Document kr15NbLjngKD3V0BEqLqYe4b

6170 Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations except those substance* which have exposure limit, listed in Table* Z-l. Z-2 and 2-3 of 20 CFR 1910.1000. The latter were issued. under section 6(a) (29 U.S.C 655(al)T. Section 1910.1000, Tablet Z-l, Z-2 and Z3 alto issued under 5 Ui&C 553. Section 1910.1000, Table* Z-l, Z-2 and Z-3 not. issued under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, and cotton dust listing*. Section 1910.10Q1 also issued under Sec. 107 of the Contract Work Hour* and Safety Standards Act, 40 U.S.G 333. Section 1910^,1002 not issued under 29 U.S.C 055 or 29 CTR pert 1911; also issued under 9 UAC $53* Section 1910.1025 also Issued under 5 U-S.C. 553. Section 1910.1043 also Issued under 5 U*S*Ce 651 9t 99tJ, Sections 1910.1200,1910.1499 tnd 1910.1500 also issued under 5 U.S.C. 553. PART 191MAMENDEDJ 2. The authority citation for part 1915 continues to read as follows: Authority:'Sec. 41, Longshore and Harbor Workers' Compensation Art (33 U.S.C. 941); sec*. 4,0,0, Occupational Safety tnd Health Art of 1970 (29 U.S.C. 653, 655,557); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 6-70 (41FR 25050), 9-83 (46 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1011. Section 1915.99 also Issued under 5 U.S.C 553. PART 1917--{AMENDED] 3. The authority dtation for part 1917 continues to read as follows; Authority:. Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C 941); sec*. 4,6,6, Occupation*! Safety and Health Act of 1970 (29 U-S.C. 653,655,657); Secretary of Labor's Order Noe. 12-71 (36 FR 6754), 6-76 (41 FR 25059), 9-83 (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 191&--[AMENDED] 4. The authority dtation for part 1918 continues to read as follows: Authority: Sec. 41, Longshore and Harbor Worker*' Compensation Act (33 U.5.C 941); tec*. 4,6,8, Oixnrpatlonal Safety and Health Art of 1970 (29 U.S.C 653,655, 657); Secretary of Labor's 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 dtation for subpart D of part 1928 continues to read as follows: Authority. Sec. 107, Contract Work Hours and Safety Standards Art (Construction Safety Act) (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 Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35738). Or 1-90 (55 FR 9033), as applicable. Section 1926.59 also issued under 5 U.S.C 553 and 29 CFR part 1911. PART 1928--[AMENDED] 6. The authority dtation for part 1928 continues to read as follows: . Authority: Secs. 6 and S, Occupational Safety end Health Art of 1970 (29 U.S.C 655, 657); Secretary of Labor's Order Noe. 12-71 (36 FR 8754), 6-76 (41 FR 25059), 9-63 (48 FR 35736), or 1-90 (55 PR 9033), as applicable; 29 CFR pertlMI. Section 1928^1 also issued wider 5 U.S.G 553. 7. Parts 1910..1918,1917,1918, and 1928 are amended by revising 1910.1200,1915.1200,1017.28 and 1918.90, and 1926.59 to contain the identical text, inducting Appendices A. B, C, D, and E, to read as follows: }___ _ Ha*ardcemmun(c*tfbdl , (a) Puipoaa. (l) The purpose of this section is to ensure that the hahards of all chemicals produced or imported are evaluated, and thatinformation concerning their hazards is transmitted to employer* and employees. This transmittal of Information Is to be accomplished bv means of comprehensive hazard communication programs, which are to Indude. . container labeling and Other form* of warning, material safoty data sheets and employee training. (2)'nils 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 measure* 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 indude, for example, but la not limited to, provisions for: developing and maintaining a writtenhazard communication program for the workplace, Induding 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 safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures. Under section 18 of the Act, no state or political subdivision of a'state may adopt or enforce, through any court or agency, any requirement relating to the issue addressed by this Federal standard, except pursuant to a Federally-approved state plan. (b) Scope and application. (1) This section requires chemical manufacturer* 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 t 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 normal conditions of use or in a foreseeable emergency. (3) This section applies to laboratories only as follows: (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; (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; (Ui) 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; ana, (lv) Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (0(1) of this section, and that a material safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section. 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 Mies), this section applies to these operations only as follows; (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; (11) Employers shell maintain copies of any material safety data sheets mat are received with incoming shipments of the sealed containers ofhazardous chemicals, shall obtain s material safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a material safety data sheet ifan employee requests the malarial 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 areefe); and, . (ill) Employers shall ensure that employees are provided with Information ana training inaccordance with paragraph (h) ofthis section (except for the location and availability ofthe written hazard communication program under paragraph (h)(2)(ill) of this section), to the extent necessary to protect them In the event oft spill or leak of a hazardous chemical-from a sealed container. (5) This section does not require labeling of the following chemicals: (I) Any pesticide as such term is definedin the Federal Insecticide, Fungicide, and Rodentidde Act (7 U.S.G 130 et seq.), when subject to the labeling requirements of that Act and IsbwUng regulations issued under that Act by the Environmental Protection Agency**. (II) Any chemical'substance or mixture as such terms are defined In the Toxic Substances Control Act (15 U.S.G 2601 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; (ill) 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. flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.G 301 et seq.) or the Virus* Serum-Toxin Act of 1913 (21 U.S.G 151 et seq.), 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.G 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations Issued under that Act 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 Act (15 U.S.G 2051 etseq.) and Federal Hazardous Substances Act (15 U.S.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 Product Safety Commission; and. (vi) Agricultural or vegetable seed treated with pesticide* and labeled in accordance with the Federal Seed Act (7 U.S.G 1551 et seq.) and the labeling regulations issued under that Act by the Department ofAgriculture. (6) This section doee not apply to: (i) Any hazardous waste at such term la defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.SG 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency; (11) Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation, ana Liability Act (CERCXAX42 U.S.G 9601 etseq.), when subject to regulations issued under that Act by the Environmental Protection Agency; (ill) Tobacco or tobacco products; (iv) 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 la 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; (vifl Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.G 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.&. over-the-counter drugs); and druga..intended for personal consumption by.employees while in the workplace (e.g.. first aid supplies); , (vin) Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics Intended for personal consumption by employees while In the workplace; (lx) Any consumer product or hazardous substance, aa those terms are defined in the Consumer Product Safety Act (15 U.S.G 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.G 1261 et seq.) respectively, where the employer can show that ft la used In the workplace for the purpose Intended by the chemical manufacturer or Importer of the product, and the use results 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) Nuisance particulates where the chemical manufacturer or Importer can establish that they do not pose any physical or health hazard covered under this section; (xl) Ionizing and nonionizing radiation; and, (xii) Biological hazards. (c) Definitions. , Article means a manufactured item other than a fluid or particle: (1) which is formed to a specific shape or design during manufacture; (11) milch has end use functionfi) dependent in whole or in part upon Its shape or design during end use; and (ill) which under normal conditions of use does not release more than very small quantities, e.g.. minute or trace amounts of m hazardous chemical (aa determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees. Assistant Secretory means 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 means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or OQ A 01.*5766 OONFTDFNTT Al 6172 Federal Register / Vol. 59. No. 27 / Wednesday, February 9, 1994 / Rules and Regulations the Chemical Abstracts Service (CAS) non-routine, Isolated instances are not rules of nomenclature,.or name which covered. will clearly identify the chemical for the Employer means a person engaged in purpose of conducting a hazard a business where chemicals are either evaluation. used, distributed, or are produced for Combustible liquid means any liquid use or distribution, including a having a flashpoint at or above 100 *F contractor or subcontractor.' : (37.8 *0, but below 200 *F (93.3 *0), Explosive means a chemical that except any mixture having components < causes a sudden, almost instantaneous with flashpoints of 200 *F (93.3 *0,'or release of pressure, gas, and heat when higher, the total volume of which make subjected to sudden shock, pressure, or up 99 percent or more of the total high temperature. volume of the mixture. . Exposure or exposed means that an Commercial account means an employee is subjected in the course of arrangement whereby a retail distributor employment to a chemical that is a sells hazardous chemicals to an physical or health hazard, and includes employer, generally in large quantities potential (e.g. accidental or possible) over time and/or at costs that are below exposure. "Subjected" in terms of the regular retail price. health hazards includes any route of Common name means any entry (e^g, inhalation, ingestion, skin designation or identification such as contact or absorption.) code name, code number, trade name, Flammable mean# a chemical that brand name or generic name used to identify a chemical other than by its falls into one of the following categories: (i) Aerosol, flammable means r#n * rhftmtftilimnia. . v ; * * . aerosol that, when tested by the method Compressed gas means: described in 16 CFR 1500.45, yields a (i) A gas or mixture of gasps having, flame projection exceeding 18 inches at' in a container, an absolute pressure full valve opening, or a flashback (a exceeding 40 psi at 70 *F (21.1 *C); or flame extending back to the vialve) at (ii) A gas or mixture of gases having, , any degree of valve opening: in a container, an absolute pressure - (ii) Gas, flammable means: (A) A gas exceeding 104 psi at 130 *F (54.4 *C) that, at ambient temperature and regardless of the pressure at 70 *F (21.1 pressure, forms a flammable mixture with air at a concentration of thirteen (ill) A liquid having a vapor pressure (13) percent by volume or less; or exceeding 40 psi at 100 *F (37.8 *0 as (B)Agas that, at ambient temperature, determined by ASTM D-323-72. and pressure, forms a range of. 1 Container means any bag, barrel, flammable mixtures with air wider than bottle, box, can, cylinder, drum, twelve (12) percent by volunie, reaction vessel, storage tanlt, or the like regardless of the lower limit;. that contains a hazardous chemical. For fill) Liquid, flammable means any purposes of this section, pipes or piping liquid having a flashpoint below 1.00*F systems, and engines, fuel tanks, or (37.8*0, except any mixture having other operating systems in a vehicle, are components with flashpoints of 100*F not considered to be containers. (37.8*C) or higher, the total of which Designated representative means any make up 99 percent or more Of the total individual or organization to whom an volume of the mixture. employee gives written authorization to (iv) Solid, flammable means a solid, exercise such employee's rights under other than a blasting agent or explosive this section. A recognized or certified as defined in S 1910.109(a), that is liable collective bargaining agent shall be to cause fire through friction, absorption treated automatically as a designated of moisture, spontaneous chemical representative without regard to written change, or retained heat from employee authorization. manufacturing or processing, or which Director means the Director, National can be ignited readily and when Ignited Institute for Occupational Safety and bumsso vigorously and persistently as Health, U.S- Department of Health and to create serious hazard. A chemical Human Services, or designee; shall be considered to be e flammable Distributor means a business, other solid if, when tested by the method than a chemical manufacturer or described in 16 CFR 1500.44, it ignites importer, which supplies hazardous and burns with a self-sustained flame at chemicals to other distributors or to a rate greater than one-tenth of an inch employers. Employee means a worker who may per second along its major axis. Flashpoint means the minimum be exposed to hazardous chemicals temperature at which a liquid gives off under normal operating conditions or in a vapor in sufficient concentration to foreseeable emergencies. Workers such ignite when tested as follows: as office workers or bank tellers who (i) Tagliabue Closed Tester (See encounter hazardous chemicals only in 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 Secbnds (SUS) at 100*F (37.8*C), that do not contain suspended solids end 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 atfOO'F (37.8*0, or that contain suspended solids, or that have a tendency to form a surface fllm.under test; or (ii() 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 autoeocelereting thermal decomposition, are excluded from any - of the flashpoint determination methods specified above. Foreseeable emergency means any 9 C' intlal occurrence such as, but not ted to. equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of 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 containerfy)(See the definition! for "physical hazard" and "health hazard" to determine the hazards which must be covered.) Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects 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, nephrotoxins, 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 DO A 019769 CONFTDFNTTAl Federal Rggtoter / Vol. 59. No. 27 / Wednesday. February 9. 1994 / Rules andRegulatlons 6173 considered hazardous for purposes of this standard. Identify means any chemical or . common name wblm is indicated on the material safety data sheet fMSDS) for the chemical. The ldehtlty used shall permit moss-references to be made, 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 (i) 20 CFR part 1910. subpart Z. Toxic and Hazardous Substances,. Occupational Safety and Health Administration (OSHA); or, (ii) Threshold Limit Values for Chemical Substances and Physical Agents In the Work Environment, - among the required list ofhazardous chemicals, the label and the MSDS. employer's business, and that gives the American Conference of Governmental employer an opportunity to Obtain an Industrial Hygienists (ACGIH) (latest . Ihunedfeto use means that the advantage over competitors who do not edition). The chemical manufacturer, hazardous chemical will be under the know or use it Appendix D sets out the Importer, or employer is still control of and used only by the person - criteria to be used in evaluating trade responsible for evaluating the hazards who transfers it from a labeled container seaeta. ' ' associated with the chemicals in these and only,within the work shift in which - Unstable (reactive) means a chemical. source lists in accordance with the ' it is transferred. ' which in the pure state, or as produced 'requirements of thUstandard. ; - Importer means the first business with or transported, will vigorously (4) .Ghemical manufacturers,. - employees,within the Customs Territory polymerize, decompose, condense, or importers and employers evaluating of tne United States which receives, will become self-reactive under hazardous chemicals produced In other, conditions of shocks, pressure Or chemicals shall treat the following source*** establishing that a chemical J countries for the purpose of supplying them to distributors or employers within the United States. Label means 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 meant 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 -O- O-structure and which may be considered to be t structural derivative, of hydrogen peroxide where one or both of the hydrogen atoms has been replaoed by an organic radical. Oxidizer means a chemical other than a blasting agent or explosive as defined in $ 1010.109(a), that initiates or promotes 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, unsmble (reactive) or waterreactive. Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage. Pyrophoric means a chemical that will ignite spontaneously in air at a temperature. Use means to package, handle, react, Is a carcinogen or potential carcinogen for hazard communication purposes: emit, extract, generate as a byproduct, or (i) National Toxicology Program transfer.. (NTP), Annual Report on Carcinogens Water-reactive means s chemical that (latest edition); . reacts with water to release a gas that ls .. (11) International Agency for Research either flammable or presents s health on Cancer.(IARC) Monographs (latest hazard. editions); or Work area means a room or defined. (ill) 29 CFR part 1910, subpart Zt - Space in a workplace where hazardous Toxic and Hazardous Substances, chemicals are produced.or used, and Occupational Safety and Health . where employees are present Administration. Workplace mesne establishment, lob site, or project, at one geographical location containing one or more work areas. Note: Th* Registry ofToxic Effects of Chemical Substance* published by the National Institute for Occupational Safely and Health Indicates whether e chemicel has (d) Hazard determination. (1) been found by NTP or IARC to be a potential Chemical manufacturers and importers carcinogen. 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 (5) The fhamif1 manufacturer, importer or employer shall determine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tested as a on the evaluation performed by the whole to determine its hazards, the chemical manufacturer or Importer for results of such testing shall be used to the chemical to satisfy this requirement determine whether the mixture Is (2) Chemical manufacturers, hazardous; importers or employers evaluating ' (ii) If a mixture has not been tested as chemicals shall identify and consider a whole to determine whether the the available scientific evidence mixture is a health hazard, the mixture concerning such hazards. For health shall be assumed to present the same hazards, evidence which is statistically health hazards as do the components significant and which is based on at which comprise one percent (by weight least one positive study conducted in or volume) or greater of the mixture, accordance with established scientific except that the mixture shall be principles is considered to be sufficient assumed to present a carcinogenic to establish a hazardous effect if the hazard If it contains a component in results of the study meet the definitions concentrations of 0.1 percent or greater of health hazards In this section. which is considered to be a carcinogen Appendix A shall be consulted for the under paragraph (d)(4) of this section; scope of health hazards covered, and (iti) If a mixture has not been tested temperature of 130*F (54.4*C) or below. Appendix B shall be consulted for the as a whole to determine whether the Responsible party means someone criteria to be followed with respect to mixture is a physical hazard, the who can provide additional information the completeness of the evaluation, and chemical manufacturer, importer, or on the hazardous chemical and the data to be reported. employer may use whatever appropriate emergency procedures, if necessary. Specific chemical identity means the chemical name, Chemical Abstracts (3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the scientifically valid data is available to evaluate .the physical hazard potential of the mixture; end, (iv) If the chemical manufacturer, Service (CAS) Registry Number, or any chemicals listed In them are hazardous: importer, or employer has evidence to DO A 019770 C.ONFIOFNTTAl &L74 Federal Register t VbF. 5S No. 2? / Wednesdays February 9. 1994 / Rales and Kegufetlcaa todicate that a component present to tha mixture in it aw mtfiijtteas of tow-than one percent tor totbe ene el' carcinogens,less than<k poceal)could be released to concentrationsydtfcb would exceed nMdltoil OSftA peimlss&l* expense Umlt otACCBt ThseshoHrLfeilYytoevorcould present e health risk to uuiptoyoin to these concentrations, lb*mtxfenesbeU be assumed to prsssntthe samehazard. liiipi1>(Bi. nrewipbiyitnsuefnriing chemicals riwttaeaeribeto writingdie procedureetbsy-use totembwa* hazards ottbe-cbtealealt&syevafuato The Written pcqceduresare tobemade available, upon request, toemployees. Ihah-^W^sfiiil wpmwtetiw; MW Asstsfarn*.Se iutvty and the Directin'. Thewrittsnilmi ilnthei maybe incorporated foto towritten hazard oTMTM"*"*"ep"U VT'I'^MPdar part^raph telof thl^eecttofe ,'jl program. (XlEmptoyeraabatt develop, implement, and maintainat eeria workpiece,ewdttenbezmd ` . commwtcaCfaa pre^em vAIcb et least describes how the criteria specified to paragraphs (f), (a), and (h)ofIhlpsection far labels and other Coeme ol wanting, material safety dale sheet*. and employes toftranstiop and tritaing will be met, and which afe Indudes the foSowfog: (1) A list of the hazardous chemicals known tobe present using: amIdentity that la referenced cm the appropriate material safety data sheet pne hst may be compiled for the workplace as whots or for individual work areas); and, (U)The methods the employerwill use to inform employees ofthia hazards of non-routine tasks (for example, the cleaning of reactor vessels) and the hazards associated with chemical* contained to imlabeledpipes to their work areas. (2) Muiti-empkiyer**>rkpioc*&. Employes* whoproduce, use, or store hazardous chemicals at t workplace in such a way that the employees of other emplcrparfs) maybe exposed (for example, employees ofa construction contractorwesting oo-stte) shell additionally ensure that this hazard winnimwIfiHnn priywiM ibwlnjwt and implemented trader this paragraph (e) Include the following: (i) The methods the employer wilt use to provide the other smployeris) an-sita access to material safety data sheets for each hazardous rhomUral the other emptoyerfop employees may be exposed to while working; (ii) The methods the employer will use to inform the otherampkiyerfs) of any prersudeawryisasuies that need to that each cootetoer efharafooa betaken to protect impInyenr during chemicals leaving the workplace b the workplace's normal operattog labeled^, tagged*, ormasked to condHSooe andto foreseeable accosthacowfah tideseriton too emergencies^ and* - (ill) The methodstheemployerwi3 mannas which doee hot conflict with thenequireingnts el the Hazardous ' use to infom the otheramployerfe) of Material*Transportation.Act ftOHSX. the-bbefiag system nsedtetbe . lSOkefseq^and pegukiionslasued workpiece. ; underthat Act bythe Depectmene of - (3) Theemployermay relyan an Transpattetfari. exfattng hexmdctxMouniotficn progam tdudaleiidaiadnfodls to comply witir theserequirements, regulated byOSktAinesub^Bce- provided that it meets the criteria *fa*1*b^ *toriwlSrBll ee*nl>lfahedtotto*pe*Ssp6 W. Hltheemptoyershitemeke die employer shell ensure thatthabbetoox written hauud cmrratirwrtnn. pvograns otherfeemoofwemtagusedare to availabto. upon ragseof.. to ampfaysaa., their dsslpttRliipMeMtmhs: Assistant Secretary andtheDfaectoe, to accordance with the requimarante'ef29 CF19X2dfok (SiWhravswployeaemust 0*1*1 acooedaneewiththniHquiirHBients ot that tanAmt. (3) Except osprovidedto pozs^aphn (0(a) and (fld) of thin section. the employee shall ensorethaO seek container of hazardouschemical* to the between workplaces during a wotkdrift. workplace is hholsdl taggedormadeed im, theirweA Is carried sut tt sore toMtfKumfwiliig nfawmftna* than onegBogaphfca>tocstibn,'t6* : (ffMentifycf tbshezardons wrUtee hazardcsmnJeuRatfoeprogrwn' chemlcalts) containedthereto; end,' may be kept atthe primary workplace (ii) Appropriatehazard warnings, or foef&jy. - ahenmttvely.wosd*. picture*, symbols, (t)labehandotherforum o/wvraArg: or combination thereof which provide (1) The chemical marm&ctefsrk et leaat general tefasmatianmgwdtog: importer, ordistributershall ensure that the haasads ofthechemicals; nod. e&at containerof hamritous chemicals which, in contractionwitia the other . leering thewotkplece-fo labeled, tagged information fnunodlatoly nvstiahto to or marked with the following employoee underthehazard informstioiv (i>Identttyofthehazardous " smployes*vrilh. the specific! chemfcalfr)! fB) Apprisehtehazard warnings: and tftt) Name and edtoese ofthe chemical menefoctueer.importer, or regarding the physical and health, hazards ofthehazardous chenricaL (61 The employermay use tipis, placards, process sheets, batch tickets, gwTForeeti^mat^foueh as * steel operating procedures, or other such written materials to tteu of affixing beam ace mete)cwtinglUsolld wood, ot labelsto individual stationary process; poetic Mensthat ecsnot exemptedas containers, as fang as the sltemative acridesduetotheirdownstMemuee^ cr shipments ofwhote grain, the required which it is applicable and conveys toe labelmeybetrsnsmitedtotoe information required fay paragraph (f)(S) customer at thetimeofthe totttal shipment, and neednot be toiduded of this section to be on a label Tho written materials shall be readily with subsequent shipmentsto the same accessible to-the employees to their employerunless the fnfomedon'on the weak aim throughout each work shifo Isbolrnnnneer tnThe empk^erto not required, to (U) The label may bo transmitted with label portable containers,iota which the initial shipment Itself, or with, the hazardous chemicatoare transferred material safoty data sheet that is tobe from labeled containers, and which ere provided prior to er at too time ofthe Intended only for the immediate use of first shipment: end, the employee who performs the transfer. (Uillliis aneaptfon to requiring labels For purposes of this section, drugs on every ceatodns of hazaradus which wo dispensed by a pharmacy to chemicals le only far the solid material a health care provider for sheet Itself and does not apply to hamrdow* administration tea patient are exempted chemicals used in confunctton with, or horn labeling. known to be present with, the material (8) The employer shall not remove, or and to which employees handling the deface existing on incoming' Hems in transit maybe exposed (for containers of hazardous chemicals, example, cutting fluids or pesticides lit unless the container.!! immediately grainsk (3) Chemical manufacturers, marked with, the requited information. (9) The employer shall ensure that importers, or distributors shall ensure labels or other forms of warning ar DO A 019771 CONFIDFNTTAl Federal Register / Vol., 59., No. 27 / Wednesday, February 9. 1094 / Rules afad' Regulations 6175 legible, in English, end prominently. displayed on the container,, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, ,aa long u the information is presented in English a* well. (10) The chemical manufacturer, importer, distributor or employer need not affix new labels to comply with this section if existing labels already convey the required information. (11) Chemical manufacturers, importers, distributors, or employers \ who become newly aware of any <(7T'inni information regarding the hazards of s chemical shall revise the labels for the chemical within three months ofbecoming aware of the new information, babels .on containers of hazardous chemicals shipped after that time shall contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer. Importers, distributor, or employer shall aad the information to the label before the chemical is shipped or introduced into the workplace again. (g) Material safety data sheets. (1) rhitwtf1 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 languages as well), and shall contain at least the foUowlng information: (i) The identity used on the label, and, except aa provided for in paragraph (i) of this section on trade secrets: (A) If the hazardous chemical is a single substance, Its chemical and common namefa); (B) If the hazardous chemical is a mixture which has been tested as a whole to detafyine 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, (C)If the hazardous chemical is a mixture which has not been tested as a whole: (1) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d) of this section shall be listed if the concentrations are 0.1% or greater, and, (2) The chemical and common name(s) of all ingredients which have been determinedto be health hazards, and which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence that the lngradlent(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, (J) "Hie chemical and common namefa) of all ingredients which have been determined to present a physical hazard when present in the mixture; (ii) 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; (iy) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravatedby exposure to the chemical; (v) The primary routefa) of entry; (vi) The OSHA permissible exposure limit, ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available; (vii) Whether the hazardous chemical is listed In the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (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; (ix) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment; (x) Emergency and first aid procedures; (xi) The date of preparation of the material safety data sheet or the last change to It; and. (xil) The namei 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 Chemicalahd appropriate emergency procedures,' If necessary. . . - (3) If ho relevant information is found for any given category On the material safety data sheet, the chemical' manufacturer,' importer or employer preparing the msterial safety data sheet shall marit it to indicate that aS . applicable information was found. (4) Where complex mixtureshalve similar hazards and cbntehts (he. the . chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, Importer or employer may prepare'ione material safety data sheet to applyto all of these similar mixtures.'V,' ", ' (5) The cfremlcafinanufacturer. 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 data sheet before the chemical is introduced into the workplace again. (6) (i) Chemical manufacturers or importers shall ensure that distributors ana 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; (U) The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment; (ill) 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, (lv) The chemical manufacturer or importer shall also provide distributors or employers with a material safety data sheet upon request (7) (i) Distributors shall ensure that material safety data sheets, and updated DO A 019772 conftofntjai C17& Federal Register t VoL. 59; Wou 27 / HfedneedayV 'February 9^ 1994 t Rttlaa nd Kegufetfoos iBtUintffaBtwpwvfcMteoflg distributee*f_nd employer* with their Initial shipment tna with the first shipment litera matei fill safety data sheet 1* updated; fii) The distributor shall either provide material safety data sheets with the shippedcontainers, orsemi thorn Its theotherdistributoror employer prior to orat this tfaneoft&e shipment; (Hi] Rated} distributors setting hazardous chemicals to employers having a commercial account dial! provide a material safety data shoot to such employersuponrequest and shall post a sign, or otherwise Worm them that a material safety data sheet la evailabfe; (iv)Wholesale distributors tatting hazardous cherofails to mplayers aver- the-countar may afco. as an alternative to halting fife ofmaterialsafety data sheets-for allhazardous chemicals they sett, pmvida material safety ifxlit shaata upon the request ofthe employer at tha time of-th* arer-the-oountex purchase, and shall port a sign or othanrfsa Inform such, employers that a material safety dal*sheet is available; WJIfan employer without e miiliniiirtl| iwmill) nilfgtuiUM Jl luwiitmu chemical from aretail distributor not required tc>have material safety data,sheets on fife (loa the retail distributee doesnot have commercial accountsenddoeano* use the materials),tha retail distributor shall provide the employer, upon,request, with the name,address, endtelephone numbex ortilt mAnufacturer* importer, or distrihutor from which a material safety data sheet can be obtained; (vi)Wholesale distributors shallalso providematerial safety data shoots to employers, or other distributors upon itH, (vti)Chemical manufacturers. Importers, and distributors need net provide material safety data sheets to retail distributorethat have informed them that the retail distributee doe* not sell the produeftocommercial accounts or open the fceied container to use U 1a their own workplaces. . (8) The employer shall maintain in the workplace copiesol the requfavd material safety data sheets for each hazardous chemical, end shall ensure that they am readily accessible during each work shift to employees when they are in their work areals) [Electronic access.ndcrofichs.and odw q| thfl "****1^^ g permitted as long as nobarriers to immedieba employee access fas each workplace are created by such options.) (9) Where employee*must bevel between workplacesduringe workshift. let, their work fecarried but at mom than ena geographical hesthk the material safety oat* rffeetsxuybe kept at thepihnaryworkplace fecihty.hr this situation,the employer shall ensure that etephijwni i hanindfafnlj obtain the be kept in ay procedures, and may employee shaft ensurethatlsaaft cases thareqjsfeeAinformation fix presided far each hazardous chemical, and is readily accessfoteduringeach work shift to employees when theyfedhi fat their (11) Material safetydaiti sheetsthpll also be made readily evsilahlewnyon reques.tniWg^atedrepmsenlatlyes and, tothe Assfetant Secratary.hr accordance wilK the requirement* of29 CfH riMflOfifeJ-The Director shallalso be given accesstomaterial safety date sheets in the same manner. (h) Etepfayee lafaaaatioo and trafhlag, (11 Employers shall piratdda. employees with sifecilva information, and trJlntn^mtiaMAaMrluHBtraU it> their wock area at the time oftheir -initiaT ssrignment. and whenever anew physical or health hazard tha employees nave not previouslybeentrained about (s introduced Into their work area. IpfanryUiQft designed to cover eategprfaia ofhazards ipodffa chemical*. Owrnksl-tpedfic information most always be available through labels andmaterial safety data sheets, . (?) Intonation-Employees shallbe informed o (llTha requirementsofthis section; (tt)Any operations fartfaetr work ares where, hmnitiiin`dti^nfiv|^ srs present, and, US) The location and avalfebOfty of the-wilttau hazard comnnmfcatioir program, Including thereqptred Hstfe) of hazardous chemicab. andinsferial safety data sheets requiredby thfe section. (3fThrfn/ngi Employee trefningshell include atleasti (i) Methodsand observations that may be used to detect the presence or release of a hazardous cbemfest to the work area (such as roototortag.coadacfed by the employer, continuous monitoring devices, visual appeemesor odorei hazardous chemicals when being released, etc.); (if)Thephysfcal andheehh hazards of the chemical* in the work area; Cttt)The measuresemploysee can take to protect thnmieh os from these the employerhas implemented t The-detailsof thfthazard developed by the employes, includingan axpanettoOi of the Isheliegsystemand dmmaterial safety data sheet,and.bowemployees, can obtain artnan tha appropriate hazard IrJnrteariosn . U) Tfeideseeeris. MThechearicak manufacturen.lmpottar.ee employes . may withhold the sperifle chemical IftTrftty InfKuHm fta flwmlwl mm ferdethBttpeciitoidwnrtfirfeionoda safetydatar shnrrt.prmddedthafc (l>Tha claim thatthe information withheld fea tradetecxstcanbe rftkfbnnatfaDicantafnadliiib materialla&ty aftmM wiwimtiig - the properties and affectsoftha lumawill g*HltWlt fe (Sil)The materialsafety datasheet indicates that tha specific chemical identity labeing withheld as a trade secret arid. ' , gv)Th speefflechemical identity fs madeavailaofe to health professionals, employees,and designated representatives hr accordance with the applicable provisions ofthis paragraph. (z) Wherea treating phyridan or Dorse determines that a medical emergency exists and tho specific ehegaeallifentfty ofhazardous chemical la necessanrforemergency or first-aid treatment, the chemfcaf manufacturer. hnpettsr, oremplayer shall Immediately disclose the specific chemical identity of a trade secret chemical tothat treatingphysician or nurse; regardless ofthe existence of a written statement of need v e confidentialityagreement. The chemical manufacturer. Importer, of employer may require e written statement of need and confhfentfa&y ayeeiuenf, hr accordance with the-provisions of paragraphs(ff(3) and ft) ofthis section, os soon as circumstances permit. (3) In Bon-amergency situetioos; a chemical manufacturer. Importer, or employer shall, upon request, discloses specific chemical Identity, otherwise permitted tobe withheld under paragraph ofthin section, to a health professional (Le. phwiden, industrial hygienist, toxicologist, epidemiologist, or occupational health DO A 019773 rONFTDFNTTAL Federa^Rftgjgter^-VoI^59^No^ 27 / Wednesday, February 9. 1994. / Rules and Regulations 6177 curse) providing medical or other occupational health services to exposed employee^), and to employees or (4) The confidentiality agreement has demonstrated adequate means to authorized by paragraph (l)(3)(iv) of thu protect the confidentiality. section; (10) (i) If OSHA determine* that the designated representatives, 1 (i) May restrict the use of the specific chemical identity requested (i) The request la In writing; information to the health purposes under paragraph (1)(3) of this section Is . (ii) The request describee with indicated in the written statement of not a bonafide trade secret, or that it is reasonable detail one or more of the need; a trade secret, but the requesting health following occupational health needs for (il) May provide for appropriate legal professional, employee, or designated the information; remedies in the event of a breach of the representative has a legitimate medical (A) To assess the hazards of the agreement, including stipulation of a or occupational health need for the chemicals to which employees will be reasonable pre-estimate of likely information, has executed a written exposed; (B) To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; (C) To conduct preassignment or periodic medical surveillance of . exposed employees; - (D) To providemedical treatment to exposed employees; (E) To select or^assess appropriate personal protective equipment for exposed employees; (F) To design or assess engineering controls or other protective measures for exposed employees; and, (G) To conduct studies to determine the health effocts of exposure. - (ill) The request explains in detail why the disclosure 91 the specific chemical Identity la 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 described in paragraph (iX3)(il) of this section; (A) The properties and affects of the chemical; (B) Measures for controlling workers* exposure to the chemical; (Q Methods of'mOnitoring and analyzing worker exposure to the chemical; and, (D) Methods of diagnosing and treating harmful exposures to the chemical; (iv) The request includes e description of the procedures to be used, to maintain the confidentiality of the disclosed information; and, (v) The health professional, and the employer or 6ontractor of the services 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 damages; and, confidentiality agreement, and has (ill) May not include requirement* 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-contmctual remedies to the extent OSHA. permitted by law. (11) If a chemical manufacturer, 46) 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, or 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 came time as, such disclosure. (7) If the chemical manufacturer, conditions upon the disclosure of the requested chemical information as may importer, or employer denies a written' be appropriate to assure that tbe request fordiacfosuxe of a specific occupational health service* are chemical identity, the denial must: (i) Be provided to the health professional, employee, or designated representative, within thirty days of the provided without an undue risk of harm to the chemical manufacturer,,importer, or employer. . (IlfIf a citation for a failure to release request; ill) Be in writing; (ill) Include evidence to support the claim that the specific chemical identity is a trade secret; (iv) State tbe specific reasons why the request is being denied; and.. ' (v) Explain in detail bow alternative information may satisfy the specific medical or occupational health need without revealing tbe specific chemical Identity.'. 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 (8) .*nw health professional, employee, withhold the information during the or designated representative whose , contest, the Administrative Law judge request for information is denied under may review the citation and supporting paragraph (1X3) of this 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 (i)(8) of this section, OSHA shall, upon request, disclose to tbe shall consider the evidence to determine Assistant Secretary any information if: which this section requires the chemical (i) The chemical manufacturer, manufacturer, importer, or employer to 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 importer, or employer has supported the claim that the specific chemical identity is a trade secret; (ii) The health professional, make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assistant Secretary so information under any circumstances employee, or designated representative that suitable determinations of trade other than to OSHA, as provided in has supported the claim that there is a secret-status can be made end the paragraph (i)(6) of this section, except as medical or occupational health need for necessary protections can be authorized by the terms of the the information; and, implemented. agreement or by the chemical' (iii) The health professional, (13) Nothing in this paragraph shall manufacturer, Importer, or employer. employee or designated representative be construed as requiring the disclosure * DO A 019774 conftdfnttal 6178 Federal Register / Vol. 59, No. 27 / Wednesday, February 9, 1994 / Rules and Regulations under any circumstances of process or The goel of defining precisely, In determined under the procedure listed in 16 percentage of mixture information measurable terms, every possible health CFR 1500.42 Or other appropriate techniques. which is a trade secret effect that may occur in tna workplace as a 5. Sensitizer A chemical that cause* a (j) Effective dates. Chemical result of chemical exposure* cannot substantial proportion of exposed people or manufacturers, importers, distributors, and employers shall be in compliance with all provisions of this section by March 11,1994. realistically be accomplished. This does not negate the need for employee* to be informed of such effects and protected from them. Appendix B, which l* also mandatory, outlines the principles and procedures of animals to develop *n allergic reaction in normal tissue after repeated exposure to the chemiral. 6. Toxic. A chemical felling within any of the following categories: :i - I* ' ,;4 Appendix A to --Health Hazard Definitions (Mandatory) . Although safety hazards related to the physical characteristics of a chemical.can be objectively defined in terms of testing requirements (e.g, flammability), health hazard definitions are lest precise and more subjective. Health hazards may cause measurable changes In the body--such as decreased pulmonary function. These changes ate generally Indicated by the . occurrence of signs and symptoms In the hamrd assessment For purpose* of this section, any chemicals which meet any of the following definitions, as determined by the criteria set forth in ' Appendix B era health ban*t*- However, this is not intended to be an exclusive ' categorization schema. If there are available scientific data that involve other animal (a) A chemical that ha* a median lethal dose (LDso) ofmore than 50 milligrams per kilogram but not mot* than 500 milligrams per kilogram ofbody weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal specie* or test methods, they must also be doe* (LDm) of more than 200 milligram* per evaluated to determine the applicability of . kilogram hut not more than 1,000 milligrams the HCS. per kilogram of body weight when t. Carcinogen: A chemical Is considered to ^administered by continuous contact for 24 be a carcinogen 1 hours (or lea* If death occurs within 24 exposed employees--such as shortness of (a) It hat been evaluated by tha hours) with the bore skin of albino rabbits 1" breath, a non-measurable, subjective feeling. International 'Agency for Research on Cancer weighing between two and three kilograms Employees exposed to such hazards must be (IARC), and found to bo a carcinogen or each. apprised ofboth the chahga in body function potential carcinogen: or . (c) A chemical that ha* a median lethal, and the signs and symptoms that may occur (b) It Is listed as a carcinogen or potential concentration (LCse) In air ofmore than 200 to signal that change. ' - - < carcinogen In the Annual Report on *' The determination ofoccupational health Carcinogens published by tha National ' part* per million but not more than 2,000 _ parts per million by volume of gas or vapor, hazards Is complicated by the feet that many Toxicology Program (NTP) (latest edition); or. or more than two "inigiem. per. liter but not of the affects or signs and symptoms occur (c) It 1* regulated by OSHA as a carcinogen. more than 20 milligram* per titer of mist, commonly In non-occupationaUy sxposed Z. Conceive: A chemical that causes visible fume, or dust, when administered by population*, so that affects of exposure are destruction of, or irreversible alterations in, continuous inhalation for one hour (or less if difficult to separata from normally occurring ' living tissue by chemical action at tha site of death occurs within onehour) to albino rat* illnesses. Occasionally, a substance cause* an contact Far example, a chemical la weighing between 200 and 300 gram* each. effect that la rarely seen In the population at considered to be corrosive if, when tested on 7. Target organ effects. such aa angiosarcomas caused by vinyl the intact skin of albino rabbits by the The following Is target organ da exposure, thus mating it sexier to method described by the U.S. Department of categorization of effects which may occur, ascertain that the occupational exposure was Transportation in appendix A to 49 (7R part including example* of sign* and symptoms the primary causative factor. More often, however, the effects are common, such aa hing cancer. The situation Is, further complicated by the feet 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 categories effects and to define them in various ways. Generally, the terms "acute" and "chronic" ate used to delineate between effects on the basis of severity or duration. "Acuta" affects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" affect* generally occur a* a result of long-term exposure, and are of long duration. The acute effects referred to most 173, it destroy* or change* irreversibly the; structure of the tissue at the site of contact following an exposure period of four hour*. This term shall not refer to action on Inanimate surface*. . 3. Highly toxic: A chemical falling within any of tha following categorise: (a) A chemical that ha* a median lethal doe# (LD) of 30 milligrams or lata per ' kilogram ofbody weight whan administered orally to albino rat* weighing between 200 end 300 grams each. (b) A chemical that has a median lethal doaa (LD) of 200 milligram* or less per kilogram ofbody weight when administered by continuous contact for 24 hours (or less if death occur* within 24 hours) with tha bare skin of albino rabbits weighing between end chemical* which have been found to cause such effects. These example* ere presented to illustrate the range end diversity of effects and hazards found in the workplace, and the broad scope employers must consider In this arse, but are not intended to be all-inclusive. a. Hepetotoxins: Chemicals which produce liver damage Signs k Symptoms: Jaundice; liver enlargement Chemicals: Carbon tetrachloride; nltrotamlnee b. Nephrotoxlns: Chemicals which produce kidney damage Signs h Symptoms: Edema; proteinuria Chemicals: Halogen*ted hydrocarbons; frequently are thee* defined by the American two and three kilograms each. uranium National Standards Institute (ANSI) standard (c) A chemical that has median lethal c. Neurotoxins: Chemicals which produce for Precautionary Labeling of Hazardous concentration (LC*>) in air of 200 part* per their primary toxic effect* on the nervous Industrial Chemical* (Z129.W988)-- million by volume or less of gas or vapor, or system Irritation, corrosivity, sensitization and lethal 2 milligrams per liter or less of mist, fume, Signs k Symptoms: Narcosis; behavioral dose. Although thee* are important health or dust, when administered by continuous changes: decrease in motor functions effects, they do not adequately cover the inhalation for one hour (or less If death Chemicals: Mercury; carbon disulfide considerable range of acute effects which occurs within one hour) to albino rats d. Agents which act on the blood or hemato may occur as a result of occupational weighing between 200 and 300 grams each. poietic system: Decrease hemoglobin exposure, such as. for example, narcosis. 4. Irritant: A chemical, which is not function: deprive the body tissues of Similarly, the term chronic effect is often corrosive, but which causes a reversible oxygen used to cover only carcinogenicity, inflammatory effect on living tissue by Signs & Symptoms: Cyanosis; loss of teratogenicity, and mutagenicity. These chemical action at the site ofcontact. A consciousness effects are obviously a concern in the chemical is a skin irritant if, when tested on Chemicals: Carbon monoxide: cyanides workplace, but again, do not adequately the intact skin of albino rabbits by the e. Agent* which damage the lung: Chemicals cover the area of chronic effects, excluding, methods of 16 CFR 1500.41 for four hours which irritate or damage pulmonary for example, blood dyscrasias (such as exposure or by other appropriate techniques, tissue anemia), chronic bronchitis and liver it results in an empirical score of five or Signs k Symptoms: Cough: tightness in atrophy more. A chemical is an eye irritant if so chest; shortness of breath DO A 039775 CONFT DFNTT A1 Federal Register / Vol. 59. No. 27 / Wednesday, February 9, 1994 / Rules and Regulations 6179 Chemicals: Silica; asbetto* l Reproductive toxins: Chemicals which Act the reproductive capabilities Including chromosomal damage (mutations) and aSects on fetuses of adverse health effects shall be considered in the evaluation. 3. Animal data:Human evidence of health effects in exposed populations is (teratogen**is) Signs i Symptoms: Birth defects; sterility Chemicals: Lead: DBCP " g, Cutaneous Kswrie Chemicals which affect tbs dermal layer of the body of chemicalsprodnced or used in the workplace. Therefore, this available results of toxicoloeical testina in animal populations shallbe used to predict the Signs a Symptoms: Dafettlng of the skin; rashes; irritation Chemicals: Ketones; chlorinated compounds h. Eye hazards: Chemicals which affect the ye or visual capacity > k Symptoms: Conjunctivitis; corneal health effects that may be experienced by expoeed workers, in particular, the definitions of certain scute hazards refer to specific animal testing results (see . Appendix A). 4. Adequacy and reporting ofdata. The results ofany studies which are Chemicals: Organic solvents; adds Appendix 3 to i_ --Hazard Determination (Mandatory) designed and conducted eccordlng to established sriwrtific principles, and which report tiatbtkaDy significant condnsion* regarding the health effects, The quality ofh hazard communication program la largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of thla standard is performance* oriented-Chemlcal manufacturers, importers, and employers evaluating chemicals are not required to follow any specific methods for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals of a chemical, shall be a sufficient basis . for a hazard determination and reported onany material safety data sheet In vitro studies afoda generally do not form the basis for a daflidtiye finding of hazard under the HGS since they have. a positive or negative result rather than a statistically significant finding. The cbemicafmsnufacturer, importer, or employer mayalso report the results of other scientifically valid studies which tend to refute the findings of hazard. produced or imported in accordance Appendix C to f_______ --Information with the criteria set forth in this Sources (Advisory) Appendix Hazard evaluation is a process which relies heavily on the professional The following is a list of available data sources which the chemical manufacturer, importer, distributor, or Kent of.the evaluator, particularly employer may wish to consult to area of chronic hazards. The performance-orientation of the determination does not diminish the hazarepdvroadluuactee the hazards or import: of chemicals they duty of the chemical manufacturer, --Any information in their own importer or employer to conduct a thorough evaluation, examining all company files, such as toxicity testing results or illness experience of relevant data and producing a scientifically defensible evaluation. For purposes 'of this standard, the following criteria shall be used In making hazard determinations that meet the company employees. .. --Any information obtained from the supplier of the chemical, such as . material safetydata sheets or product safety bulletins. --Any pertinent information obtained requirements, of this standard. 1. Carcinogenicity: As described in paragraph (d)(4) of thia section and from the following source list (latest editions should be used): Appendix A of thia section, a Condensed Chemical Dictionary determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section. In addition, however, 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 Van Nostnnd Reinhold Co., 135 West 50th Street, New York, NY 10020. The Merck Index: An Encyclopedia of Chemicals and Drop Merck and Company, Inc., 126 E. Lincoln Av,, Rahway, NJ 07065. IARC Monographs 00 the Evaluation of the Carcinogenic Risk of Chemicals to Man Geneva: World Health Organization, International Agency for Research on Cancer, 1972-Present (MuhWohune work). Summaries are available in supplement volumes. 49 Sheridan Street Albany. NY 12210. Industrial Hygiene and Toxicology, by F_A. Patty John Wiley S Sons, Inc., New York, NY (Multivolume work). - Clinical Toxicology ofCommercial Products Gleason, Goeselin, and Hodge. Cssarett and DoulTs Toxicology; The Basic Science of Poisons Doull. Klsassen, end Amdur, Macmillan Publishing Co.. Inc., New York, NY. Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy Publishing Sciences Group, Inc., Acton. MA. Toxicology oithe Eye. by W. Morton Grant Charles C Thomas, 301-327 East Lawrence, Avenue, Springfield, IL. Recognitiono(Health Hazards in Industry William K Burge**. John Wiley and Sons, 605 Third Avenue, New York, NY 10156. Chemical Hazards of the Workpiece Nick H. Proctor and fames P. Hughe*. J.P. Uplncott Company, 6 Winchester Terrace, New York. NY 10022. Handbook of Chemistry and Physic* Chemical Rubber Company, 18901 Qsnwood Parkway, Cleveland, OH'44126. Threshold Limit Values far Chemical Substances and Physical Agents In the Work Environment and Biological Exposure Indices with Intended ^""g*** American Conference ofGovernmental Industrial Hygienists (ACGIH), 6500 Glenway Avenue, Bldg D-5, Cincinnati. OH 45211. Information on the physical hazards of chemicals may be found in publications of the National Fire Protection Association, Boston, MA. Note: The following documents may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Occupational Health Guideline* NIOSH/OSHA (NIOSH Pub. No. 81-123). NIOSH Pocket Guide to Chemical Hazard* NIOSH Pub. No. 90-117. Registry ofToxic Effects of Chemical Substances (Latest edition) Miscellaneous Documents published by the National Institute for Occupational Safety and Health: Criteria documents. Special Hazard Reviews Occupational Hazard Assessments. Currant Intelligence Bulletins. OSHA's General Industry Standards (29 CFR Pari 1910) NTP Annual Report on Carcinogens and Summary of die Annua1 Report on Carcinogens. National Technical Information Service (NTIS). 5285 Port Royal Road, Springfield. VA 22161; (703) 487-4850. 00 A 019776 OONFTDrNTTAL 6180 Federal-Register / Vol. 59, No. 27. / Wednesd&y,'February ^,1(394 7 Rules and Regulations BWiogyapriic databases service provider Fie name BiMiograprilc Retrieval Services (BRS), 1200 Route 7, Latham, NY Biosis Previews 12110. CA Search Medan .. .NTIS ., Haanftne American Chemical Society Journal Excerpta Medea IRCS Mpdcal Science Journal Pte-Med Ind Pharmaceufical Abstracts Lockheed-OIALOQ Information Service. Inc., 3460 HMview Avenue, BloebPrev. Fles Pafo Alto, CA 94304. . CA Search Fles * CAB.Abefracts Chemical Erposure Chemname Chetreto'fiiea Chsmzero- EmbasaFIss Erwironmsntal Btbnographiea Envirolna' ' fedefa) Research in Progress IRL Life'Science Collection NTIS- Occupational Safety end Health (NIOSH) i ^ `, . , ,- Paper Chem SOC-ORBIT, SDC information Service, 2500 Colorado Avenue, Santa CAS Fles Monica, CA 90406. ,'" 4 , 4 Chemdex.2,3 NTIS. ' National Library of Meddne -------- --------------------------------_---------------- Haienfous Substances Data Bank (NSDB) Department at Health and Human Services, Public Health Service, Na Medina Flea tional Institutes at Health, Bethesda, MO 20209. Toxflne Flea .. Concert! RTECS ChenUrte Pergamon International Information Corp., 1340 Old Chain Bridge Rd, Laboratory Hazard BuBetin McLean, VA 22101. QuesteL Inc., 1625 Eye Street. NW, .Suite 818, Washington, DC 20006 CtSALO Caneemet Chemical Information System ICt (ICIS), Bureau of Nationaf Affairs, Structure and Nomenclature Search System (SANSS) 1133 15th StreeL NW. Suite 300, Washington, DC 20005. Acute ToxJdty (RTECS) CMcai Toxicology of Commercial Products OM and Hazardous Materials Technical Assistance Data System CCRIS' CESARS Occupational Health Services, 400 Plaza Drive, Secaucus, NJ 07094 MSOS, HazardRna Appendix D to _____ --Definition of "Trade Secret" (Mandatory) The following Is a reprint of the Restatement of Torts section 757, comment b (1939): fa. Definition of trade secret A trade secret may consist of any formula, pattern, device or compilation of Information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, s pattern for a machine or other device, or a list of customeis. It differs from other secret information in a business (see s750 of the Restatement of Torts which is not included in this Appendix) in thet It is not simply information as to single dr ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments msde or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally It relates to the production ofgoods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts. rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management Secrecy. The subject matter of a trade secret must be seaet Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be bis secret. Substantially, a trade secret is known only In the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. rn" A 0)9777 conftDFnT7a/ Federal Register / VoL -59. .No. 27?Wednesday; February 9, 1994 / Rules and Regulations 6181 Other* mey alto know of It Independently.. Knowledge acquired under the HCS will u, for example,when they have discovered help employers provide safer workplace* for the procHi or formula by Independent their employee*. When employer* neve Invention and are keeping it aeaet . information about the chemical* being uaed, Nevertheleat, a substantial element of secrecy they can take step* to reduce exposure*, muat exist, to that, except by the uee of substitute let* hazardous material*, and improper meant, then would be difficulty in eetabliah proper work practices. Theea efforts acquiring the information. An exact . will help prevent the occurrence of work- definition of trad* aecret U not poealbl*. related illnesses end injuries caused by Some fectort to be contldend In determining chemical*. , whether given Information it one'a trade The HCSeddre**** the Issue* ofevaluating aeaet tret (1) The extent to which the.. and communicating hazard* to worker*. ^ information la known outride of hi* buainett; Evaluation of chemical hazard* Involves a . (2) die extent to which it i* known by. ' number'of technical concepts, and la a employee* and other* involved in hu prooessthai requires the professional burineat; (3) the extent ofmeasure* taken by judgment`of experienced expert*. Theft why him to guard the secrecy of th* Information; - the HC$ 4 detjghM ao that employers who' (4) the value of the information to him and elmply uee'chemical*, rather then produce or hi* competitor*; ($) the amount of effort or impart them. are pot required to evaluate the money expended by him In developing the hazard* ofthbee'chemlori*. Hazard information; (6) the eate or difficultywith.- , . determination 1*.the responsibility of the which the Information could bt properly producers and importer* of th* materials. acquired or duplicated by other*. . . Producer* and Importers of chemical* are Novelty and prior aft A trad* *ectet may then tequjrad.!Q provide th* hazard be e device or procee* which I* patentable; 1 informstiohto employer* that purchase their but it need not be that It mey be device prodqcti< ' or proceet which l* clearly anticipated in the Employer* that doct produce or import prior art or on* which if merely a mechanical . chemIceu.lWbd holy fopus oh thorn pert* at improvement that a good mechanic can make. Novelty and invention *TM not . the rule that dael with establishing * workplace program end communicating requisite for a trade aeaet at they,are for - - - information to their worker*. Thi* appendix patentability. Theae requirement* era 1* a general guide for such employer* to help eeaendal to patentability beceuaaa patent . them determine whst's required under the protect* against unlicensed ute of the rule, It does not supplant or substitute for the patented device arproceta even by one who regulatory ptoviairms, but rather provide* dlacovert It property through Independent ; simplified outline of the step* an sversge reKerch. The patent monopoly 1* e reward to the inventor. But tucb'l* not the cue with * a trade aeaet It* protection i* not baaed on e policy of rewarding or otherwlae employer would follow to meet those requirement*; ' 1. Becoming FdmlUor With The Rule, encouraging the development of *eaet OSHA has provided e simple summary of processes or device*. The protection la - < merely tgainat breach of faith and - the HCS in e pamphlet entitled "Chemical Hazard Gdmmunlcatlon,'' OSHA Publication reprehensible meant of learning another'* aeaet For thi* limited protection it 1* not Number3084. Some employer* prefer to begin to become familiar with the rale's appropriate to require also the kind of requirements by reeding thi* pamphlet. A novelty and invention which it t requlilte of copy may be obtained from your local OSHA patentability. The nature of the aecret la, however, an important factor In determining the kind of relief that !* appropriate against one who I* subject to liability under the rule ateted in thi* Section. Thu*, if the aecret conaiat* of-e device or process which la a navel invention, one who acquire* the aecret wrongfully i* ordinarily enjoined from further um ofit and la required to account, for the profit* derived from hit put ute. V, on the other hand, the secret consists of . mechanical improvement* that * good mechanic can make without retort to the secret, the wrongdoer's liability may he limited to damage*, and an injunction against future use of the improvement* made with the aid of the secret may be Inappropriate. Am Office, or by contacting the OSHA Publicedons Office at (202) 523-0007. Thestandard is long, and soma parts of it are terfinlrel. but the basic concept* are simple. In fed, the requirements reflect whet many employer* have been doing for yean. You may find that you era already largely In compliance with many of th* provisions, and will simply have to modify your existing programs somewhat If you are operating in an OSHA-approved State Plan State, you muat comply with the State's requirements, which may M different than those of the Federal nils. Many of the State Plan State* had hazard communication or "right-to- know" law* prior to promulgation of the Federal rale. Employers in State Plan State* Appendix E to _ (Advisory)-- Guidelines for Employer Compliance should contact their State OSHA office* for more information regarding applicable requirement*. - The Hazard Communication Standard The HCS requires information to be (HCS) la baaed on a simple concept--that prepared and transmitted regarding all employee* have both a need and a right to hazardous chemical*. The HCS covers both know the hazard* and identities of the physical hazards (such as flammability), and chemicals they are exposed to when working. health hazard* (such as Irritation, lung They also need to know what protective damage, and cancer). Most chemical* used in measures are available to prevent adverse the workpiece 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 they need. One difference between this rule and many others tdopted by OSHA 1* that thi* one is performance-oriented. Thatmeans thet you neve the flexibility to adapt the rule to the needs of your workplace, rather than having to follow specific, rigid requirements. It also mean* that you have to exercise more judgment to Implement an appropriate and effective program- The standard's design 1* simple. Chemical manufacturer* and importer* must evaluate the hazard* of th* chemical* they product or import Using that information, they muat then prepare label* for .containers, end more detailed technical bulletin* celled material safety data sheet* (MSDS). Chemical manufacturers, importers, and. distributors ofhazardous chemical* ere all required to provide the appropriate label* ana materiel safety data sheet* to the employers to which they ship the chemicals. The Information is to be provided automatically. Every container of hazardous chemical* you receive must be labeled, tagged, or marked with the required information. Your suppliers muat also rend you a properly completed material safety data sheet (MSDS) at the time of th*.first shipment of the chemical, and with the next shipment after the MSDS la updated with new and significant information about the hazards You can rely on the information received from your suppliers. You have no independent duty to analyze the chemical or evaluate th* hazard* of It. Employer* that "ure" hazardous chemicals muat nave a program to ensure the information l* provided to exposed . - employ***. "U**" means to package, handle, react,'or transfer. This I* an intentionally broad scope, and Include* any situation where a chemical is present in such a way that employees'may he exposed under normal conditions of use or In a foreseeable emergency. The requirements of the rule thet deal specifically with the hazard communication program era found In thi* section in paragraph* (e), written hazard communication program; (f), label* end other forms of warning (gj. material safety date sheet*; and (h). employee information and training The requirement* of there paragraphs should be th* focus of your attention. Concentrate on becoming familiar with them, uiing paragraph* (b), scop* and application, ana (c),- definitions, as references when needed to help explain the provisions. Thera are two types of work operations where the coverage of the rule Is limited. There are laboratories and operation* where chemicals era only handled in waled container* (eg, i Warehouse). The limited provision* for there workplace* can be found in paragraph (b) of thi* section, scope and application. Basically, employer* having there type* of work operations need only keep label* on containers as they are received; maintain material safety data sheets that are received, and give employees access to them; and provide information and training for employees. Employers do not have to have written hazard communication programs and lists of chemicals for these types of operations; The limited coverage of laboratories and sealed container operations addresses the DO A 019778 OONFTDFNTT Al 61,82 Federal Register / VoL 59, No. 27 /..Wednesday, February 9, 1994 / Rules and Regulations obligation of an employer to tb* worker* la. tb* operation* involved, ad 4dm not affect the employer's dutfes aa a distributor of chemical*. For example, dfatritator may have warehouse operation* where employee* would be protected under the llmltad aaaiied container provisions. Iq. this rituatfon, requirements far obtaining and maintaining MSDSe an lihiited to providing eccere to those received with mntahwr*-while lb* substance is In the wmkplace, and requesting MSDS* when employees request scores far thoae not received with the container*. However, ** a distributor of hazardous chemicals, that employer will still here retponribtiittre far providing MSDSe to downstream customers at the time of the first shipment and when the MSDS is updated. Therefore, although they may not be required for the employeee in the work operation, the distributor may, nermthelees, hare to hare MSDSe to satisfy other requirements of the rule. 3. Identify Responsible Staff Hazard communicatian 1* going to be a continuing program in your fadlity. Compliance with the HCS is not a "one shot deal." In order to have a successful program, it will be necessary to assign responsibility far both the Initial and ongoing activities met hare to be undertaken to comply with the rule, tn some case*. there activities may already be pert ofcurrent fab eealgnments. Por example, alte supervisors are frequently responsible far on-tne-fab training sesrWis Eeny Identification ofthe reaponsible. employeee, end involvement of them in the development of your plao of action, will result is a mare affective program design. Evaluation of the effecttvepare of your program will also be enhanced by involvement of affected employees. Por any safety and health program, success depends on commitment et every level of the organization. This is particularly true far hazard communication, where success requires a change in behavior. This will only occur If employers understand the program, and are committed to its success, and u employees an motivated by the people presenting the Information to them. 3. Identtfy Hazardous Chemical in the Workplace. The standard requires a list ofhazardous chemicals In the workplace as pert of the written hazard oommnntfatton program. The list will eventually serve as an Inventory of everything for which an MSDS must be maintained. At this point, however, preparing the list wQt help you complete the. rest of the program since it will give you some idea of the scope of the program required far compliance in your facility. The best way to prepare a comprehensive list Is to survey the workpiece. Purchasing records may also help, and certainly employers should establish procedures to ensure that in the future purchasing Klures result in MSDSe being received material la used in the workplace. The broadest possible perspective should be taken when doing the survey. Sometimes people think of "chemicals" as being only liquids in containers. The HCS covers chemicals in ell physical farm*--liquids, eoUda. gases, vapor*, fumes, and mlsts--- the written plan requirements are leboretorire and work operation* where whetber they ere "contained" of nat The employees only handle chemical* In reeled haxvdou* nature ofthe chemical and the container*. See paragraph (b) of this section potential far expoanre are the fectore which scope and application, far the specific determine whether a chemical to covered. If requirements far these twd type* of it's not hazardima,iftnot covered. Ifthere workplaces. . chemj^l^rihlaSi^lyTboun<fand cannot be Ttw plan doe* oof hare to be lengthy or complicated. R is intended to he * blueprint released), the rule does not cover the assurance that ell aspects a Look around. Identify chemicals In containers. Including pipes, hut also think bare been addressed.' Many trad* association* and other about chemicnle generated In the work operations. For example, welding faunae, duet*. end exhaust fume* ere ell squrcea of professional groups bare provided sample program* and othar assistance material* to aflsieted employers. These here been very chemical exposures. Reed labels-provided by helpful to many employers since they tend t suppliers far hehnd Infarmetkm. Make that atell chemicals in the wmkpleoe that are potentially hazardous. For your own information and planning, you may also went be tailored to the particular Industry Involved. You may wish to Investigate whether your Industry trade group* hare developed such materials. * to note on the list the locetjonfs) of the products within the workpiece, end an Indication of the hazard* as found on the Although such general guidancemay be helpful, you must remember that the written program ha* to reflect what youtr* doing In lebeL This arill help you m you prepare the your workplace. Therefore, U you use a. rear ofyour program. ganeric'pogrun It must be adapted to Paragraph fb) of this section, scope and address tly fadllfy.M ocwrBa^^jqmmpje. application, Include* exemptions (& various - prarentet t^rit^lhdp&a WboUtobe chemicals or workplace sltuetiosm,After ; review paragraph fb} of this section to determine if any of the itsins can be . , eliminated from the list because they are exempted material*. For example, food, drugs, and cosmetics brought Into the workplace far employee consumption cm exempt So rubbing alcohol tn tbs first aid kit would not be covered. reepqneiMe fair flie'various aspect* of the prcgram lh your facility, and indicate where written materials will be padeavailableTo employees. lfOSHA inspects your workplace for compliance with the HCS, the OSHA compliance offioar will sek to see your written plan at the outset of the Inspection. In general, the following items will be Once you have compiled at complats a list considered In evaluating your program. m possible of the potentially The written protpam must describe how chemicals in the wctkplaoe, the next step is to determine If you here received materiel the requirement* for label* and other forms ofwarning, material safety data sheets, and safety data sheets far all of them. Chack your file* against thrInventory you hare fast compiled. If any art missing, contact your employee lnformatioc end training, are goln^ to be met in your facility. The fallowing discussion provides the type of information supplier end request one. It li a good Idea to compliance officers will be looking for to document there requests, either by copy ofe decide whether three elements of the hazard letter or a note regarding telephone , ; , convertationa. if you hare MSD5a for chemicals that are not on your lisCfigure out why. Maybe you don't use the chemical anymore. Or maybe you missed itfatjtour surrey. Sons suppliers do provide MSDSe oosnmunicetioa program here been properh add trend: A. label* and Other Form* of Warning In-plant container* of hazardous chemical mustbe labeled, tagged, t* marked with the far products that are not hazardous. These do Identity of the materiel end appropriate nothereto be maintained by you. You should not allow employees to use any chemicals far which you hare not received an MSDS. The MSDS provide* information you need to ensure proper hazard warnings. Chemical manufacturer*. Importer*, and distributor* are required to ensure that every container of hazardous chemicals they ship is appropriately labeled . with such Information and with the name protective measure* era implemented prior to 'and address of the producer or other exposure. responsible party. Employer* purchasing 4. Preparing and Implementing a Hazard Communication Program All workplace* where empkfyere are chemicals can rely on the' labels provided by their supplier*. If the material 1* subsequently transferred by the employer from a labeled container to another container exposed to hazardous chemlcan must hare a the employer will have to label that container written plan which describe* how the unlesa it Is subject to the portable container standard will be implemented in that facility. exemption. See paragraph (IJ of this section Preparation of a plan la not fast a paper for specific labeling requirements. exercise--all of um element* must be The primary Information to be obtained Implemented in the workpiece In order to be from an OSHA-requtred label is an identity In compliance with the rule. See paragraph for the material, and appropriate hazard (e) of thii section for the specific ' warning* The Identity la any term which requirement* regarding written hazard appear* on the label, the MSDS, and the list communication programs. The only work of chemicals, and thua links these three operation* which do not have to comply with sources of Information. The identity used by DO A 019779 1' CONFTDFNTTAL Federal Register /- Vol. `59, No. 27 /' Wednesday, February 9, 1994 / Rules and Regulations 6183 the supplier may be e common or trade name request one. If you receive one that Is program ln terms of MSDS* is to ensure that ("Bled Magic ramula"). or a chemical obviously inadequste, with, for exempli someone Is responsible for obtaining end. name (l.l.V.-trlchlotoethane). The.hazard blank spaces that ere not completed, you maintaining the MSDS* for every hazardous warning la a brief statement of the hazardous should request an appropriately completed chemical In ihe workplace. The list of effects of the chemical ("flammable," "cause* one. If your request for date sheet Or for a hazardous' chemicals required to be lung damage"). Labels frequently contain corrected data sheet does not produce the maintain*** a* partof the written program other Information, such at precautionary Information needed^you should contact your will serve a* an inventory. As new chemicals measure* ("do not use near open flame"), but local OSHA Ana Office for assistance in. are purchased, tha list should be updated. thla information U provided voluntarily end obtaining the MSDS. ' Many companies bay* found it convenient to ianot required by the rule. Labels must be The role of MSDSe under the rule is to- include on their purchase order* the name - legible, end prominently displayed. There are provide detailed Information on each end address of tha person designated In their no specific requirements for size or color, or hazardous chemical, including its potential company to receive MSDS*. any specified text. With theee requirements in mind, the compliance officer will be looking for the hazardous effects, its physical knd chemical characteristics, and recommendations for appropriate protective measure*..This . C Employee Information and Training Each employe* Who may be "exposed" to following type* of Information to ensure that labeling will be properly implemented Is your facility: 1. Designation of person(s) responsible for ensuring labeling of in-plantcontainers; 2. Designation ofperson(s) responsible for ensuring labeling of any thlpped containers: 3. Description oflabellng system(s) used; ' 4. Description ofWritten alternatives fo labeling of in-plant containers (If used); tnd, S. Procedures to review and updats label Information when necessary. - Employer* that art purchasing and using hazardous chemicals--rather than producing or distributing them--will primarily be concerned with ensuring that every purchased container is labeled. Ifmaterials are transferred into other containers, the' employer must ensure that these are labeled es well, unless they fell under the portable container exemption (paragraph (f)(7) of this section). In farms of labeling systems, you can simply choose to use the labels provided by your suppliers on the containers. These will generally ha verbal text labels, and do not usually Include numerical rating systems or symbols that require spedal training.- The meet important thlngto remember Is that this Is continuing duty*-ell ln-plant containers of hazardous chemicals must always be labeled. Therefore, It is important to designate someone to be responsible for ensuring that the labels are maintained as required on the container* In your facility, ana that newly purchased materiel* are Information should b* useful to you as-the employer feeponslble for designing .. protective programs, as well as to the '' worker*. Ifyou are.not femlllar with material' safety data sheets and with chemical terminology, you my need to leant to use them yourself. A glossary of MSDS torina may be helpful' In this regird. Generally speaking moat employer* using hazardous chemicals will primarily be concerned with MSDS Information regarding hazardous ' effects and recommended protective measure*. Focus on the sections of the MSDS that ire applicable to your situation. MSDS*. must be readily accessible to . employee* when they are In their work areas during their worishlft*. This may be accomplished In many different way*. You must decide what Is appropriate for your particular workplace. Soma employer* keep the MSDS* In binder in a central location (eg., in the pick-up truck on a construction site). Other*, particularly in workplace* with large numbers of chemicals, computerize the information and provide access through terminals. A* long a* employee* can get the Information when they need it, any approach may be used. The employee* must have access to the MSDSa themselves--simply having a system where the information can be read to them over the phone la only permitted under the mobile worksite provision, paragraph (gX) of this section, when employees must travel between workplace* during the shift. In this situation, they nave access to the MSDS* prior to hazardous-chemicals whed working must be providwl information and trained prior to Initial assignment fo work with a hazardous chemical, and whenever the hazard change*. "Exposure" ** vexposed" under the rule meansthat"an employee Isiubjected to a hazardous chemical In tha bourse of employment through any route of entry (inhalation, ingestion, skin contact or . absorption, etc.) and include* potential (e.g, accidental or possible) exposure." See paregrephfh) of thte section for specific requirement*. Information and training may be done either by Individual chemical, or by categories of hanuds (such a* flammability or carcinogenicity). If there are only a few chemicals In the workplace, then you may want to 'tifnift each one Individually. Where there are lam* number* of chemical*, or. the chemical* change frequently, you will probably want to train generally based on the hazard categories (e.g, flammable liquids, corrosive materials, carcinogens). Employees will hava access to the substance-specific information on tha labels and MSDSa. Information and training la a critical part of the hazard communication program. Information regarding hazard* tnd protective measure* are provided to workers through written label* and material safety data sheets. However, through effective Information and training, worker* will learn to read and understand such Information, determine how it can be obtained and used in their own workplaces, and understand the risk* of exposure to the chemicals In their - checked for label* prior to use. leaving the primary worksite, and whan they workplaces ae well as the ways to protect B. Material Safety Data Sheets Qiemlcal-manufacturers and importers are required to obtain or develop a material safety data sheet for each hazardous chemical they produce or Import. Distributor* ere responsible fo^ensuring that their customers ere provided a copy of theee MSDSs. return, to the telephone system la simply an emergency arrangement. In order fo ensure that you have e currant MSDS for each chemical In the plant as required, and that employee access Is provided, the compliance officer* will b* looking for the following types of Information In your written program: themselves. A properly conducted training program will ensure comprehension and understanding, ft la not aufficient to either lust read material to the worker*, or simply band them material to reed. You want to create a climate where worker* feel free to tsk questions. This will,help you to ensure that the Information la understood. YouTnust Employer* must neve an MSDS for each hazardous chemical which they use. 1. Designation ofpersons) responsible for always remember that the underlying obtaining and maintaining tha MSDS*; purpose of the HCS is to reduce the Employers may rely on the Information received Grom their suppliers. The specific 2. How such sheets era fo be maintained In the workplace (e.g, in notebook* in the incidence of chemical source illnesses and injuries. This will he accomplished by requirements for material safety data sheets work'areafe) or in a computer with terminal modifying behavior-through the provision of are In paragraph (g) of thla section. access), and how employees can obtain hazard Information and information about There la no specified format for the MSDS access to them when they are in their work ' protective measures. If your program works, under the rule, although there are specific are* during the work shift; you and your workers will better understand Information requirements. OSHA has 3. Procedures to follow when the MSDS 1* the chemical hazards within the workplace. developed a non-mandatory format. OSHA not received at the time Of the first shipment; The procedure* you establish regarding, for Form 174, which may be used by chemical 4. For producer*, procedures to update the example, purchasing storage, and handling manufacturer* and Importer* to comply with MSDS when new and significant health of these eftewiifU will Improve, and thereby the rule. The MSDS must be In English. You Information is found; and. reduce the risk* poeed to employee* exposed are entitled to receive from your supplier a 5. Description of alternatives to actual date to Ihe chemical hazards involved. data sheet which Includes all of the sheets In the workplace. If used. Furthermore, your Worker*' comprehension information required under the rule. If you For employer* using hazardous chemicals, will also be Increased, and proper work do not receive one automatically, you should the most important aspect of the written practices will be followed in your workplace. DO A 019780 CONFTDFNTTAL 6104 Federal Register l Vol. 59, No. Z7 / Wednesday, February 9, 1994 / Rules end Regulations If you are going to do tin training yourself, you will have to understand the material and be -prepared to motivate the workan to learn. Thla la not always an easy teak, but the benefits are worth the aSort Mot* Information regarding appropriate training can be found in OSHA Publication No. 2254 which contains voluntary training guidelines prepared by OSHA1* Training institute. A copy of this document is available from OSHA'a Publications Office at (102) 210- 4687. In reviewing your written program with regard to Information and training, the fallowing Item* need to be considered: 1. Designation ofperaon(a) responsible for conducting training; 2. Format ofthe program to be used (audiovisuals, classroom Instruction, etc); 3. Elements of the training program (should be consistent with the elements In paragraph (h) of this taction); and, 4. Procedure to train new employees at the time of their Initial assignment to work with hazardous chemical, and to train employees when a haw hazard la Introduced Into the workplace _ The written program should provide enough details shout the employer's plans in this area to assess whether or not a good faith effort is being made to train employees. OSHA does not expect that every worker will be able toredteallof the Information about each chemical in the workplace. In general, the moet.lmpoetant aspects of training under the HCS are to ensure that employees are aware that they are exposed to hazardous chemicals, that they knowhow to reed and use labels and material safety data sheets, and that, as a consequence of learning this information, they an following the appropriate protective measure* established by the employer. OSHA compliance officers will be tilting to employees to determine if > obtain substancespecific Information on labala and MSDSa. Tba rule does not require employers to maintain records ofemployee training, but many employers choose to do so. This may help you monitor your own program to ensure that all employees are appropriately trained. If you already have a training program, you may simply have to supplement it with whatever additional Information la required under the HCS. Par answer* to the basic questions outlined example, construction employer* that are above. It will be found to be In ampltmni already in compliance with the construction with the rule. training standaid (29 CFR 1926.21) will have little extra training to do. 5. Qtecklitt/or Compliance Ah employer can provide employees Tbe following checklist will help to ensu information and training through whatever you are in compliance with the rule:. means art found appropriate and protective. Obtained a copy of the rule. Although there would always have to be Reed and understood the requirement*. seme training on-site (such a* Informing employees of tba location and availability of Assigned responsibility lor tasks. the written program and MSDSa), employee Prepared an inventory of chemicals.. training may be satisfied In part bv general Ensured containers ere labeled.____ training about the requirements of the HCS ' Obtained MSDS for eat* chemical. _ and about chemical hazards on tba Job which Prepared written urogram.______ is provided by. for example, trad*' .. Made MSDS* available to worker*. _ association*, unions, college*, and Conducted training ofworkers. professional schools. In addition, previous Established procedure# to maintain current training, education and experience of a ' program: ' worker they relieve, the employer of some of Established procedure! to evaluate the burdens of Informing and tnlnlhe that ffilCtiWMM. k worker. Regardless of the method relied upon, however, the employer la always, 6. Further Assistance - ultimately responsible lor ensuring that - . ifyouhave equerdon regarding employees are adequately trained,!!the compliance officer findf that the tralhingii " deficient, tba employerwill bpeltpd for the' deficiency regardless qfwhoadually .~ compUanoa with the HCS, you should contact your local OSHA Area Office for ee*l#t*noa.4tt addition, each OSHA Regione Office has a Hazard Communication - provided the training on behalfof the employer.. , Coordinator who can answer your questions Free consultation services are also available D. Other Requirement! In addition to these specific items, compliance officers will also be asking the to assist employers, and information regarding these services tin b* obtained through the Area and Regional offices as following questions In assessing the - - adequacy of the program: Does a list of tne haardmis chemicals exist in each work area or at a central locatfonT Are method* the employer will use to inform employees of the hazards postroutine tasks outUnedT . Am employee* Informed of the hazards The telephone number for the OSHA offic doMatto you should be Bated In your local k, telephone directory. Ifyou ere not able to ^ obtain this information, you may contact OSHA'a Office of Information and Consume: Affairs at (202) 219-6151 for further assistenne In Identifying the eppruprtate associated with chemicals contained In unlabeled pipes in their work arerisT On multi-employer worksite*, baa tba. employer provided other employers with 6. In S1926-21, paragraph (*XS) i* republished for the convenience of the user to read as follows: Information about labeling systems end 1192&21 Appttcabte standards In 29 CFR precautionary measures when the other Part 1910. employers have employsss exposed to the Initial employer** ctienilcaW (a)* * Is the written program made available to employees' and thait designated representative*? * Ifyour program adequately addressee tba means of communicating information to (5) Hazard communication-- $1910.1200. * * (FR Doc 94-2273 Filed 3-6-94; 8:45 m] employees in your workplace, end provides A mn--