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OCCUPATIONAL SAFETY AND HEALTH
1910.1200(a) STANDARDS AND INTERPRETATIONS
1910.1200--HAZARD COMMUNICATION
(a) Purpose.
(1)The purpose of this section is to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or im porters are evaluated, and that information concerning their hazards is transmitted to af fected employers and employees within the manufacturing sector. This transmittal of in formation is to be accomplished by means of comprehensive hazard communication pro grams, which are to include container labeling and other forms of warning, material safety data sheets and employee training.
(2) This occupational safety and health stand ard is intended to adress comprehensively the issue of evaluating and communicating chemi cal hazards to employees in the manufacturing sector, and to preempt any state law per taining to this subject. Any state which de sires 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 ju risdiction and state plans.
(b) Scope and application.
(1) This section requires chemical manufactur ers or importers to assess the hazards of chemicals which they produce or import, and all employers in SIC Codes 20 through 39 (Di vision D, Standard Industrial Classification Manual) to provide information to their em ployees 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 foresee able emergency.
(3) This section applies to laboratories only as follows:
(!) Employers shall ensure that labels on in coming containers of hazardous chemicals are not removed or defaced;
(ii) Employers shall maintain any material safety data sheets that are received with in coming 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 chemicals:
(i) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued un der that Act by the Environmental Protec tion Agency;
(ii) Any food, food additive, color additive, drug, or cosmetic, including materials in tended for use as ingredients in such prod ucts (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 re-
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quirements of that Act and labeling regula tions issued under that Act by the Food and Drug Administration;
(iii) which does not release, or otherwise re sult in exposure to, a hazardous chemical under normal conditions of use.
(iii) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonin dustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regu lations issued under that Act by the Bureau of Alcohol, Tobacco, and Firearms; and,
(iv) Any consumer product or hazardous sub stance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Sub stances Act (15 U.S.C. 1261 et seq.) respec tively, 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:
"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 employ er in SIC Codes 20 through 39 with a work place where chemical(s) are produced for use or distribution.
"Chemical name" means the scientific desig nation of a chemical in accordance with the no menclature system developed by the Interna tional 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 pur pose of conducting a hazard evaluation.
(i) Any hazardous waste as such term is de fined 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 regu lations issued under that Act by the Envi ronmental Protection Agency;
(ii) Tobacco or tobacco products;
(iii) Wood or wood products;
(iv) Articles; and,
(v) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace.
(c) Definitions.
"Combustible liquid" means any liquid hav ing a flashpoint at or above 100F (37.8*0, but below 200F (93.3*0, except any mixture hav ing 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 num ber, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
"Compressed gas" means:
(i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70*F (21.1*0; or
"Article" means a manufactured item:
(i) Which is formed to a specific shape or de sign during manufacture;
(ii) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130F (54.4*0 regardless of the pressure at 70*F (21.1*0; or
(ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(iii) A liquid having a vapor pressure ex ceeding 40 psi at 100*F (37.8*0 as deter mined by ASTM D-323-72.
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"Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a haz ardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers.
"Designated representative" means any indi vidual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recog nized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written em ployee authorization.
"Director" means the Director, National In stitute for Occupational Safety and Health, U.S. Department of Health and Human Serv ices, or designee.
"Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distrib utors 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 supervi sors, and repair or maintenance personnel. Of fice workers, ground maintenance personnel, security personnel or non-resident manage ment are generally not included, unless their job performance routinely involves potential exposure to hazardous chemcials.
"Employer" means a person engaged in a business within SIC Codes 20 through 39 where chemicals are either used, or are pro duced for use or distribution.
"Explosive" means a chemical that causes a sudden, almost instantaneous release of pres sure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
"Exposure" or "exposed" means that an em ployee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingeston, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.
1910.1200(c)
STANDARDS AND INTERPRETATIONS
"Flammable" means a chemical that falls into one of the following categories:
() "Aerosol, flammable" means an aerosol that, when tested by the method described in 16 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) precent 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 of volume, regardless of the lower limit;
(iii) "Liquid, flammable" means any liquid having a flashpoint below 10(TF (37.8C), except any mixture having components with flashpoints of 100F (37.8C) 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 ig nited 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 burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its ma jor axis.
"Flashpoint" means the minimum tempera ture at which a liquid gives off a vapor in suffi cient 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, Zl 1.24-1979 (ASTM D 56-79)) for liquids with a viscosity
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of less than 45 Saybolt Universial Seconds (SUS) at 100*F (37.8C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
(ii) Pensky-Martens Closed Tester (see American National Standard Method of test for Flash Point by Pensky-Martens Closed Tester, Zll.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100F (37.8C), or that con tain suspended solids, or that have a tend ency to form a surface film under test; or
(iii) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).
Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above.
"Foreseeable emergency" means any poten tial 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, pic tures, symbols, or combination thereof ap pearing 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, tox ic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides fur ther 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 iden tity 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 la beled container and only within the work shift in which it is transferred.
"Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or manufacturing purchasers within the United States.
"Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.
"Manufacturing purchaser" means an em ployer with a workplace classified in SIC Codes 20 through 39 who purchases a hazard ous chemical for use within that workplace.
"Material safety data sheet (MSDS)" means written or printed material concerning a haz ardous chemical which is prepared in accord ance with paragraph (g) of this section.
"Mixture" means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
"Organic peroxide" means an organic com pound that contains the bivalent-O-Ostructure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
"Oxidizer'' means a chemical other than a blasting agent or explosive as defined in 1910.109(a), that initiates or promotes com bustion in other materials thereby causing fire
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either of itself or through the release of oxygen or other gases.
"Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
"Produce" means to manufacture, process, formulate, or repackage.
"Pyrophoric" means a chemical that will ig nite spontaneously in air at a temperature of 130" F (54.4 C) or below.
"Responsible party" means someone who can provide additional information on the hazard ous chemical and appropriate emergency pro cedures, if necessary.
"Specific chemical identity" means the chem ical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
"Trade secret" means any confidential for mula, pattern, process, device, information or compilation of information (including chemical name or other unique chemical identifier) that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.
"Unstable (reactive)" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, de compose, condense, or will become self reactive under conditions of shocks pressure or temperature.
"Use" means to package, handle, react, or transfer.
"Water-reactive" means a chemical that re acts 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 are present.
"Workplace" means an establishment at one geographical location containing one or more work areas.
(d) Hazard determination.
(1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous. Employers are not re quired 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 em ployers evaluating chemicals shall identify and consider the availabile scientific evidence con cerning such hazards. For health hazards, evi dence which is statistically significant and which is based on at least one positive study conducted in accordance with established sci entific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health haz ards in this section. Appendix A shall be consulted for the scope of health hazards cov ered, 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) 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 re quirements of the standard.
(4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following sources as establishing that a chemi-
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cal is a carcinogen or potential carcinogen for hazard communication purposes:
(i) National Toxicology Program (NTP), An nual Report on Carcinogens (latest edition);
(ii) International Agency for Research on Cancer (IARC) Monographs (latest edi tions); 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 Na tional Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a poten tial carcinogen.
(5) The chemical manufacturer, importer or employer shall determine the hazards of mix tures 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;
(H) 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 car cinogen 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 evalu ate the physical hazard potential of the mix ture; 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 per
cent) 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 concen trations, the mixture shall be assumed to present the same hazard.
(6) Chemical manufacturers, importers, or em ployers 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 commu nication program required under paragraph (e) of this section.
() 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 refer enced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas);
(li) The methods the employer will use to in form 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 in form any contractor employers with employ ees 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 haz ard communication program to comply with
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these requirements, provided that it meets the criteria established in this paragraph (e).
(3) The employer shall make the written haz ard communication program available, upon request, to employees, their designated repre sentatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20(e).
(f) Labels and ether forms 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:
(i) Identity of the hazardous chemical(s);
(ii) Appropriate hazard warnings; and
(iii) Name and address of the chemical manu facturer, importer, or other responsible party.
(2) Chemical manufacturers, importers, or dis tributors 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 con flict 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 manufacturer, importer, distrib utor or employer shall ensure that the labels or other forms of warning used are in accord ance with the requirements of that standard.
(4) Except as provided in paragraphs (f)(5) and (f)(6) the employer shall ensure that each con tainer of hazardous chemicals in the workplace is labeled, tagged, or marked with the follow ing information:
(I) Identity of the hazardous chemical(s) con tained therein; and
process sheets, batch tickets, operating proce dures, or. other such written materials in lieu of affixing labels to individual stationary proc ess containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information re quired by paragraph (f)(4) of this section to be on a label. The written materials shall be read ily accessible to the employees in their work area throughout each work shift.
(6) The employer is not required to label port able containers into which hazardous chemi cals 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 haz ardous chemicals, unless the container is im mediately 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 infor mation in their language to the material pre sented, as long as the information is presented in English as well.
(9) The chemical manufacturer, importer, dis tributor or employer need nbt 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 pro duce or import. Employers shall have a mate rial 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.
(ii) Appropriate hazard warnings. (5) The employer may use signs, placards.
(i) The identity used on the label, and, ex cept as provided for in paragraph (0 of this section on trade secrets:
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(a) If the hazardous chemical is a single substance, its chemical and common name(s);
(b) If the hazardous chemical is a mix ture 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 haz ards, and the common name(s) of the mixture itself; or,
(c) If the hazardous chemical is a mix ture which has not been tested as a whole:
(1) The chemical and common name(s) of all ingredients which have been deter mined to be health hazards, and which comprise 1% or greater of the composi tion, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concen trations are 0.1% or greater; and,
(2) The chemical and common name(s) of all ingredients which have been deter mined to present a physical hazard when present in the mixture;
(ii) Physical and chemical characteristics of the hazardous chemical (such as vapor pres sure, flash point);
(iii) The physical hazards of the hazardous chemical, including the potential for fire, ex plosion, 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 aggra vated by exposure to the chemical;
(v) The primary route(s) 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 (lat est edition) or has been found to be a poten tial carcinogen in the International Agency for Research on Cancer (IARC) Mono graphs (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 prac tices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks;
(ix) Any generally applicable control meas ures which are known to the chemical manu facturer, importer or employer preparing the material safety data sheet, such as ap propriate engineering controls, work prac tices, 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 num ber of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional infor mation on the hazardous chemical and ap propriate 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 material safety data sheet shall mark it to indicate that no applica ble information was found.
(4) Where complex mixtures have similar haz ards and contents (i.e. the chemical ingredi ents are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or em ployer 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
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sheet shall ensure that the information re corded accurately reflects the scientific evi dence used in making the hazard determina tion. If the chemical manufacturer, importer or employer becomes newly aware of any sig nificant information regarding the hazards of a chemical, or ways to protect against the haz ards, 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 manufac turer 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 provid ed 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 im porter 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 manufac turer, importer, or distributor as soon as possible.
(10) Material safety data sheets shall also be made readily available, upon request, to des ignated representatives and to the Assistant Secretary, in accordance with the require ments of 29 CFR 1910.20(e). The Director shall also be given access to material safety data sheets in the same manner.
(h) Employ** information and training. Employ ers 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.
(1) Information. Employees shall be informed of:
(i) 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 writ ten hazard communication program, includ ing the required list(s) of hazardous chemi cals, and material safety data sheets required by this section.
(2) Training. Employee training shall include at least:
(7) Distributors shall ensure that material safe ty data sheets, and updated information, are provided to other distributors and manufac turing 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 acces sible during each work shift to employees when they are in their work area(s).
(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, con tinuous monitoring devices, visual appear ance 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 pro tect themselves from these hazards, includ ing specific procedures the employer has im plemented to protect employees from exposure to hazardous chemicals, such as ap propriate work practices, emergency proce dures, and personal protective equipment to be used; and,
(iv) The details of the hazard communication program developed by the employer, includ ing an explanation of the labeling system and
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the material safety data sheet, and how em ployees can obtain and use the appropriate hazard information.
(i) Trade secrets.
(i) the request is in writing;
(ii) The request describes with reasonable detail one or more of the following occupa tional health needs for the information:
(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:
(a) To assess the hazards of the chemi cals to which employees will be exposed;
(b) To conduct or assess sampling of the workplace atmosphere to determine em ployee exposure levels;
(i) The claim that the information withheld is a trade secret can be supported;
(ii) Information contained in the material 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, in accord ance with the applicable provisions of this paragraph.
(2) Where a treating physician or nurse deter mines that a medical emergency exists and the specific chemical identity of a hazardous chem ical is necessary for emergency or first-aid treatment, the chemical manufacturer, im porter, 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 state ment of need or a confidentiality agreement. The chemical manufacturer, importer, or em ployer may require a written statement of need and confidentiality agreement, in accord ance with the provisions of paragraphs (i) (3) and (4) of this section, as soon as circum stances permit.3
(3) In non-emergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose a specific chemical iden tity, otherwise permitted to be withheld under paragraph (i)(l) of this section, to a health professional (i.e. physician, industrial hygien ist, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed employee(s) if:
(c) To conduct pre-assignment or period ic medical surveillance of exposed employees;
(d) To provide medical treatment to ex posed employees;
(e) To select or assess appropriate per sonal protective equipment for exposed employees;
(f) To design or assess engineering con trols 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 dis closure of the following information would not enable the health professional to provide the occupational health services described in paragraph (ii) of this section:
(a) The properties and effects of the chemical;
(b) Measures for controlling workers' ex posure 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 confi dentiality of the disclosed information; and,
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(v) The health professional, and the employ er or contractor of the health professional's services (i.e.. downstream employer, labor organization, or individual employer), agree in a written confidentiality agreement that the health professional 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 cir cumstances other than to OSHA, as provid ed in paragraph (i)(6) of this section, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer.
(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 reme dies in the event of a breach of the agree ment, 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 pre clude the parties from pursuing non contractual remedies to the extent permitted by law.
(6) If the health professional receiving the trade secret information decides that there is a need to disclose it to OSHA, the chemical manufacturer, importer, or employer who pro vided the information shall be informed by the health professional prior to, or at the same time as, such disclosure.
(7) If the chemical manufacturer, importer, or employer denies a written request for disclo sure of a specific chemical identity, the denial must:
(i) Be provided to the health professional within thirty days of the request;
(ii) Be in writing;
(iii) Include evidence to support the claim
1910.120<Xi>(3)(iv)
STANDARDS AND INTERPRETATIONS
that the specific chemical identity is a trade secret;
(iv) State the specific reasons why the re quest is being denied; and,
(v) Explain in detail how alternative infor mation may satisfy the specific medical or occupational health need without revealing the specific chemical identity.
(8) The health professional 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.
(9) When a health professional refers the deni al to OSHA under paragraph (i)(8) of this sec tion, OSHA shall consider the evidence to de termine if:
(i) The chemical manufacturer, importer, or employer has supported the claim that the specific chemical identity is a trade secret;
(ii) The health professional has supported the claim that there is a medical or occupa tional health need for the information; and,
(iii) The health professional has demon strated adequate means to protect the confidentiality.
00)
(i) If OSHA determines that the specific chemical identity requested under para graph (i)(3) of this section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a le gitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidential ity of the information, the chemical manu facturer, importer, or employer will be sub ject to citation by OSHA.
(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 unau-
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STANDARDS AND INTERPRETATIONS
thorized disclosure of a trade secret specific chemical identity, the Assistant Secretary may issue such orders or impose such addi tional limitations or conditions upon the dis closure of the requested chemical informa tion as may be appropriate to assure that the occupational health services are provid ed without an undue risk of harm to the chemical manufacturer, importer, or employer.
(11) If, following the issuance of a citation and any protective orders, the chemical manufac turer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enforcement of the ci tation. In accordance with Commission rules, the Administrative Law Judge may review the citation and supporting documentation in cam era or issue appropriate protective orders.
(12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, import er, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manu facturer, importer, or employer to make avail able. 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 that suitable determinations of trade secret status can be made and the neces sary protections can be implemented.
(13) Nothing in this paragraph shall be con strued as requiring the disclosure under any circumstances of process or percentage of mix ture information which is trade secret.
(j) Effective dates. Employers shall be in compli ance with this section within the following time periods:
(1) Chemical manufacturers and importers shall label containers of hazardous chemicals leaving their workplaces, and provide material safety 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, 1986, in-
eluding initial training for all current employees.
APPENDIX A TO $ 1910.1200--HEALTH HAZARD DEFINITIONS (MANDATORY)
Although safety hazards related to the physical characteris tics of a chemical can be objectively defined in terms of testing requirements (e.g. flammability), health hazard defi nitions are less precise and more subjective. Health hazards may cause measurable changes in the body--such as de creased pulmonary function. These changes are generally in dicated by the occurrence of signs and symptoms in the ex posed 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 sig nal that change.
The determination of occupational health hazards is com plicated by the fact that many of the effects or signs and symptoms occur commonly in nonoccupationally exposed populations, so that effects of exposure are difficult to sepa rate from normally occurring illnesses. Occasionally, a sub stance causes an effect that is rarely seen in the population at large, such as angiosarcomas caused by vinyl chloride ex posure. thus making it easier to ascertain that the occupa tional exposure was the primary causative factor. More of ten. 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 exist to sub stantiate these effects.
There have been many attempts to categorize effects and to define them in various ways. Generally, the terms "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 considera ble range of acute effects which may occur as a result of oc cupational exposure, such as. for example, narcosis.
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 accom plished. This does not negate the need for employees to be informed of such effects and protected from them.
1910.1200 APPENDIX A
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1910.1200 APPENDIX A
STANDARDS AND INTERPRETATIONS
Appendix B. which is also mandatory, outlines the princi ples and procedures of hazard assessment.
For purposes of this section, any chemicals which meet any of the following definitions, as determined by the crite ria set forth in Appendix B are health hazards:
1. Carcinogen: A chemical is considered to be a carcino gen if:
(a) It has been evaluated by the International Agency for Research on Cancer (IARC). and found to be a carcinogen or potential carcinogen; or
(b) It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the Na tional Toxicology Program (NTP) (latest edition); or,
(c) It is regulated by OSHA as a carcinogen.
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 con sidered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Depart ment of Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tis sue 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 fol lowing categories:
ta) A chemical that has a median lethal dose (LDS>) of 50 milligrams or less per kilogram of body weight when admin istered orally to albino rats weighing between 200 and 300 grams each.
(b) A chemical that has a median lethal dose (LD10) of 200 miligrams or less per kilogram of body weight when admin istered 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 (LCio) 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 inhallation 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 ir ritant if, when tested on the intact skin of albino rabbits by the mehtods 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 de termined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques.
5. Sensitizer: A chemical that causes a substantial pro portion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemicals.
6. Toxic: A chemical falling within any of the following categories:
(a) A chemical that has a median lethal dose (LDM) of more than 50 milligrams per kilogram but not more than 600 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 (LD,,) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when adminis tered by continuous contact for 24 hours (or less if death oc curs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each.
tc) A chemical that has a median lethal concentration (LCso) 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 mil ligrams 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 grams each.
7. Target organ effects. The following is a target organ categorization of effects which may occur, including exam ples of signs and symptoms 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.
a. Hepatotoxins............................... Signs and Symptoms: ............. Chemicals.................................
b. Nephrotoxins: .............................. Signs and Symptoms: ............. Chemicals:.................................
c. Neurotoxins: .................................
Signs and Symptoms: ............. Chemicals:................................. d. Agents which act on the blood of hematopoietic system:................. Signs and Symptoms: ............. Chemicals:................................... e. Agents which damage the lung: .
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Chemicals which produce liver damage. Jaundice; liver enlargement. Carbon tetrachloride; nitrosamines. Chemicals which produce kidney damage. Edema; proteinuria. Halogenated hydrocarbons; uranium. Chemicals which produce their primary toxic effects on the nervous sys
tem. Narcosis; behaviroal changes; decrease in motor functions. Mercury; carbon disulfide.
Decreases hemoglobin function; deprive the body tissues of oxygen. Cyanosis; loss of consciousness. Carbon monoxide; cyanides. Chemicals which irritate or damage the pulmonary tissue.
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OCCUPATIONAL SAFETY AND HEALTH
Signs and Symptoms: ................................... Chemicals:........................................................ f. Reproductive toxins:.........................................
Signs and Symptoms: ................................... Chemicals:....................................................... g. Cutaneous hazards: .......................................... Signs and Symptoms: ................................... Chemicals:....................................................... h. Eye hazards: ..................................................... Signs and Symptoms: ................................... Chemicals:.......................................................
Cough; tightness in chest; shortness of breath. Silica; asbestos. Chemicals which affect the reproductive capabilities including chromoso
mal damage (mutations) and effects on fetuses (feratogenesis). Birth defects; sterility. Lead; DBCP. Chemical which affect the dermal layer of the body. Defatting of the skin; rashes; irritation. Ketones; chlorinated compounds.
Chemicals which affect the eye or visual capacity. Conjunctivitis; corneal damage. Organic solvents; acids.
APPENDIX B TO $ 1910.1200--HAZARD DETERMINATION (MANDATORY)
chemical manufacturer, importer, or employer may also re port the results of other scientifically valid studies which tend to refiite the findings of hazard.
The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard de termination. The hazard determination requirement of this standard is performance-oriented. Chemical manufacturers, importers, and employers evaluating chemicals are not re quired to follow any specific mehtods for determining haz ards. but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals pro duced 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 sci entifically defensible evaluation. For purposes of this stand ard, the following criteria shall be used in making hazard de terminations 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 po tential 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 consid ered in the evaluation.
3. Animal data: Human evidence of health effects in ex posed 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 popu lations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the defi nitions 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 es tablished scientific principles, and which report statistically significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determina tion and reported on any material safety data sheet. The
APPENDIX C TO f 1910.1200--INFORMATI N 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 safety 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 Druys
Merck and Company, Inc., 126 E. Lincoln Avenue, Rahway, NJ 07065
iARC Monoyraphs on the Evaluation of the Carcinogenic Risk of Chemicals to Man
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 Commerical Products Gleason, Gosselin and Hodge
Casarett and Doull's Toxicology; The Basic Science of Poisons
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
1910.1200 APPENDIX C
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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
Handbook of Chemistry and Physics Chemical Rubber Company, 18901 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 Hy gienists, 6500 Glenway Avenue, Bldg. D-5, Cincinnati, OH 4521
Note.--The following documents are on sale by the Su perintendent of Documents. U.S. Government Printing Office. Washington, D.C. 20402.
Occupational Health Guidelines NIOSH/OSHA (NIOSH Pub. No. 81-123)
NIOSHlOSHA Pocket Guide to Chemical Hazards NIOSH Pub. No. 78-210
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 Occu pational Safety and Health
1. Criteria for a recommended standard *** Occupa tional Exposure to '* . . '*
2. Special Hazard Reviews 3. Occupational Hazard Assessment 4. Current Intellligence Bulletins
Bibliographic Data Bases
Service Provider and File Name
Bibliographic Retrieval Services (BRS). Corporation Park, Bldg. 702, Scotia, New York 12302
AGRICOLA BIOSIS PREVIEWS CA CONDENSATES CA SEARCH
DRUG INFORMATION MEDLARS
MEDOC NTIS
POLLUTION ABSTRACTS SCIENCE CITATION INDEX SSIE Lockheed--DIALOG, Lockheed Missiles & Space Compa
ny, 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 ADLIBRA 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 BI0SIS/BI06973 CAS6771/CAS7276
CAS77 CHEMDEX CONFERENCE ENVIROLINE LABORDOC
NTIS POLLUTION
SSIE Chemical Information System (CIS), Chemical Informa
tion Systems Inc., 7215 Yorke Road, Baltimore. MD
21212 Structure & 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 In stitutes of Health, Bethesda, MD 20209
Toxicology Data Bank (TDB) MEDLIN TOXLINE CANCERLIT
RTECS
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