Document o9R3jOkO3YwX6Rp2nQJnnpp3

ABD00294334 S-216 31:9101 k OCCUPATIONAL SAFETY AND HEALTH STANDARDS SUBPART Z - TOXIC AND HAZARDOUS SUBSTANCES HAZARD COMMUNICATION STANDARD (Code of Federal Regulations, Title 29, Chapter XVII, Part 1910, Subpart Z, Section 1910.1200; Issued by 48 FR 53280, November 25, 1983; amended and corrected by 50 FR 48758, November 27, 1985; amended by 51 FR 345297, September 30, 1986) Authority: Section 1910.1200 issued un der 5 U.S.C. 553. $1910.1200 Hazard communication. (Sec. 1910.1200 added by 48 FR 53280. November 25, 1983] (a) Purpose. (1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated, and that information concerning their hazards is transmitted to affected employers and employees within the manufacturing sector. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training. (2) This occupational safety and health standard is intended to address comprehensively the issue of evaluating and communicating chemical hazards to employees in the manufacturing sector, and to preempt any state law pertaining to this subject. Any state which desires to assume responsibility in this area may only do so under the provisions of $ 18 of the Occupational Safety and Health Act (29 U.S.C. 651 et. seq.) which deals with state jurisdiction and state plans. (b) Scope and application. (1) This section requires chemical manufacturers or importers to assess the hazards of chemicals which they produce or import, and all employers in SIC Codes 20 through 39 (Division D, Standard Industrial Classification Manual) to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers in SIC Codes 20-39. (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: (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees: and, (iii) Employers shall ensure that laboratory employees are apprised of the hazards of the chemicals in their workplaces in accordance with paragraph (h) of this section. (4) This section does not require labeling of the following chemicsls: (i) Any pesticide as such term is defined in the Federal Insecticide. Fungicide, and Rodenticide Act (7 U.S.C. 138 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency: (ii) Any food, food additive, color additive, drug, or cosmetic, 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.C. 301 et seq.) and regulations issued under that Act, when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration; (iii) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use. as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements cf that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, and Firearms; and, (iv) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 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. (5) This section does not apply to: (i) Any hazardous waste as such term is defined by the Solid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency; 10-29-86 (Sec. 1910.1200(b)(5)(i)J Published by THE BUREAU OF NATIONAL AFFAIRS, INC.. Washington. D C. 20037 103 ABD00294335 31:9102 REFERENCE FILE (ii) Tobacco or tobacco products; (iii) Wood or wood products; (iv) Articles; and, (v) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace. (c) Definitions. "Article" means a manufactured item: (i) Which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use. "Assistant Secretary" 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 in SIC Codes 20 through 39 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 the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. "Combustible liquid" means any liquid having a flashpoint at or above 100*F (37.8*C), but below 200*F (93.3`C),, except any mixture having components with flashpoints of 200*F (93.3'C). or higher, the total volume of which make up 99 percent or more of the total volume of the mixture. "Common name" means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by ita chemical name. "Compressed gas" means: (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70*F (21.1*C); or (ii) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130'F (54.4*C) regardless of the pressure at 70*F (21.rC): or (iii) A liquid having a vapor pressure exceeding 40 psi at 100*F (37.8*C) as determined by ASTM D-323-72. "Container" means any bag, barrel, bottle,.box, can, cylinder, drum, reaction vessel, storage tank, or the like that containes a hazardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers. "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. "Director" means the Director. National Institute for Occupational Safety and Health. U.S. Department of Health and Human Services, or designee. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to manufacturing purchasers. "Employee" means a worker employed by an employer in a workplace in SIC Codes 20 through 39 who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel or non-resident management are generally not included, unless their job performance routinely involves potential exposure to hazardous chemicals. "Employer" means a person engaged in a business within SIC Codes 20 through 39 where chemicals are either used, or are produced for use or distribution. "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion,, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure. "Flammable" means a chemical that falls into one of the following categories: (i) "Aerosol, flammable" means an aerosol that, when tested by the method described in 10 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening; (ii) "Gas, flammable" means: (A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or (B) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit; (iii) "Liquid, flammable" means any liquid having a flashpoint below 100'F (37.8*C), except any mixture having components with flashpoints of 100*F (37.8*C) or higher, the total of which make up 99 percent or more of the total volume of the mixture. (iv) "Solid, flammable" means a solid, other than a blasting agent or explosive as defined in $ 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited bums so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if. when tested by the method described in 16 CFR 1500.44, it ignites and bums with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. "Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows: (i) Tagliabue Closed Tester (See American National Standard Method of Test for Flash Point by Tag Closed Tester. ZU.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100*F (37.8*C), that do not contain suspended solids and do not have a tendency to form a surface film under test: or (ii) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester. Zll.7-1979 (ASTM D 9379)) for liquids with a viscosity equal to Occupational Safety & Health Reporter [Sec. 1910.1200(c)] t04 ABD00294336 HA2ARD COMMUNICATION STANDARD S-216 31:9103 or greater ihan 45 SUS a 100*F (37.0*C). or that contain suspended solids, or that have a tendency to form a surface film under test; or (iii) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3270-78)). Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above._ "Foreseeable emergency" means any potential occurrence such as, but not limited to. equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. "Hazard warning" means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazards of the chemical(s) in the container(s). "Hazardous chemical" means any chemical which is a physical hazard or a health hazard. "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 considered hazardous for purposes of this standard. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS. "Immediate use" means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled Service (CAS) Registry Number, or any container and only within the work shift other information that reveals the in which it is transferred. precise chemical designation of the "Importer" means the first business substance. with employees within the Customs "Trade secret" means any Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or manufacturing purchasers within the United States. confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not "Label" means any written, printed, or know or use it. Appendix D sets out the graphic materia] displayed on or affixed to containers of hazardous chemicals. criteria to be used in evaluating trade secrets. [Section 1910.1200(c) trade secret defini "Manufacturing purchaser" means an employer with a workplace classified in SIC Codes 20 through 39 who purchases a hazardous chemical for use within that tion amended by 50 FR 48758, November 27. 1985 on an interim basis and has been in effect since that time; adopted preman- workplace. cntly by 51 FR 34597, September 30, 1986] "Material safety data sheet (MSDS)" "Unstable (reactive)" means a means written or printed material chemical which in the pure state, or as concerning a hazardous chemical which produced or transported, will vigorously is prepared in accordance with polymerize, decompose, condense, or paragraph (g) of this section. will become self-reactive under "Mixture" means any combination of conditions of shocks pressure or two or more chemicals if the temperature. combination is not, in whole or in part, "Use" means to package, handle, 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 a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. react, or transfer. "Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard. "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees arc present. "Oxidizer" means a chemical other "Workplace" means an establishment than a blasting agent or explosive as at one geographical location containing defined in S 1910.109(a). that initiates or one or more work areas. promotes combustion in other materials, (d) Hazard determination. (1) thereby causing fire either of itself or Chemical manufacturers and importers through the release of oxygen or other shall evaluate chemicals produced in gases. "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or waterreactive. "Produce" means to manufacture, process, formulate, or repackage. "Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130* F (54.4* C) or below. their workplaces or imported by them to determine if they are hazardous. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical to satisfy this requirement. (2) Chemical manufacturers, importers or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards. For health hazards, evidence . which is statistically significant and which is based on at least one positive "Responsible party" means someone study conducted in accordance with who can provide additional information established scientific principles is on the hazardous chemical and considered to be sufficient to establish a appropriate emergency procedures, if hazardous effect if the results of the necessary. study meet the definitions of health "Specific chemical identity" means hazards in this section. Appendix A the chemical name, Chemical Abstracts shall be consulted for the scooe of 10-29-8$ (Sec. 1910.1200(d)(2)] Published by THE BUREAU OP NATIONAL AFFAIRS INC.. Washington. O.C. 20037 105 31:9104 ABD00294337 REFERENCE FILE health hazards covered, and Appendix B shall be consulted for the criteria to be followed with respect to the completeness of the evaluation, and the data to be reported. (3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed in them are hazardous: (i) 29 CFR Part 1910. Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA); or, (ii) Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). The chemical manufacturer, importer, or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard. (4) Chemical manufacturers, importers and employers evaluating chemicals shalftreat the following .sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (i) .National Toxicology Program (NTP), Annua] Report on Carcinogens (latest edition): . (ii) International Agency for Research on Cancer (1ARC) Monographs (latest editions): or (iii) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration. Note.---The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether e chemical has been found by NTP or IARC to be a potential carcinogen. (5) The chemical manufacturer, importer or employer shall determine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous; (ii) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen under paragraph (d)(4) of this section: (iii) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture: and (iv) If the employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard. (6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate. The written procedures are to be made available, upon request to employees, their designated representatives, the Assistant Secretary and the Director. The written description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Written hazard communication program. (1) Employers shall develop and implement a written hazard communication program for their workplaces which at least describes how the criteria specified in paragraphs (f). (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also includes the following: (i) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas): (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas; and. (iii) The methods the employer will use to inform any contractor employers with employees working in the employer's workplace of the hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures. (2) The employer may rely on an existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). (3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements'of 29 CFR 1910.20(e). (f) Labels and otherforms of warning. (1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (1) Identity of the hazardous chemical(s); (ii) Appropriate hazard warnings; and (iii) Name and address of the chemical manufacturer, importer, or other responsible party. (2) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation. (3) If the hazardous chemical is regulated by OSHA in a substance* specific health standard, the chemical Occupational Safety & Health Reporter (Sec. 1910.l200(t)(3)J 106 HAZARD COMMUNICATION STANDARD ABD00294338 S-216 ft 31:9105 manufacturer, importer, distributor or employer shall ensure that the labels or other forms of warning used are in accordance with the requirements of that standard. (4) Except as provided in paragraphs (f)(5) and (f)(0) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information: (i) Identity of the hazardous chemical(s) contained therein: end (ii) Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(4) of this section to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. (6) The employer is not required to label portable containers into which, hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. (7) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. (9) 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. (g) Material safety data sheets. (1) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet for each hazardous chemical which they use. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (1) The identity used on the label, and, except as provided for in paragraph (f) of this section on trade secrets: (A) If the hazardous chemical is a single substance, its chemical and common name(s); (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself: or, (C) If the hazardous chemical is a mixture which has not been tested as a whole: (/) 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)(4) 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 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): (iii) The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity; (iv) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical: (v) The primary route(s) of entry; (vi) The GSHA permissible exposure limit ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available; (vii) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA; (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. (xii) The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. (3) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the materia! safety data sheet shall mark it to indicate that no applicable information was found. (4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures. (5) The chemical manufacturer, 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 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 materiat safety data sheet within three 10-29-86 (1910.1200(g)(5)] Published by THE BUREAU OF NATIONAL AFFAIRS INC., Washington. O.C. 20037 107 31:9106 ABD00294339 REFERENCE FILE 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) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals 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. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing purchaser prior to or at the time of the shipment. If the material safety data sheet is not provided with the shipment, the manufacturing purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and manufacturing purchasers of hazardous chemicals. (8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (9) Material safety data sheets may be . kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). (10) Material safety data sheets shall also be made readily available, upon request, to designated representatives and to the Assistant Secretary, in accordance with the requirements of 29 CFR 1910.20(e). The Director shall also be given access to material safety data sheets in the same manner. (h) Employee information and training. Employers shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard Is introduced into their work area. (l) Information. Employees shall be informed of: (1) The requirements of this section: (ii) Any operations in their work area where hazardous chemicals are present: and. (iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this section. (2) Training. Employee training shall include at least: (i) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.): (ii) The physical and health hazards of the chemicals in the work area; (iii) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to the used: and, (iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet and how employees can obtain and use the appropriate hazard information. .[Editor's Note: The Occupational Safe ty and Health Administration November 27. 1985 (50 FR 48750) amended the following sections, 1910.1200(0(1 )(iv), (i)(3) introductory text, (i)(6), (i)(7)(0. (0(8), (0(9) introductory text, (i)(9)(ii) and (iii) and (i)(10((i) on an interim ba sis. and have been in effect since that time. On September 30, 1986 (51 FR 34597) the Administration adopted permanently the above provisions of 1910.1200.) (i) Trade secrets. (1) The chemical manufacturer, importer or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (1) The claim that the information withheld is a trade secret can be supported: (ii) Information contained in the materiel safety data sheet concerning the properties and effects of the hazardous chemical is disclosed: (iii) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret; and, (iv) The specific chemical identity is made available to health professionals, employees, and designated representatives, in accordance with the applicable provi sions of this paragraph. [ 1910.1200(i)( I )(iv) amended by 50 FR 48758. November 27, 1985) (2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of paragraphs (i) (3) and (4) of this section, as soon as circumstances permit. (3) In non-emergency situations, a chemical manufacturer, importer or employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under paragraph (i)(l) of this section, to a health professional (i.e. physician, industrial hygienist, toxicologist, epidemiologist, or occupational health nurse), providing medical or other occupational health services to exposed employee(s), and to employees or designated representatives, if: [ 1910.1200(i)(3) introductory text, amend ed by 50 FR 48758, November 27, 1985; revised by 51 FR 34597, September 30, 1986] (i) the request is in writing; (ii) The request describes with reasonable detail one or more of the following occupational health needs for the information; Occupational Safety & Health Reporter [Sec. 1910.1200<i)(3)(ii>] 106 HAZARD COMMUNICATION STANDARD ABD00294340 S-209 31:9107 (A) To assess the hazards of the chemicals to which employees will be exposed; (B) To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; (C) To conduct pre-assignment or periodic medical surveillance of exposed employees; (D) To provide medical 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 effects of exposure. (iii) The request explains in detail why the disclosure of the specific chemical identity is essential and that, in lieu thereof, the disclosure of the following information to the health professional, employee, or designated representative, would not satisfy the purposes described in paragraph (i)(3)(ii) of this section: (|9l0.1200(i)(3)(iii) corrected by 50 FR 48758, November 27, 1985) (A) Tne properties and effects of the chemical; (B) Measures for controlling workers exposure to the chemical; (C) 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 a description of the procedures to be used to maintain the confidentiality of the disclosed information; and, (v) The health professional, and the employer or contractor of the services of the health professional (i.e. downstream employer, labor organization, of individual employee), employee, or designated representative, agree in a written confidentiality agreement that the health professional, employee, or designated representative, will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA. as provided in paragraph (i)(6) of this section, except as authorized by the terns of the agreement or by the chemical manufacturer, importer, or employer. (1910.1200(i)(3)(v) corrected by 50 FR 48758. November 27. 1985) (4) The confidentiality agreement authorized by paragraph (i)(3)(iv) of this section: (i) May restrict the use of the information to the health purposes indicated in the written statement of need; (ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and, (iii) May not include requirements for the posting of a penalty bond. (5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law. (6) If the health professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to OSHA. the chemical manufacturer, importer, or employer who provided the information shall be informed by the health professional, employee, or designated representative prior to,-or at the same time as, such disclosure. (1910.1200(0(6) amended by 50 FR 48758. November 27, 1985) (7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity, the denial must: (i) Be provided to the health profession al. employee, or designated representative, within thirty days of the request; (I910.l200(i)(7)(i) amended by 50 FR 48758, November 27, 1985] (ii) Be in writing; (iii) Include evidence to support the claim that the specific chemical identity is a trade secret; (iv) State the specific reasons why the request is being denied; and, (v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity. (6) The health professional, employee, or designated representative, whose request for information is denied under paragraph (i)(3) of this section may refer the request and the written denial of the request to OSHA for consideration. (1910.l200(i)(8) amended by 50 FR 48758. November 27, 1985] (9) When a health professional, employee, or designated representative refers the denial to OSHA under paragraph (i)(b) of this section. OSHA shall consider the evidence to determine if: (1 9 I 0.1 200(i)(9) introductory text, amended by 50 FR 48758, November 27. 1985] (i) The chemical manufacturer, importer, or employer has supported the claim that the specific chemical identity is a trade secret; (ii) The health professional, employee, or designated representative, has supported the claim that there is a medical or occupational health need for the information: and (iii) The health professional, employee, or designated representative, has demonstrated adequate means 4o protect the confidentiality. (1910.1200(i)(9)(ii) and (iii) amended by 50 FR 48758. November 27. 1985] (10)(i) If OSHA determines that the specific chemical identity requested under paragraph (i)(3) of this section is not a bona fide trade secret, or that it is a trade secret, but the requesting health professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer, or employer will be sunject to citation by OSHA. (1910.l200(i)(l0)(i) amended by 50 FR 48758. November 27. 1985) 4-3-86 [Sec. 1910.1200(i)(10)(ii)] Published by THE BUREAU OF NATIONAL AFFAIRS INC.. Washington. D.C. 20037 103 31:9108 ABD00294341 REFERENCE FILE (ii) If a chemical manufacturer, importer, or employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. data sheets with initial shipments by November 25,1985. (2) Distributors shall be in compliance with all provisions of this section applicable to them by November 25, 1985. (3) Employers shall be in compliance with all provisions of this section by May 25,1988, including initial training for all current employees. Appendix A to $ 1910.1200--Health Hazard Definitions (Mandatory) "acute" and "chronic" are used to delineate between effects on the basis of severity or duration. ``Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration. The acute effects referred to most frequently are those defined by the American National Standards Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1982)--irritation, corrosivity, sensitization and lethal dose. Although these are important health effects, they do not adequately cover the considerable range of acute (11) If. following the issuance of a citation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enforcement of the citation. In accordance with Commission rules, the Administrative Law )udge may review the citation and supporting documentation in camera or issue appropriate protective orders. (12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information Although safety hazards related to the effects which may occur as a result of physical characteristics of a chemical occupational exposure, such as, for can be objectively defined in terms of example, narcosis. testing requirements (e.g. flammability), health hazard definitions are less precise and more subjective. Health hazards may cause measurable changes in the body--such as decreased pulmonary function. These changes are generally indicated by the occurrence of signs and symptoms in the exposed employees--such as shortness of breath, a non-measurable, subjective feeling. Employees exposed to such hazards must be apprised of both the change in body function and the signs and symptoms that may occur to signal that change. Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These' effects are obvious a concern in the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy. The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace as a result of chemical exposures cannot realistically be accomplished. This doe3 not negate the need for employees to be which this section requires the chemical The determination of occupational informed of such effects and protected manufacturer, importer, or employer to health hazards is complicated by the from them. make available. Where there is a trade fact that many of the effects or signs and Appendix B, which is also mandatory, secret claim, such claim shall be made symptoms occur commonly in non* outlines the principles and procedures of no later than at the time the information occupationally exposed populations, so hazard assessment. is provided to the Assistant Secretary so that suitable determinations of trade secret status can be made and the necessary protections can be implemented. that effects of exposure are difficult to separate from normally occurring illnesses. Occasionally, a substance causes an effect that is rarely seen in the population at large, such as For purposes of this section, any chemicals which meet Rny of the following definitions, as determined by the criteria set forth in Appendix B are health hazards: (13) Nothing in this paragraph shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is trade secret. (j) Effective dates. Employers shall be in compliance with this section within the following time periods: angiosarcomas caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however, the effects are common, such as lung cancer. The situation is further complicated by the fact that most chemicals have not been adequately tested to determine their health hazard potential, and data do not 1. Carcinogen: A chemical is considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (1ARC). and found to be a carcinogen or potential carcinogen: or (b) It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the (1) Chemical manufacturers and importers shall label containers of hazardous chemicals leaving their workplaces, and provide material safety exist to substantiate these effects. There have been many attempts to categorize effects and to define them in various ways. Generally, the terms National Toxicology Program (NTP) (latest edition): or, (c) It is regulated by OSHA as a carcinogen. Occupational Safety & Health Reporter [Appendix A to Sec. 1910.1200] 104 HAZARD COMMUNICATION STANDARD ABD00294342 S-209 0 31:9109 2. Corrosive: A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces. 3. Highly toxic: A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LD) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LD*o) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LC*o) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. A chemical is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed In 16 CFR 1500.42 or other appropriate techniques. 5. Sensitizer A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LD) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDso) of more than 200' milligrams per kilogram but not more than 1.000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LC) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 Rrams each. 7. Target organ effects. The following is a target organ categorization of effects which may occur, including examples of signs and symptons and chemicals which have been found to cause such effects. These examples are presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not intended to be all-inclusive. . Hepelotoims:................ .............................. . Chemical* wNch produce Over damage. S-gn* art Symplon*. Jaundice: fiver enlargement. Chemrsals:..... . Carbon tetrachloride: nrtrosamine*. b. Neohrotoxms:.......... Chemical* which produce kidney damage. $gn art Symptons Edema; proteinuria. Chemcals:........... Haioganafed hydrocarbons: uranium. C. Neurotonns:......... .. Chemical* which produce the* primary toxic effects on the nervrts system. S*gna art Symptons. Narcos*: behavioral changes; decrease in motor functor*. Crtnacal*..... ...................... ........ ............ Mercury; carbon disulfide. d Agent* which act on the Wood or hem*- Decrease hemoglobin functon; deprive the body trtues of oxygen. lopowbe system. Signs art Symptons: -........... ................. Cyanosis; toss of consciousness. Chenwals:................................................ Carbon monoxide; cyanide*. #. Agents damage re lung:.... ............. Chemical* which irntale or damage the putmonary tissue S*7n er.'j Symptom*:................................ Cough; lightness in chest; shortness of breath. Chemical*-................. ...... ............ ............ S*ca; asbestos. I. RepOducuve loams:...... ..................... ......... Chemicals which affect the reproductho capacities including chromosomal damage (mutation*) art affects on fetuses (teratogen***). Sign* art Symplon*:........... .. .................. Birth delects: sterility. Chemical*.--............. ................................ Lead; D0CP. g. Cutaneous hazard*:........ -........ ................ .. Chemoal whch affect the dermal layer of the body. Sign* *rt Symptons:.... ............. ............. Delating of the slun; rashes; inflation. Chemical*: ...................................... Ketones; cMonnated compoun-js. h. Ey* hazard*:.......... .................. ..................... Chemicals winch affect the eye or visual capacity. Sign* art Symptons: ........................... .... Conjunctivitis; comeal damage. Chemical*:...... ........................... ....... ...... Oiganc setvems; tods. Appendix B to 1900.1200--Hazard Determination (Mandatory) The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of this standard is performance* oriented. Chemical 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 produced or imported in accordance with the criteria set forth in this Appendix. Hazard evaluation is a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance-orientation of the hazard determination does diminish the duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this 4-3-86 [Appendix B to Sec. 1910.1200] Published by THE BUREAU OF NATIONAL AFFAIRS INC., Washington. D.C. 20037 105 31:9110 ABD00294343 REFERENCE FILE standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard. 1. Carcinogenicity: As described in paragraph (d)(4) and Appendix A of this section, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section. 2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered in the evaluation. 3. Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicals produced or used in the workplace. Therefore, the available results of toxicological testing in animal populations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the definitions of certain acute hazards refer to specific animal testing results (see Appendix A). 4. Adequacy and reporting of data: The results of any studies which are designed and conducted according to established scientific principles, and which report statistically significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. The chemical manufacturer, importer, or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard. Appendix C to 1900.1200--Information Sources (Advisory) The following is a list of available data sources which the chemical manufacturer, importer, or employer may wish to consult to evaluate the hazards of chemicals they produce or import: -- Any information in their own company files such as toxicity testing results or illness experience of company employees. -- Any information obtained from the supplier of the chemical, such as material safety data sheets or product safetv bulletins. -- Any pertinent information obtained from the following source list (latest editions should be used): Condensed Chemical Dictionary Van Nostrand Reinhold Co., 135 West 50th Street. New York. NY 10020 The Merck Index: An Encyclopedia of Chemicals and Drugs Merck and Company, Inc., 126 E. Lincoln Avenue. Rahway, NJ 07065 IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Mon Geneva: World Health Organization. International Agency for Research on Cancer, 1972-1977. (Multivolume work), 49 Sheridan Street. Albany, New York Industrial Hygiene and Toxicology, by F. A. Patty John Wiley & Sons, Inc., New York, NY (Five volumes) Clinical Toxicology of Commercial Products Gleason. Cosselin and Hodge Casarett and DouII's Toxicology: The Basic Science ofPoisons Doull. Klaassen, and Amdur, Macmillan Publishing Co.. Inc., New York, NY Industrial Toxicology, by Alice Hamilton and Harriet L Hardy Publishing Sciences Group, Inc., Acton, MA Toxicology of the Eye, by W. Morton Grant Charles C. Thomas, 301-327 East Lawrence Avenue. Springfield. IL Recognition of Health Hazards in Industry William A. Burgess. John Wiley and Sons, 605 Third Avenue, New York, NY 10158 Chemical Hazards of the Workplace Nick H. Proctor and James P. Hughes, J. P. Lipincott Company. 6 Winchester Terrace, New York, NY 10022 Hondbook of Chemistry and Physics Chemical Rubber Company, 18S01 Cranwood Parkway, Cleveland, OH 44128 Threshold Limit Values for Chemical Substances and Physical Agents in the Workroom Environment with Intended Changes American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Bldg. D-5. Cincinnati, OH 45211 Note.--The following documents are on sale by the Superintendent of Documents, U.S. Government Printing Office, Washington. D.C. 20402. Occupational Health Guidelines NIOSH/OSHA (NIOSH Pub. No. 81-123) NIOSH/OSHA Pocket Guide to Chemical Hazards NIOSH Pub. No. 70-210 Registry of Toxic Effects of Chemical Substances U.S. Department of Health and Human Services. Public Health Service. Center for Disease Control National Institute for Occupational Safety and Health (NIOSH Pub. No. 80-102) The Industrial Environment--Its Evaluation and Control U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control. National Institute for Occupational Safety and Health (NIOSH Pub. No. 74-117) Miscellaneous Documents--National Institute for Occupational Safety and Health 1. Criteria for a recammended standard * * * Occupational Exposure to "----- " 2. Special Hazard Reviews 3. Occupational Hazard Assessment 4. Current Intelligence Bulletins Bibliographic Data BAses Sen-ice Provider and File Home Bibliographic Retrieval Services (BRS). Corporation Park, Bldg. 702. Scotia. New York 12302 ACR1COLA BIOSIS PREVIEWS CA CONDENSATES CA SEARCH DRUG INFORMATION MEDLARS MEDOC NTIS POLLUTION ABSTRACTS SCIENCE CITATION INDEX SSIE Lockheed--DIALOG. Lockheed Missiles & Space Company. Inc., P.O. Box 44481. San Francisco, CA 94144 AGRICOLA BIOSIS PREV. 1972-PRESENT BIOSIS PREV. 1969-71 CA CONDENSATES 1970-71 CA SEARCH 1972-76 CA SEARCH 1977-PRESENT CHEMNAME CONFERENCE PAPERS INDEX FOOD SCIENCE & TECH. ABSTR. FOODS ADUBRA INTL PHARMACEUTICAL ABSTR. NTIS POLLUTION ABSTRACTS SCISEARCH 1978-PRESENT SCISEARCH 1974-77 SSIE CURRENT RESEARCH SDC--ORBIT, SDC Search Service, Department No. 2230, Pasadena. CA 91051 AGRICOLA BIOCODES BI0S1S/B106973 CAS6771/CAS7276 CAS77 CHEMDEX CONFERENCE Occupational Safety & Health Reporter [Appendix C to Sec. 1910.1200] 106 HAZARD COMMUNICATION STANDARDS ABD00294344 S-216 _ 31:9111 ENVIROLINE LABORDOC NTIS POLLUTION SSIE Chemical Information System (CIS). Chemical Information Systems Inc., 7215 Yorke Road. Baltimore. MD 21212 Structure h Nomeclature Search System Acute Toxicity (RTECS) Clinical Toxicology of Commercial Products Oil and Hazardous Materials Technical Assistance Data System National Library of Medicine. Department of Health and Human Services, Public Health Service. National Institutes of Health. Bethesda, MD 20209 Toxicology Data Bank (TDB) MEDUN TOXUNE CANCERLIT RTECS (1910.1200. Appendix D added at 50 FR 48758, November 27. 1985 on an interim basis and has been in effect since that time; amended and adopted permanently by 51 FR 34597, September 30, 19861 Appendix D to 1910.1200--Definition of "Trade Secret" (Mandatory) The following is a reprint of the Restatement of Torts section 757, comment b (1939):. b. Definition of trade secret.,A trade secret may consist of any formula, 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, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see' S 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to.single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary ofeertain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, 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 secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which pre completely disclosed by the goods which one. markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may. without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial clement of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are: (1) The extent to which the information is known outside of business; (2) the extent to which it is known by employees and others involved in his business; (3) the exteftt of measures taken by him to guard the secrecy of the information: (4) the value of the information to him and his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others. Novelty andprior art A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic esn make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection is merely against breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is. however, an important factor in determining the kind of relief that is appropriate against one who is subject to liability under the rule stated in this Section. Thus, if the secret consists of a device or process which, is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wTongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate. 10-29-86 (Appendix 0 to Sec. 1910.1200] Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037 109