing: information to the health purposes under paragraph fi){3) of this section is (U) The request describes with indicated In the written statement of not a bonafide trade secret, or that it is reasonable detail one or more of the need; a trade secret, but the requesting health following occupational health needs for (U) May provide for appropriate legal professional, employee, or designated the Information; remedies in the event of a breach of the representative has a legitimate medical (A) To assess the hazards of the agreement, including stipulation of a or occupational health need for foe chemicals to which employees will be reasonable pre-estimate of likely. information, has executed a written exposed; (B) To conduct or assess sampling of the workplace atmosphere to determine damages; and, confidentiality,agreement and has (iiljMay not include requirements for shown adequate means to protect foe foe posting of a Density bond. confidentiality of foe information, foe employee exposure levels; (5) NotiiIng in thij standard is meant chemical manufacturer, importer, or (C) To conduct pre-assignment or .to preclude the parties' from pursuing employee will be subject to citation by periodic medical surveillance of . non-oontrachial remedies to the extent OSHA. exposed employees;' permitted by law. (11) If a chemical manufacturer, (D) To proviaepwdlcal treatment to 4&) If the health professional, importer, or epployer demonstrates to exposed employees: employee, or designated representative OSHA that foe execution of a () To select crosses* appropriate receiving the trade secret information confidentiality agreement would not personal protective equipment for decides that there la a need to disclose provide sufficient protection against the exposed employees; It to OSHA, the chemical manufacturer, potential harm from foe unauthorized (F) To design or assess engineering importer, or employer who provided the: disclosure of a trade secret specific controls or outer protective measures for information shall be informed by the chemical Identity, foe Assistant exposed employees; and, healthprofessional, employee, or / Secretary may issue such orders or (G) To conduct studies to determine designated representative prior to. or at * impose such additional limitations or the health effects of exposure. - the same time as. such disclosure. conditions upon foe disclosure of foe (ill) The request explains in detail (7) If the chemical manufacturer, requested chemical information as may why the disclosure 01 the specific chemical Identity Is essential and that, importer, or employer denies e written' request ^disclosure of a spedfie be appropriate to assure that foe occupational health services are in lieu thereof, the disclosure of the following Information to the health . professional, employee,or designated representative, would not satisfy the chemical identity, foe denlalmust: (l) Be provided to foe health professional, employee, or designated representative, within thirty days of foe provided without an undue risk ofharm to foa chemical manufacturer.,importer, or employer. . (IlfIfa citation for a failure to release purposes described in paragraph (iX3)(tl) of this section; (A) The properties and effecU of the chemical; (B) Measures for controlling workers' exposure to the chemical; CO Methods ofmoaitoring and analyzing worker exposure to the chemical* and, (D) Methods of diagnosing and treating harmful exposure* to the rJnwnlMl; (lv) The request includes a description of the procedures to be used, to maintain the confidentiality of the disclosed Information; and, . (v) The health professional, and the employer or Contractor of the services of the health professional (La. downstream employer, labor organization, or individual employee), employee, or designated represent*tiva, agree in a request; (ii) Be in writing; (ill) Include evidence to support foe claim that foe'spodfic chemical identity is a trade secret; (iv) State foe specific reasons why foe request is being denied; and,. ' (v) Explain in detail how alternative Information may satisfy the specific medial or occupational health need without revealing foe specific chemical Identity.', (S) Tne health professional, employee, or designated representative whose . request for Information la denied under paragraph (iX3) of this section may refer foe request ami foa written denial of the request to OSHA for consideration. (9) When a health professional, employee, or designated representative refers foe denial to OSHA under paragraph (i)(8) of foie section, OSHA shall consider the evidence to determine specific chemical identity information is contested by foe chemical manufacturer, importer, or employer, foe matter will be adjudicated before foe Occupational Safety and Health Review Commission in accordance with foe Act's enforcement scheme and the applicable Commission rules of procedure. In accordance with foe Commission rules, when a chemical manufacturer, importer, or employer continues to withhold foe information during foe contest, foe Administrative Law Judge may review foe citation and supporting documentation In camera or issue appropriate orders to protect foe confidentiality of such matters. (12) Notwithstanding foe existence of a trade secret claim, a chemical . manufacturer, importer, or employer shall, upon request, disclose to foe Assistant Secretary any information written confidentiality agreement that i which this section requires the chemical the health professional, employee, or (i) The chemical manufacturer, manufacturer, importer, or employer to designated representative, will not use importer, or employer has supported foe make available. Where there la a trade the trade secret information for any' claim that the specific chemical Identity secret claim, such claim shall be made purpose other than the health need(s) is a trade secret; no later than at foe time the information asserted and agree not to release the (ii) The health professional, is provided to foe Assistant Secretary so information under any circumstances employee, or designated representative that suitable determinations of trade other than to OSHA, as provided in has supported the claim that there is a secret-status can be made and foe paragraph (0(6) of this section, except as medical or occupational health need for necessary protections can be authorized by die terms of the the information; and, implemented. agreement or by the chemical (iii) The health professional, (13) Nothing in this paragraph shall manufacturer, importer, or employer. employee or designated representative be construed as requiring the disclosure confAiob0n44t'5?p-^> 6178 Federal. Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations under any circumstances of process or percentage of mixture Information which is a trade secret (j) Effective dates. Chemical . manufacturers, importers, distributors, and employers shall be in compliance with all provisions of this section by March 11,1994. , Appendix A to $ ' --Health Hazard Definitions (Mandatory) . Although safety hazards related to the physical characteristics of chemical can be objectively defined In terms of testing requirements (e.g. flammability), health hazard definitions are less precise and more subjecdve. Health hazard* may causemeasurable changes In the body--such as decreased pulmonary function. These changes are generally indicated by the <. occurrence of signs and symptoms in the exposed employees--such as shortness of breath, a non-measurable, subjective feeling. Employees exposed to such hazards must be apprised ofboth this change In body function and the signs and symptoms that may occur to signal that change..' - , >' . I The determination ofoccupational health hazards Is complicated by the bet that many of the affects or signs ana symptoms occur commonly In non-occupationally exposed populations, to that affects of exposure are difficult to separate from normally occurring illnessat. Occasionally, a substance causes an affect that is rarely teen In the population at e, such aa angiosarcomas caused by vinyl id* exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however, the effects ere common, such as hmg cancer. The situation is farther complicated by the bet that most chemicals ' have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate these effects. There have been many attempts to categorize effects and to define them In various ways. Generally, the terms "acute" end "chronic" are used to delineate between effects on the beais of severity or duration. "Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration. The acuta effects referred to most frequently ere those defined by the American National Standards Institute (ANSI) standard for Precautionary of Hazardous Industrial Chemicals (Z129.1-19*5)-- irritation, corrosivity, sensitization and lethal dose. Although these ere important haalth effects, they do not adequately cover the considerable range of acuta effects which may occur ss a result of occupational exposure, such as, for example, narcosis. Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously a concern in the workplace, but again, do not adequately cover the area of chronic effect!, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy The goal of defining precisely, in measurable terms, svery possible health effect that may occur In the workplace aa a result of chemical exposures cannot realistically be accomplished. Ibis does not negste the need for employees to be Informed of such effects and protected from them. Appendix B, which Is also mandatory, outlines the principles and procedures of hazard assessment For purposes of this section, any chemicals which meet any of the following alse~finiUons. as determined by mthe criteria eseat forrth in Appendix B are health hazards. However, this is not intended to be an exclusive N categorization schema. Ifthere are available scientific data that involve other animal species or teat methods, they must also he evaluated to determine the applicability of thsHCS. 1. Carcinogen: A chemical is considered to be carcinogen If: (t) It has been evaluated by the International Agency for Research on Cancer (IARQ. and found to be a carcinogen or potential carcinogen: or (b) It isllsted as a carcinogen or potential carcinogen In the'Annual Report on * Carcinogens published by the National Toxicology Program (NTP) (latest edition); or, (c) It Is reguletad by OSHA es a cardnogen. 2. CbRosfve; A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemlcal action at the site of contact For example, a chemical is considered to be corrosive Ifr when tested on the intact skin of albino rabbits by the ' method described by the U.S. Department of Transportation in appendix A to 40 CTR part 173, it destroye or dienges irreversibly the structure of the tissue at the site of contact following en exposure period of four hours. This term shell not refer to action on Inanimate surfaces. . 3. fffghfytoxfor A chemical felling within any of the following categories: (a) A chemical that has a median lethal dose (LDyJ of 50 milligrams or less per ' kilogram ofbody weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has e median lethal dose (LDjo) of 200 milligrams or less per kilogram ofbody weight when administered by continuous contact for 24 hours (or lees 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 (LCso) in air of 200 parts per million by volume or less ofgas or vapor, or 2 milligrams per liter or lest 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 end 300 grams each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible inflammatory 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 rabbit! by the methods of IS CFR 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in IS CFR 1500.42 or other appropriate techniques. 5. Sensitizer: A chemical that causes a substantial proportion of exposed people or animals fo develop an allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical felling within any of the following categories: () A chemical that has > median lethal dose (LDso) ofmore than 50 milligrams per kilogram but not more than 500 milligrams per kilogram ofbody weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDso) ofmore than 200 milligrams per . kilogram felt not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (dr less if death occurs within 24 ' hours) with the here skin of albino rabbits weighing between two and three kilograms 'each. . (c) A chemical that has a median lethal, concentration (LCso) in air ofmore than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or men 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 onehour) to albino rats weighing between 200 and 300 grams each. 7. Target organ affects. The following it a target organ categorization of effects which may occur, including examples of signs arid symptoms and chemicals which have been found to cause such effects. These examples ire presented to illustrate the range and diversity of effects and hazards found In the workplace, and the broad scope employers - must consider in this arse, but are not intended to be all-inclusive, a Hepetotoxins: Chemicals which produce liver dsmage Signs k Symptoms: Jaundice; liver enlargement Chemicals: Carbon tetrachloride; nltroaamlnes b. Nephroioxina: Chemicals which produce Iddney damage Signs k Symptoms: Edema: proteinuria Chemicals: Hafogenated hydrocarbons; uranium c. Neurotoxins: Chemicals which produce their primary toxic effects on the nervous system .. Signs k Symptoms: Narcosis; behavioral changes; demease in motor functions Chemicals: Mercury; carbon disulfide d. Agents which act on the blood or hemato poietic system: Decrease hemoglobin function; deprive the body tissues of oxygen Signs k Symptoms: Cyanosis; loss of consciousness Chemicals; Carbon monoxide; cyanides e. Agents which damage the lung; Chemicals which irritate or damage pulmonary tissue Signs k Symptoms: Cough; tightness in chest; shortness of breath DO A 044383 4- CONFIDENTIAL '<*  Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6179 Chemicals: SLUcc asbestos of advene health affects shall be Industrial Hygiene and Toxicology, by PA. t Reproductive toxins: Chemical* which affect the reproductive cepebilltie* including chromosomal damage (mutation*) and affects on fetuses (tetetogeneeis). Sign* k Symptom*: Birth defect*; sterility Chemical*: Lead; DBCP " g. Cutaneous Chemicals which affect the dermel layer of the body considered in the evaluation, 3. Animal data: Human evidence of health effects in exposed populations Is generally not available for the majority of chemicaUproduced or used in the workplace. Therefore, the available result* of toxicological testing in animal population* shall be used to predict the Patty John WUeyfc Sons, Inc* New York. NY (Multivolume work).. Clinical Toxicology ofCommercial Products Gleason. Go*selin, and Hodge. Casarett and Doull'a Toxicology, Tha Basic Sdanca of Poison* Signs k Symptoms: Defatting of the skin; health effects that may be experienced Douli, Klaanan. and Amdur. Macmillan l rasher, irritation Chemical*: Ketones; chlorinated by exposed woriazs. m particular, the Publishing Co., Inc.. New York. NY. definitions of certain acuta hazards refer Industrial Toxicology, by Alice Hamilton and oompounda to specific animal testing results (aee . Harriet LHardy h. Eye hazards: Chemical* which affect the eye or visual capedty Appendix A). 4. Adequacy and repotting ofdata. Publishing Sciences Group, Inc-. Acton, MA. The results of any studies which are Chemicals: Organic solvents; adds designed and conducted according to established scientific principles, and Toxicology ofthe Eye, by W. Morton Grant Qiarie* C. Thomas, 301-327 East Lawrence ,, Appendix 3 to |i_ _--Hazard which report atatWfcu^rignificant Avenue, Springfield. IL. Determination (Mandatory) coodnslans regarding the health effects, Recognition of Health Hazard* in Industry The quality of{(hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The heard determination requirement of thla standard I* perfermance- oriented..Chemical manufacturers, importer*, and employer* evaluating chemical* are hofrequired to follow any specific method* for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the chemical* produced or imported in accordance with the criteria set forth in this Appendix. Hazard evaluation is a process which relies heavily on the professional ent of.the evaluator, particularly area of chronic The performance-orientation of the hazard determination does not diminish the duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible `evaluation. For purposea 'of this standard, the following criteria shall be used in making hazard determinations that meet the requirements,ofthis standard. 1. Carcinogenicity: As described in paragraph (d)(4) of this section and of a chemical, shall be a sufficient basis . for a hazard detrimlnrifon and reported on-any material safety data sheet In vitro studies aforfe generally do not form the basts far a definitive findingof hazard under the HGS rince they have. a positive or negative result rather than a statistically significant finding. The chemlcafroarnifacturer, importer, or employer mayalso report the results of other scientifically valid studies which tend to refute the finding* of hazard. Appendix C to fInformation Sources (Advisory) The following is a list of available data source* which the chemical manufacturer, importer, distributor, or employer may wish to consult to evaluate the hazards of chemicals they produce or import: --Any information in their own company files, such as toxidty testing results or illness experience of company employee*. . --Any information obtained front the supplier of the chemical, such as . material safetydata sheets or product safety bulletins. --Any pertinent information obtained from the following source list (latest editions should be used): William A. Bntgess, John Wlby and Sons, SOS Third Avenue, New York. NY 10158. Chemical Hazards of the Workplace Nick H. Proctor and Jamas P. Hughes, JJ*. Uplncott Company, 6 Winchester Tense*, New York, NY 10022. Handbook ofChemistry and Physics Chemical Rubber Company, 18901 Otnwood Paikway, Cleveland. OH44128. Threshold limit Values far Chemical Substance* and Physical Agents in the Work Environment and Biological Exposure Indices with Intended Cherts American fiwnfafnw fVwwifTwital Industrial Hygienists (ACGIH). 6500 Glenway Avenue, Bldg D-5, Cincinnati. OH 45211. Information on tha physical hazard* of chemicals may be found in publications of the National Pin Protection Association, ' Boston, MA. Note: The following documents may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Occupational Health Guidelines NIOSH/OSHA (NIOSH Pub. No. 81-123). N10SH Pocket Guide to Chemical Hazards NIOSH Pub. No. 90-117. Registry ofToxic Effects ofOiemlcal Substances (Latest edition) Appendix A of this section, a 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 section. In addition, however, ell available scientific data on carcinogenicity must be evaluated in accordance with the provisions of this Appendix and the requirements of the nu& 2. Human data: Where available, Condensed Chemical Dictionary Van Noetrand Reinhold Co.. 135 West 50th Street, New York, NY 10020. The Merck Index: As Encyclopedia of Chemicals and Drugs Merck and Company. Inc., 128 E. Lincoln Ave., Rahway, NJ 07065. IARC Monographs on the Evaluation of the Carcinogenic Risk ofQramlcal* to Man Geneve: World Heelth Organization, International Agency for Research on Cancer, 1972-Present. (Muhtvohuue work). Summaries are available in supplement volume*. 49 Sheridan Street. Albany. NY Miscellaneous Documents published by the National Institute for Occupational. Safety and Health: Criteria documents. Special Hazard Reviews. Occupational Hazard Assessments. Current Intelligence Bulletins. OSHA't General Industry Standards (29 cJ-H Fart 1910) NTP Annual Report on Carcinogens and Summary of the Annual Report on Carcinogens. National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, epidemiological studies end case reports 12210. VA 22181; (703) 487-4650. DO * 0Aifl ;0NFIDEnTIAL 618a Federal-Register / Vol. 59, No. 27 / WeKiDesdayrPebriiary''-9, i^94 ;/ Rules tod Regulations BfoGographfc databases service provider Fie name Bbliographie Retrieval Services (BRS), 1200 Route 7, Latham. NY Biosis Previews \ 1211a CA Search Medars ' NT1S .. Hazardbne ' American Chemical Society . Journal:./. v ExcerptaMedica. . IFtCS Mpdcal Science Journal PtfrMed . Inti Pharmaceutical Abstracts . . Paper Chem Lockheed-DlALtJG Information Service, Inc., 3460 Hittview Avenue. Bioais PWV. Flea - - Paid Alto, CA 04304. ; . CA Search Ftieti * ., CAB Abstracts. : Chemical Eigxrsure ... Chemname. ChemsIs^FBes Chamzaro- . EmbaseFles' Environmental BfcBdgr^ihies ' Envirolne' federal Research in Progress ' ^ > . IRLUfeSdenee Cotiecticn NITS* Ocopetlond Safety and Health (N10SH) Paper Chem SDC-ORBIT, SOC Information Service, 2500 Colorado Avenue, Santa CASfBes Monica. CA 90406. '** a ` t * * Chemdex,2,3 ' ' NITS National Ubrary of Medktine ..... ...............................:----------------- Hazattfous Substances Data Bank (NSOB) Department ot Health and Human Services, Public Health Service, Na Medina Fles tional Institutes of Health, Bethesda, MO 20209. Toxflne Flea Cancertt RTECS Chemlne Pergamon International Information Corp., 1340 Old Chain Bridge Rd, Laboratory Hazard Buletin McLean, VA 22101. Questet, hit, 1625 Eye Street, NW, Suite 818, Washington, DC 20006 CtSflLO Cancemet Chemical Information System K> 0CtS), Bureau of National Affairs, Structure and Nomandatua Search System (SANSS) 1133 15th StreeL NW. Suite 300, Washington, DC 20005. Acute Toxidty (RTECS) Ctinicai Toxicology of Commercial Products Otiand Hazardous Materials Technical Assistance Data System CCRIS ' . CESARS Occupational Health Services, -400 Plaza Drive, Secaucus. NJ 07094 MSOS, HazarcSne Appendix D to' f________ --Definition of "Trade Secret* (Mandatory) The following is s reprint of the Restatement of Torts section 757, comment b (1939): b. Definition of trade secret A trade secret may consist of any formula, pattern, device or compilation of Information which is used in one's business; and which gives him an opportunity to obtain an advantage over competitors who do not know or use it It may be a formula for a Chemical compound, a process of manufacturing, treating or preserving material*, a pattern for a machine or other device, or a lift of customers. It differ* from other seaet information in a business (see s759 of the Restatement of Torts which is not included In thi* Appendix) in that it 1* not simply information a* to single or ephemeral event* in the conduct of thebusiness, as, for example, the amount or other terms of a seaet bid for a contract or the salary of certain employee*, 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 Uke. A trade secret is a process or device for continuous use la the operations of the business. Generally it relates to the production ofgoods, as, 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 discounts. rebates or other concessions in a price list or catalogue, or e list of specialized customers, or method of bookkeeping of other office management Secrecy. The subject matter of a trade secret must be secret Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as Us aeaeL 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 business In which it is used. It Is not requisite 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. OO A 044385 CONFIDENTIAL Federal Register / VoL -59, .No. 27i /.Wednesday; February 8, 1994 /, Rules and Regulations 6181 Others may slao know of it independently,, . Knowledge acquired under the HCS will -"'''t*"1*-'* Tl--4 m----- that you as, far example, .when they have discovered help employers provide safer workplace* for have the flexibility to adapt tbs rule to the the prooMa or formula by Independent their employee*! When employer* nave need* ofyour workplan*, rather than having Invention and are keeping it SKxet. , information about the chemicals being used, to follow specific, rigid requirements. It also Neverthaleer, a substantial element of secrecy they can taka (tap* to reduce exposure*, means that you have to exercise mote muit exist. o that, except bv the uae of substitute lets hazardous materials, and' judgment to Implement an appropriate and improper means, there would be difficulty in establish proper work practice*. These effort* effective program. - acquiring the information. An exact ' will help prevent the occurrence of work* The standard's design la simple. Chemical definition of a trade secret l* not possible.' related illnesses and injuries caused by manufacturors knd Importers must evaluate Some factor* to be oonaidend In determining chemical*. the hazards of the they produce or whether given information 1* one'* trade 1 The HCS addresses the Issue* of evaluating import Using that information, they must secret aret (t) The extent to which the.. and communicating hazard* to worker*.: then preparelabels for containers, and more information 1* known outride of hi* business; Evaluation.pf chemical hazards lnvplve* a . detailed technical bulletins called material (2) the extent to which it U known by.. number of technical concepts, and it a safety data sheets (MSDS). employee* and other* involved in hi* ' process thal require* tha professional Chemical manufacturers. Importers, and business; (3) the extent of measures taken by judgmenlof experienced expert*. That'* Why distributor* ofhazardous chemicals are all him to guardth* secrecy of the Information; tha HCS it designed sothat employer* who' required to provide the appropriate labels (4) the value of the information to him end 'simply ua* chemicals, rather than produce or ana material,safety dita meets to the hi* competitors; (S) the amount of effort or import dwm. aie pot required to evaluate tha 'employer* to whldithey ship the chemical*. ' money expended by him-in developing the . hazards thoaa chemicals. Hazard infonnetion; (8) the eeie or difficulty.with- , , 1. ril* MpnMlKtUft ftf the. The information Is to be provided. ` automatically. Every container ofhazardous which the informationcould be properly ' :prbducir* and importer* of tha materials. - chemicals you receive must be labeled, acquired or duplicated by other*. , Aforofty and prior A trade eeaet may ( be a device or process which U patentable; ' but it need not be that. It may be a device . Producer* and Importers ofchemical* are then requiredJto provide the hazard inform*tiodi.to employers thstpurchaM their prodqct*c '} , tagged, or marked with die required information. Your supplier* must also send you a property completed material safety data sheet (MSDS) at the time of the first ' or prooeat which ia clearly anticipated in the EmplqyersJthat don't produce or import prior art or one which la merely e mechanical "r^whiawJieMdnly foyue oh those part* of improvement that a good mechanlccan ; ^ - the rule that deal With establishing a maka. Novelty and invention are not - ' workplace program and communicating requlrite for trade eeaet ee they,ere for : . . information to their workar*. This appendix' patentability. Theee requirement* are ia a general guide for such employer* to help essential to patentability because a patent . them determine what'a required under the protect* egelnet unlicensed u*e of the rule. It doe* hot supplant or substitute far tha patented device or process even by one who regulatory provision*, but rather provides a discover* it property through independent ' research. The patent monopoly U reward to the inventor. But tuch'U not the case with ' a trade secret. Its protection ia not baaed on a policy of rewarding or otherwise simplified outline of tha step* an average employer wcaild follow to meet thoee requirement*; ; I. Becoming Familiar Wtth Th* Rule. encouraging the development of aecret OSHA ha* provided a simple summary of prpceeeet or devices. The protection li <. the HCS In a pamphlet entitled "Chemical merely against breech of faith and reprehensible means of learning another'* Hazard Communication," OSHA Publication shipment of the chemical, and with tha next shipment after the MSDS is updated with newend significant Information about the hazard*. You can rely on the Information received from your suppliers. You have no independent duty to analyze the chemical or evaluate the hazard* of it Employer* that "use" hazardous chemicals must have a program to ensure the .information 1* provided to exposed . employee*. "U**" mean* to package, handle, react,'ot trenafar.ThU'le an Intentionally broad scope, and Include* any situation where e chemical is present In such a way that employee*'may be exposed under . normal condition* of use or in a foreseeable secret For this limited protection it la not appropriate to require also the kind of novelty and invention which ia a requisite of patentability. The nature of the secret is, however, an important factor In determining the kind of relief that ia appropriate against one who is eubfect to liability under the rule stated in this Section, Thus, if the secret consists oft device or process which 1* a novel Invention, one who acquires the seoet begin to become familiar with the raid** requirement* by reading this pamphlet. A copy mayhe obtained from your local OSHA Area Office, or by contacting the OSHA Publication* Office at (202) 52J-0M7. The standard !* long, and soma parts of It are technical, but the baric concepts are simple. In fact, the requirement* reflect what many maaUiytn have been doing for year*. You mayfind that youtre already largely In emergency. The requirements of the rule that deal specifically with tha hazard communication program are found in this section in paragraphs (a), written hazard communication program; (f), label* and other forms of warning; (g), material safety date sheets; and (h). employee Information and training. The requirements of these paragraph* should be the focus of your wrongfully i* ordinarily enjoined from - codiplianci with many of tha provisions, and attention. Concentrate on becoming familiar further use ofit and is required to account will simply have to modify your existing with them, using paragraphs (b), scope and for the profits derived from his past uae. If, on the other hand, the secret consists of , mechanical improvements that 4 good . . mechanic can main without resort to the programs rocnewbaL Ifyou are operating in an OSHA-approved State Plan Stats, you must comply with the State's requirement*, which may be different than those of the application, and (c). definitions, as references when needed to help explain the provision*. Thar* are,two types of work operation* where the coverage of the rule is limited. secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the Improvements made with the aid of the aecret may be inappropriate. Federal rule. Many of tha State Plan State* had hazard communication or "right-to- know** law* prior to promulgation of tha Federal tula. Employ* in State Plan State* These are laboratories and operations where chemical* are only handled In sealed container* {04., i Warehouse). The limited provisions for these workplace* can be found Appendix E to $. .(Advisory)-- Guideline* for Employer Compliance should contact their State OSHA office* for mote information regarding applicable requirements. in paragraph (b) of this section, scope and application. Basically, employer* having these types of work operations need only The Hazard Communication Standard Tha HCS requires information to be keep labels on containers as they are (HCS) U based on a simple concept--that prepared and transmitted regarding all received; material safety date sheets employee* have both a need and a right to hazardous chemical*. The HCS cover* both that are received, end give employees access know the hazard* and identities of the physical hazard* (such as flammability); and to them; and provide infonnetion end chemical* they are exposed to when working. health hazard* (such as irritation, lung training for employees. Employers do not They also need to know what protective damage, and cancer)- Moat chemical* used in have to have written hazard communication measure* are available to prevent adverse the workplace have some hazard potential, program* and lists of chemicals for these effect* from occurring.'The HCS is designed and thus will be covered by the role. types of operation*;' to provide employees with the information One difference between this rale and many The limited coverage of leboratories end they need. others adopted by OSHA i* that this one is sealed container operations addresses the Q4A38& DO A qp^vs. ao conf "f k,l V\T 'll A"'. f"' ; I? `H t. *Hv t: *fe- 6182 Federal. Register J ypt 59, No. 27 Wednesday; February a,-1994 / Rules and Regulations obligation of an employer to the workers in. chemical* in all physical farms liquids, the written plan requirement* are tba operations involved, and.doea not affect eotids, gaee*. vapor*, fume*, and mists--' laboratories and work operations when the employer's duties as a distributer of. whether they are "contained" op pot The employeee ooiy handle chemicals fa seeled chemicals- For example, * distributor may hazardous nature ofthe chemical end the containers. See paragraph (b) of this section have warehouse operations where employees potential far exposure an tbe fettari which scope and eppHcetion, faf the. specific would be protected under tba limited seeded determlne whether e chemical to covsredL If requirements for these Iwd types of contalnerprovislon*- fa. this situation, It's not hazardous, it's notcovsrpd. Ifthere wmkpla - requirement* fat add maintaining MSDS* an limited to providing access to cfaeiJEd^tomSS^^tiounifind cannot be Tbe plan does not have to be lengthy or complicated. It to intended to be * blueprint those received with container*,while ihd released), ths rule does not cover the substance (a In tba workplace. and requesting that all aspects ofthe requiremra MSDSa when employee* request access for Lodi around. Identify chamlcafato hem been addressed.- ' ' tboae not received with the container!. containers, including pipes, but atoothink ' Many trade sesodatlcos and other However, as a distributor of hazardous - about chemicals generated in tbe work chemicals, that employer will still have operation*. Per example, welding tomes, program* end other sssltfiince materials to responsibilities lor providing MSDSa In dusts, and exhaust fame* are all equroes of affected employers. These ham been very downstream customers at the time of tba first chemical exposures. Heed Ubeto provided by halpfal to many employer* since they tend t shipment and when the MSDS is updated. suppliers for hazard Information. Make altot be tailored to the particular industry Therefore, although they may not be inquired ofell chemicals In the workplace that are involved. You may wish to investigate far the employees in the work operation, tba potentially hazardous. Pair your own whether your industry trade group* hem distributor may. nevertheless, have to have information and planning you may also went developed such materials.' MSDSa to satisfy other requirements of the to note co the list the locattaato) of the Although such general guidancemay be tula. 2. Identify Responsible Staff , product* within the workplace, endan indication of the hazards as found on the label This will help you at you prepare the helpful;you must remember that the written programhas fa reflect vrbiet you afe doing fa your workplace. Therefor*, ifyou use a; Hazard communication to going to bee- rest ofyour program.. generic'program it must be adapted to ooatioulng program in your facility. Pengraph(b)ofthto*edion.*a*end address thefacilltyHoovervPar.i Compliance with the HCS is not a "on* shot appttcetku. includes exemptions m verfous ' d**L" In order to have e successful program, chemical* or workplace sttuetions^After who le'to be' it will be necessary to assign responsibility 1 compiling the completvltotofchemicals, you responaible far tba'varied* aspetfa of the far both tbs Initial and ongoing activitiee mat should review paragraph (b) of this section to progremlh your fadlityi and fadtoet* whore have to be undertaken to comply with the determine ifany of theitems cambe .. . written materials will betoacfeavailablelo rule. In some cases, these activities may . eliminated from tba list bacauae they are emnlbyeeia. already be part of current Job assignments. exempted malarial*, For example, food, Par example, site supervisors are frequently . drags, and cosmetics hroughMnto the - If OSHA inspects your workplace for compltono* with tbe HCS, tb OSHA - responsible for on-the-job training wisiren workplace far employee consumption ere compltono* officer will, ask to see your Eany identification ofthe responsible, exempt So rubbing alcohol In the first aid left written plan at tbe outset of the Inspection. employees, and involvement of than in the would not be covered. In general the following heme will be development ofyour plan ofaction, will Once vuu have compiled as complete a list considered in evaluating ypuir program. result in a mare affective program design. as possible of the potentially hazardous The written program must'describe bow Bvahutkm of the effectiveness of your chemicals In th* workpiece, tbs next step to tbe requirements far label* and other farms program will also be enhanced by to determine ifyou ham received material of warning, meterial safety data sheets, end Involvement of affected employees. safety data sheets far all of tbem. C2rack your employee information and training, are gofaf For any safety and health program, succaas file* against thrInventory you have fast to be met fa your facility. Tbe following depanda on commitment at every level of the compiled. Ifany are missing, contact your discussion provide* tbe type of Information organization. This is particularly true far supplier and request one. It l a good idea to compliance officers will be looking far to heard communication, where success document these requests, aitbwbyoopy ofa decide whether these elements of the hazard requires a change in behavior. This will only letter ore note regarding telephone. , y . communication program have been property occur if employers understand the program, conversation*. If youhave MSDSs far addressed: and sue committed to its succaas, and if employee# are motivated by the people chemicals that art hot on youitisCBgnr* out why. Maybe you don't ttoe the chemical A. Laheb and Other Forme of Warning presenting tba Information to them. anymore. Or maybeyonmissed it kn your fa-pfant contain** of hazardous chemical 3. Identify Hazardous Otemicab in the Wotkfdooe. The standard requires a list of hazardous chemicals in the workplace as pert of tba survey. Some supptisn do provide MSDSa far products that are hot hazardous. These do not hem to be maintained by yoo. You should not allow employee* fa.use any chemicals far which you have not must be labeled, tagged, or marked with the identity of the meterial end appropriate hazard warnings. Qwmfcal manufacturers, importers, and distributors ars required to ensure that every container of hazardous written hazard communVatkm program. The received an MSDS, The MSDS provide* list will eventually serve as an inventory of information you need to ensure proper chemicals they ship to appropriately lebeled with such information and with the name everything for which an MSDS must be protective measures era implemented prior to and address of the producer or other maintained. At this point, however, expomire. responsible party. Employer* purchasing preparing the Hat will help you complete the rest of tbe program since it will give you tome Ides of the scope of the program 4. Preparing and implementing a Hazard Communication Program chemical* can rely on the labels provided by their suppliers. If the material to subsequently transferred by th* employer required for compliance in your facility. All workplaces where empkriees ere from a labeled container to another container Tbe beat way to pcepara a comprehensive exposed tohazardous chemicals must bam a the employer will have to label that contefae; list is to survey the workplace. Purchasing written plan which describe* bow the unless it to-subject to the portable container records may also help, and certainly standard will be implemented in that todlity. exemption. See paragraph (Q of this section employers should establish procedures to Preparation of a plan to not Just a paper for specific labeling requirements. ensure that in the foture purohasing exercise--ell of toe elements must be Tbe primary information to be obtained Erocedura* result in MSDSa being received store a material to used in the workpiece. Implemented in tbe workpleoe'fa order to be from an OSHA-requlred label is in identity In compliance with the rule. See paragraph far tbe materiel end appropriate hazard The broadest possible perspective should (e) of thif taction far the specific - warning*. The identity to any term which be taken when doing the survey. Sometimee requirements regarding written hazard appear* on tbe label thsMSDS, and tbe list people think of "chemicals" as being only communication programs. The only work of chemical*, and thus links these three liquids in containers: The HCS cover* - operations which do not hern to comply with sources of information. The Identity used by DO A 044387 CONFIDENTIAL Federal Register /- Vol. `SQ. No, 27 /: Wednesday, Fdbraary 9, 1994 / Rulesand- Regulations 6183 the supplier mer be a common or trade name request one. Ifyou receive one that is: programin terms of MSDSs Is to ensure that ("Black Magic Formula"), or a chemical obviously inadequate, with, for example someone is responsible for obtaining and name (l.t.fc-triehloroethane). Ths.hazard blank spaces that are not completed, you maintaining the MSDS* for every hazardous warning it a brief itatemeht of the hazardous should request an appropriately completed chemical in the workplace. The list of effect! of the domical (`flammable," "causes one. If your request for a data sheet pr for a hazardous chemicals required to be lung damage")- Labeia frequently contain corrected data sheet does not produce the maintain.,* aa pert of the written program other Information, inch at precautionary Information needed, you should contact your will serve as an Inventory. As new chemicals measure* ("do not uee near open flame"), but local OSHA Are* Office far assistance In are purchased, the flit should be updated. thii information it provided voluntarily and obtaining the MSDS. Many companies hay* found It convenient to la not required by the rule. Labels mUat be The role of MSDSs under the rule Is to= include on their purchase order* the name * legible, and prominently displayed. There are provide detailed Information on each ,: and address of the person designated in their no specific requirement! for tire or color, or hazardous chemical. Including its potential company, to.receive MSDS*. any specified text With theee requirement! in mind, the - hazardous effects, Its physical knd chemical characteristics, and recommendations for. C Employee Information and Training compliance officer will be looking for the appropriate protective meesuree^ihl* . Each employee .who may be "exposed" to following type* of Information to eruure that Information should be useful.to you artbe - hazsrdporchamlcal* whefi'working must he labeling will be property implemented in employer responsible for designing . provided Irifonhatibh and trained prior to your fociilty; ' 1. Designation of penon(t) responsible fof enturing labeling of In-plantcontainer*; pnxecdveprograms, as well as to the *r Initial assignment to wbMt with a hazardous workers, if you are not fomlllsr with material' chemical, and erittnever the hazard change*. safety data sheets and with chemical Waimawea1*m VwwiuJn. iln*ln tke ml* 2. Designation otperson(s) responsible for terminology, you may need to laani to uae ' ensuring labeling of any shipped containers; 3. Description oflabeling systemfs) used; 4. Description ofWritten alternatives (o labeling of in-plant oobtsinere (if used); and, 5. Procedures to review and update label Infonnationwbeirneoeaaary. - Employers that ere. purchasing and using hazardous chemicals rather than producing or distributing them---will primarily be concerned with ensuring that every purchased container is labeled Ifmaterials are transferred Into other containers, the' them yourself. A glossary of MSDS terms may be helpful In this regard. Generally speaking, roost employers using hazardous chemicals will primarilybe concerned with MSDS information regarding hazardous effect* and recommended protective measures. Focus on the sections of the MSDS that are applicabla to your situation. . MSDS* must be readily accessible to , employee* whan they ere in their work area* during their workshirta. This may be accomplished in many different ways. You must decide what is appropriate for your employer must ensure that these are labeled . particular workplace. Soma employer* keep es welt unless they foil under the portable the MSDS* In a binder in a central location employment through any route ofentry (Inpeletion. ingeetton. akin contact or . absorption, etc.) and Include* potentialfe.g., accidental 6t possible) exposure." See paragraph^ ofthU section for specific requirement*. Information and tralnlngmay .be done either by individual chemical, or by categories of hazards (such at flammability or cerdnogenldtv). If there art only a few chemicals la tba workplace, then you may want to dlacuat each one Individually. Where them are large numbers of chemicals, or the chemicals change frequently, you will probably want to train generally baaed on the container exemption (paragraph (f)(7) of this section). In terms of labeling systems, you (*.g, in the pick-up truck on a construction site). Other*, particularly in workplace* with hazard categories (eg.,flammable liquid*, corrosive material*, carcinogen*). Employees can simply choose to use the labels provided lame number* ofchemicals, computerize the . will haveaccess to the substance-specific by your suppliers on the containers. These information and provide access tnrough information on the label* and MSDSs. will generally be verbal text labels, and do terminal*. Aa long ae employee* can get tba Information and training is a critical part not usually include numerical rating systems information when they need It, anyapproach ofthe hazard communication program. or symbols that require special training] The may be used. The employee* muit have Information regarding hazards and protective most important thing to remember is that this aepess to the MSDS* themselves--simply measure* are provided to worker* tnrough is a continuing duty--all in-plant containers having t system where the information can written label* and materiel safety data sheets. of hazardous chemicals must always be be reed to them over the phone if only However, through effective information and labeled Therefore, It is important to . permitted under the mobile worksite training, worker* will learn to read and designate someone to be responsible for provision, paragraph (g)(0) of fhl* section.. understand such information, determine how ensuring that the labeia are maintained ** when employee* must travel between it can be obtained and used in their own required on the containers in your facility,` workpieces during the shift In this situation, workpieces, and understand the risk* of and that newly puichaaed materials are they nave access to the MSDSs prior to exposure to die chemicals in their - checked for labsla prior to use. leaving the primary worksite, and when they workpieces aa well as the way* to protect B. Material Safety Data Sheets Chernies!manufacturer* and importers are required foobtaln or develop a material safety data sheet for each hazardous chemical they produce pr import. Distributors ate responsible fobensuring that their customers are provided a oopy of those MSDSs. Employer* must have an MSDS for each hazardous chemical which they use. Employer* may rely on the information return, so the telephone system is simply an themselves. A property conducted training emergency arrangement program will ensure comprehension end In order to ensure that you have a current understanding. It is not sufficient to either MSDS for each chemical in the plant as just read material to the workers, or simply required, and that employe* access is hand them material to read. You want to provided, the compliance officers will be aeata a climate where worker* feel free to looking for the following types of inform*tion . ask questiona. This will,help you to ensure in your written program: that the information la understood. YouTnust 1. Designation of personft) responsible for always remember hat the underlying obtaining and maintaining the MSDSs; purpose of the HCS Is to reduce the 2. How such sheets ere to be maintained' incidence of chemical source Illnesses and received from their suppliers. The specific in the workpiece (e.g., in notebooks in the injuries. This will be accomplished by requirements for material safety data sheets work'area(tj or In a computer with terminal modifying behavior-through the provision of are In paragraph (g) of this section. access), and how employee* can obtain hazard and informadon about There Is no specified format for the MSDS access to them when they are In their work ' protective measure*. If your program works, under the rule, although there are specific ue during the work shift; you and your workers will better understand Information requirements. OSHA has 3. Procedures to follow when the MSDS is the chemical hazards within the workplace. developed a non-mandatory format, OSHA not received at the time Of the first shipment; The procedures you establish regarding, for Form 174, which may be used by chemical 4. For producers, procedure* to update the example, purchasing, storage, and handling manufacturers and Importers to comply with MSDS when new and significant health of these rhamifl* will improve, and thereby the rule. The MSDS must be in English. You information is found; and. reduce the risks posed to employees exposed are entitled to receive from your supplier a 5. Description of alternatives to actual data to the chemical hazard* involved! data sheet which Includes all of the ' sheets in the workplace, if used. Furthermore, your workers' comprehension information required under the rule. If you For employer* using hazardous chemical*, . will also be increased, end proper work do not receive one automatically, you should the most important aspect of the written practice* will be followed in your workplace. D0 A 044388 confidential. 6184 Federal Register / Vol. 59, No. 27 / Wednesday. February 9, 1994 / Rules and Regulations tfyou are going to doth* training yourself, information is required under tba HCS. For you will have to understand the materia) and example, construction ampfoyers that are be prepared to motive!* tba worker* to learn. already In compliance with tba construction ThU U not always an easy task. but tba training standard (29 UK 1924L21) will have benefits are wosth the effort. Moca little extra training to da Information regarding appropriate training Ah employer can provide employees can be found In OSHA Publkatlon No. 2254 information and training through whatever which oobtains voluntary training guidelines means are found appropriate and protective. prepared by OSHA's Training Institute. A Although there would alwsyi have' to be copy of thU documeht U available from some training on-site (such as Informing - OSHA's Publications Office at (202) 219- employees ofthefocatioo and availability of 4087, the written program and MSDSs), employee In reviewing your written program with training may be satisfied In pert by general regard to Information and training, the training about the requirements of th* HCS ' following items need to bo considered: and about chemical hazard* on the )ob which 1. Designation ofpenon(s) responsible for is provided by, for example, trade'.' . conducting training associations, unions, colleges, and 2. Fonnat of the program to be used professional school*, bt addition, previous . (audiovisuals, classroom Instruction, etch training, education and expaiencs of e * 3. Elements of tbs training program (should worker may relieve tb# employer of some of be consistent with the elements in paragraph the burden# of informing and training that (h) of thU taction); and. worker. Regardless of the method relied 4. Procedure to train new employees at the upon, however, the employer is always; - time of their initial assignment to work with ultimately responsible for ensuring that s hazardous chemical, and to train employees employees tie adequately trained,!/the ' when a new hazard is Introduced into the complianca officer fords thM the training U workplaces. i. -dsficknt. the employerwill bfeitod for the ; The written program Should provide deficiency regard)*** qfwho actually' ,r` enough details shout the employer's plans in provided the training on behalfofthe .- : this area to assess whether or not a good faith employer.. effort is being made to train employees. OSHA doe* not expert that every wocker will D. OtherRequirements ... be able toredte all of the information about far addition to theea specific hems. -. each chemical In tba workplace. In general, compliance officen will also be asking lb* the moat important aspects oftraining under following question* In attesting th* the HCS are to ensure that employees are adequacy of the program:" ` aware that they an exposed to harardous Doe* a list of the hazardous chemicals exist chemicals, that they knowhow to read and in **ch work ire* or at a central location? urn labels and material safety data sheets, Are method* the employer will use to and that, ss a consequence of teeming this inform employee* of the hazard* ofnoa- Information, they era following the routine tasks mitUnadT . appropriate protective measures established Are employee* informed oftbs hazards . by the employer, OSHA compliance officers associated with chemical* contained In will be talking to employees to determine if uniabeied pipe* In their work sreasT they have received training, if they know On multi-employer worksites, has the. they are exposed to hazardous chemicals, employer provided other employers with and if they snow where to obtain substance* Information about labeling lyetems and specific information on labels end MSDS*. precautionary measures where the other The rule does not require employer* to employers have employe** exposed to the maintain records ofemployee training, but Initial employer's chemlcaleT . many employers choose to do so. This may It the written program made available to help you monitor your own program to employee*'and their design*tad ensure that all employee* are appropriately representative*? * trained. Ifyou already have a training If your program adequately addraue* th* program, you may simply have to means of communicating information to supplement it with whatever additional employee* in your workplace, and provides --- w me dk quesooos outlined above. It will b* found to fa* in comntianca with th* rule. 5. Checklistfor Compliant* Th* following checklistwill help to ensu you ore In compliance with the ml*: Obtained a copy of th* rule. Heed and understood tb* requirements. Assigned respoosibilityfor tasks. Prepared an inventory ofchemicals. Ensured containers are labeled. : Obtained MSDS for each chemical. Prepared written program.________ Made MSDS* available to workers. Conducted training ofworkers.. Established procedure* to maintain cement ' program; = ' . ' Established procedures to evaluate efiertlvenesa. ~ ' 6. FurtherAssistance Uyouhevee question regarding compliance with th* HCS, you should contort your local OSHA Area Office for assistance.Jar addhlco. each OSHA Region* Office has a Hazard Communication Cobrdmatorwbo can answeryour questfooi Pra# consultation service* are also available to assist employers, and information , regarding thaae service* An be obtained through th* Area and Regional offices a* The telephboe number far the OSHA affic daeeetto you should be fisted in your local telephone directory, ifyou *r* not able to obtain this information, you may contact OSHA's Office of informaboo and Consume Affair* at (202) 219-8151 for further aaetstapc* in identifying th* appropriate '**>" A In S 1925.21, paragraph (a)(S) i* republished forth* cooventasc* of the user to teed ae follower J192A21 Appdcahie standard* in 29 CPF Pmtlftia (a) * (5) Hazard communication-- $ 1910.120a (PR Doc. 94-2273 Filed 1*8-94; 8:45 ami A 044389 c0NFrDFNTIAL