AIJTHENTICAT ID
`U.S. GGIERNMENT
`INFORMATION
`GPO
`
`Occupational Safety and Health Admln.. Labor
`
`§l9'I0.l200
`
`of a currently effective determination
`by the Assistant Secretary of Labor
`that such program is compatible with
`the requirements of this section. Such
`determinations currently are in effect
`only in the States of Alabama, Arkan-
`sas, California, Kansas, Kentucky,
`Florida. Mississippi, New Hampshire,
`New York, North Carolina. Texas. Ten-
`nessee, Oregon, Idaho, Arizona. Colo-
`rado. Louisiana, Nebraska, Wash-
`ington, Maryland, North Dakota.
`South Carolina. and Georgia.
`[39 FR 23502. June 27. 1974. as amended at 43
`FR. 49746. Oct. 24. 1978: 43 FR 51759. Nov. 7.
`1978; 49 FR. 182.95. Apr. 30. 1984; 68 FR 35309.
`June 30, 1993. Redesignated at 61 FR 31430,
`June 20. 1996]
`
`§19l0.1200 Hazard communication.
`(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 con-
`cerning their hazards is transmitted to
`employers and employees. This trans-
`mittal of information is to be accom-
`plished by means of comprehensive
`hazard
`communication
`programs,
`which are to include container labeling
`and other forms of warning. material
`safety data sheets and employee train-
`mg.
`safety and
`(2) This occupational
`health standard is intended to address
`comprehensively the issue oi‘ evalu-
`ating the potential hazards of chemi-
`cals, 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. Evalu-
`ating the potential hazards of chemi-
`cals, and communicating information
`concerning hazards and appropriate
`protective measures to employees. may
`include. for example. but is not limited
`to, provisions for: developing and main-
`taining a written hazard communica-
`tion program for the workplace, includ-
`ing
`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; prepara-
`tion and distribution of material safety
`data sheets to employees and down-
`stream employers; and development
`
`and implementation of employee train-
`ing 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 Feder-
`ally-approved state plan.
`(b) Scope and application. (1) This sec-
`tion requires chemical manufacturers
`or importers to assess the hazards of
`chemicals which they produce or im-
`port. and all employers to provide in-
`formation to their employees about the
`hazardous chemicals to which they are
`exposed. by means of a hazard commu-
`nication program,
`labels and other
`forms of warning, material safety data
`sheets. and information and training.
`In addition. this section requires dis-
`tributors to transmit the required in-
`formation to employers.
`(Employers
`who do not produce or import chemi-
`cals need only focus on those parts of
`this rule that deal with establishing a
`workplace
`program and
`commu-
`nicating information to their workers.
`Appendix E of this section is a general
`guide for such employers to help them
`determine their compliance obligations
`under the rule.)
`(2) This section applies to any chem-
`ical which is known to be present in
`the workplace in such a manner that
`employees may be exposed under nor-
`mal conditions of use or in a foresee-
`able emergency.
`(3) This section applies to labora-
`tories 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 re-
`ceived with incoming shipments of haz-
`ardous chemicals, and ensure that they
`are
`readily accessible during each
`workshiit
`to laboratory employees
`when they are in their work areas:
`(iii) Employers shall ensure that lab-
`oratory employees are provided infor-
`mation and training in accordance
`with paragraph (h) of this section, ex-
`cept for the location and availability of
`the written hazard communication pro-
`gram under paragraph (h)(2)(iii) of this
`section; and,
`
`461
`
`1 of23
`
`Arkema Exhibit 1077
`
`

`
`§ 1910.120!)
`
`(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 lab-
`oratory are labeled in accordance with
`paragraph (f)(l) of this section, and
`that a material safety data sheet is
`provided to distributors and other em-
`ployers in accordance with paragraphs
`(g)(6) and (g)(7) of this section.
`(4) In work operations where employ-
`ees 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 sec-
`tion 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 safe-
`ty data sheet as soon as possible for
`sealed containers of hazardous chemi-
`cals 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 em-
`ployees are provided with information
`and training in accordance with para-
`graph (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 haz-
`ardous chemical
`from a sealed con-
`tainer.
`(5) This section does not require la-
`beling of the following chemicals:
`(1) Any pesticide as such term is de-
`fined in the Federal Insecticide, Fun-
`gicide, 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 mix-
`ture as such terms are defined in the
`
`29 CFR Ch. XVII (7-'|-01 Edition)
`
`(15
`Toxic Substances Control Act
`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 ad-
`ditive, drug, cosmetic. or medical or
`veterinary device or product. including
`materials intended for use as ingredi-
`ents in such products (e.g. flavors and
`fragrances), as such terms are defined
`in the Federal Food, Drug, and Cos-
`metic 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 De-
`partment of Agriculture;
`(iv) Any distilled spirits (beverage al-
`cohols). wine, or malt beverage in-
`tended for nonindustrial use, as such
`terms are defined in the Federal Alco-
`hol Administration Act (27 U.S.C. 201 et
`seq.) and regulations issued under that
`Act, when subject to the labeling re-
`quirements of that Act and labeling
`regulations issued under that Act by
`the Bureau of Alcohol. Tobacco. and
`Firearms;
`(v) Any consumer product or haz-
`ardous substance as those terms are de-
`fined 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 Com-
`mission; 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: (1)
`Any hazardous waste as such term is
`defined by the Solid Waste Disposal
`Act, as amended by the Resource Con-
`servation 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 Protec-
`tion Agency;
`
`462
`
`2 of23
`
`

`
`Occupational Safety and Health Admln.. Labor
`
`§'l9'l0.'l200
`
`(ii) Any hazardous substance as such
`term is defined by the Comprehensive
`Environmental Response. Compensa-
`tion and Liability ACT (CERCLA) (42
`U.S.C. 9601 et seq.) when the hazardous
`substance is the focus of remedial or
`removal action being conducted under
`CERCLA in accordance with Environ-
`mental Protection Agency regulations;
`(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 combus-
`tibility (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 ex-
`empted);
`(v) Articles (as that term is defined
`in paragraph (0) 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 con-
`sumption by employees while in the
`workplace;
`(vii) Any drug. as that term is de-
`fined 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., tab-
`lets 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 consump-
`tion by employees while in the work-
`place (e.g.. first aid supplies);
`(viii) Cosmetics which are packaged
`for sale to consumers in a retail estab-
`lishment. and cosmetics intended for
`personal consumption by employees
`while in the workplace;
`(ix) Any consumer product or haz-
`ardous substance. as those terms are
`defined in the Consumer Product Safe-
`ty Act (15 U.S.C. 2051 et seq.) and Fed-
`eral 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 in-
`tended 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 reason-
`ably 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 radi-
`ation: and.
`(xii) Biological hazards.
`(0) 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 mnction(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 chem-
`ical (as determined under paragraph (d)
`of this section), and does not pose a
`physical hazard or health risk to em-
`ployees.
`Assistant Secretary means the Assist-
`ant Secretary of Labor
`for Occupa-
`tional Safety and Health. U.S. Depart-
`ment of Labor. or designee.
`Chemical means any element, chem-
`ical compound or mixture of elements
`and/or compounds.
`Chemical manufacturer means an em-
`ployer with a workplace where chem-
`lcal(s) are produced for use or distribu-
`tion.
`Chemical name means the scientific
`designation of a chemical
`in accord-
`ance with the nomenclature system de-
`veloped 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 identity the chem-
`ical for the purpose of conducting a
`hazard evaluation.
`Combustible liquid means any liquid
`having a flashpoint at or above 100 ‘’F
`(37.3 °C). but below 200 °F (93.3 °C). ex-
`cept any mixture having components
`with fiashpoints of 200 °F‘ (93.3 °C). or
`higher. the total volume of which make
`up 99 percent or more of the total vol-
`ume of the mixture.
`Commercial
`account means an ar-
`rangement whereby a retail distributor
`
`463
`
`3 of23
`
`

`
`§ l9l0.l200
`
`sells hazardous chemicals to an em-
`ployer, 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 ex-
`ceeding 40 psi at 70 °F (21.1 °C); or
`(ii) A gas or mixture of gases having,
`in a container, an absolute pressure ex-
`ceeding 104 psi at 130 ‘’F (54.4 °C) regard-
`less of the pressure at 70 °F (21.1 °C); or
`(iii) A liquid having a vapor pressure
`exceeding 40 psi at 100 °F (37.8 °C) as de-
`termined by ASTM D—323—'I2.
`Container means any bag, barrel, bot-
`tle. 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 cer-
`tified collective bargaining agent shall
`be treated automatically as a des-
`ignated 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 im-
`porter, 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 fore-
`seeable emergencies. Workers such as
`office workers or bank tellers who en-
`counter 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
`
`29 CFR Ch. XVII (7-I-01 Edlllon)
`
`including a con-
`use or distribution.
`tractor or subcontractor.
`that
`Explosive means a chemical
`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.)
`that
`Flammable means a chemical
`falls into one of the following cat-
`egories:
`(i) Aerosol, flammable means an aer-
`osol that, when tested by the method
`described in 16 CFR 1500.45, yields a
`name projection exceeding 18 inches at
`full valve opening. or a flashback (a
`flame extending back to the valve) at
`any degree of valve opening;
`(11) Gas, flammable means: (A) A gas
`that, at ambient temperature and pres-
`sure. forms a flammable mixture with
`air at a concentration of thirteen (13)
`percent by volume or less; or
`(B) A gas that, at ambient tempera-
`ture and pressure.
`forms a range of
`flammable mixtures with air wider
`than twelve (12) percent by volume. re-
`gardless of the lower limit;
`(iii) Liquid, flammable means any liq-
`uid having a flashpoint below 100 °F
`(37.8 °C), except any mixture having
`components with flashpoints of 100 °F
`(37.8 °C) or higher, the total of which
`make up 99 percent or more of the total
`volume of the mixture.
`(iv) Solid, flammable means a solid,
`other than a blasting agent or explo-
`sive as defined in §l910.l09(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 de-
`scribed in 16 CFR 1500.44, it ignites and
`burns with a self-sustained name at a
`rate greater than one-tenth of an inch
`per second along its major axis.
`
`464
`
`4of23
`
`

`
`§l9'I0.I200
`
`Occupational Safety and Health Adnln.. Labor
`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 sys-
`tem. and agents which damage the
`lungs. skin. eyes. or mucous mem-
`branes. 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 wheth-
`er or not a chemical is to be considered
`hazardous for purposes of this stand-
`ard.
`Identity means any chemical or com-
`mon 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 haz-
`ardous chemical will be under the con-
`trol 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 em-
`ployers within the United States.
`Label means any written. printed. or
`graphic material displayed on or af-
`fixed to containers of hazardous chemi-
`cals.
`(MSDS)
`safety data sheet
`Material
`means written or printed material con-
`cerning 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 combina-
`tion is not. in whole or in part. the re-
`sult of a chemical reaction.
`Organic peroxide means an organic
`compound that contains the bivalent
`-0-O-structure and which may be con-
`sidered to be a structural derivative oi‘
`hydrogen peroxide where one or both of
`the hydrogen atoms has been replaced
`by an organic radical.
`
`Flashpoint means the minimum tem-
`perature at which a liquid gives off a
`vapor in sufficient concentration to ig-
`nite when tested as follows:
`(See
`(i) Tagliabue Closed Tester
`American National Standard Method of
`Test for Flash Point by Tag Closed
`Tester. Zll.24—19'79 (ASTM D 56-79)) for
`liquids with a viscosity of less than 45
`Saybolt Universal Seconds (SUS) at 100
`“F (37.8 °C). that do not contain sus-
`pended solids and do not have a tend-
`ency 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. Z1l.7—
`1979 (ASTM D 93-79)) for liquids with a.
`viscosity equal
`to or greater than 45
`SUS at 100 “F (37.8 °C). or that contain
`suspended solids, or that have a. tend-
`ency to form a surface film under test:
`or
`(see
`(iii) Setaflash Closed Tester
`American National Standard Method of
`Test
`for Flash Point by Setaflash
`Closed Tester (ASTM D 3278-78)).
`Organic
`peroxides. which
`undergo
`autoaocelerating thermal decomposi-
`tion, are excluded from any of the
`flashpoint
`determination methods
`specified above.
`Foreseeable emergency means any po-
`tential occurrence such as. but not lim-
`ited to. equipment failure, rupture of
`containers, or failure of control equip-
`ment which could result in an uncon-
`trolled release of a hazardous chemical
`into the workplace.
`Hazardous chemical means any chem-
`ical 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 con-
`vey the specific physical and health
`hazard(s).
`including target organ ef-
`fects. of the chemical(s) in the con-
`tainer(s).
`(See
`the definitions
`for
`“physical hazard" and "health hazard”
`to determine the hazards which must
`be covered.)
`Health hazard mean a chemical for
`which there is statistically significant
`evidence based on at least one study
`conducted in accordance with estab-
`lished scientific principles that acute
`
`465
`
`5of23
`
`

`
`§l9'|0.l200
`
`Oxiclizer means a chemical other than
`a blasting agent or explosive as defined
`in §l910.109(a),
`that initiates or pro-
`motes 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 evi-
`dence 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. proc-
`ess,
`formulate, blend, extract, gen-
`erate, emit, or repackage.
`that
`Pyrophoric means a chemical
`will ignite 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 hazardous chemical and appro-
`priate emergency procedures,
`if nec-
`essary.
`identity means the
`Specific chemical
`chemical name. Chemical Abstracts
`Service (CAS) Registry Number. or any
`other information that reveals the pre-
`cise chemical designation of the sub-
`stance.
`Trade secret means any confidential
`formula, pattern. process, device. infor-
`mation or compilation of information
`that is used in an employer's business,
`and that gives the employer an oppor-
`tunity 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 polym-
`erize, decompose, condense, or will be-
`come self-reactive under conditions of
`shocks. pressure or temperature.
`Use means to package, handle, react.
`emit. extract, generate as a byproduct,
`or transfer.
`Water-reactive means a chemical that
`reacts with water to release a gas that
`is either
`flammable or presents a
`health hazard.
`Work area 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
`
`29 CFR Ch. XVII (7-I-01 Ediilon)
`
`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 de-
`termine if they are hazardous. Employ-
`ers are not required to evaluate chemi-
`cals unless they choose not to rely on
`the evaluation performed by the chem-
`ical manufacturer or importer for the
`chemical to satisfy this requirement.
`(2) Chemical manufacturers, import-
`ers or employers evaluating chemicals
`shall identify and consider the avail-
`able
`scientific evidence
`concerning
`such hazards. For health hazards, evi-
`dence which is statistically significant
`and which is based on at least one posi-
`tive 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 com-
`pleteness of the evaluation, and the
`data to be reported.
`im-
`(3) The chemical manufacturer,
`porter or employer evaluating chemi-
`cals shalltreat the following sources as
`establishing that the chemicals listed
`in them are hazardous:
`(i) 29 CFR part 1910, subpart Z. Toxic
`and Hazardous Substances, Occupa-
`tional Safety and Health Administra-
`tion (OSHA); or.
`(ii) Threshold Limit Values for Chem-
`ical Substances and Physical Agents in
`the Work Environment, American Con-
`ference of Governmental Industrial Hy-
`gienists (ACGIH) (latest edition). The
`chemical manufacturer,
`importer, or
`employer is still responsible for evalu-
`ating the hazards associated with the
`chemicals in these source lists in ac-
`cordance with the requirements of this
`standard.
`(4) Chemical manufacturers, import-
`ers and employers evaluating chemi-
`cals shall treat the following sources as
`establishing that a chemical is a car-
`cinogen or potential carcinogen for
`hazard communication purposes:
`
`466
`
`6of23
`
`

`
`Occupational Safety and Health Admln.. Labor
`
`§I9'l0.l200
`
`(i) National Toxicology Program
`(NTP), Annual Report on Carclnogens
`(latest edition);
`(ii)
`International Agency for Re-
`search on Cancer (IARC) Monographs
`(latest editions); or
`(iii) 29 CFR. part 1910. subpart Z,
`Toxic and Hazardous Substances. Occu-
`pational Safety and Health Adminis-
`tration.
`NOTE: The Registry of Toxic Effects of Chem-
`ical Substances published by the National In-
`stitute for Occupational Safety and Health
`indicates whether a chemical has been found
`by NTP or
`IARC to be a potential car-
`cinogen.
`im-
`(5) The chemical manufacturer.
`porter or employer shall determine the
`hazards of mixtures of chemicals as fol-
`lows:
`(i) If a mixture has been tested as a
`whole to determine its hazards, the re-
`sults of such testing shall be used to
`determine whether the mixture is haz-
`ardous:
`(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 as-
`sumed to present a carcinogenic hazard
`if it contains a component
`in con-
`centrations 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 chem-
`ical manufacturer,
`importer, or em-
`ployer may use whatever scientifically
`valid data is available to evaluate the
`physical hazard potential of the mix-
`ture; and.
`the chemical manufacturer,
`(iv)
`11‘
`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 car-
`cinogens, less than 0.1 percent) could
`be released in concentrations which
`would exceed an established OSHA per-
`missible
`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, import-
`ers, or employers evaluating chemicals
`shall describe in writing the procedures
`they use to determine the hazards of
`the chemical they evaluate. The writ-
`ten procedures are to be made avail-
`able, upon request. to employees, their
`designated representatives, the Assist-
`ant Secretary and the Director. The
`written description may be
`incor-
`porated into the written hazard com-
`munication program required under
`paragraph (e) of this section.
`(e) Written hazard communication pro-
`gram. (1) Employers shall develop. im-
`plement, and maintain at each work-
`place, a written hazard communication
`program which at least describes how
`the criteria specified in paragraphs (1'),
`(g), and (h) of this section for labels
`and other forms of warning, material
`safety data sheets, and employee infor-
`mation and training will be met, and
`which also includes the following:
`(1) 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 con-
`tained in unlabeled pipes in their work
`areas.
`
`(2) Multi-employer workplaces. Em-
`ployers who produce, use. or store haz-
`ardous chemicals at
`a. workplace in
`such a way that the employees of other
`employer(s) may be exposed (for exam-
`ple. employees of a construction con-
`tractor working on-site) shall addition-
`ally ensure that the hazard commu-
`nication programs developed and im-
`plemented under this paragraph (e) in-
`clude 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
`
`467
`
`7of23
`
`

`
`§ I9‘|0.l200
`
`to be taken to protect employees dur-
`ing the workplace‘s normal operating
`conditions and in foreseeable emer-
`gencies; and,
`(iii) The methods the employer will
`use to inform the other employer(s) oi‘
`the labeling system used in the work-
`place.
`(3) The employer may rely on an ex-
`isting hazard communication program
`to comply with these requirements,
`provided that it meets the criteria es-
`tablished in this paragraph (e).
`(4) The employer shall make the
`written hazard communication pro-
`gram available. upon request.
`to em-
`ployees.
`their designated representa-
`tives, the Assistant Secretary and the
`Director,
`in accordance with the re-
`quirements of 29 CFR. 1910.20 (e).
`(5) Where employees must travel be-
`tween workplaces during a workshift,
`i.e., their work is carried out at more
`than one geographical
`location.
`the
`written hazard communication pro-
`gram may be kept at
`the primary
`workplace facility.
`(f) Labels and other forms of warning.
`(1) The chemical manufacturer.
`im-
`porter, or distributor shall ensure that
`each container of hazardous chemicals
`leaving
`the workplace
`is
`labeled,
`tagged or marked with the following
`information:
`(1) Identity of the hazardous chem-
`ical(s);
`(ii) Appropriate hazard warnings; and
`(iii) Name and address of the chem-
`ical manufacturer. importer. or other
`responsible party.
`(2)(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 la-
`bels on every container of hazardous
`chemicals is only for the solid material
`
`29 CFR Ch. XVII (7-‘I-OI Edition)
`
`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, import-
`ers, 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 Transpor-
`tation 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 regu-
`lated by OSHA in a substance-specific
`health standard,
`the chemical manu-
`facturer. importer, distributor or em-
`ployer shall ensure that the labels or
`other forms of warning used are in ac-
`cordance with the requirements of that
`standard.
`(5) Except as provided in paragraphs
`(I)(6) and (f)(7) of this section. the em-
`plo