Current through Register Vol. 49, No. 2, February
2024
These rules and regulations are promulgated by the Director of
Labor of the State of Arkansas pursuant to the authority granted by Ark. Code
Ann. '' 8-7-1001 through -1016 and 11-2-110, -112 and -113 (1987 and
Supp.)
12-(a)
PURPOSE.
(1) The purpose of these regulations is to
ensure that the hazards of all chemicals produced or imported are evaluated,
and that information concerning their hazards is transmitted to public
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. Evaluating
the potential hazards of chemicals, and communicating information concerning
hazards and appropriate protective measures to employees shall 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.
12-(b)
SCOPE AND APPLICATION.
(1) These
regulations require chemical manufacturers and distributors to provide public
employers with material safety data sheets on hazardous chemicals purchased,
produced or otherwise obtained. These regulations require all public employers
to provide information to their employees about the hazardous chemicals to
which they are exposed under normal operating conditions or in foreseeable
emergencies, by means of a hazard communication program, labels and other forms
of warning, material safety data sheets, and information and
training.
(2) These regulations
apply 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) These
regulations do 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 food, food additive, color additive,
drug, cosmetic, or medical or veterinary device, including materials intended
for use as ingredients in such products (e.g. flavors and fragrances), as such
terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et. seq.) and regulations issued under that Act, when they are subject to the
labeling requirements under that Act by the Food and Drug
Administration;
(iii) Any distilled
spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial
use, as such terms are defined in the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the
labeling requirements of that Act and labeling regulations issued under that
Act by the Bureau of Alcohol, Tobacco, and Firearms; and,
(iv) Any consumer product or hazardous
substance as those terms are defined in the Consumer Product Safety Act (15
U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.) respectively, when subject to a consumer product safety standard or
labeling requirement of those Acts, or regulations issued under those Acts by
the Consumer Product Safety Commission.
(4) These regulations do 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) Tobacco or
tobacco products;
(iii) Wood or
wood products;
(iv)
Articles;
(v) Food, drugs,
cosmetics, or alcoholic beverages purchased in a retail establishment and
packaged for sale to consumers;
(vi) Foods, drugs, or cosmetics intended for
personal consumption by employees while in the workplace;
(vii) 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 demonstrate it is used in the
workplace in the same manner as normal consumer use, and which use results in a
duration and frequency of exposure which is not greater than exposure
experienced by consumers; and,
(viii) 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 (i.e., tablets or
pills).
12-(c)
DEFINITIONS.
(1) "Article" means
a manufactured item:
(i) Which is formed to a
specific shape or design during manufacture;
(ii) which has end use function(s) dependent
in whole or in part upon its shape or design during end use; and
(iii) which does not release, or otherwise
result in exposure to, a hazardous chemical, under normal conditions of
use.
(2) "Chemical"
means any element, chemical compound or mixture of elements and/or
compounds.
(3) "Chemical
manufacturer" means an employer with a workplace where chemical(s) are produced
for use or distribution.
(4)
"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.
(5) "Combustible liquid" means any liquid
having a flashpoint at or above 100oF
(37.8oC), but below 200oF
(93.3oC), except any mixture having components with
flashpoints of 200oF
(93.3oC), or higher, the total volume of which make
up 99 percent or more of the total volume of the mixture.
(6) "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.
(7) "Compressed gas" means:
(i) A gas or mixture of gases having, in a
container, an absolute pressure exceeding 40 psi at
70oF (21.1oC);
or
(ii) a gas or mixture of gases
having, in a container, an absolute pressure exceeding 104 psi at
130oF (54.4oC) regardless
of the pressure at 70oF
(21.1oC); or
(iii) a liquid having a vapor pressure
exceeding 40 psi at 100oF
(37.8oC) as determined by ASTM D-323-72.
(8) "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 these regulations,
pipes or piping systems, and engines, fuel tanks, or other operating systems in
a vehicle, are not considered to be containers.
(9) "Designated representative" means any
individual or organization to whom an employee gives written authorization to
exercise such employee's rights under these regulations. A recognized or
certified collective bargaining agent shall be treated automatically as a
designated representative without regard to written employee
authorization.
(10) "Director"
means the Director of the Arkansas Department of Labor, or his
designee.
(11) "Distributor" means
a business other than a chemical manufacturer or importer, which supplies
hazardous chemicals to other distributors or to employers.
(12) "Employee" or "Public Employee" means
any worker employed by a public employer who may be exposed to hazardous
chemicals under normal operating conditions or in foreseeable emergencies.
Office workers and nonresident management are not generally included unless
their job performance routinely involves potential exposure to hazardous
chemicals. The term "employee" or "public employee" includes:
(i) State Employees and Officers: Any officer
or employee of any state agency, board, commission, department, institution,
college, university, or community college receiving appropriation for regular
salaries, extra help or authorized overtime payable from funds deposited in the
State Treasury or depositories other than the State Treasury by the General
Assembly;
(ii) Public School
Employees: Any officer or employee of the various school districts of this
state;
(iii) Municipal Employees:
Any officer or employee of the municipalities of this state, the employees of
any board, commission, department, or institution owned, operated, managed, and
administered by the municipalities;
(iv) County Employees: Any officer or
employee of the counties of this state, the employees of any board, commission,
department, or institution owned, operated, managed, and administered by the
counties; and
(v) Volunteer
Workers: Any volunteer worker acting subject to the order, control, direction
or supervision of a public employer. This includes volunteer firefighters
deemed to be county employees for the purpose of workers' compensation coverage
pursuant to Ark. Code Ann. ' 20-22-809 (Supp. 1991). Prisoners or inmates
incarcerated in state, county or local government facilities are not
covered.
(13) "Employer"
or "Public Employer" means:
(i) Any state
agency, board, commission, department, institution, college, university, or
community college receiving appropriation for regular salaries, extra help, and
authorized overtime payable from funds deposited in the State Treasury or
depositories other than the State Treasury by the General Assembly;
(ii) Any municipality of the State of
Arkansas or any department, board commission, or institution owned, operated,
managed, and administered by a municipality of the State of Arkansas.
(A) Any municipal hospital or nursing home
operated, managed, or administered by a private management company or
enterprise, whether under a contract for management, under a lease agreement,
or under any other type of management arrangement, is a private employer and
not covered under these regulations;
(B) Any unincorporated city or town shall not
be deemed to be a public employer;
(iii) Any county of the State of Arkansas or
any department, board, commission, or institution owned, operated, managed, and
administered by a county of the State of Arkansas. However, any county hospital
or nursing home operated, managed, or administered by a private management
company or enterprise, whether under a contract for management, or under a
lease agreement, or under any other type of management arrangement, is a
private employer and not covered under these regulations;
(iv) Any of the various school districts in
the State of Arkansas;
(v) The
State Office of Emergency Services and any local government unit making use of
emergency service volunteer workers.
(14) "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.
(15) "Exposure" or "exposed" means that an
employee is subjected to a hazardous chemical in the course of employment
through any route of entry (inhalation, ingestion, skin contact or absorption,
etc.), and includes potential (e.g. accidental or possible) exposure.
(16) "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 100oF
(37.8oC), except any mixture having components with
flashpoints of 100oF
(37.8oC) 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 29 CFR 190.109(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.
(17) "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 University Seconds (SUS) at
100oF (37.8oC), 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 100oF
(37.8oC), 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
(ASTMD 3278-78) Organic peroxides, which undergo autoaccelerating thermal
decomposition, are excluded from any of the flash-point determination methods
specified above.
(18)
"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.
(19) "Hazardous
chemical" means any chemical which is a physical hazard or a health
hazard.
(20) "Hazard warning" means
any words, pictures, symbols, or combination thereof appearing on a label or
other appropriate form of warning which convey the hazard(s) of the chemical(s)
in the container(s).
(21) "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 B provides further definitions and explanations of the scope of health
hazards covered by this section, and Appendix C describes the criteria to be
used to determine whether or not a chemical is to be considered hazardous for
purposes of this standard.
(22)
"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.
(23) "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.
(24) "Label" means any written printed, or
graphic material, displayed on or affixed to containers of hazardous
chemicals.
(25) "Material safety
data sheet (MSDS)" means written or printed material concerning a hazardous
chemical which is prepared in accordance with paragraph 12-(g) of these
regulations.
(26) "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.
(27) "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.
(28) "Oxidizer" means a chemical other than a
blasting agent or explosive as defined in 29 CFR 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.
(29) "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.
(30) "Produce" means to manufacture, process,
formulate, or repackage.
(31)
"Pyrophoric" means a chemical that will ignite spontaneously in air at a
temperature of 130oF
(54.4oC) or below.
(32) "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.
(33) "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 E sets out the criteria to be used in
evaluating trade secrets.
(34)
"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.
(35) "Use" means to package, handle, react,
or transfer.
(36) "Water-reactive"
means a chemical that reacts with water to release a gas that is either
flammable or presents a health hazard.
(37) "Work area" means a room or defined
space in a workplace where hazardous chemicals are produced or used, and where
employees are present.
(38)
"Workplace" means an establishment, job site, or project, at one geographical
location containing one or more work areas under a public employer's control or
direction.
12-(d)
HAZARD DETERMINATION
(1) Public
employers are not required to evaluate chemicals to determine if they are
hazardous unless they choose not to rely on the evaluation performed by the
chemical manufacturer and the material safety data sheet provided by the
chemical manufacturer or distributor.
(2) Chemical manufacturers 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 B shall be
consulted for the scope of health hazards covered, and Appendix C 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 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 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 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 editions);
(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 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 12-(d)(4) of this regulation;
(iii) If a mixture has not been tested as a
whole to determine whether the mixture is a physical hazard, the chemical
manufacturer 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 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 hazard to employees in those
concentrations, the mixture shall be assumed to present the same
hazard.
(6) 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, and the Director. The written description shall be
incorporated into the hazard communication program under 12-(e) of these
regulations.
12-(e)
HAZARD COMMUNICATION PROGRAM
(1)
Employers shall develop, implement, and maintain at the workplace, a written
hazard communication program for their workplaces which at least describes how
the criteria specified in paragraphs 12-(f), 12-(g), and 12-(h) of these
regulations for labels and other forms of warning, material safety data sheets,
and employee information and training will be met, and which shall include the
following:
(i) A list of the hazardous
chemicals known to be present, regardless of quantity, 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 area);
and,
(ii) The methods the employer
will use to inform employees of the hazards of non-routine tasks, 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 State Building Services working
on-site at another state agency) shall ensure that they have a hazard
communication program developed and implemented which includes the following:
(i) The methods the employer will use to
provide the other employer(s) with a copy of the material safety data sheet, or
to make it available at a central location in the workplace, 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 shall make any written hazard communication program available, upon
request, to employees, their designated representatives, and the
Director.
12-(f)
LABELS AND OTHER FORMS OF WARNING.
(1) Chemical manufacturers and distributors
shall label each container of hazardous chemicals as required by 29 CFR
1910.1200. The employer need not affix new labels to comply with this
regulation 12-(f) if existing labels already convey the required
information.
(2) 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.
(3) 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.
(4) The
employer shall not remove or deface existing labels on incoming containers of
hazardous chemicals.
(5) If a
hazardous chemical is transferred from the original container to another
container, the employer shall reproduce or otherwise place on the container to
which the hazardous chemical was transferred the information required by
12-(f)(2). However, if such hazardous chemical is regulated under the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 United States Code '' 136 et
seq., or the Arkansas Pesticide Control Act, Arkansas Code '' 2-16-401 et seq.,
then such employer shall reproduce on the container to which such hazardous
chemical was transferred the chemical name or common name on the original
container.
(6) The employer shall
ensure that labels or other forms of warning are legible, in English, and
prominently displayed on the container. Employers having employees who read
only other languages shall add the information in their language to the
material presented.
12-(g)
MATERIAL SAFETY DATA
SHEETS
(1) Chemical manufacturers shall
obtain or develop a material safety data sheet for each hazardous chemical they
produce or import. Employers shall have a material safety data sheet for each
hazardous chemical which they use. Employers shall obtain or develop a material
safety data sheet for each hazardous chemical they reproduce or
generate.
(2) Each material safety
data sheet shall be in English and shall contain at least the following
information:
(i) The identity used on the
label, and, except as provided for in regulation 12-(i) 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 regulation 12-(d)(4) shall be
listed in 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 hazard 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 hazard 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
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 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 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) Chemical manufacturers
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. The chemical
manufacturer shall either provide material safety data sheets with the shipped
containers or send them to the employer prior to or at the time of the
shipment. If a material safety data sheet is not provided with the shipment
that has been labeled as a hazardous chemical, the public employer shall
request one in writing from the chemical manufacturer or distributor within
five (5) business days.
(7) 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 and their designated
representatives.
(8) 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 a central location at the primary workplace facility. In
this situation, the employer shall ensure that employees can immediately obtain
the required information in an emergency. While material safety data sheets may
be maintained at a central location in the primary workplace facility, a
representative of the employer must be available at the central location to
respond to requests for emergency information via telephone or other
means.
(9) Material safety data
sheets may be kept in any form, including operating procedures, and may be
designed to cover groups of hazardous chemicals in a work area where it may be
more appropriate to address the hazards of a process rather than individual
hazardous chemicals. However, the employer shall ensure that in all cases the
required information is provided for each hazardous chemical, and is readily
accessible during each work shift to employees when they are in their work
area(s).
(10) Material safety data
sheets shall also be made readily available, upon request, to employees, their
designated representatives and the Director.
(11)
(i) If
an MSDS for a hazardous chemical is not readily available upon request, an
employee or his designated representative may submit a written request for the
MSDS to the public employer. The employer, within three (3) business days,
either shall furnish a copy of the requested MSDS to the requester or, if the
requested MSDS is not in the employer's possession, shall demonstrate to the
requester that the employer has made an effort to obtain the MSDS from the
distributor, manufacturer, or other source.
(ii) If after two (2) weeks from receipt of
the request the public employer has not furnished the requester with the
requested MSDS, the employer shall not require the employee to work with the
hazardous chemical for which the MSDS was requested until the MSDS is
furnished, unless:
(A) The manufacturer of the
substance for which the MSDS was requested furnishes a written statement that
the substance is not a hazardous chemical as defined in Ark. Code Ann. ''
8-7-1003; or
(B) The employer can
demonstrate to the employee that the MSDS cannot be obtained through no fault
of the employer; or
(C) The
employer can demonstrate to the employee that the MSDS will be furnished by a
date specified by the employer within one (1) additional week, provided that
the employee shall not be required to work with the hazardous chemical if the
MSDS is not furnished by the date specified.
(iii) If an employee declines to work with a
hazardous chemical as authorized by this regulation, he shall not be penalized.
Reassignment of an employee to other work, at equal pay and benefits, shall not
be considered a penalty under this regulation.
12-(h)
EMPLOYEE INFORMATION AND
TRAINING.
Employers shall provide employees with information and training
on hazardous chemicals in their work area.
(1) Information. Employees shall be informed
of:
(i) The requirements of these regulations
and Ark. Code Ann. '' 8-7-1001 et seq.;
(ii) Any operations in their work area where
hazardous chemicals are present;
(iii) The location and availability of any
written hazard communication program, including list(s) of hazardous chemicals;
and,
(iv) The location and
availability of the material safety data sheets.
(2) Training. Employee training shall include
at least;
(i) Methods and observations that
may be used to detect the presence or release of a hazardous chemical in the
work area (such as monitoring conducted by the employer, continuous monitoring
devices, visual appearance or odor of hazardous chemicals when being released,
etc.);
(ii) The physical and health
hazards of the chemicals in the work area;
(iii) The measures employees can take to
protect themselves from these hazards, including specific procedures the
employer has implemented to protect employees from exposure to hazardous
chemicals, such as appropriate work practices, emergency procedures, and
personal protective equipment to be used;
(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;
(v) General safety instructions on the
handling, cleanup, and disposal of the hazardous chemicals in the workplace;
and
(vi) Training on the specific
hazardous chemicals an employee will be encountering in his/her routine
employment.
(3)
Frequency of training.
(i) Each public
employer shall provide the initial information and training to its employees
prior to July 1, 1992.
(ii) New or
newly assigned employees shall be provided training before working in a work
area containing hazardous chemicals. Additional instruction or training shall
be provided whenever a new hazard is introduced into their work area or
whenever new and significant information is received by the employer concerning
the hazards of a chemical.
(iii)
Refresher training shall be provided existing employees at least
annually.
(4) Records.
Public employers shall keep a record of the dates of training sessions given to
their employees, together with the name(s) of those employees who attended such
sessions.
(5) Exemption from
training. Public employers are not required to provide the training mandated by
regulation 12-(h)(2)-(3) to toxicologists, chemists, and industrial hygienists.
A public employer may apply to the Director for a training exemption for other
employees with specialized expertise relating to hazardous chemicals.
Application for such an exemption shall be on a form approved and provided by
the Director.
12-(i)
TRADE SECRETS.
(1) The chemical
manufacturer 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 regulation.
(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 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
of a confidentiality agreement. The chemical manufacturer or employer may
require a written statement of need and confidentiality agreement, in
accordance with the provisions of paragraphs 12-(i)(3) and (4) of this
regulation, as soon as circumstances permit.
(3) In non-emergency situations, a chemical
manufacturer or employer shall, upon request, disclose a specific chemical
identity, otherwise permitted to be withheld under paragraph 12-(i)(1) of this
regulation, 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 12-(i)(3)(ii) of this regulation:
(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 the Director as provided in paragraph 12-(i)(6)
of this regulation except as authorized by the terms of the agreement or by the
chemical manufacturer or employer.
(4) The confidentiality agreement authorized
by paragraph 12-(i)(3)(iv) of this regulation:
(i) May restrict the use of the information
to the health purposes indicated in the written statement of need;
(ii) May provide for appropriate legal
remedies in the event of a breach of the agreement, including stipulation of a
reasonable pre-estimate of likely damages; and,
(iii) May not include requirements for the
posting of a penalty bond.
(5) Nothing in this standard is meant to
preclude the parties from pursuing non-contractual remedies to the extent
permitted by law.
(6) If the health
professional, employee, or designated representative receiving the trade secret
information decides that there is a need to disclose it to the Director, the
chemical manufacturer, or employer who provided the information shall be
informed by the health professional, employee, or designated representative
prior to, or at the same time as, such disclosure.
(7) If the chemical manufacturer or employer
denies a written request for disclosure of a specific chemical identity, the
denial must;
(i) Be provided to the health
professional, employee, or designated representative, within thirty (30) days
of the request;
(ii) Be in
writing;
(iii) Include evidence to
support the claim that the specific chemical identity is a trade
secret;
(iv) State the specific
reasons why the request is being denied, and,
(v) Explain in detail how alternative
information may satisfy the specific medical or occupational health need
without revealing the specific chemical identity.
(8) The Director, upon his initiative, or
upon request by the health professional, an employee, designated
representative, or public employer, shall request any or all of the data
substantiating the trade secret claim to determine whether the claim is
valid.
(9) The Director shall
protect from disclosure all information coming into his possession that is
marked as confidential, and shall return all information so marked at the
conclusion of his determination. Any information marked confidential pursuant
to this regulation shall not be disclosed during any administrative proceeding
held pursuant to this regulation. Administrative hearings held pursuant to this
regulation shall not be open to the public, but otherwise shall be held in a
manner consistent with that provided for in the Administrative Procedures Act,
Arkansas Code '' 5-15-201 et seq., for hearings in contested cases. The
proponent of disclosure shall also have the right to be heard.
(10) No employee of the State of Arkansas
shall disclose any information designated as a trade secret other than within
the provision of Ark. Code. Ann '' 8-7-1001 et seq.
(11) Nothing in this regulation shall be
construed as requiring the disclosure under any circumstances of process or
percentages of mixture information that is trade secret.
(12) Any administrative order issued by the
Director with respect to any trade secret claim is subject to appeal as
provided in the Administrative Procedures Act, Arkansas Code '' 5-15-201 et
seq.
12-(j)
WORKPLACE CHEMICAL LISTS TO BE FILED WITH DIRECTOR.
(1) Each public employer shall compile and
maintain a workplace chemical list which shall contain the following
information for each hazardous chemical normally used, generated or stored in
the workplace in an amount equal to or greater than fifty-five (55) gallons or
five hundred (500) pounds:
(i) The chemical
name or common name used on the MSDS and/or the container label;
(ii) The Chemical Abstracts Service number
for such hazardous chemical if such number is included on the MSDS;
and
(iii) The work area or
workplace in which the hazardous chemical is normally used, generated or
stored.
(2) Each public
employer shall file the workplace chemical list with the Director no later than
October 1, 1991, as required by Ark. Code Ann. ' 8-7-1007(b). The workplace
chemical list shall be updated and filed with the Director any time a new
hazardous chemical is used, generated or stored in the workplace in an amount
equal to or greater than fifty-five (55) gallons or five hundred (500) pounds.
A new or updated workplace chemical list shall be filed with the Director no
later than July 1 of each subsequent year or the public employer shall notify
the Director in writing that there has been no change which would require an
addition or deletion to the workplace chemical list previously filed.
(3) The workplace chemical list shall be
maintained and filed on a form substantially as provided in Appendix
A.
12-(k)
ENFORCEMENT
(1) If, after
investigation, the Director determines that there has been a violation of the
provisions of Ark. Code Ann. '' 8-7-1001 et seq. or these regulations, the
Director shall issue an order to the official or party responsible for
performing the required duties directing that official or party to cease and
desist the act or omission constituting the violation. Such an order, when
final, shall constitute prima facie evidence of a violation in any enforcement
action as provided by Ark. Code Ann. ' 8-7-10149(a).
(2) The cease and desist order shall be final
unless within twenty (20) days after receipt of notice thereof by certified
mail, the person, official or party charged with the violation notifies the
Director in writing that he contests such order. In the event the order is
contested, a final determination shall be made after notice and hearing
pursuant to the Administrative Procedures Act, Ark. Code Ann. '' 25-15-201 et
seq.
(3) If the Director determines
that a public employer has violated regulation 12-(h) or Ark. Code Ann. '
8-7-1008 relating to employee information and training, and within sixty (60)
days of issuance of a cease and desist order the public employer has not
remedied the violation, the Director may conduct a program or programs to
remedy the violation and require such public employer to reimburse the Director
for the cost of doing so. The date of issuance of a cease and desist order
shall be the date such order becomes final.
(4) The issuance of a cease and desist order
by the Director shall not be a prerequisite for adverse personnel action by the
public employer against any supervisory personnel responsible for the
violation.
(5) In interpreting
these regulations, the Director may rely on Interpretive Bulletins issued by
the Occupational Safety and Health Administration, U.S. Department of Labor
involving OSHA's Hazard Communication Standard. 29 CFR '
1910.1200.
12-(l)
EFFECTIVE DATE
The effective date of these regulations shall be December 1,
1991.
APPENDIX A TO SAFETY CODE NO. 12 ARKANSAS WORKPLACE
CHEMICAL LIST
Click here
to view image
Click here
to view image
Arkansas Department of Labor Public Employee Right To Know
10421 West Markham Little Rock, Arkansas 72205
APPENDIX B TO SAFETY CODE NO. 12
DEFINITIONS (Mandatory)
Although safety hazards related to the physical characteristics
of a chemical can be objectively defined in terms of testing requirements (e.g.
flammability), health hazard definitions are less precise and more subjective.
Health hazards may cause measurable changes in the body-such as decreased
pulmonary function. These changes are generally indicated by the occurrence of
signs and symptoms in the exposed employees-such as shortness of breath, a
non-measurable, subjective feeling. Employees exposed to such hazards must be
apprised of both the change in body function and the signs and symptoms that
may occur to signal that change.
The determination of occupational health hazards is complicated
by the fact that many of the effects or signs and symptoms occur commonly in
non-occupationally exposed populations, so that effects of exposure are
difficult to separate from normally occurring illnesses. Occasionally, a
substance causes an effect that is rarely seen in the population at large, such
as angiosarcomas caused by vinyl chloride exposure, thus making it easier to
ascertain that the occupational exposure was the primary causative factor. More
often, however, the effects are common, such as lung cancer. The situation is
further complicated by the fact that most chemicals have not been adequately
tested to determine their health hazard potential, and data do not exist to
substantiate 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 considerable range of acute effects
which may occur as a result of occupational exposure, such as, for example,
narcosis.
Similarly, the term chronic effect is often used to cover only
carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously
a concern in the workplace, but again, do not adequately cover the area of
chronic effects, excluding, for example, blood dyscrasias (such as anemia),
chronic bronchitis and liver atrophy.
The goal of defining precisely, in measurable terms, every
possible health effect that may occur in the workplace as a result of chemical
exposures cannot realistically be accomplished. This does not negate the need
for employees to be informed of such effects and protected from them. Appendix
C, which is also mandatory, outlines the principles and procedures of hazardous
assessment.
For purposes of this section, any chemicals which meet any of
the following definitions, as determined by the criteria set forth in Appendix
C are health hazards:
(1) Carcinogen:
A chemical is considered to be a carcinogen 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 National
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 considered to be corrosive if, when tested on the intact
skin of albino rabbits by the method described by the U.S. Department of
Transportation in Appendix A to 49 CFR Part 173, it destroys or changes
irreversibly the structure of the tissue at the site of contact following an
exposure period of four hours. This term shall not refer to action on inanimate
surfaces.
(3) Highly toxic: A
chemical falling within any of the following categories:
(a) A chemical that has a median lethal dose
of 50 milligrams or less per kilogram of body weight when administered orally
to albino rats weighing between 200 and 300 grams each.
(b) A chemical that has a median lethal dose
of 200 milligrams or less per kilogram of body weight when administered by
continuous contact for 24 hours (or less if death occurs within 24 hours) with
the bare skin of albino rabbits weighing between two and three kilograms
each.
(c) A chemical that has a
median lethal concentration in air of 200 parts per million by volume or less
of gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, when
administered by continuous inhalation for one hour (or less if death occurs
within one hour) to albino rats weighing between 200 and 300 grams
each.
(4) Irritant: A
chemical, which is not corrosive, but which causes a reversible inflammatory
effect on living tissue by chemical action at the site of contact. A chemical
is a skin irritant if, when tested on the intact skin of albino rabbits by the
methods of 16 CFR 1500.41 for four hours exposure or by other appropriate
techniques, it results in an empirical score of five or more. A chemical is an
eye irritant, if so determined under the procedure listed in 16 CFR 1500.42 or
other appropriate techniques.
(5)
Sensitizer. A chemical that causes a substantial proportion of exposed people
or animals to develop an allergic reaction in normal tissue after repeated
exposure to the chemical.
(6)
Toxic. A chemical falling within any of the following categories:
(a) A chemical that has a median lethal dose
of more than 50 milligrams per kilogram but not more than 500 milligrams per
kilogram of body weight when administered orally to albino rats weighing
between 200 and 300 grams each.
(b)
A chemical that has a median lethal dose of more than 200 milligrams per
kilogram but not more than 1,000 milligrams per kilogram of body weight when
administered by continuous contact for 24 hours (or less if death occurs within
24 hours) with the bare skin of albino rabbits weighing between two and three
kilograms each.
(c) A chemical that
has a median lethal concentration in air of more than 200 parts per million but
not more than 2,000 parts per million by volume of gas or vapor, or more than
two milligrams per liter but not more than 20 milligrams per liter of mist,
fume, or dust, when administered by continuous inhalation for one hour (or less
if death occurs within one hour) to albino rats weighing between 200 and 300
grams each.
(7) Target
organ effects. The following is a target organ categorization of effects which
may occur, including examples 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: Chemicals
which produce liver damage Signs & Symptoms: Jaundice; liver enlargement
Chemicals: Carbon tetrachloride; nitrosamines
(b) Nephrotoxins: Chemicals which produce
kidney damage Signs & Symptoms: Edema; proteinuria Chemicals: Halogenated
hydrocarbons; uranium
(c)
Neurotoxins: Chemicals which produce their primary toxic effects on the nervous
system
Signs & Symptoms: Narcosis; behavioral changes; decrease in
motor functions Chemicals: Mercury; carbon disulfide
(d) Agents which act on the blood or
hematopoietic system: Decrease hemoglobin function; deprive the body tissues of
oxygen Signs & Symptoms: Cyanosis; loss of consciousness Chemicals: Carbon
monoxide; cyanides
(e) Agents which
damage the lung: Chemicals which irritate or damage the pulmonary tissue
Signs & Symptoms: Cough, tightness in chest, shortness of
breath Chemicals: Silica, asbestos
(f) Reproductive toxins: Chemicals which
affect the reproductive capabilities including chromosomal damage (mutations)
and effects on fetuses (teratogenesis)
Signs & Symptoms: Birth defects; sterility Chemicals: Lead;
DBCP
(g) Cutaneous hazards:
Chemicals which affect the dermal layer of the body
Signs & Symptoms: Defatting of the skin; rashes; irritation
Chemicals: Ketones; chlorinated compounds
(h) Eye hazards: Chemicals which affect the
eye or visual capacity Signs & Symptoms: Conjunctivitis; Corneal damage
Chemicals: Organic solvents; acids
APPENDIX C TO SAFETY CODE NO. 12
DETERMINATION (MANDATORY)
The quality of a hazard communication program is largely
dependent upon the adequacy and accuracy of the hazard determination. The
hazard determination requirement of this standard is performance-oriented.
Chemical manufacturers and employers evaluating chemicals are not required to
follow any specific methods for determining hazards, but they must be able to
demonstrate that they have adequately ascertained the hazards of the chemicals
produced or imported in accordance with the criteria set forth in this
Appendix.
Hazard evaluation is a process which relies heavily on the
professional judgment of the evaluator, particularly in the area of chronic
hazards. The performance-orientation of the hazard determination does not
diminish the duty of the chemical manufacturer or employer to conduct a
thorough evaluation, examining all relevant data and producing a scientifically
defensible evaluation. For purposes of this standard, the following criteria
shall be used in making hazard determinations that meet the requirements of
this standard.
(1) Carcinogenicity: As
described in paragraph 12-(d)(4) and Appendix B of these regulations, a
determination by the National Toxicology Program, the International Agency for
Research on Cancer, or OSHA that a chemical is a carcinogen or potential
carcinogen will be considered conclusive evidence for purposes of these
regulations.
(2) Human data: Where
available, epidemiological studies and case reports of adverse health effects
shall be considered in the evaluation.
(3) Animal data: Human evidence of health
effects in exposed populations is generally not available for the majority of
chemicals produced or used in the workplace. Therefore, the available results
of toxicological testing in animal populations shall be used to predict the
health effects that may be experienced by exposed workers. In particular, the
definitions of certain acute hazards refer to specific animal testing results
(See Appendix B).
(4) Adequacy and
reporting of data. The results of any studies which are designed and conducted
according to established scientific principles, and which report statistically
significant conclusions regarding the health effects of a chemical, shall be a
sufficient basis for a hazard determination and reported on any material safety
data sheet.
The chemical manufacturer or employer may also report the
results of other scientifically valid studies which tend to refute the findings
of hazard.
APPENDIX D TO SAFETY CODE NO. 12
SOURCES (ADVISORY)
The following is a list of available data sources which the
chemical manufacturer, distributor, 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 Drugs
Merck and Company, Inc., 126 E. Lincoln Avenue, Rahway, NJ
07065 IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals
to Man
Geneva: World Health Organization. International Agency for
Research on Cancer, 1972-Present. (Multivolume work). Summaries are available
in supplement volumes. 49 Sheridan Street, Albany, NY 12210
Industrial Hygiene and Toxicology, by F.A. Patty
John Wiley & Sons, Inc., New York, NY (Multivolume work)
Clinical Toxicology of Commercial 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
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
Work Environment and Biological Exposure Indices with Intended Changes
American Conference of Governmental Industrial Hygienists
(ACGIH). 6500 Glenway Avenue, Bldg, D-5, Cincinnati, OH 45211.
Information on the physical hazards of chemicals may be found
in publications of the National Fire Protection Association, Boston, MA.
NOTE - The following documents may be purchased from the
Superintendent of Documents, U.S. Government Printing Office, Washington, DC
20402.
Occupational Health Guidelines
NIOSH/OSHA (NIOSH Pub. No. 81-123)
NIOSH Pocket Guide to Chemical Hazards
NIOSH Pub. No. 85-114
Regi stry of Toxic Effects of Chemical Substances
NIOSH Pub. No. 80-192
Miscellaneous Documents published by the National Institute for
Occupational Safety and Health:
Criteria Documents.
Special Hazard Reviews.
Occupational Hazard Assessments.
Current Intelligence Bulletins.
OSHA's General Industry Standards (29 CFR Part 1910)
NTP Annual Report on Carcinogens and Summary of the Annual
Report on Carcinogens.
National Technical Information Service (NTIS), 5285 Port Royal
Road, Springfield, VA 22161; (703) 487-4650.
BIBLIOGRAPHIC DATA BASES |
Service Provider |
File Name |
Bibliographic Retrieval Services (BRS),1200 Route 7
Latham, NY 12110 |
Biosis Previews |
CA Search |
Medlars |
NTIS |
Hazardline |
American Chemical Society Journal |
Excerpta Medica |
IRCS Medical Science Journal |
Pre-Med |
Int'l Pharmaceutical Abstracts |
Paper Chem |
Lockheed-DIALOG Information Services, Inc. 3460
Hillview Avenue Palo Alto, CA 94304 |
Biosis Prev. Files |
CA Search Files |
CAB Abstracts |
Chemical Exposure |
Chemname |
Chemsis Files |
Chemzero |
Embase Files |
Environmental Bibliographies |
Enviroline |
Federal Research in Progress |
IRL Life Science Collection |
NTIS |
Occupational Safety and Health (NISOH) |
Paper Chem |
SDC-Orbit, SDC Information Service 2500 Colorado Avenue
Santa Monica, CA 90406 National Library of Medicine Department of Health and
Human Services Public Health Service National Institutes of Health Bethesda, MD
20209 |
CAS Files |
Chemdex, 2,3 |
NTIS |
Hazardous Substances Data Bank (NSDB) |
Medline Files |
Toxline Files |
Cancerlit |
RTECS |
Chemline |
Pergamon International Information Corp. |
Laboratory Hazard Bulletin |
1340 Old Chain Bridge Rd., |
McLean, VA 22101 |
Questel, Inc. |
CIS/ILO |
1625 Eye Street, NW., Suite 818 |
Cancernet |
Washington, DC 20006 |
Chemical Information System ICI (ICIS) |
Structure and Nomenclature |
Bureau of National Affairs |
Search System (SANSS) |
1133 15th Street, NW., Suite 300 |
Acute Toxicity (RTECS) |
Washington, DC 20005 |
Clinical Toxicology of Commercial Products |
Oil and Hazardous Materials Technical |
Assistance Data System |
CCRIS |
CESARS |
Occupational Health Services |
MSDS |
400 Plaza Drive |
Hazardline |
Secaucus, NJ 07094 |
APPENDIX E TO SAFETY CODE NO. 12
DEFINITION OF "TRADE SECRET" (MANDATORY)
The following is a reprint of the Restatement of Torts section
757, comment b (1939):
b. Definition of
trade secret. A trade secret may consist of any formula, pattern, device or
compilation of information which is used in one's business, and which gives him
an opportunity to obtain an advantage over competitors who do not know or use
it. It may be a formula for a chemical compound, a process of manufacturing,
treating or preserving materials, a pattern for a machine or other device, or a
list of customers. It differs from other secret information in a business (see
' 759 of the Restatement of Torts which is not included in this Appendix) in
that it is not simply information as to single or ephemeral events in the
conduct of the business, as, for example, the amount or other terms of a secret
bid for a contract or the salary of certain employees, or the security
investments made or contemplated, or the date fixed for the announcement of a
new policy or for bringing out a new model or the like. A trade secret is a
process or device for continuous use in the operations of the business.
Generally it relates to the production of goods, as, for example, a machine or
formula for the production of an article. It may, however, relate to the sale
of goods or to other operations in the business, such as a code for determining
discounts, rebates or other concessions in a price list or catalogue, or a list
of specialized customers, or a method of bookkeeping or other office
management.
Secrecy. The subject matter of a trade secret must be secret.
Matters of public knowledge or of general knowledge in an industry cannot be
appropriated by one as his secret. Matters which are completely disclosed by
the goods which one markets cannot be his secret. Substantially, a trade secret
is known only in the particular business in which it is used. It is not
requisite that only the proprietor of the business know it. He may, without
losing his protection, communicate it to employees involved in its use. He may
likewise communicate it to others pledged to secrecy. Others may also know of
it independently, as for example, when they have discovered the process or
formula by independent invention and are keeping it secret. Nevertheless, a
substantial element of secrecy must exist, so that, except by the use of
improper means, there would be difficulty in acquiring the information. An
exact definition of a trade secret is not possible. Some factors to be
considered in determining whether given information is one's trade secret are:
(1) The extent to which the
information is known outside of his business;
(2) the extent to which it is known by
employees and others involved in his business;
(3) the extent of measures taken by him to
guard the secrecy of the information;
(4) the value of the information to him and
his competitors;
(5) the amount of
effort or money expended by him in developing the information;
(6) the ease or difficulty with which the
information could be properly acquired or duplicated by others.
Novelty and prior art. A trade secret may be a device or
process which is patentable: but it need not be that. It may be a device or
process which is clearly anticipated in the prior art or one which is merely a
mechanical improvement that a good mechanic can make. Novelty and invention are
not requisite for a trade secret as they are for patentability. These
requirements are essential to patentability because a patent protects against
unlicensed use of the patented device or process even by one who discovers it
properly through independent research. The patent monopoly is a reward to the
inventor. But such is not the case with a trade secret. Its protection is not
based on a policy of rewarding or otherwise encouraging the development of
secret processes or devices. The protection is merely against breach of faith
and reprehensible means of learning another's secret. For this limited
protection it is not appropriate to require also the kind of novelty and
invention which is requisite of patentability. The nature of the secret is,
however, an important factor in determining the kind of relief that is
appropriate against one who is subject to liability under the rule stated in
this section. Thus, if the secret consists of a device or process which is a
novel invention, one who acquires the secret wrongfully is ordinarily enjoined
from further use of it and is required to account for the profits derived from
his past use. If, on the other hand, the secret consists of mechanical
improvements that a good mechanic can make without resort to the secret, the
wrongdoer's liability may be limited to damages, and an injunction against,
future use of the improvements made with the aid of the secret may be
inappropriate.