Title:
Hazard Communication
Standard
Number General Industry, 1910.1200 - Construction,
1926.59
1910.1200(a)
or 1926.59(a) "Purpose."
(1)
The purpose of this section is to ensure that
the hazards of all chemicals produced or imported
are evaluated, and that information concerning
their hazards is transmitted to employers
and employees. 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 the potential hazards
of chemicals, and communicating information
concerning hazards and appropriate protective
measures to employees, and to preempt any
legal requirements of a state, or political
subdivision of a state, pertaining to this
subject. Evaluating the potential hazards
of chemicals, and communicating information
concerning hazards and appropriate protective
measures to employees, may include, for example,
but is not limited to, provisions for: developing
and maintaining a written hazard communication
program for the workplace, including lists
of hazardous chemicals present; labeling of
containers of chemicals in the workplace,
as well as of containers of chemicals being
shipped to other workplaces; preparation and
distribution of material safety data sheets
to employees and downstream employers; and
development and implementation of employee
training programs regarding hazards of chemicals
and protective measures. Under section 18
of the Act, no state or political subdivision
of a state may adopt or enforce, through any
court or agency, any requirement relating
to the issue addressed by this Federal standard,
except pursuant to a federally approved state
plan.
1910.1200(b)
or 1926.59(b) "Scope and application."
(1)
This section requires chemical manufacturers
or importers to assess the hazards of chemicals
which they produce or import, and all employers
to provide information to their employees
about the hazardous chemicals to which they
are exposed, by means of a hazard communication
program, labels and other forms of warning,
material safety data sheets, and information
and training. In addition, this section requires
distributors to transmit the required information
to employers.
(Employers
who do not produce or import chemicals need
only focus on those parts of this rule that
deal with establishing a workplace program
and communicating information to their workers.)
(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 during each
workshift to laboratory employees when they
are in their work areas;
(iii)
Employers shall ensure that laboratory employees
are provided information and training in accordance
with paragraph (h) of this section, except
for the location and availability of the written
hazard communication program under paragraph
(h)(2)(iii) of this section; and,
(iv)
Laboratory employers that ship hazardous chemicals
are considered to be either a chemical manufacturer
or a distributor under this rule, and thus
must ensure that any containers of hazardous
chemicals leaving the laboratory are labeled
in accordance with paragraph (f)(1) of this
section, and that a material safety data sheet
is provided to distributors and other employers
in accordance with paragraphs (g)(6) and (g)(7)
of this section.
(4)
In work operations where employees only handle
chemicals in sealed containers which are not
opened under normal conditions of use (such
as are found in marine cargo handling, warehousing,
or retail sales), this section applies to
these operations only as follows:
(i)
Employers shall ensure that labels on incoming
containers of hazardous chemicals are not
removed or defaced;
(ii)
Employers shall maintain copies of any material
safety data sheets that are received with
incoming shipments of the sealed containers
of hazardous chemicals, shall obtain a material
safety data sheet as soon as possible for
sealed containers of hazardous chemicals received
without a material safety data sheet if an
employee requests the material safety data
sheet, and shall ensure that the material
safety data sheets are readily accessible
during each work shift to employees when they
are in their work area(s); and,
(iii)
Employers shall ensure that employees are
provided with information and training in
accordance with paragraph (h) of this section
(except for the location and availability
of the written hazard communication program
under paragraph (h)(2)(iii) of this section),
to the extent necessary to protect them in
the event of a spill or leak of a hazardous
chemical from a sealed container.
(5)
This section does not require labeling of
the following chemicals:
(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 under that Act
by the Environmental Protection Agency;
(ii)
Any chemical substance or mixture as such
terms are defined in the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), when
subject to the labeling requirements of that
Act and labeling regulations issued under
that Act by the Environmental Protection Agency;
(iii)
Any food, food additive, color additive, drug,
cosmetic, or medical or veterinary device
or product, including materials intended for
use as ingredients in such products (e.g.
flavors and fragrances), as such terms are
defined in the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin
Act of 1913 (21 U.S.C. 151 et seq.), and regulations
issued under those Acts, when they are subject
to the labeling requirements under those Acts
by either the Food and Drug Administration
or the Department of Agriculture;
(iv)
Any distilled spirits (beverage alcohols),
wine, or malt beverage intended for nonindustrial
use, as such terms are defined in the Federal
Alcohol Administration Act (27 U.S.C. 201
et seq.) and regulations issued under that
Act, when subject to the labeling requirements
of that Act and labeling regulations issued
under that Act by the Bureau of Alcohol, Tobacco,
and Firearms;
(v)
Any consumer product or hazardous substance
as those terms are defined in the Consumer
Product Safety Act (15 U.S.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; and,
(vi)
Agricultural or vegetable seed treated with
pesticides and labeled in accordance with
the Federal Seed Act (7 U.S.C. 1551 et seq.)
and the labeling regulations issued under
that Act by the Department of Agriculture.
(6)
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;
(ii)
Any hazardous substance as such term is defined
by the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)(42
U.S.C. 9601 et seq.), when subject to regulations
issued under that Act by the Environmental
Protection Agency;
(iii)
Tobacco or tobacco products;
(iv)
Wood or wood products, including lumber which
will not be processed, where the chemical
manufacturer or importer can establish that
the only hazard they pose to employees is
the potential for flammability or combustibility
(wood or wood products which have been treated
with a hazardous chemical covered by
this standard, and wood which may be subsequently
sawed or cut, generating dust, are not exempted);
(v)
Articles as that term is defined in paragraph
(c) of this section;
(vi)
Food or alcoholic beverages which are sold,
used, or prepared in a retail establishment
(such as a grocery store, restaurant, or drinking
place), and foods intended for personal consumption
by employees while in the workplace;
(vii)
Any drug, as that term is defined in the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.), when it is in solid, final form
for direct administration to the patient (e.g.,
tablets or pills); drugs which are packaged
by the chemical manufacturer for sale to consumers
in a retail establishment (e.g., over-the-counter
drugs); and drugs intended for personal consumption
by employees while in the workplace (e.g.,
first aid supplies);
(viii)
Cosmetics which are packaged for sale to consumers
in a retail establishment, and cosmetics
intended for personal consumption by employees
while in the workplace;
(ix)
Any consumer product or hazardous substance,
as those terms are defined in the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.)
and Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.) respectively, where the employer
can show that it is used in the workplace
for the purpose intended by the chemical manufacturer
or importer of the product, and the use results
in a duration and frequency of exposure which
is not greater than the range of exposures
that could reasonably be experienced by consumers
when used for the purpose intended;
(x)
Nuisance particulates where the chemical manufacturer
or importer can establish that they do not
pose any physical or health hazard covered
under this section;
(xi)
Ionizing and nonionizing radiation; and,
(xii)
Biological hazards.
1910.1200(c)
or 1926.59(c) "Definitions."
"Article"
means a manufactured item other than a fluid
or particle:
(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 under normal conditions of use does
not release more than very small quantities,
e.g., minute or trace amounts of a hazardous
chemical (as determined under paragraph (d)
of this section), and does not pose a physical
hazard or health risk to employees.
"Assistant
Secretary" means the Assistant Secretary
of Labor for Occupational Safety and Health,
U.S. Department of Labor, or designee.
"Chemical"
means any element, chemical compound or mixture
of elements and/or compounds.
"Chemical
manufacturer" means an employer with
a workplace where chemical(s) are produced
for use or distribution.
"Chemical
name" means the scientific designation
of a chemical in accordance with the nomenclature
system developed by the International Union
of Pure and Applied Chemistry (IUPAC) or 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 deg. F (37.8 deg. C), but
below 200 deg. F (93.3 deg. C), except any
mixture having components with flashpoints
of 200 deg. F (93.3 deg. C), or higher, the
total volume of which make up 99 percent or
more of the total volume of the mixture.
"Commercial
account" means an arrangement whereby
a retail distributor sells hazardous chemicals
to an employer, generally in large quantities
over time and/or at costs that are below the
regular retail price.
"Common
name" means any designation or identification
such as code name, code number, trade name,
brand name or generic name used to identify
a chemical 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
deg. F (21.1 deg. C); or
(ii)
A gas or mixture of gases having, in a container,
an absolute pressure exceeding 104 psi at
130 deg. F (54.4 deg. C) regardless of the
pressure at 70 deg. F (21.1 deg.C); or
(iii)
A liquid having a vapor pressure exceeding
40 psi at 100 deg. F (37.8 deg. 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 contains a hazardous chemical. For
purposes of this section, pipes or piping
systems, and engines, fuel tanks, or other
operating systems in a vehicle, are not considered
to be containers.
"Designated
representative" means any individual
or organization to whom an employee
gives written authorization to exercise such
employee's rights under this section. A recognized
or certified collective bargaining agent shall
be treated automatically as a designated representative
without regard to written employee authorization.
"Director"
means the Director, National Institute for
Occupational Safety and Health, U.S. Department
of Health and Human Services, or designee.
"Distributor"
means a business, other than a chemical manufacturer
or importer, which supplies hazardous chemicals
to other distributors or to employers.
"Employee"
means a worker who may be exposed to hazardous
chemicals under normal operating conditions
or in foreseeable emergencies. Worker
such as office workers or bank tellers who
encounter hazardous chemicals only in non-routine,
isolated instances are not covered.
"Employer"
means a person engaged in a business where
chemicals are either used, distributed, or
are produced for use or distribution, including
a contractor or subcontractor.
"Explosive"
means a chemical that causes a sudden, almost
instantaneous release of pressure, gas, and
heat when subjected to sudden shock, pressure,
or high temperature.
"Exposure
or exposed" means that an employee is
subjected in the course of employment to a
chemical that is a physical or health hazard,
and includes potential (e.g., accidental or
possible) exposure. "Subjected"
in terms of health hazards includes any route
of entry (e.g., inhalation, ingestion, skin
contact or absorption.)
"Flammable"
means a chemical that falls into one of the
following categories:
(i)
"Aerosol, flammable" means an aerosol
that, when tested by the method described
in 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) 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 deg. F (37.8
deg. C), except any mixture having components
with flashpoints of 100 deg. F (37.8 deg.
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
burns 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 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, Z11.24-1979 (ASTM D 56-79))
for liquids with a viscosity of less than
45 Saybolt Universal Seconds (SUS) at 100
deg. F (37.8 deg. 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, Z11.7-1979
(ASTM D 93-79)) for liquids with a viscosity
equal to or greater than 45 SUS at 100 deg.
F (37.8 deg. 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 3278-78]).
Organic
peroxides, which undergo auto-accelerating
thermal decomposition, are excluded from any
of the flashpoint determination methods specified
above.
"Foreseeable
emergency" means any potential occurrence
such as, but not limited to, equipment failure,
rupture of containers, or failure of control
equipment which could result in an uncontrolled
release of a hazardous chemical into the workplace.
"Hazardous
chemical" means any chemical which is
a physical hazard or a health hazard.
"Hazard
warning" means any words, pictures, symbols,
or combination thereof appearing on a label
or other appropriate form of warning which
convey the specific physical or health hazard(s),
including target organ effects, of the chemical(s)
in the container(s). (See the definitions
for "physical hazard" and "health
hazard" to determine the hazards which
must be covered.)
"Health
hazard" means a chemical for which there
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
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 employers within the
United States.
"Label"
means any written, printed, or graphic material
displayed on or affixed to containers of hazardous
chemicals.
"Material
safety data sheet (MSDS)" means written
or printed material concerning a hazardous
chemical which is prepared in accordance with
paragraph (g) of this section.
"Mixture"
means any combination of two or more chemicals
if the combination is not, in whole or in
part, the result of a chemical reaction.
"Organic
peroxide" means an organic compound that
contains the bivalent -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.
"Oxidizer"
means a chemical other than a blasting agent
or explosive as defined in 1910.109(a), that
initiates or promotes combustion in other
materials, thereby causing fire either of
itself or through the release of oxygen or
other gases.
"Physical
hazard" means a chemical for which there
is scientifically valid evidence that it is
a combustible liquid, a compressed gas, explosive,
flammable, an organic peroxide, an oxidizer,
pyrophoric, unstable (reactive) or water-reactive.
"Produce"
means to manufacture, process, formulate,
blend, extract, generate, emit, or repackage.
"Pyrophoric"
means a chemical that will ignite spontaneously
in air at a temperature of 130 deg. F (54.4
deg. C) or below.
"Responsible
party" means someone who can provide
additional information on the hazardous chemical
and appropriate emergency procedures, if necessary.
"Specific
chemical identity" means the chemical
name, Chemical Abstracts Service (CAS) Registry
Number, or any other information that reveals
the precise chemical designation of the substance.
"Trade
secret" means any confidential formula,
pattern, process, device, information or compilation
of information that is used in an employer's
business, and that gives the employer an opportunity
to obtain an advantage over competitors who
do not know or use it. Appendix D sets out
the criteria to be used in evaluating trade
secrets.
"Unstable
(reactive)" means a chemical which in
the pure state, or as produced or transported,
will vigorously polymerize, decompose, condense,
or will become self-reactive under conditions
of shocks, pressure or temperature.
"Use"
means to package, handle, react, emit, extract,
generate as a by product, 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 are
present.
"Workplace"
means an establishment, job site, or project,
at one geographical location containing one
or more work areas.
1910.1200(d)
or 1926.59(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 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 study conducted
in accordance with established scientific
principles is considered to be sufficient
to establish a hazardous effect if the results
of the study meet the definitions of health
hazards in this section. Appendix A shall
be consulted for the scope of health hazards
covered, and Appendix B shall be consulted
for the criteria to be followed with respect
to the completeness of the evaluation, and
the data to be reported.
(3)
The chemical manufacturer, importer or employer
evaluating chemicals shall treat the following
sources as establishing that the chemicals
listed in them are hazardous:
(i)
29 CFR part 1910, subpart Z, Toxic and Hazardous
Substances, Occupational Safety and Health
Administration (OSHA); or,
(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 this standard.
(4)
Chemical manufacturers, importers and employers
evaluating chemicals shall treat the following
sources as establishing that a chemical is
a carcinogen or potential carcinogen for hazard
communication purposes:
(i)
National Toxicology Program (NTP), "Annual
Report on Carcinogens" (latest edition);
(ii)
International Agency for Research on Cancer
(IARC) "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 a 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 chemical manufacturer, importer, or
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 risk
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.
1910.1200(e)
or 1926.59(e) "Written hazard communication
program."
(1)
Employers shall develop, implement, and maintain
at each workplace, a written hazard communication
program 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);
and,
(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.
(2)
"Multi-employer workplaces." Employers
who produce, use, or store hazardous chemicals
at a workplace in such a way that the employees
of other employer(s) may be exposed (for example,
employees of a construction contractor working
on site) shall additionally ensure that the
hazard communication programs developed and
implemented under this paragraph (e) include
the following:
(i)
The methods the employer will use to provide
the other employer(s) on site access to material
safety data sheets for each hazardous chemical
the other employer(s)' employees may be exposed
to while working;
(ii)
The methods the employer will use to inform
the other employer(s) of any precautionary
measures that need to be taken to protect
employees during the workplace's normal
operating conditions and in foreseeable
emergencies; and,
(iii)
The methods the employer will use to inform
the other employer(s) of the labeling system
used in the workplace.
(3)
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).
(4)
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 1910.20
(e).
(5)
Where employees must travel between workplaces
during a workshift, i.e., their work is carried
out at more than one geographical location,
the written hazard communication program may
be kept at the primary workplace facility.
1910.1200(f)
or 1926.59(f) "Labels and other 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 manufacturer,
importer, or other responsible party.
(i) For solid metal (such as a steel beam
or a metal casting), solid wood, or plastic
items that are not exempted as articles due
to their downstream use, or shipments of whole
grain, the required label may be transmitted
to the customer at the time of the initial
shipment, and need not be included with subsequent
shipments to the same employer unless the
information on the label changes;
(ii)
The label may be transmitted with the initial
shipment itself, or with the material safety
data sheet that is to be provided prior to
or at the time of the first shipment; and,
(iii) This exception to requiring labels on
every container of hazardous chemicals is
only for the solid material itself, and does
not apply to hazardous chemicals used in conjunction
with, or known to be present with, the material
and to which employees handling the items
in transit may be exposed (for example, cutting
fluids or pesticides in grains).
(3)
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 (49 U.S.C. 1801
et seq.) and regulations issued under that
Act by the Department of Transportation.
(4)
If the hazardous chemical is regulated by
OSHA in a substance-specific health standard,
the chemical 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.
(5)
Except as provided in paragraphs (f)(6) and
(f)(7) of this section, 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; and,
(ii)
Appropriate hazard warnings, or alternatively,
words, pictures, symbols, or combination
thereof, which provide at least general information
regarding the hazards of the chemicals, and
which, in conjunction with the other information
immediately available to employees under the
hazard communication program, will provide
employees with the specific information regarding
the physical and health hazards of the hazardous
chemical.
(6)
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)(5) 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.
(7)
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.
For purposes of this section, drugs which
are dispensed by a pharmacy to a health care
provider for direct administration to a patient
are exempted from labeling.
(8)
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.
(9)
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.
(10)
The chemical manufacturer, importer, distributor
or employer need not affix new labels to comply
with this section if existing labels already
convey the required information.
(11)
Chemical manufacturers, importers, distributors,
or employers who become newly aware
of any significant information regarding the
hazards of a chemical shall revise the labels
for the chemical within three months of becoming
aware of the new information. Labels on containers
of hazardous chemicals shipped after that
time shall contain the new information. If
the chemical is not currently produced or
imported, the chemical manufacturer, importers,
distributor, or employer shall add the information
to the label before the chemical is shipped
or introduced into the workplace again.
1910.1200(g)
or 1926.59(g) "Material safety data sheets."
(1)
Chemical manufacturers and importers shall
obtain or develop a material safety data sheet
for each hazardous chemical they produce or
import. Employers shall have a material safety
data sheet in the workplace for each hazardous
chemical which they use.
(2)
Each material safety data sheet shall be in
English (although the employer may maintain
copies in other languages as well), and shall
contain at least the following information:
(i)
The identity used on the label, and, except
as provided for in paragraph (i) of this
section on trade secrets:
(A)
If the hazardous chemical is a single substance,
its chemical and common 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:
{1}
The chemical and common name(s) of all ingredients
which have been determined to be health
hazards, and which comprise 1% or greater
of the composition, except that chemicals
identified as carcinogens under paragraph
(d) of this section shall be listed if the
concentrations are 0.1% or greater; and
{2} The chemical and common name(s) of all
ingredients which have been determined to
be health hazards, and which comprise less
than 1% (0.1% for carcinogens) of the mixture,
if there is evidence that the ingredient(s)
could be released from the mixture in concentrations
which would exceed an established OSHA permissible
exposure limit or ACGIH Threshold Limit
Value, or could present a health risk to
employees; and,
{3}
The chemical and common 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 OSHA permissible exposure limit, ACGIH
Threshold Limit Value, and any other exposure
limit used or recommended by the chemical
manufacturer, importer, or employer preparing
the material safety data sheet, where available;
(vii)
Whether the hazardous chemical is listed
in the National Toxicology Program
(NTP) Annual Report on Carcinogens (latest
edition) or has been found to be a potential
carcinogen in the International Agency for
Research on Cancer (IARC) Monographs (latest
editions), or by OSHA;
(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 material 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 preparing
the material safety data sheet becomes newly
aware of any significant information regarding
the hazards of a chemical, or ways to protect
against the hazards, this new information
shall be added to the material safety data
sheet within three months. If the chemical
is not currently being produced or imported
the chemical manufacturer or importer shall
add the information to the material safety
data sheet before the chemical is introduced
into the workplace again.
(6)
(i) Chemical manufacturers or importers shall
ensure that distributors and employers are
provided an appropriate material safety data
sheet with their initial shipment, and with
the first shipment after a material safety
data sheet is updated;
(ii)
The chemical manufacturer or importer shall
either provide material safety data sheets
with the shipped containers or send them to
the distributor or employer prior to or at
the time of the shipment;
(iii)
If the material safety data sheet is not provided
with a shipment that has been labeled
as a hazardous chemical, the distributor or
employer shall obtain one from the chemical
manufacturer or importer as soon as possible;
and,
(iv)
The chemical manufacturer or importer shall
also provide distributors or employers
with a material safety data sheet upon request.
(i)
Distributors shall ensure that material safety
data sheets, and updated information,
are provided to other distributors and employers
with their initial shipment and with the first
shipment after a material safety data sheet
is updated;
(ii)
The distributor shall either provide material
safety data sheets with the shipped
containers, or send them to the other distributor
or employer prior to or at the time of the
shipment;
(iii)
Retail distributors selling hazardous chemicals
to employers having a commercial account
shall provide a material safety data sheet
to such employers upon request, and shall
post a sign or otherwise inform them that
a material safety data sheet is available;
(iv)
Wholesale distributors selling hazardous chemicals
to employers over-the-counter may also,
as an alternative to keeping a file of material
safety data sheets for all hazardous chemicals
they sell, provide material safety data sheets
upon the request of the employer at the time
of the over-the-counter purchase, and shall
post a sign or otherwise inform such employers
that a material safety data sheet is available;
(v)
If an employer without a commercial account
purchases a hazardous chemical from a retail
distributor not required to have material
safety data sheets on file (i.e., the retail
distributor does not have commercial accounts
and does not use the materials), the retail
distributor shall provide the employer, upon
request, with the name, address, and telephone
number of the chemical manufacturer, importer,
or distributor from which a material safety
data sheet can be obtained;
(vi)
Wholesale distributors shall also provide
material safety data sheets to employers
or other distributors upon request; and,
(vii)
Chemical manufacturers, importers, and distributors
need not provide material safety data
sheets to retail distributors that have informed
them that the retail distributor does not
sell the product to commercial accounts or
open the sealed container to use it in their
own workplaces.
(8)
The employer shall maintain in the workplace
copies of the required material safety
data sheets for each hazardous chemical, and
shall ensure that they are readily accessible
during each work shift to employees when they
are in their work area(s). (Electronic access,
microfiche, and other alternatives to maintaining
paper copies of the material safety data sheets
are permitted as long as no barriers to immediate
employee access in each workplace are created
by such options.)
(9)
Where employees must travel between workplaces
during a workshift, i.e., their work
is carried out at more than one geographical
location, the material safety data sheets
may be kept at the primary workplace facility.
In this situation, the employer shall ensure
that employees can immediately obtain the
required information in an emergency.
(10)
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 each employer shall ensure that
in all cases the required information is provided
for hazardous chemical, and is readily accessible
during each work shift to employees when they
are in their work area(s).
(11)
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.
1910.1200(h)
or 1926.59(h) "Employee information and
training."
(1)
Employers shall provide employees with effective
information and training on hazardous chemicals
in their work area at the time of their initial
assignment, and whenever a new physical or
health hazard the employees have not previously
been trained about is introduced into their
work area. Information and training may be
designed to cover categories of hazards (e.g.,
flammability, carcinogenicity) or specific
chemicals. Chemical-specific information must
always be available through labels and material
safety data sheets.
(2)
"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 written
hazard communication program, including the
required list(s) of hazardous chemicals, and
material safety data sheets required by this
section.
(3)
"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 be 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.
1910.1200(i)
or 1926.59(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:
(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, employees, and designated
representatives in accordance with the applicable
provisions of this paragraph.
(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)(1)
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:
(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:
(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:
(A)
The 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, or individual employee), employee,
or designated representative, agree in a written
confidentiality agreement that the health
professional, employee, or designated representative,
will not use the trade secret information
for any purpose other than the health need(s)
asserted and agree not to release the information
under any circumstances other than to OSHA,
as provided in paragraph (i)(6) of this 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 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 |
