Document jgzNVpqqVdgZMjvJvLX6Nk345

2030 DOW CENTER July 7, 1993 The_ Dow Chemical Company Scalane V'Cf'Qar -267a POSITION OF THE DOW CHEMICAL COMPANY ("DOW) ON OSHA PERMISSIBLE EXPOSURE LIMITS CPELs") OSHA published the final Air Contaminant Rule (29 CFR 1910.1000) in September of 1989. This rule revised or set Permissible Exposure Limits (PELs) for over 400 chemicals. Shortly after the final rule was published, a number of groups (Unions and Industry Associations ) sued OSHA on various aspects of the rule. After an extensive legal process, on July 7,1992 the Eleventh Circuit Court of Appeals ruled that OSHA's approach in the Air Contaminants Rule was flawed and was not consistent with the requirements of the Occupational Safety and Health Act. Consequently, the PELs established in the 1989 rule were struck invalid. The ruling of the Court had been stayed pending an appeal by OSHA. OSHA appealed for rehearing by the Eleventh Circuit Court but was denied on October 23,1992. OSHA then began exploring the possibility of an Appeal to the Supreme Court during which time a stay of the Court's decision remained in effect. However, on March 22, 1993, the Justice Department decided not to ask the Supreme Court to review the Appeals Court decision. This decision was made over the objections of both the Department of Labor and OSHA. As a result of this court decision, the PELs established in 1989 are no longer enforceable and revert to their pre-1989 limits. For 164 of the 376 substances, there were no limits prior to 1989, and therefore, there will be no regulatory limits for these materials. It is important to note that while the 1989 PELs are not enforceable on a Federal level, approximately 13 states will continue to enforce them including Michigan, Minnesota, California and Connecticut. OSHA is currently reviewing its options regarding the PELs. Individual rulemaking for each chemical is the typical approach but this would surely take many years to accomplish. Further a legislative solution has been proposed as a part of the larger OSHA reform bills. Other possible enforcement mechanisms may include actions under the General Duty clause of the OSH Act if OSHA determines that workers are not being adequately protected. OSHA has promulgated a Question and Answer document to no a or-sic-. conftdfntta; July 7, 1993 Page 2 assist employers and other interested parties to understand the implications of the decision. We have attached this Q&A to this letter for your convenience . OSHA clearly states that they are optimistic that few employers will roll back improved employee protection in the form of the PELs. The Dow Chemical Company will not take the 1989 PELs off its MSDSs. These PELs remain on the MSDSs because Dow believes in many cases the 1989 PELs are more protective of employees and our customers than the former levels set in 1971. Dow's MSDSs will contain a statement indicating that PELs given in the MSDS distributed by The Dow Chemical Company are "in accord with those recommended by OSHA, as in the 1989 revisions of the PELs." Dow supports and encourages its customers to continue to comply with the 1989 PEL levels. If you have any questions, please contact your Dow representative. Richard D. Olson Project Manager 517/636-8295 dhr attachment Attorney 517/636-2079 DO A C DDF T OF NTT a: 6170 Federal Register / Vol. 59. No. 27 / Wednesday, February 9, 1994 / Rules and Regulations except tboaa substances which have exposure limits U<ted In Tablet Z-l, Z-2 and Z--3 of 29 CFR 1910,100a Th* letter were issued under section 6(e) (29 U.S.C 655(*))". Section 1910.1000, Table* Z-l. Z-2 and Z3 alto issued under 5 U-S.C 553. Section 1910.1000, Tablet Z-l, Z-Z and Z-3 not. Issued under 29 CFR part 1911 except for the arsenic (organic compound*}, benzene, and cotton dutt lifting*. Section 1910.10Q1 alto Issued under Sec. 107 of the Contract Work Hour* and Safety Standard* Act 40 U.S.C 333. Section 1910,1002 not t**ued under 29 U.S.C 655 or 29 CFR part 1911; also iffued under 5 U.SjC 553. Section 1910.1025 also issued under 5 UJs.C 553. Section 1910.1043 alto lttued under 5 U.S.G 551 ft feq. Section* 19101200,1910.1499 tnd 19101500 also issued under 5 U.S.C 553. PART 1915--(AMENDED] 2. The authority citation for pert 1915 continue* to reed as follow*; Authority;Sea 41, Longshore and Harbor Worker*' Compensation Art (33 U.S.C 941); sec*. 4, 6, 8, Occupational Safety and Health Art of 1970 (29 U.S.C 853, 855, 657); Secretary of Labor'! Order No*. 12-71 (36 FR 6754), 6-76 (41 FR 25059), 9-63 (46 FR 33736), or 1-90 (55 FR 9033), at applicable; 29 CFR part 1911. Section 1915.99 also lttued under 5 U.S.G 553. PART 1917--[AMENDED] 3. The authority citation for part 1917 continues to read as follows; Authority; Sec. 41, Longshore and Harbor Work*' Compensation Art (33 UJ5.C 941); tecs. 4, 6, 8, Occupational Safety and Health Art of 1970 (29 U-SJ1653,655, 657); Secretary of Labor'* Order No*. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-63 (48 FR 35736). or 1-90 (55 FR 9033), a* applicable; 29 CFR part 1911. Section 1917.28 also issued under 5 U.S.C 553. PART 1918--[AMENDED] 4. The authority citation for part 1918 continues to read as follows; Authority: Sea 41. Longsbor* and Harbor Worken' Compensation Art (33 U.S.G 941); tec*. 4. 6. 8, Occupational Safety and Health Art of 1970 (29 U.S.G 653, 655,657); Secretary of Labor'i Order No*. 12-71 (36 FR 8754). 6-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable. Section 1918.90 alto issued under 5 U.S.C 553 and 29 CFR part 1911. 5. The authority citation for subpart D of part 1926 continues to read as follows: Authority; Sea 107, Contract Work Houn end Safety Standards Act (Construction Safety Art) (40 U.S C 333), Secs. 4, 6, 8. Occupational Safety and Health Act of 1970 (29 U S C 653, 655. 657). Secretary of Labor's Order Noe. 12-71 (36 FR 8754), 8-78 (41 FR 25059). 9-63 (48 FR 35736), Or 1-90 (55 FR 9033), a* applicable. Section 1926.59 also issued under 5 U.S.C 553 and 29 CFR part 1911. PART 1928--[AMENDED] 6. The authority citation for part 1928 continues to read ai follows: Authority. Secs. 6 and 8, Occupational Safety and Health Art of 1970 (29 U.S.C 655, 657); Secretary of Labor'* Order No*. 12-71 (36 FR 8754), 6-76 (41 FR 25059), 9-63 (48 FR 35736), or 1-90 (55 FR 9033), a* applicable; 29 CFR pert 1911. Section 1926.21 also latued under 5 U.S.C 553, 7. Part* 1910,,1915,1917,1918, and 1926 are amended by revising 1910.1200,1915.1200,1917.28 and 1918.90. and 1926.59 to contain the identical text. Including Appendices A, B, C, D, and E, to read as follows: 6 Hazard coovnunlcattoo. (a) Purpose. (1) The purpose of this section is to ensure that the hazards of all chemicals produced or Imported are evaluated, ana that information 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 labeling and other forms of warning, material safety data sheets and employee training. (2) This occupational safety and 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 any legal requirements of a state, or political subdivision of a state, pertaining to this subject. Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for developing and maintaining a written nazard communication program for the workplace. Including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of material aafety data sheets to employees and downstream employers; and development end implementation of employee training programs regarding hazards of chemicals and protective measures. Under section 10 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, (l) 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 Information and ' training. In addition, this section requires distributors to transmit the required information to employers. (Employers who do not produce or import chemicals 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 compliance obligations under the rule.) (2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under nonnal conditions of use or in 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; (li) 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 workshift to laboratory employees when they are 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, fiv) Laboratory employers that ship hazardous chemical* 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 (f)(1) of this section, and that a material safety data sheet is provided to distributor* and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section. DO A ODD 1CC ON - TDFNT T A. Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6171 (4) In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, orretail sales), this section applies to these operations only as foDowt: (i) Employers shall ensure that labels on Incoming containers of hazardous chemicals are not removed or defaced; (U) Employers shall maintain copies of any material safety data sheets that are received with Incoming shipments of the sealed containers ofhazardous chemicals, shall obtain a material safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a material safety data sheet if an employee requests the material safety data sheet, and shall ensure that the material safety data sheets are readily accessible during each work shift to employees when they are In their work *rea(i; and. (lit) Employers shall ensure that employees are provided with 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)(lii) of this section), to the extent necessary to protect them In the event of a spill or leak of a hazardous chemical from a sealed container. (5) This section does not require labeling of the following chemicals; (1) Any pesticide as such term Is definedin the Federal insecticide, Fungicide, and Rodentidde Act [7 U.S.C 136 et seq,). when sub)ect to the labeling requirements of that Act and labeling regulations Issued under that Act by the Environmental Protection Agency^ til) Any chemical substance or mixture as such terms are defined In the Toxic Substance* Control Act (15 U.S.C 2601 et seq.), when subject to die labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; till) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including " materials intended for use as ingredients in such products (e.g. Davors and fragrances), as such terms are defined In the Federal Food, Drug, and Cosmetic Act (21 U.S.C 301 et set].) or the Virus* Serum-Toxin Act of 1913 (21 U.S.C. 151 et set]), 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; (lv) Any distilled spirits (beverage alcohols), wine, or malt beverage Intended for nonindustrial use, as such terms are defined In the Federal Alcohol Administration Act (27 U.S.C 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Ad by the Bureau of Alcohol, Tobacco, and Firearms;. (v) Any consumer product or hazardous substance as those terms are defined In the Consumer Product Safety Ad (15 U.S.C 2051 et seq.) and Federal Hazardous Substance* Act (15 UJS.C 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations Issued under those Acts by the Consumer Produd Safety Commission; and, (vi) Agricultural or vegetable seed treated with pesticide* and labeled in accordance with the Federal Seed Ad (7 U.S.C 1551 et sea.) and the labeling regulations Issued under that Ad by the Department of Agriculture. (6) This section does not apply to: (i) Any hazardous waste as such term la defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Ad of 1976, as amended (42 U.S.C. 6901 et seq.), when rubjed to regulations issued under that Ad by the Environmental Protection Agency; (ii) Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation, and Liability Ad (CERCLAX42 U.S.C 9601 et seq.), when subject to regulations issued under that Ad by the Environmental Protection Agency; (ill) Tobacco or tobacco products; (ivj Wood or wood products, * including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees U the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may. be subsequently sawed or cut, generating dust, are not exempted); (v) Articles (as that term is defined in paragraph (c) of this section); (vi) Food or alcoholic beverages which ere sold. used, or prepared in a retail establishment (such as a grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace; (vil) Any drug, a* that term is defined in the Federal Food. Drug, and Cosmetic Act (21 U-S.C. 301 et seq ). when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers In a retail establishment (e.g., over-the-counter drugs); and drugs Intended for personal consumption by. employees while In the workplace (e.g., first aid supplies); (vtii) Cosmetic* which are packaged for sale to consumers In a retail establishment, and cosmetics Intended for personal consumption by employees while In the workplace; (ix) Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1281 et seq.) respectively, where the employer can show that It Is used in the workplace far the purpose Intended by the chemical manufacturer or Importer of the product, and the use resulti In a duration and frequency of exposure which Is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended; (x) Nulsande particulate* where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section; (xi) Ionizing and nonionizing radiation; ana, (xil) Biological hazards. (c) Definition*. , Article means a manufactured item other than a Duid or particle: (i) which is formed to a specific shape or design during manufacture; (11) vmich has end use functionft) dependent in whole or in pari upon it* shape or design during end use; and (ill) which under normal conditions of use doe* not release more than very small quantities, eg., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees. Assistant Secretary mean* the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. Chemical means any element, chemical compound or mixture of elements and/or compounds. Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution. Chemical name msens the scientific designation of a chemical In accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or no a oomoft i.. i jOF i 0F N T T mi f t: it' I V, v i: 6172 Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations the Chemical Abstracts Service (CAS) rules of nomenclature, .or a name which will cloarly identify the chemical for the purpose of conducting a hazard evaluation. Combustible liquid means any liquid having a flashpoint at or above 100 *F (37.8 *C), but below 200 *F (93.3 *Q, except any mixture having components with flashpoints of 200 *F (93.3 *C), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture. Commercial account means an arrangement whereby a retail distributor sella hazardous chemicals to an employer, generally In large quantities over time and/or at costs that are below the regular retail price. Common name means any designation or Identification such as code name, code number, trade name, brand name or generic name used to identify a chemical ether than by its chemical name. -* . Compressed gas means: (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70 *F (21.1 *C): or (11) A gas or mixture of gases having. In t container, an absolute pressure exceeding 104 psi at 130 *F (54.4 *C] regardless of the pressure at 70 *F (21.1 *C):or (iii) A liquid having a vapor pressure exceeding 40 psi at 100 *F (37.8 *C) as determined by ASTM D-323-72. Container means any bag, barrel, bottle, box, can, cylinder, arum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee. Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers, Employee means a worker who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies. Workers such as office workers or bank tellers who encounter hazardous chemicals only in non-routine, isolated Instances are not covered. Employer means a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.' Explosive means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. Exposure or exposed means that an employee is subjected In the course of employment to a chemical that Is a physical or health hazard, and includes potential (e^. accidental or possible) exposure. "Subjected" In terms of health hazards Includes any route of entry (e.g, inhalation. Ingestion, skin contact or absorption.) Flammable means a chemical that falls into one of the following categories: (i) Aerosol, flammable means 'an aerosol that, when tested by the method described In 18 CFR 1500.45, yields a flame projection exceeding 18 Inches at' full valve opening, or a flashback' (a flame extending back to the valve) at any degree of valve opening: (II) Gas, flammable means: (A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less: or (B) A gas that, at ambient temperature, and pressure, forms a range of ' flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit; (iii) Liquid, flammable means any liquid having a flashpoint below 100*F (37.8*C), except any mixturehaving components with flashpoints of 100*F (37.8*C) or higher, the total of which make up 99 percent or more of the total volume of the mixture. (iv) Solid, flammable means a solid, other than a blasting agent or explosive as defined In $ 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited bums so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 10 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an Inch per second along its major axis. Flashpoint means the minimum temperature at which a liquid gives off a vapor In sufficient concentration to ignite when tested as follows: (i) Tagliabue Closed Tester (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Zll-24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100*F (37.8*0, that do not contain suspended solids and do not have a tendency to form a surface film under test; or (ii) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Zll.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at f 00*F (37.8*0, or that contain suspended solids, or that have a tendency to form a surface film under test; or (iii) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)). Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result In an uncontrolled release of a hazardous chemical into the workplace. Hazardous chemical means any chemical which la a physical hazard or a health hazard. Hazard warning means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical or health hazard(s), including target organ effects, of the chemical(s) in the containers). (See the definitions for "physical hazard" and "health hazard" to determine the hazards which must be covered.) Health hazard means a chemical for which there la statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effect* may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxina, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this section, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be r ( A or FA OF C OKF T OFNT 1m Federal Register / Vol. 59. No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 8173 considered hazardous for purpose* of this standard. Identity means any chemical or , common name which is indicated on the material safety data sheet (MSDS) for the chemical The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS. Immediate use means that the hazardous chemical will be under the control of and used only by the person who transfer* it from a labeled container and only within the work shift in which it Is transferred. Importer means the first business with employees within the Customs Territory of the United States which receive* hazardous chemical* produced in other countrie* for the purpose of supplying them to distributor* or employer* within the United State*. Label mean* any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section. Mixture means any combination, of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction. Organic peroxide means an organic compound that contains the bivalent -OO-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. Oxidizer means a chemical other than a blasting agent or explosive as defined in $ 1910.109(a), that initiates or promote* combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases. Physical hazard means a chemical for which there-is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or waterreactive. Produce mean* to manufacture, process, formulate, blend, extract, generate, emit, or repackage. Pyrophoric means a chemical that will ignite spontaneously In air at a temperature of 130*F (54.4*C) or below. Responsible party means someone who ran provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. Specific chemical identity means the chemical name. Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance. Trade secret means any confidential formula, pattern, process, device, Information or compilation of Information that is used In an employer's business, and that gives the employer an opportunity to obtain an advantage over competitor* who do not know or use It Appendix D sets out the criteria to be used In evaluating trade secrets. Unstable (reactive) means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under - conditions of shocks, pressure or temperature. Use means to package, handle, react, emit extract, generate as a byproduct or transfer. - - Water-reactive means a chemical that reacts with water to release a gas that Is either flammable or presents a health hazard. Work area mean* a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present Workplace means an establishment, Job site, or project at one geographical location containing one or more work (d) Hazard determination. (1) Chemical manufacturer* and Importers shall evaluate chemicals produced In their workplaces or Imported by them to determine if they are hazardous. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or Importer for the chemical to satisfy this requirement. (2) Chemical manufacturer*, importer* or employers evaluating chemical* shall identify and consider the available scientific evidence concerning such hazards. For health hazards, evidence which is statistically significant and which Is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect If the results of the study meet the definitions of health hazards in this section. Appendix A shall be consulted for the scope of health hazards covered, and Appendix B shall be consulted for the criteria to be followed with respect to the completeness of the evaluation, and the data to be reported. (3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed In them are hazardous (i) 29 CFR part 1910. subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA); or. (Li) Threshold Limit Values for Chemical Substances and Physical Agents In the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). The chemical manufacturer, Importer, or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of this standard. , ' ' (4) Chemical manufacturers, importer* and employer* evaluating chemicals shall treat the following . source* as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes*. (1) National Toxicology Program (NTP). Annual Report on Carcinogens (latest edition): (U) International Agency for Research on Cancer (IARC) Monographs (latest editions); or (111) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substance*, Occupational Safety and Health Administration. Note; Tbs Registry of Toxic Effects of Chemical Substances published by tbs National Institute for Occupational Safety and Health Indicate* whether a chamical haa been found by NTP or IARC to be a potential carcinogen. (5) The chemirel manufacturer, importer or employer shall determine the hazard* of mixtures of chemical* as follow*; (i) If a mixture has been tested a* a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous; (ii) If a mixture has not been tested as a whole to determine whether the mixture U a health hazard, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the* mixture shall be assumed to present a carcinogenic hazard If it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen under paragraph (d)(4) of this section; (iii) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture, and, (iv) If the chemical manufacturer, importer, or employer has evidence to no a o?r,iio CON." TuFOTTAl 6174 Federal Register / Voi. 53, No. 27 / Wednesday,. February 3. 1954 / Fttiar and togafatfcan Indicate that compcment present tn, the mixture In amcaotrotiocs: of teas-than one percent (or hr the cate of carcinogenic its* than 9.1 percent) could be released to concentrations which, would exceed * estabhihed QSHA permissible cxpoetun Btnft o* ACCD1 ThrcsbokirLteiit Vafaey or coaid present i health risk to employees to thoseconcentration*. the mixture shell ha assumed to pcvwnt the uaehazard, tfi)flhamiral mamtfarriHxrra. tmpoctbn, ce-amptayera eeshreting chemical* shell describe to writingth* procedure* they use tix tfttwmino ma hazards of the chemical they evaluate. The written procedures art tn be mad* available, *poo request, to employee*, their designated representative*, the Assistant Secretary and tire Director. The written daseriptVm may bw Incorporated fate me written hazard commaadcationprogresa regaled. under paragraph. Celofthiyeqtiott. > preigrnm. ftl Employer*shall develop, implement, and maintain at ead* workplace, a wrfttsts hazard ; commuolcatfon proparo wfcfch a* least describe* bow tb* criteria specified in paragraphs (f), [s3. and (h)iVthl**eefloo for labels and other forma oi warning, material safety date sheet*, and e.mptoyvo Infccmatioo and training will be met, and which afeo Includes the foDowfng: (1} A list of the hazardous chemfcals known tn be present nriag an identity that is referenced m the appropriate material safety date sheet (the hat may be compiled for the workpiece as a whole or for individual work areas}; and. tU) The methods the ampioyer will uh to Inform employee* ofthe hazards of non-routine tasks (for example, the cleaning of reactor vessels) acid the hazards associated with chemical* contained in unlmbeied pipe* in their work areas. (1) Afultt-egyAoyeriKatkpJooe*. Employs* who produce, use. nr store hazardous rhmfah at a TtrfrplwT in such a way that the employes* of other emplaywrfa) mey be exposed tfor exatnp to, employees, ofa construction contractor working oo-stte) shaft additionally ensure thet the hazard communication. program* deswioped and implemented under this paragraph (e) include the following: (i) The methods the employer will us* to provide the other employer!*} on-ait* access to material safety data sheets for each hazardous chemical the other empkryvrfsT employees may be expoeed to while working; (il) The methods the employer will use to tnJbnn the other employerfs) of any precautloaaryamsttMSthatDeedto be tAen to protect employes* during the workplace'# normal operattogcowfttio>s and to foreseeable emergencies; and, (ill) The method* tb* employerwill use to Inform the otherno*pioyvrf) of the- febeSag system seed ha the _ workplace. PVTha employer may rely on a existing hazard CooMrmTiication program to comply with theso requirements, provided that it meets the criteria establishedto th* paragraph (a) H) Thr employer #hao maks the written hazard cumnrenkaficii program available, apex# reqeest. tn employees., their designatedrapresenintiMH. tire Assistant SeOrtary and the Directea, in accordance with the requirement* ef 29 CFR19KL20(e) (5)Wbre* employees must Wa-rei between workplace# during a workshift. *_, theirwesl to retried mat at moretkan ourgeographies)location. thawritten hazard crennranfcatfow progTan* may be kept at the primary workpkice focSRy. (f) tobef* <xk)otirerfomm-ef\+amifr%. (1) The chorales) manufacturer. Importer, or distributor dW9 ensure thet each container of hazardous chemical# leering the WOftefew to fcbefod, tagged ormarked with the foBowfag (I)Tdentity ofth*hazardous chetnfcafl*); luB^imdaddres* of&*tn^9' chemical manufacturer.Importer, ar (2 m*ta?'(*och as a stoat beam or a metal casting). *?ttd "mods or plutic ttasm that ao*not nmnptod as articles dun to their dcwoatraaui era, or shipment* ofwhet* gnfn, lh* required label may b*transmitted to tire customer at (he time of the initial shipment. and need art be ibchidod with subsequent shipment# to the same employer ami*#* the infocssetion on the label ensnare; (It) The label may be transmitted with the initial ahlpewaf Itself or with the material safety date sheet that is to be provided prior to or at the time of the tost shhMnentisnd, (iil) Tfli* axopdon to requiring labels on every ceatodner of hazasriau* chemical* to only far the solid mattrial Itself, and doaa not apply to haxardoti* chemical* used in cookrarttera with, or known to be present with, th* materia) and to which employees tumdima the item# in transit may be exposed (for example, catting Stride or pesticides In grains). (3) Chemical manufacturers. Importers, or distributors shaft ensure the* each oootetnaz ofhmacdoo* chemical# leaving the workplace is labeled, tagged, ormasked fa* accordant? with thfa section hi a manner which doe* not conflict with tb* reqnkemente el tSe H&zarAju* Material*^Tranepertarion. Act (49 BLSX. IfiOl (l'seq.)and regukrttone lenunt under thet Act by the DepeaCneat of Transportotloii. (4) il the hazardest* chemical 1* regulated by GSHAlgia subetanc*specifir healtk sfeederd. tlm chemkmll manufacturer, kaporler;dl3tribuCsr or employer ahall ensure that tfaa labels or often Kama ofwarning used are tn arxocdance with tire xxpilnuneots of that strwtord. (5) Extelit a* prcvfdod fat paragraphs. (0(^1 and fe(7) of this section, the employer shall ensure tha* mth. container of hazardous chemical# baths workplace ts lahetedl togged or marknd with Ihs foUewfaig htCxmaitonr (Qfctontity of the-hazardous chemfcsdta) ccotatood therotn; and. ` (il) Appropriate hazard warning*, or ahernetbreky. wotda. picture*, tymbols. or combination thereof, which provide at least general Information regarding the hazards of Ire chesScal*. sad which, in cop^incticm whir the other . Informallag immodfaJaiy syaftobto to employee* under the hazard nunmuiSiWtwi employee* wish the specific 1 regarding the physical andheakk hazards oftha hazardous cbenricah. ^1 The employer easy tts* rigna. placards, procssa rireets, botch tickets, operating procedure*, or other such written matmiala fat ttoai of affiiring labels to individual statiemmy process containers, a* tang a*, the tkamsttn metWvl Utonriftee tkw ermfetrwre to which It isappheabie and conveys, the Information required by pancreph (0(5) of this section to be on. a label The written materials shall be readily accessible to the employee* to their week area, throughout each work shift. (3) The employs* is ixx required to label portable containers. Into which. ImjihIhu rlwiilak pa tMidmiiil bom labeled containers, and which b* intended only far tit* Immediate use of the employee who performs the transfer. For purpose* of this section, drug* which * dispensed by a pharmacy to a health care provider far direct odmintotratioB to a patient are exempted bom labeling. (0) Tha employer shall not remove or deface existing labels on. incoming containers of hazardous chemicals, unless the container is Immediately marked with, the required informsoon. (9} The mptcrwr shall ensure thet labeh or other farms of warning are 1 iv ; j federal Register / Vol..59,.No, 27 / Wednesday, February 9, 1994 / Rules and'Regulations 617S legible, in English, and prominently . displayed on the container,or readily available in the wort area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the Information Is 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 i who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within three months of becoming aware of the new information. Labels on containers of hszardous chemicals shipped after that time shall contain the new Information. If the chemJcal Is not currently produced or imported, the chemical manufacturer, importers, distributor, or employer shall add the Information to the label before the chemical is 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 be In English (although the employer may maintain copies in other language* aa well), and shall contain at least the following information: (1) The identity used on the label, and, except as provided for In paragraph (1) of this'sertlon on trade secrets: (A) If the hazardous chemical is a single substance, its chemical and common namefs); (B) If the hazardous chemical is a mixture which has been tested as whole to determine its hazards, the chemical and common name(t) of the ingredients which contribute to these known hazards, and the common namefs) of the mixture Itself: or. (Q If the hazardous chemJcal is a mixture which has not been tested as a whole: (I) The chemical and common namefs) 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 thla section shall be listed If the concentrations are 0.1% or greater, and. (2) The chemical and common name(s) of ail ingredients which have been determines to be health hazards, and which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence that the lngredient(s) could be released from the mixture in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health risk to employees; and, (3) The chemical and common namefs) of all ingredients which have been determined to present a physical hazard when present In the mixture; (U) 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 recognized as being aggravated by exposure to the chemical; (v) The primary route{s) of entry; (vi) The OSHA permissible exposure limit, AOG1H Threshold l imit 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 (1ARC) Monographs (latest editions), or by OSHA; (viii) 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: (lx) 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) The name,' address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous themicalahd appropriate (3)*if relevant Infonn^tioii U*?ound for any given category on the material safety data sheet, the chemical manufacturer,' importer or employer preparing the material safety data sheet shall mari; it to indicate that no applicable Information was found. (4) Where complex mixtures have similar hazards and contents (l.'e. the chemical Ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer. Importer or employer may prepare tone material safety data sheet to apply to all of these similar mixture#.' ' (5) The chemlcaTmanufacturer. Importer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer. Importer or employer preparing the material safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical Is not currently being produced or imported the chemical manufacturer or importer shall add the information to the material safety deta sheet before the chemical is introducedinto the workplace again. (e)(1) Qremlcal manufacturers or importer* 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 is updated; (ii) 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 st the time of the shipment; (til) 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 employer* with a material safety data sheet upon request. (7 )(i) Distributor* shall ensure that materia) safety data sheets, and updated HO A 00 A] 10 0,n0 TOr NT T A; Cl78 Federal Register l Vof. 53s, No. 27 / Wednesday, 'February 9^, 1994 l Rales and Raguftrtfoo* information, are provided to other distributors fjvtf employer* with tMt initial shipment and with the first shipment alter materiel safety data sht la updated) fii) The distributor shall either provide material safety data sheets with the shipped containers, or send them to the other distributor or employer prior to or at the time- of the shipment; (ill] Retail distributors seffiag hazardous dremfcals to employers having a commercial account shall provide a material safety data sheet to such employers upon, request, and shall post s sign or otherwise inform them that s material safety data sheet Is araiMbla; (tvf Wholesale distributors saMng hazardous chemicals to employers over- the-counter may also, as an alternative to Looping a file ofmaterial safetr date sheets-for alT hazardous chemicals they sell, provlda material safety datasheets upon the. request ofthe employer at the time ofthe over-the-counter purchase, and shall post a sign or otherwise inform such employeta that a material safety date sheet is availably M Ifan. employer without a commercial account purchases a hazardous chemical from a. retail distributor not required to have malarial safety data, sheets on fife Q-0-. the retail distribute* does not have rammerr-ia) accounts and does not use the materials), the retail distributor shall provide the employer, upon, request, with the name, address, and telephone number ofthe chemical manufacturer. Importer, or distributor ham which a material safety date sheet can be obtained; (vij Wholesale distributors shall also provide material safety date sheets to employers or other distributors upon request; and, )vt4) Chemical manufacturers, importers, and distributors meed not provide material safety date sheets, to retail distributors that have informed them that the retail distributor dose not tell the product to commercial accounts or open the feeled container to use it to their own workplaces. (8) The employer shell in the workplace copies of the reqnfrsd material safety date sheets for each hazardous chemical, and h* ensure that they are readily accessible during each work shift to employees whan they are In their work areafel (Electronic cx*w. microfiche. sod otbw hm naflmu to mtoteteteg paprrnpi i ui the material safety data sheets are permitted as long as obarriers to 1 mmerilate employee access to each workplace are created by such options.) (9) Where employees must towel (IfJ The physical and health hazards between workplaces dtacfng a Workshift. of the chemicals to the work area; i a, their work fo carried out at more than one geographical location, the (Hi)The measure* employees can taka to protect tbomaefcve* fine* there material safety oates&eeCsmayhe kept hazmds, tochtdfiag specific procedure* at the prhnory workplace facility, hr tola the employer Kaa implemented to situation, the employer shall ensure thel protect employee* from fmpomire to employees can tounedfeCely obteto th* """tTM fflwwWrwfa *KrH Tf reunited Information to n emergency. appropriate work practices, emergency pOf MstmfeFnffey ffitfitsfi&ets may procedures. and personal pootac be kept in any form, fcictoding,operating equipment to be used; amt procedures, and may be designed to tfv) The- details of the tozard cover gmopn athanardend chwnfcafo in cranmmilcaricB program developed by a wodtase*ydraltteybamaio the employer, tochtoing.an explanation, taf* of the labeUa^systeaaaodfttematertol process rathes-thani safety dote sheet, and haw employee* hazardoils'chemkaJiHfewevw; the can obtato and us the appropriate emp loyet shall ensue* thattoaH case* hazard tolnretetforr. the requited information fa pecsided fat (i) Trade soextts. (1) Tha.chemical each hazardous chemical, and is readily manufecturar.lmpoctat.eT employ*! . accessibfoduringaed* wed shift to employees, whim thay ard to to thtor may withhold tba sperifle. chemical identity. Includingthe chemical name ' ' ' and otheu specific identification ofa (11) Material safety dati sheets shplk haaredaua chemical, fran the material also be mads readily wUabfowttpaik request, to Aerignalod represeniatires aafetydata sheet, psnyided thati (l)Tb claim, thtotha: information and totha Assistant Secretasy.to withheld la a trade secret con.be accordant* with lha requiremanta of 2ft CFR19U12h(a). The Director shall also be given access to material safety date aheeta to the same manner. (h)BnpfoyeafoJhrrbttqi>anrf traMng. (U Emp&raw* shaB pttrdda employees with afiecliva Information, and trailring on hazardous chemical* in their work area si tha time ofthair -- iaitUT asdgnmred. aodwhaaevar a nave physical or health hazard the employees have not previously hoec, trained about Is Introduced into, tneiz work area. supported; pl^fofomiartniv.mnlafruid fn. thw material safety data, shoot concerning the ptoperifea and effect* ofth* hazardou* chemical fa <scfoee<h Qlil The material safety dote sheet ladiestea that tba specific chemical Identity Is being withheld as a trade aeaet;arid. ftI The spedCc chemical Identity la mads- available to health professionals, employee*, and designated representatives la accordance with the Information, and training may be designed to coves categprfea ofbitarde ^ZJ Where a treating phyraJm^jr*^ am re determines Mat s medical epariftorKamtcwU. rhemtrklwpertltr, information must always be available through labels and material safety cfete sheets, (2) Information. Employees shall be informed oft (il The requirements ofthis section; (Ilf Any operations totheir work ares emergency exists and lie- specific chemical identity ofahezardreza chemical is necessary for emergency or first-aid treetment. the chemical manufactures, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical tothet treating pbysfdsn or where hazardous chemical* are present; nurse; reganffsea ofthe extstence of a and, written statement of treed or a (id) The location am? svrikiiQfty of cenfidenttafity agreement. The chemical the-wifftaii brew*rfHHYMitrartnn manufecturer. Importer, or employer program, fnchrding the required ttstfs) may require a written streemerrf of need of hazardous chemicafe, and material and conmantfahtT agreement, to safety date sheets required by tMs ccordaooe vdth the prtMrione of section. paragraphs (If (3) and ffl ofthis sectfan. (3) Tiraatnff. Employee tratotogsheB as soon as circumstances permit. Include et less* (3) to neo-emergency tfrrattatM, (i) Methods end observations that may chemical manuferiurez. importer, or be used to delect the presence or referee employer shall, ipso request dreckiee e of a hazardous cbcxnfcat to thewurfc specific chemfcat Identity, otherwise area (such re mototesiag conducted by permitted to be wlthbekt under the employer, continuous monitoring devices, visual sppevrarsce or odor of paragraph fi)fl)of thin section, to e nealto profesatonal (Ve. phyeictaj* hazardous chemicals whaa being industrial hygienist. tcoricoioglM, released, etc ). epidemiologist, or occupational heehh Fa) A 0?f, ' ; C Cr,-iF T0",-JTTAi ,Federal Register / Vol. 59 No. 27 / Wednesday, February g_ 1994 / Rules and Regulations 6177 nurse) providing medical or other occupational health services to exposed employee{s), and to employee* or designated representatives, it (i) The request Is In writing: (li) The request describe* with reasonable detail one or more of the following occupational health needs for the Information: (A) To asses* the hazards of the chemicals to which employees will be exposed: (B) To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; (Cl To conduct pre-assignment or periodic medical surveillance of exposed employees; CD) To provide medical treatment to exposed employees; (E) To select or^assess appropriate personal protective equipment for exposed employee*; IF] To design or assess engineering control* or other protective measures for exposed employe**; and, (G) To conduct studies to determine the health effect* of exposure. (lii) The request explain* in detail why the disclosure of the specific chemical Identity is essential and that. In lieu thereof, the disclosure of the following information to the health professional, employee, or designated representative, would not satisfy the purposes desaibed In paragraph (i)(3)(il) of thla section: (A) The properties and effects of the chemical; (B) Measures for controlling workers' exposure to the chemical; (C) Methods ofmooltoring and analyzing worker exposure to the chemical; and. (D) Method* of diagnosing and treating harmful exposure* to the chemical; (lv) The request includes a description or 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 service* of the health professional (La. downstream employer, labor organization, or individual employee], employee, or designated representative, agree in a written confidentiality agreement that the health professional, employee, or designated representative, will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA, as provided in paragraph (i)(6) of this lection, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer. (4) The confidentiality agreement hn demonstrated adequate means to authorized by paragraph (t)(3)(lv) of this protect the confidentiality. section; (10) (1) If OSHA determines that the (i) May restrict the use of the specific chemical identity requested Information to the health purposes under paragraph (i)(3) of this section is indicated in the written statement of not a bonafide trade secret, or that it U need; a trade secret, but the requesting health (ii) May provide for appropriate legal professional, employee, or designated remedies In the event of a breach of the representative has a legitimate medical agreement. Including stipulation of a or occupational health need for the reasonable pre-estimate of likely information, has executed a written damages; and, confidentiality agreement, and has (ill) May not Include requirements for shown adequate means to protect the the posting of a penalty bond. confidentiality of the information, the (5) Nothing In this standard Is meant chemical manufacturer, importer, or to preclude the parties from pursuing employer will be subject to citation by non-contrectual remedies to the extent OSHA. permitted by law. (U) If a chemical manufacturer, (6) if the health professional, importer, or employer demonstrates to employee, or designated representative OSHA that the execution of a receiving the trade secret information confidentiality agreement would not decides that there Is a need to disclose provide sufficient protection against the it to OSHA, the chemical manufacturer. potential harm from the unauthorized Importer, ox employer who provided the disclosure of a trade secret specific information shall be informed by the chemical identity, the Assistant health professional, employee, or Secretary may issue such orders or designated representative prior to, or at impose such additional limitations or the same time as, such disclosure. conditions upon the disclosure of the (7) If the chemical manufacturer, requested chemical information as may importer, or employer denies a written request far disclosure of a specific chemical Identity, the denial must (1) Be provided to the health professional, employee, or designated representative, within thirty days of the be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If a citation for a failure to release request; til) Be in writing; (ill) Include evidence to support the claim that the specific chemical Identity is a trade secret; (iv) State the specific reasons why the request Is being denied; and, fv) Explain In detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.' (8) The health professional, employee, or designated representative whose request for information is denied under specific chemical Identity Information is contested by the chemical manufacturer, importer, or employer, the matter will be adjudicated before the Occupational Safety and Health Review Commission in accordance with the Act's enforcement scheme and the applicable Commission rules of procedure. In accordance with the Commission rules, when a chemical manufacturer, importer, or employer continues to withhold the information during the contest, the Administrative Law fudge may review the citation and supporting paragraph (1X3) of thla section may refer documentation in camera or Issue the request and the written denial of the appropriate orders to protect the request to OSHA for consideration. (9) When a health professional, confidentiality of such matters. (12) Notwithstanding the existence of employee, or designated representative a trade secret claim, a chemical < refers the denial to OSHA under manufacturer, importer, or employer paragraph (1X8) of thla section. OSHA shall, upon request, disclose to the hall consider the evidence to determine Assistant Secretary any information if; (i) The chemical manufacturer, which this section requires the chemical manufacturer, importer, or employer to importer, or employer has supported the make available. Where there is a trade claim that the specific chemical identity secret claim, such rlim shall be made is a trade secret; (ii) The health professional, no later than at the time the information is provided to the Assistant Secretary so employee, or designated representative that suitable determinations of trade has supported the claim that there U a secret-status can be made and the medical or occupational health need for necessary protections can be the information; and, (iii) The health professional, implemented. (13) Nothing in this paragraph shall employee or designated representative be construed as requiring the disclosure 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 5 --Health Hazard Definitions (Mandatory) Although safety hazards related to the physical characteristics of t chemical can be objectively defined In terms of testing requirements (e.g. flammability), health hazard definitions are less precise and more subjective. Health hazards may cause measurable changes In the body--such as decreased pulmonary function. These change* are generally Indicated by the c. occurrence of sign* 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 the change In body function and tbe signs and symptoms that may occur to signal that change. The determination of occupational health hazards Is complicated by the bet that many of the affects or signs and symptoms occur commonly In non-occupationaliy exposed populations, so that affects of exposure are dimcult to separata from normally occurring Illnesses. Occasionally, a substance causes an effect that Is rarely seen In the population at Urge, such as angiosarcomas caused by vinyl chloride exposure, thus malting it easier to ascertain that the occupational exposure was tha primary causative facie*. More oftan, however, the effecta are common, such as lung cancer. The sltuatioo Is further complicated by the fact 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 way*. Generally, the terms "acute" and "chronic" axe used to delineate between effects on the basis of severity or duration. "Acuta" effecta usually occur rapidly aa a result of sbort-term exposures, and ua of hart duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration. The acute effect* referred to most frequently are those defined by tha American National Standard* Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1966)-- irritation, corrosivity, sensitization and lethal dose. Although these are important health effects, they do not adequately cover the considerable renge of acuta effects which may occur aa a result of occupational exposure, such as, for example, narcosis. Similarly, the term chronic effect it often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously a concern in tha workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy The goei of defining precisely, in messurable terms, every potsible health effect that may occur In the workplace aa a result of chemical exposures cannot realistically bo accomplished. This does not negate the need for employees to be informed of such effects and protected from them. Appendix B, which is also mandatory, outlines the principles and procedures of hazard assessment. For purposes of this section, sny chemicals which meet any of the following definitions, ts determined by the criteria set forth In Appendix B are health hazards. However, this la not intended to be an exclusive categorization scheme. If there are available scientific data that Involve other animal specie* or test methods, they must also be evaluated to determine the applicability of thaHCS. 1. Carcinogen; A chemical Is considered to be a carcinogen 1 (a) It has been evaluated by tha International 'Agency tor Research on Cancer (IARC). and found to be a carcinogen or potential carcinogen; or (b) It Is listed as a carcinogen or potential carcinogen In thaAnnual Report oo * ' Carcinogens published by the National Toxicology Program (NTP) (latest edition); or, (c) It la regulated by OSHA as a carcinogen. 2. Corrosive; A chemical that cause* visible destruction of, or irreversible alterations in. living tissue by chemical action at the site of contact. For example, chemical is considered to be corrosive If, when tested on the intact skin of albino rabbits by the method described by the US. Department of Transportation in appendix A to 49 CFK pert 173, it destroys or changes irrrversibly the structure of tbe tissue it the site of contact following an txposure period of four hours. Thia term shell not refer to action on Inanimate surfaces. . 3. Highly trade: A chemical felling within any of the following categories; (a) A chemical that has median lethal doee (LDjJ of 50 milligrams or leas per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has median lethal doee (LDsoJ of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two end three kilograms each. (c) A chemical that has a median lethal concentration (LCso) in air of 200 parts per million by volume or less of get or vapor, or 2 milligrams per liter or lea* of mist, fume, or dust, when administered by continuous inhalation for one hour (or leas If death occurs within one hour) to albino rats weighing between 200 end 300 great each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at tbe site of contact. A chemical la a skin Irritant If, when tested on tbe Intact skin of albino rabbits by the methods of 16 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 $0 determined under the procedure listed in 16 CTR 1500.42 or other appropriate techniques. 5. Sensitizer A chemical that cause* a Substantial proportion of exposed people or animal* to develop tn allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical felling within any of the following categories; (a) A chemical that he* a median lethal dose (LDso) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram ofbody weight when administered orally to albino rets weighing between 200 and 300 grams each. (b) A chemical that has a median lethal doee (LDjol of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or let* U death occurs within 24 hours) with the bare tkin of albino rabbits weighing between two and three kilograms each. (c) A chemical that ha* a median lethal concentration (LC*J In air of mote than 200 parti per million but not more than 2000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, whan administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rata weighing between 200 and 300 grams each. 7. Target organ effects. The following is * target organ categorization of effects which may occur. Including example* of signs and symptoms and chamkai* which have been found to cause such effecta. These examples are presented to illustrate the range and diversity of effects end hazards found in the workplace, and the broad scope employers must consider In this area, but an not intended to be alMnclusive. a Hepatotcudna: Chemicals which produce liver damage Signs & Symptoms: Jaundice: liver enlargement Chemicals: Carbon tetrachloride; nltrosamlnee b. Nephrotoxic*: Chemicals which produce kidney damage Sign* ft Symptoms: Edema: proteinuria Chemicals; Halogen*ted hydrocarbons, uranium c. Neurotoxlna: Chemicals which produce their primary toxic affects on tbe nervous system Signs ft Symptoms: Narcosis; behavioral changes; decrease In motor functions Chemicals: Mercury: carbon disulfide d. Agents which act on tbe blood or hemato poietic system. Decrease hemoglobin function: deprive the body tissues of oxygen Signs ft Symptoms: Cyanosis, loss of consciousness Chemicals: Carbon monoxide; cyanides a. Agents which damage the lung Chemicals which irritate or damage pulmonary tissue Signs ft Symptoms Cough, tightness n chest, shortness of breath r.'O A 0." 51115 ONFTOFNTTAi Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6179 domicile SlUca; aibertos t Reproductive toxin* Chemical* which affect the reproductive capabilities Including chromosomal damage (mutation*) and effect* on fetuse* (teratogeneal*) Sign* 4 Symptom* Birth defect*; sterility demicali: Lead; DBCP g. Cutaneou* hazard* demlcal* which affect the dermal layer of the body Sign* k Symptom* Defatting of the thin; rusher. Irritation Chemical*: Ketone*; chlorinated compound* h_ Eye hazard*; Chemical* which affect the eye or vi*ual capacity Sign* k Symptom* Conjunctiviti*; corneal damage Chemical* Organic inlvent*; acid* Appendix S to |,_______ --Hazard Determination (Mandatory) The quality ot k hazard communication program Is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of this standard la performanceoriented. Chemical manufacturer*. Importers, and employer* evaluating chemical* are not required to follow any specific methods for determining hazard*, but they must be able to demonstrate that they have adequately ascertained the hazard* of the chemical* produced or imported In accordance with the criteria set forth In this Appendix. Hazard evaluation 1* a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazard*. The performance-orientation of the hazard determination doe* 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 purpose* of this standard, the following criteria shall be used in malting hazard determination* that meet the requirement* of this standard. 1. Carcinogenicity: A* described in paragraph (dX*1) of thi* section and Appendix A of thi* 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 evidenoe for purposes of this section. In addition, however, all available scientific data on carcinogenicity must be evaluated in accordance with the provisions of this Appendix and the requirements of the rule. 2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered In the evaluation. 3. Animal data: Human evidence of health effects In exposed populations is generally not available for the majority of chemicalspreduced or used In the workplace. Therefore, the available result* of toxicological testing In animal population* shall be used to predict the health effect* that may be experienced by exposed worker* In particular, the definition* of certain acute hazard* refer to specific animal testing results (see . Appendix A). 4. Adequacy and reporting ofdata. The result* of any studies which are designed and conducted according'to established scientific principle*, and which report statfrffr*ny significant conefnsion* regarding the health efleett. ot a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data'sheet In vitro studies alpha generally do not form the basis tor a definitive finding of hazard under the HCS tinea they have a positive or negative result rather than a statistically significant finding. The chenucafmanufacturer, importer, or employer may also report the result* of other scientifically valid studies which tend to refute the finding* of hazard. Appendix C to f;--Information Source* (Advisory) The following 1* a list of available data sources which the chemical manufacturer, importer, distributor, or employer may wish to consult to evaluate the hazard* of chemicals they produce or Import; --Any Information in their own company files, such as toxidty testing results or Ulnet* experience of company employees. --Any Information obtained from the supplier of the chemical, such as material safety data sheets or product safety bulletins. --Any pertinent information obtained from the following source list (latest editions should be used): Condensed Chemical Dictionary Van Nostrand Reinhold Co., 133 West 30th Street, New York, NY 1002a The Merck Index; An Encyclopedia of Chemical* and Drug* Merck and Company. Inc., 126 E. Lincoln Av,, Rahway, NJ 07063. LARC Monographs an the Evaluation of the Carcinogenic Risk ofChemicals to Man Geneva; World Health Organization, International Agancy for Research on Cancer, 1972-Present. (Muhiroluma work). Summaries are available In supplement volumes. 49 Sheridan Street. Albany, NY 12210. Industrial Hygiene and Toxicology, by P_A. Patty John WUey k Sons, Inc., New York, NY (Multivolume work). Clinical Toxicology of Commercial Products Gleason. Gosselln. and Hodge. Cesarett and Doull'i Toxicology; The Basic Science of Poisons Doull, Klasssen. and Amdur, Macmillan Publishing Co.. Inc., New York. NY. Industrial Toxicology, by Alice Hamilton and Harriet L Hardy Publishing Science* Croup, Inc., Acton, MA. Toxicology of the Eye. by W. Morton Grant Charles C Thomas, 301-327 East Lawrence Avenue, Springfield, [L Recognition of Health Hazards in Industry William A Borg***, John Wiley and Son*. 603 Third Avenue, New York, NY 10136. Chemical Hazards of th* Workplace Nick H. Proctor and James P. Hughes, JJ. Uplncott Company, 6 Winchester Terrace, New York. NY 10022. Handbook of Chemistry and Physic* Chemical Rubber Company, 16901 Oanwood Parkway, Chrvelaad, OH 44126. Threshold Umlt Values for Substance* and fAyrical Agents In the Work Environment and Biological Exposure Indices with Intended American Conference of Governmental Industrial Hygienist* (AOGtH), 6300 Glsnway Avenue, Bldg. D-5, Cincinnati. OH 43211. Information on the physical hazard* of chemical* may be found In publication* of the National Fire Protection Association, Boston, MA Not*: The following document* may be purchased from the Superintendent of Document*, VS- Government Printing Office, Washington. DC 20402. Occupational Health Guideline* NIOSH/OSHA (NIOSH Pub. No 81-123). NIOSH Pocket Guide to Chemical Hazards NIOSH Pub. No. 90-117. Registry of Toxic Effect* of Chemical Substancei (Latest edition) Mlacelleneoua Document* published by the National Institute for Occupational Safety tnd Health: Criteria document*. Special Hazard Reviews Occupational Hazard Assessment*. Current Intelligence Bulletin*. OSHA'r General Industry Standards (79 CRH Pan 1910) NTP Annual Report on Carcinogens and Summary of the Annual Report on Carcinogens. National Technical Information Service (NTIS). 5285 Port Royal Road. Spnngfield. VA 22161. (703) 487-4650 DO A ODD lie. 0 (TAFT OF AT TAl 6180 Federal Register / Vol. 59, No. 27 > "Wednesday,-February'^, 1994 / Rules and Regulations Bfofiogtaphic data bases service provider Pie name Bibliographic Retrieval Services (BRS). 1200 Route 7, Latham. NY Bfosls Previews 12110. CA Search i Mtrfar* . MBS . Hazardln* American Chemical Society Journal Excerpta Medica 1RCS MpcScal Science Journal Pte-Med Inti Pharmaceutical Abstracts Prper Cham Lockheed-DIALOG Information Service, Inc., 3460 HiDview Avenue, Bicah Prev. Fles Paid Afto, CA 94304. CA Search Flea - CAB Abstracts Chemical Exposure Chemnama. Chemsb''Fies Chamzara Embasa Fles Environmental BibBographies ErMro4ne - Federal Researoh In Progress IRL Lite Science CoSection KBS- Ocapalional Safety and Health (NiOSH) Paper Cham SDC-ORBIT, SOC Information Service, 2500 Colorado Avenue, Santa CAS Flies Monica, CA 90406. Chemdex, 2, 3 KBS National Library o< MedWne------- ------------------------------------------------ Hazardous SJwtancea Data Bank (NSOB) Department of Health and Human Services, Public Health Service, Na MedDne Fles tional Institutes of Health, Bethesda, MD 20209. Tcutfne Files Cancerfl RTECS Cherrtine Pergamoo International Information Corp., 1340 Oid Chain Bridge Fid, Laboratory Hazard BiAetin McLean, VA 22101. Questel, Inc., 1625 Eye Street, NW, Suite 818, Washington, DC 20006 QS/ILO Cancemef Cbemicai Information System IQ (OS), Bureau of National Affairs, Structure and Nomendalu-e Search System (SANSS) 1133 15th Street, NW, Sufte 300, Washington, DC 20005. ActAi Toxlcty (RTECS) CMcaf Toxicology of Commercial Products O* and Hazardous Materials Technical Assistance Data System CCRIS CESARS Occupational Health Services, 400 Plaza Drive, Secaueus, NJ 07094 _ MSOS, HazartSna Appendix D to ________--Definition of "Trade Secret'* (Mandatory) The following le a reprint of the Restatement of Torts section 757. comment b (1939): b. Definition of trade secret A trade secret may consist of any formula, pattern, device or compilation of Information which is used In one's business, and which gives him en opportunity to obtain in advantage over competitors who do not know or use it. It may be s formula for a chemical compound, a process of manufacturing, treating or preserving materials, s pattern for a machine or other device, or a list of customers. It differs from other secret information in e business (see s759 of the Restatement of Torts which Is not Included in this Appendix) in that It ia not simply information sa to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the eecurlty investments made oe contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the ilka. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, * 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 i code for determining discounts, tebatee or other concessions in price hat or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management Secrecy. The rubfoct matter of s trade secret must be secret Matters of public knowledge or of general knowledge In tn industry cannot be appropriated by one as his secret Matters which incompletely 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 thi only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use He mey likewise communicate it to others pledged to secret"s DO A 0." D 1 17 C. Ci IJ F T D F" N T t AI Federal Register / Vol, -59. No. 271 /, Wednesday; February 8, 1994 / Rules and Regulations 6181 Otheri may slso know of It Independently. Knowledge acquired under tha HCS will 11, for example, when they have discovered help employers provide safer workplaces for the process or formula by Independent their employee*. When employers nave Invention and are keeping It seaet. Information about tha chemicals being Used, Nevertbeleaa, a rubrtantlal element ofiecrecy they can taka steps to reduce exposures, must exist, o that, except by the uae of substitute less hazardous materials, and improper means, there would be difficulty In establish proper work practices. These efforts Requiring the information. An exact will help prevent the occurrence of work- definition of a trade secret la not poaalble. related Alnesses and Injuries caused by Some factory to be considered In determining chemical*. whether given Information is one's trade The' HCS ddre*ses the Issues of evaluating secret are; (1) The extent to which the and communicating hazards to workers. information li known outside of his business; Evaluation of chemical hazards Involves a (2) the extent to which It Is known by numberof technical concepts, and is a employees and others Involved in hit process that requires the professional buslnesa; [3] the extent of measures taken by judgmenlof experienced experts. That's why him to guard the secrecy of the information; tha HCS [4 designed *0 that employers who (4) the value of the Information to him and simply use chemicals, rather tmu produce or his competitors. (5) the amount of effort or import them.*!* not required to evaluate tha money expended by him In developing the . hazards o( those chemicals. Hazard Information; (6) the ease or difficulty with. . determination is tha responsibility of the which the information could be properly producers and Importer* of tha materials. acquired or duplicated by others. Producers and Importers of chemicals are Noveity and prior art. A trade secret may then required to provide the hazard be a device or process which Is patontable; information.to employers that purchase their but It need not be that It may be a device prod^cts^ , or process which is clearly anticipated In the EmployersThat don't produce or import prior art or one which la merely a mechanical ; ebemJtahf heed only fapus oh thoee parti of Improvement that a good mechanic can the rule that deal with establishing a make. Novelty and invention are not workplace program and communicating requisite for a trade secret as thsy sre for information to their workers. This appendix patentability. These requirements are la a general guide for such employers Vo help essential to patentability because 1 patent them determine what's required under the protects against unlicensed use of the rule. It does not supplant or substitute for tha patented device or process even by one who regulatory provisions, but rathar provides a discovers It properly through Independent simplified outline of the steps in average research. The patent monopoly la a reward to employer would follow to meet thoee the Inventor. But such is not the case with requirements. a trade secret. Its protection is not based on a policy of rewarding or otherwise 1. Becoming Familiar With Th* Rule. encouraging the development of secret OSHA has provided a simple summery of processes or dsvicss. The protection la the HCS in a pamphlet entitled "Chemical merely against breech of faith and Hazard Communication." OSHA Publication reprehensible means of learning another's Number 3084. Sonu employers prefer to secret For this limited protection it is not begin to become familiar with the rule'* appropriate to require also the kind of requirements by reading this pamphlet. A novelty and Invention which is a requisite of copy may be obtained from your local OSHA patentability. The nature of the secret is. Area Office, or by contacting tha OSHA however, an Important factor In determining the kind of relief that Is appropriate against one who is subject to liability undar the rule stated tn this Section. Thus, if the secret consists oft device or process which is a novel Invention, one who acquires the secret wrongfully is ordinarily enjoined from further use ofit and is required to account for the profits derived from his past use. If. on the other band, the secret consists of mechanical Improvements that 4 good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damage*, and an Injunction against future use of the Improvements made with the aid of the secret may be Inappropriate. Publications Office at (02) 52S-0M7. The standard Is long, and some parts of it are technical, but the basic concepts are simple. In bet, the requirements reflect what many employers have been doing for years. You may find that you are already largely In compliance with many of th* provisions, and will limply have to modify your existing programs somewhat. If you are operating in an OSHA-approved State Plan Stats, you must comply with the State's requirements, which may be different than thoee of the Federal rule. Many of the State Plan States had hazard communication or "right-toknow" laws prior to promulgation of the Federal rule. Employen in State Plan States Appendix E to (Advisory)-- Guideline* for Employer Compliance should contact their State OSHA offices for more information regarding applicable requirements. The Hazard Communication Standard The HCS requires information to be (HCS) la baaed on a simple concept--that prepared and tranamltted regarding all employees have both a need and 1 right to hazardous chemical*. Th* HCS covers both know the hazards and identities of the physical hazards (such as flammability), and chemicals they are exposed to when working. health hazards (such as Irritation, lung They also need to know what protective damage, and cancer). Most chemicals used in measures are available to prevent adverse the workplace have some hazard potential.' effects from occurring The HCS is designed and thus will be covered by the rule. to provide employees with the information One difference between thil rule end many they need. othen adopted by OSHA Ls thet this one li rfotmance-orieoted, That means that you v* the flexibility to adapt the rule to the need* of your wotkplece. rather than having to follow specific, rigid requirement*. It alio means that you have to exercise more judgment to Implement an appropriate end effective program. The standard's design Is simple. Chemical manufacturers and Importers must evaluate the hazards of th* chemical* they produo* or Import Using thst Information, they must then prepare lab*1* for containers, and more detailed technical bulletins called material safety data sheets (MSDSJ, Chemical manufacturer*. Importers, and distributors of hazardous chemicals are all required to provide the appropriate labels and material safety diu sheets to the employen to which they ship tha chemicals. The Information 1* to be provided automatically. Every container of hazardous chemicals you receive must be labeled, tagged, or marked with the required Information. Your suppliers must also send you a property completed material safety data sheet (MSDS) at the time of the first shipment of the chemical, and with the next shipment after theMSDS ls updated with new and significant Information about the hazard* You can rely on the Information received from your supplier* You have no Independent duty to analyze the chemical or evaluate th* hazard* of It Employen that "use" hazardous chemicals must nave < program to ensure the information 1* provided to exposed employee* TUee" means to package, handle, react, or trensfar.Thls 1* an intentionally broad scope, and Includes any situation when a chemical la present In such a way that employees' may be exposed under normal conditions of use or in a foreseeable emergency. Th* requirements of the rule that deal specifically with the hazard communication program are found In this section in paragraph* (a), written hazard communication program: (f), labels and other forms of warning; (g). material safety data sheets; and (h), employee Information and training. The requirements of these paragraphs should be the focus of your attention. Concentrate on becoming familiar with them, using paragraphs (b). scope and application, and (c), definitions, as references when needed to help explain the provision! There are two type* of work operations where the coverage of the rule is limited. These are laboratories and operations where chemicals are only bandied In eeeled container* (*., i Warehouse). The limited provision* for these workplaces can be found In paragraph (b) of this section, scope and application. Basically, employer* having these types of work operations need only keep labels on containers as they are received; m*ie*in material safety data sheets that are received, and give employees access to them: and provide information and training for employee* Employers do not have to have written hazard communication programs and list* of chemicals for these type* of operation* The limited coverage of laboratories and sealed container operations addresses the _ r^'J A o,\S 1 1 * 1 iiNF T DFNt TV,I 6182 Federal Register / Voi 59, No, 27 / Wednesday, February 9, 1994 / Rules and Regulations obligation of to employer to tb* workers In chemical* in all physical farm*--liquid*. the written plan requirement* the operation* involved, and do** not affect *ohds, gases, vapor*, fame* and mists-- ` laboratories and work operation where iba employer's duttea ** a distributor of whetbw they are "contained**.of not. The employees only handfe dwarical* in seek chemical*. For example. a distributor may hazardous nature ofth* chemical and the containers. See paragraph (b) of this secti have warehouse operation* where employee* potential far exposure are tht factor* which cope and application, for the specific would be protected under the limited seeled determine whether a chemical Is covered. If requirement* for the** tiro type* of container provisions, In this situstioa. it's not hazardous. It's not coveted. Ifthere workplace*. requirement* far obtaining and maintaining is no potential {^exposure (ta. the The plan does not have to be lengthy ca MSDS* are limited to providing accea* to chemical faInextricably`bound and cannot be complicated- It Is Intended to be e bluepri tboee received with container*.whiia lb* released), tharute doe* not cover the far Implementation ofyour program--an tubatanoe 1* In the workplace, and requesting chemical. asstoance that all aspects oftbe raqulrenv MSDS* when employee* request accea* far Look around. Identify chemical* In have been addressed. tbo*e not received with the container*. containers. Including pipe*, but tlso think Many trade associations tnd other However, as a distributor of hszardous about chemical* generated In the work professional group* have provided sanrpb chemicals, that employer will (till have operation*. Per example, welding fame*, programs end other tsslsttoca materials ti respoosdblllll** far providing MSDS* In dust*, and exhaust fames sra all source* of affected employer*. These have been very downstream customer* at the time of the first chemical exposure*. Read labels provided by helpful to many employers dnee they tan shipment and when the MSDS i* updated. supplier* far hazard Information. Maks a list be tailored to the particular faihutry Therefore, although they mey Dot be required of all chemical* in the workplace that era Involved. You may wish to Investigate for the employee# in the work operation, the potentially hazardous. For your own whether your Industry trade groups have distributor may. nevertheless, have to have information and planning, you may also want developed such materiel*. MSDS* to satisfy other requirement* of the to note on the list the location!*) of the Although such general guidance may bt rule. producti within the workplace, and an halpful, you must remember that the writ34 2. Identify Raponsible Staff Indication of the hazards as found on the label. This will help year as you prepare the program na* to reflect what you are doing your workpiece. Therefore, tfyou use * Hazard communication It {ping In be a continuing program in your facility. rest ofyour program. Paragraph (b) of this aectiou, scope and generic program It must be adapted to eddres* the facility )t covers.^or^sxampte Compliance with the HC3 i* Dot a "one (hot tppticatioc, Include* exemptions frfr various the wpitten planjnu*>'ylt~ftj deal." In order to have a successful program, chemicals or workplace sttuetiaus-AAer 'present'at the site! InriVfate who 1* to he it will be necessary to assign responsibility compiling tb* complete fist of chemicals, you responsible far fha varfous aspects of the for both the initial and ongoing activities met should review paragraph (b) of this section to program to jour facility, and Indicate whi have to be undertaken to comply with the rule. In some cases, these activities may determine If any of the Items cub* ( eliminated from the list because they are written material* will be tnadtsvaitebte h employra**. already be pan of current fab assignment*. exempted material*, For example, food, If OSHA inspects your workplace far For example, alts supervisor* are frequently drugs, and cosmetics brought into the responsible far oo-the-fab training seasiao*- workplace far employee consumption are oomptfenci with the HCS, (to OSHA compilanes officer will ask to tee your Eariy identification ofthe responsible., exempt So rubbing alcohol in the first aid kit written plan at the outset of the Inspection employee*, and Involvement of them in the would not be covered. to general, the fallowing Hem* will be development of your plan of action, will Ono# you have compiled as complete s Hat considered to evaluating your program. result in a mare affective program design. Evaluation of the effectivapae* of your program will also be enhanced by ae possible of the potentially hazardous chemical* in the workplace, the next step ie to determine Ifyou have received material The written program must describe how the requirements for label* tnd other foam of warning, material safety date sheets, an involvement of affected employee*. safety data sheets far all of them. Check youi employe* information and training, are go For any safety and health program, success fifes against thrInventory you have Just to b* mat to your facility. Tbs following depends on cmmltmeut at every level of the compiled. If any are missing. contact your discussion provide* the type of Infarmatio organization. This is particularly true far supplier end request ooe. It is good Ida to compliance officer* will be looking far to hazard communication, when success document these requests, either by copy of a dedde whether these eternal* of the haze require* a chang* in behavior. This will only Utter or t or** regarding telephone orawauntcetion program he** been proper occur if employer* understand the program, conversation*. If you have MSDSe kr addressed: and are committed to It* succaa*. and u employee* are motivated by the people chemical* that ire not on your tist- figure out why. Maybe you don't use the rWilal A Labels and Otter Forme ef Warning presenting the information to them. anymore. O maybe you mitsed It in your In-plent container* of hazardous chaotic 3. Identify Haxardou* OtemicoJ* in the Workplace. The standard tequlre* * list of hazardous chemical* In the workplace a* part of the written hazard oommunfaatloo program. Tbs list will eventually serve a* an inventory of survey. Same suppliers do provide MSDS* far product* that are not hazardous. These do not have to be maintained by you. You should not allow employea to use any chemicals far which you have not received an MSDS. The MSDS provida Information you need to ensure prop* must be labeled, tagged, or narked with th identity of the material and appropriate hazard warnings. Qwmlcal manufacturer* importer*, and distributor* tra required to ensure that every contain* of hazardous chemical* they chip is appropriately tebete with such Information end with tb* name everything far which an MSDS must be maintained- At this point, however, preparing the Hat will help year complete the rest of the program since it will give you tome Ida of the scope of the program protective measures are Implemented prior to exposure. 4. Preparing and Implementing a Hazard Communication Program and address of tb* producer or other respaoslbfe party. Employer* purchasing chonlcals can rely on the labels provided I their eupptfen. If th* materiel Is subsequently transferred by th* employer required far cranpUenos in your facility. The bat way to peeper* a comprehensive All workpiece* where eraplot sea are from a labeled container to mother contain exposed to hazardous chemicals must have t th* employer will have to labs) that contali list Is to survey the workplace- Purchasing written plan which describe* how the unless it Is subject to th* portable contame records may also help, and certainly standard will be implemented in that facility. exemption- See paragraph (!) of tht* sectioc employer* should establish procedure* to Preparation of a plan 1* not fast a paper for specific labeling requirements. ensure that In the future purchasing exercise--all of toe elements must be The primary information to be obtained procedures result In MSDS* being received implemented In the workplace in order to be from an OSHA-raqulred label ii to Identity before * material is used in the workplace. in compliance with the rule See per^raph far the material, and appropriate hazard The broedest possible perspective should (a) of thif section far the specific warning# Th* identify is any term which be taken when doing the survey. Sometime* requirements regarding written hazard appears on th* Label, th* MSDS, and tbs !i* people think of "chemicals" t* being only communication programs. The only work of chemical*, and thus links these three liquids in container*. The HCS covert operations which do not have to amply with sources of toformstlon The Identity used b o:di Dv D^' C.OtD ID Federal Register / Vol. "59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6183 the supplier my be i common or trade name ("Black Magic Formula"), or i chemical came (l.l.l'.-trichlofoethane). The hazard warning la a brief statement of the hazardous effect* of the chemical ("flammable," "cau*e* lung damage"). Label* frequently contain other Information, *uch u precautionary measure* ("do not u*e near open flame"), but thl* Information l* provided voluntarily and 1* not required by the rule. Label* mutt be legible, tnd prominently dlspltyed. There are no ipedfic requirement* for iz or color, or any *pacified text With the** requirement* In mind, the compliance officer will be looking for tha following type* of Information to ensure that labeling will be properly Implemented In your facility; 1. Detlgnation of pereon(s) responilble for ensuring labeling of In-plant container*; I. Detlgnation ofperaon(i) retpontlble for en*uring labeling of any thlpped container*; 3. Description of labeling tystemf*) ued; 4. Deecriptioo of written alternative* fo libeling of In-plant container* (If uted); tnd. 5. Procedure* to review and update label Inform*tk whan necessary. Employer* that ar* purchatlng and utlng hazardous chemkal*--rather than producing or distributing them--will primarily be concerned with ensuring that every purchased container Is labeled. Ifmaterials are transferred Into other container*, the employer mutt ensure that these ar* labeled a* well, unleea they foil under the portable container exemption (peragraph (f)(7) of thl* section). In term* of labeling tyttem*, you can simply choose to use the labels provided by your supplier* on the container*. There will generally be verbal text label*, end do not usually Include numerical rating system* or symbols that require special training.' The rood Important thing to remember Is that this L a continuing duty--all In-plant container* of hazardous chemicals must always be labeled. Therefor*, it 1* Important to designate someone to be responsible for ensuring that the label* are maintained a* required on the container* in your focility, and that newly purchased material* are checked for label* prior to use. B. Materia1 Safety Data Sheets Chemical manufacturers and Importer* are required to obtain or develop s material safety data sheet for each hazardous chemical they produce or Import. Distributor* are responsible foriensuring that their customer* are provided a oopy of thee* MSDS*. Employers must have an MSDS for each hazardous chemical which they use. Employer* may rely on the Information received from their suppliers. The ipedfic requirement* for material safety data sheet* are In paragraph (g) of this section. There Is do specified format for the MSDS under the rule, although there are specific Information requirements. OSHA has developed a non-mandatory format. OSHA Form 174, which may be used by chemical manufacturer* and Importers to comply with the rule. The MSDS must be In English. You are entitled to receive from your supplier a dats sheet which Includes all of the information required under the rule If you do not receive one automatically, you should request one. If you receive one that la obviously Inadequate, with, for example, blank spaces that are not completed, you should request an appropriately completed one. If your request for a data sheet Or for a corrected data aheet does not produce the Information needed, you should contact your local OSHA Area Office for assistance In obtaining the MSDS. The role of MSDSa under the rule la to provide detailed Information on each hazardous chemical. Including Its potential hazardoui effects. Its physical and chemical characteristics, and recommendations for appropriate protective measure*..This . information should be useful to you ** tha employer responsible for designing . protective programs, as well a* to the ' worker*. If you are not familiar with material' safety data sheets and with chemical terminology, you may need to leant to use them yourself. A glossary of MSDS term! may be helpful In this regard. Generally Speaking, most employer* using hazardous chemicals will primarily be concerned with M5DS Information regarding hazardous effects end recommended protective measures. Focus on the sections of the MSDS that are applicable to your situation. MSDSa must be readily accessible to employees when they are In their work areas during their work*hilt*. Thl* may be accomplished In many different way*. You must decide what la appropriate for your particular workplace. Soma employer* keep the MSDS* In a binder In a central location (eg., in the pick-up truck on a construction site). Other*, particularly In workplace* with large number* of chemicals, computerize the Information and provide access through terminals. At long ss employee* can get the information when they need It. any approach may be used. The employees must have access to tha MSDS* themselves--simply having a system where the Information can be reed to them over the phone Is only permitted under the mobile worksite provision, paragraph (gX#) of thl* section, whan employee* mutt travel between workpieces during the shift. In thl* situation, they nave access to the MSDSa prior to leaving the primary worksite, and whan they return, to the telephone system Is simply an emergency arrangement. In order to ensure that you have a current MSDS for eech chemical In the plant as required, and that employee accee* 1* provided, the compliance officer! will be looking for tha following types of information In your written program; 1. Designation of peraonfs) responsible for obtaining and maintaining the MSDS*; 2. How such sheets are to be maintained in tb* workpiece (e.g., In notebook* In the work araafs) or In a computer with terminal access), and how employee* can obtain access to them when they are In their work ere* during the work shift; 3. Procedures to follow when the MSDS Is not received at the time <5f the first shipment: 4. For producer*, procedure* to update the MSDS when new end significant health information Is found, and, 5. Description of alternatives to actual data sheets In the workplace. If used. For employers using hazardous chemicals, the most important aspect of the written program In terms of MSDS* Is to ensure thal someone Is teapoosfbU for obtaining and maintaining the MSDS* for every hazardous chemical In fh* workplace. The list of hazardous chemical* required to be maintained as part of tha written program will serve as an inventory. As new chemicals are purchased, the list should be updated. Many companies hay* found It convenient to include on their purcheee order* tha name end addrea* of the person designated In their company to receive MSDSa. C Employee Information and Training Each employee who may he "exposed" to hazardous'chimical* when working must be provided Information and trained prior to initial assignment to work with a hazardous chemical, and whenever the hazard change*. '"Exposure" or "exposed" under the rule meansthat "an employee la subjected to a hazardous chemical In tha course of employment through any route of entry (Inhalation. Ingestion, sldn contact or absorption, etc.) and Include* potential [e.g.. accidental at possible) exposure." See paragraphfh] of this' section for spedfin requirement*. Information and training may be dona either by Individual chemical, or by categories of hazards (such as flammability or caronogenldtv). If there era only a few chemical* In tha workplace, then you may want to dleniss each one Individually. Where there are lane numbers of chemicals, or the chemical* chanlge frequently, you will probably want to train generally baaed on the hazard categories (eg., flammable liquids, corrosive materials, carcinogen*). Employees will have access to the substance-specific information on the labels and MSDS*. Informstioc and training 1* a critical part of tha hazard communication program. Information regarding hazards and protective measure* an provided to worker* through written label* and material safety data sheets However, through effective information and training, workers will learn to read and understand such Information, determine how it can be obtained and used in their own workplace*, and understand the risks of exposure to the chemicals In their workpiece* a* well as the way* to protect themselves. A properly conducted training progam will ensure comprehension and understanding It i* not sufficient to either lust read material to the worker*, or limply hand them material to reed. You want to create a climate where worker* feel free to ask question*- This will,help you to ensure that the Information la understood. YouTnust always remember that the underlying purpose of the HCS is to reduce the incidence of chemical source Illnesses and Injuries; Thla will be eocompUahed by modifying behavior-through the provision of hazard iiiformatiGa and information about protect!v* measure*. If your program works, you and your worker* will better understand the chemical hazard* within the workplace Tha procedure* you establish regarding, for example, purchasing storage, and handling or these rhemle.1. will Improve, and thereby reduce the risks posed to employees exposed to the chemical hazards Involved. Furthermore, your worker*' comprehension will also be increased, and proper work practice* will be followed In your workplace 1 r ccNF-TOrNTTAl 6184 Federal Register / Vol. 59, No. 27 / Wednesday. February 8. 1994 / Rules and Regulations It you are going to do lb* training yournlf, you will have to understand the material and be prepared to motivate the weaken to learn. Thia 1j not always an uy teak, but the benefit* are worth the Sort More information regarding appropriate training can be found In OSHA Publication No. 225* which contain* voluntary training guideline* prepared by OSHA`a Training Institute. A copy of thia documebt is available from OSHA'a Publications Office at (202) 2194M7. In reviewing your written program with regard to Information and training, the following items need to be considered: 1. Designation of penon(i) responsible for conducting training; 2. Format of the program to be used (audtovteo Is, classroom Instruction, etc.); 3. Elements of the training program (should be consistent with the elements in paragraph (h) of this section); and, 4. Procedure to train new employees at the time of their Initial assignment to work with a hazardous chemical, and to train employee! when a new hazard U Introduced Into the workpiece. . The written program should provide enough details about the employer's plana in this area to assess whether or not e good faith effort is being made to train employees. OSHA doe* not expect that every worker will be able Wredte all of the information about each chemical in lbs workplace. In general, the moat Important aspects of training under the HCS are to ensure that employee! are ware that they an exposed to hazardous chemicals, that they know how to reed and use labels and material safety data sheets, and that, as consequence of learning this Information, they an following the appropriate protective measures established by the employer. OSHA compliance officers will be talking to employees to determine if they have received training, if they know they are exposed to hazardous chemicals, and If they know where to obtain ruhstance- epedfle Information on labels and MSDS*. The rule doea not require employers to maintain records of employee training, but many employers choose to do so. Thia may help you monitce your own program to ensure that all employee* are appropriately trained. If you already have a training program, you may simply have to supplement it with whsiever additional information la required under the HCS. For example, construction employer* that are already In compliance with the construction training standard (29 CPR 1#2tk2l) will have little extr* training to do. An employer can provide employees Information end training through whatever moans are found appropriate and protective. Although there would always have to be some training oo-*ite (such a* Informing employees of the location and availability of the written program and MSDSa), employe* training may be satisfied in pert by general training about the requirement* of the HCS and about chemical hazards on tha Job which la provided by, for example, trade' associations, unions, colleges, and professional schools. In addition, previous training, education and experience oft worker may relieve tha employer of wane of the burdens of Informing end training that worker. Regardless of the method relied upon, however, the employer l* always ultimately responsible for ensuring that employee* are adequately trained. If tha compliance officer nod* that the training 1* dafidant, the employer will he citfd forth# deficiency regard!eat qfwho actually' provided the training on behalf of tha employer. D. Other Requirement* In addition to these specific item*, compliance officer* will also he asking tha following questions In *trt*ri"g the adequacy of the program Doe* a Hat of the hazardous chemicals exist In each work are* or at a central location? Are methods the employer will use to inform employee* of the hazards of oooroutine leaks outlined? Are employee* informed of the hazards associated with chemical* contained in unlabeled pipes in their work are**? On multi-employer worksites, has the employer provided other employers with Information about labeling systems and precautionary measure* where the other employer! have employee! expoeed to tha initial employer1* chemical*? U tha written program made available to employee! and their designstad representative*? If your program adequately addressai the mean* of communicating Information to amployeea In your workplace, and provides answer* to the basic questions outlined above, tt will be found to be in coroptUs with tha rule. 5 Checklist fee Compliance Tha following checklist will halp to e you are in oosnpllano* with tha rule: Obtained copy of the rule. Read and understood tha requirement*. Assigned responsibility for tasks._____ Prepared an Inventory of chemical*.___ Ensured container* are labeled. Obtained MSDS for tech chemical.____ Prepared written program. Made MSDS* available to weaker*.____ Conducted training of workart. Established procedures to maintain own* program. __ BatabUihed procedure* to evaluate effectiveness ~ fl. Further Assistance If yoohava a question regarding compliance with the HCS, you should contact your local OSHA Area Office for aaafeUoce.J addition, each OSHA Ragfo Office ha* Hazard Communication Coordinator who can answer your quaeti Free consultation service* are also aveUai to assist employer*, and information regarding thaaa service* can b* obtained through th* Area tad Regional office* ** well. The telephone number fox tha OSHA at doaesttoyou should be listed in your ka telephoae directory. If you are not able to obtain this information, you may txetfaa OSHA'* Office of Information and Coeem Afiair* at (202) 219-8151 for further assistance In Identifying the appropriate nasitarts A hi f 1928.21, paragraph (*KS) 1* tejxihUabed for the convenient* of tha u* to reed as follows; 1142821 AppOcable standards In 29 C PtetIRia W** (5) Hazard communication-- $1010.1200. (FR Doc. 94-2272 Piled 2-8-94, 8.45 am) HIM COO* *-**-* Do fo o i-D\:Kr D F?v r T