Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(b) Scope and Application.
(1) This section requires manufacturers or
importers to classify the hazards of chemicals which they produce or import,
and all employers to provide information to their employees about the hazardous
chemicals to which they may be exposed, by means of a hazard communication
program, labels and other forms of warning, safety data sheets, and information
and training. In addition, this section requires distributors to transmit the
required information to employers.
(2) This section applies to any hazardous
chemical which is known to be present in the work place in such a manner that
employees may be exposed under normal conditions of use or in a reasonably
foreseeable emergency resulting from work place operations.
(3) This section applies to laboratories that
primarily provide quality control analyses for manufacturing processes or that
produce hazardous chemicals for commercial purposes, and to all other
laboratories except those under the direct supervision and regular observation
of an individual who has knowledge of the physical hazards, health hazards, and
emergency procedures associated with the use of the particular hazardous
chemicals involved, and who conveys this knowledge to employees in terms of
safe work practices. Such excepted laboratories must also ensure that labels of
incoming containers of hazardous chemicals are not removed or defaced pursuant
to section 5194(f)(9), and
must maintain any safety data sheets that are received with incoming shipments
of hazardous chemicals and ensure that they are readily available to laboratory
employees pursuant to section
5194(g).
(4) This section does not require labeling of
the following chemicals:
(A) 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;
(B) 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 of that Act and
labeling regulations issued under that Act by the Food and Drug
Administration;
(C) 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, Firearms
and Explosives; and;
(D) Any
consumer product or hazardous substance as those terms are defined in the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and
Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.) respectively, when subject to a consumer product safety standard or
labeling requirement of those Acts, or regulations issued under those Acts by
the Consumer Product Safety Commission.
(5) This section does not apply to:
(A) 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 (42U.S.C. 6901 et
seq.), when subject to regulations issued under that Act by the Environmental
Protection Agency;
(B) Tobacco or
tobacco products;
(C) Wood or wood
products including lumber which will not be processed, where the manufacturer
or importer can establish that the only hazard they pose to employees is the
potential for flammability or combustibility (non-excluded hazardous chemicals
which are used in conjunction with wood or wood products, or are known to be
present as impurities in those materials, and wood which may be subsequently
sawed or cut, generating dust, are covered by this section);
(D) Articles (hazardous chemicals used in the
manufacture or use of an article are covered by this section unless otherwise
excluded);
(E) Foods, drugs, or
cosmetics intended for personal consumption by employees while in the
workplace;
(F) Retail food sale
establishments and all other retail trade establishments, exclusive of
processing and repair work areas;
(G) Consumer products packaged for
distribution to, and use by, the general public, provided that employee
exposure to the product is not significantly greater than the consumer exposure
occurring during the principal consumer use of the product;
(H) The use of a chemical in compliance with
regulations of the Director of the Department of Pesticide Regulation issued
pursuant to section
12981
of the Food and Agricultural Code.
(I) Work operations where employees only
handle chemicals in sealed containers which are not opened under normal
conditions of use (such as are found in marine cargo handling, warehousing, or
transportation); however, this section does apply to these operations as
follows:
1. Employers shall ensure that labels
on incoming containers of hazardous chemicals are not removed or
defaced;
2. Employers shall
maintain copies of any safety data sheets that are received with incoming
shipments of the sealed containers of hazardous chemicals, shall obtain a
safety data sheet for sealed containers of hazardous chemicals received without
a safety data sheet if an employee requests the safety data sheet, and shall
ensure that the safety data sheets are readily accessible during each work
shift to employees when they are in their work area(s); and,
3. Employers shall ensure that employees are
provided with information and training in accordance with subsection (h) except
for the location and availability of the written hazard communication program
under subsection (h)(2)(C), to the extent necessary to protect them in the
event of a spill or leak of a hazardous chemical from a sealed
container.
(6)
Proposition 65 Warnings.
(A) Notwithstanding
any other provision of law including the preceding subsections, an employer
which is a person in the course of doing business within the meaning of Health
and Safety Code Section
25249.11(a) and
(b), is subject to the Safe Drinking Water
and Toxic Enforcement Act of 1986 (Proposition 65 or the "Act") (Health and
Safety Code §
25249.5
et seq.), and shall comply with the Act in the manner set forth in subsections
(B) and (C) below. The following employers are not subject to the Act:
1. an employer employing fewer than ten
employees;
2. any city, county, or
district or any department or agency thereof or the state or any department or
agency thereof or the federal government or any department or agency
thereof;
3. any entity in its
operation of a public water system as defined in Health and Safety Code Section
4010.1.
(B) Exposures Subject to Proposition 65 and
Hazard Communication. Before exposing any employee to any hazardous substance
that otherwise falls within the scope of this section and which requires a
warning under this Act (see 22 CCR Section 12000, Chemicals Known to the State
to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D)
below, any employer subject to the Act shall comply with the requirements set
forth in subsections (d) through (k). Such compliance shall be deemed
compliance with the Act.
(C)
Exposures Subject to Proposition 65 Only. Before knowingly and intentionally
exposing any employee to any hazardous substance that does not otherwise fall
within the scope of the section, but which requires a warning under the Act
(see 22 CCR Section 12000, Chemicals Known to the State to Cause Cancer or
Reproductive Toxicity) except as provided in subsection (D) below, any employer
subject to the Act shall either provide a warning to employees in compliance
with California Code of Regulations Title 22 (22 CCR) Section 12601(c) in
effect on May 9, 1991 or shall comply with the requirements set forth in
subsections (d) through (k).
(D)
Exposures Not Subject to Proposition 65. A warning required by subsection (B)
and (C) above shall not apply to any of the following:
1. An exposure for which federal law governs
warning in a manner that preempts state authority.
2. An exposure that takes place less than
twelve months subsequent to the listing of the chemical in 22 CCR Section
12000.
3. An exposure for which the
employer responsible can show that the exposure poses no significant risk
assuming lifetime exposure at the level in question for the chemicals known to
the State to cause cancer, and that the exposure will have no observable effect
assuming exposure at one thousand (1,000) times the level in question for
chemicals known to the State to cause reproductive toxicity, based on evidence
and standards of comparable scientific validity to the evidence and standards
which form the scientific basis for the listing of such chemical in 22 CCR
Section 12000. In any enforcement action the burden of showing that an exposure
meets the criteria of this subsection shall be on the
employer.
(E) Additional
Enforcement of Proposition 65. In addition to any other applicable enforcement
provision, violations or threatened violations of the Act may be enforced in
the manner set forth in Health and Safety Code Section
25249.7
for violations and threatened violations of Health and Safety Code Section
25249.6.
Compliance with 22 CCR Section 12601(c) in effect on May 9, 1991 shall be
deemed a defense to an enforcement action under Health and Safety Code Section
25249.7.
(F) All terms and provisions of subsection
(b)(6) shall have the same meaning as the following 22 CCR Sections in effect
on May 9, 1991: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k),
12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711,
12721, 12801, 12803, 12805, 12821 and 12901. The above listed 22 CCR Sections
in effect on May 9, 1991 are printed in Appendix G to this section.
Additionally, all terms and provisions of subsection (b)(6) shall have the same
meaning as in the Act and in 22 CCR Section
12000.
(c)
Definitions.
Article.
A manufactured item:
(1) Which is formed to a specific shape or
design during manufacture;
(2) which
has end use function(s) dependent in whole or in part upon it shape or design
during end use; and
(3) which does
not release, or otherwise result in exposure to, a hazardous chemical under
normal conditions of use or in a reasonably foreseeable emergency resulting
from workplace operations.
CAS number.
The unique identification number assigned by the
Chemical Abstracts Service to specific chemical substances.
Chemical.
Any substance, or mixture of substances.
Chemical name.
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 classification.
Chief.
The Chief of the Division of Occupational Safety and
Health, P.O. Box 420603, San Francisco, CA 94142, or designee.
Classification.
Identification of relevant data regarding the hazards
of a chemical; review of those data to ascertain the hazards associated with
the chemical; and decision regarding whether the chemical will be classified as
hazardous according to the definition of hazardous chemical in this section. In
addition, classification for health and physical hazards includes the
determination of the degree of hazard, where appropriate, by comparing the data
with the criteria for health and physical hazards.
Combustible liquid.
Any liquid having a flashpoint greater than 199.4
°F (93 °C) (formerly designated Class IIIB Combustible liquids).
Common name.
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.
Container.
Any bag, barrel, bottle, box, can, cylinder, drum,
reaction vessel, storage tank, tank truck, or the like that contains a
hazardous chemical. For purposes of this section, pipes or piping systems are
not considered to be containers.
Department.
The Department of Industrial Relations, P.O. Box
420603, San Francisco, CA 94142, or designee.
Designated representative.
Any individual or organization to whom an employee
gives written authorization to exercise such employee's rights under this
section. A recognized or certified collective bargaining agent shall be treated
automatically as a designated representative without regard to written employee
authorization.
Director.
The Director of Industrial Relations, P.O. Box 420603,
San Francisco, CA 94142, or designee.
Distributor.
A business, other than a manufacturer or importer,
which supplies hazardous chemicals to other distributors or to
employers.
Division.
The Division of Occupational Safety and Health
(Cal/OSHA), California Department of Industrial Relations, or designee.
Emergency.
Any potential occurrence such as, but not limited to,
equipment failure, rupture of containers, or failure of control equipment,
which may or does result in a release of a hazardous chemical into the
workplace.
Employee.
Every person who is required or directed by any
employer, to engage in any employment, or to go to work or be at any time in
any place of employment.
Employer.
Employer means:
(A) The State and every State
agency.
(B) Each county, city,
district, and all public and quasi-public corporations and public agencies
therein.
(C) Every person including
any public service corporation, which has any natural person in
service.
(D) The legal
representative of any deceased employer.
Exposure or Exposed.
Any situation arising from work operation where an
employee may ingest, inhale, absorb through the skin or eyes, or otherwise come
into contact with a hazardous chemical.
Hazard category.
The division of criteria within each hazard class,
e.g., oral acute toxicity and flammable liquids include four hazard categories.
These categories compare hazard severity within a hazard class and should not
be taken as a comparison of hazard categories more generally.
Hazard class.
The nature of the physical or health hazards, e.g.,
flammable solid, carcinogen, oral acute toxicity.
Hazard not otherwise classified (HNOC).
An adverse physical or health effect identified through
evaluation of scientific evidence during the classification process that does
not meet the specified criteria for the physical and health hazard classes
addressed in this section. This does not extend coverage to adverse physical
and health effects for which there is a hazard class addressed in this section,
but the effect either falls below the cut-off value/concentration limit of the
hazard class or is under a GHS hazard category that has not been adopted by
OSHA (e.g., acute toxicity Category 5).
Hazard statement.
A statement assigned to a hazard class and category
that describes the nature of the hazard(s) of a chemical, including, where
appropriate, the degree of hazard.
Hazardous chemical.
Any chemical which is classified as a physical hazard
or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, a
hazard not otherwise classified, or is included in the List of Hazardous
Substances prepared by the Director pursuant to Labor Code section
6382.
Health hazard.
A chemical which is classified as posing one of the
following hazardous effects: acute toxicity (any route of exposure); skin
corrosion or irritation; serious eye damage or eye irritation; respiratory or
skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive
toxicity; specific target organ toxicity (single or repeated exposure); or
aspiration hazard. The criteria for determining whether a chemical is
classified as a health hazard are detailed in subsection (d) and Appendix A to
this section -- Health Hazard Criteria.
Immediate use.
The hazardous chemical will be under the control of and
used only by the person who transfers it from a labeled container and only
within the work shift in which it is transferred.
Importer.
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 purchasers
within the United States.
Label.
An appropriate group of written, printed or graphic
information elements concerning a hazardous chemical that is affixed to,
printed on, or attached to the immediate container of a hazardous chemical, or
to the outside packaging.
Label elements.
The specified pictogram, hazard statement, signal word
and precautionary statement for each hazard class and category.
Manufacturer.
A person who produces, synthesizes, extracts, or
otherwise makes a hazardous chemical.
Mixture.
A combination or a solution composed of two or more
substances in which they do not react.
NIOSH. The National Institute for Occupational Safety
and Health, U.S. Department of Health and Human Services.
Physical hazard.
A chemical that is classified as posing one of the
following hazardous effects: explosive; flammable (gases, aerosols, liquids, or
solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or
solid); self-heating; organic peroxide; corrosive to metal; gas under pressure;
combustible liquid; water-reactive; or in contact with water emits flammable
gas. See Appendix B to section
5194 -- Physical Hazard
Criteria.
Pictogram.
A composition that may include a symbol plus other
graphic elements, such as a border, background pattern, or color, that is
intended to convey specific information about the hazards of a chemical. Eight
pictograms are designated under this standard for application to a hazard
category.
Precautionary statement.
A phrase that describes recommended measures that
should be taken to minimize or prevent adverse effects resulting from exposure
to a hazardous chemical, or improper storage or handling.
Produce.
To manufacture, process, formulate, repackage, or
relabel.
Product identifier.
The name or number used for a hazardous chemical on a
label or in the SDS. It provides a unique means by which the user can identify
the chemical. The product identifier used shall permit cross-references to be
made among the list of hazardous chemicals required in the written hazard
communication program, the label and the SDS.
Pyrophoric gas.
A chemical in a gaseous state that will ignite
spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or
below.
Responsible party.
Someone who can provide additional information on the
hazardous chemical and appropriate emergency procedures, if necessary.
Safety data sheet (SDS).
Written or printed material concerning a hazardous
chemical that is prepared in accordance with section
5194(g).
Signal word.
A word used to indicate the relative level of severity
of hazard and alert the reader to a potential hazard on the label. The signal
words used in this section are "danger" and "warning." "Danger" is used for the
more severe hazards, while "warning" is used for the less severe.
Simple asphyxiant.
A substance or mixture that displaces oxygen in the
ambient atmosphere, and can thus cause oxygen deprivation in those who are
exposed, leading to unconsciousness and death.
Specific chemical identity.
The chemical name, Chemical Abstracts Service (CAS)
Registry Number, or any other information that reveals the precise chemical
designation of the substance.
Substance.
Chemical elements and their compounds in the natural
state or obtained by any production process, including any additive necessary
to preserve the stability of the product and any impurities deriving from the
process used, but excluding any solvent which may be separated without
affecting the stability of the substance or changing its composition.
Trade secret.
Any confidential formula, pattern, process, device,
information, or compilation of information which gives its user an opportunity
to obtain a business advantage over competitors who do not know or use it. A
trade secret shall not include chemical identity information which is readily
discoverable through qualitative analysis. Appendix E to section
5194 -Definition of Trade Secret
sets out the criteria to be used in evaluating trade secrets.
Use.
To package, handle, react, or transfer.
Work area.
A room or defined space in a workplace where hazardous
chemicals are produced or used, and where employees are present.
Workplace.
Any place, and the premises appurtenant thereto, where
employment is carried on, except a place the health and safety jurisdiction
over which is vested by law in, and actively exercised by, any state or federal
agency other than the Division.
(d) Hazard Classification.
(1) Manufacturers and importers shall
evaluate chemicals produced in their workplaces or imported by them to
determine if they are hazardous and classify the chemicals in accordance with
this section. For each chemical, the manufacturer or importer shall determine
the hazard classes, and where appropriate, the category of each class that
apply to the chemical being classified. Employers are not required to classify
chemicals unless they choose not to rely on the classification performed by the
manufacturer or importer for the chemical to satisfy this
requirement.
(2) Manufacturers,
importers, or employers classifying chemicals shall identify and consider the
full range of available scientific literature and other evidence concerning the
potential hazards. This section does not require manufacturers, importers, or
employers to conduct toxicological testing or epidemiological studies of the
chemical(s) to determine how to classify the hazards. Appendix A to section
5194 shall be consulted for
classification of health hazards and Appendix B to section
5194 shall be consulted for the
classification of physical hazards. In addition, the manufacturer, importer, or
employer classifying chemicals shall ensure that the identity and health effect
of every chemical that they determine does not meet criteria in Appendix A for
classification is noted on the safety data sheet if:
(A) There is statistically significant
evidence of a hazardous effect; and,
(B) The evidence is based on at least one
positive study conducted in accordance with established scientific
principles.
(3)
Manufacturers, importers, or employers classifying chemicals shall treat any
chemical listed on the following sources as a hazardous chemical and shall be
required to classify the listed chemical using the criteria as described in
Appendix A.
(A) The list of hazardous
substances prepared by the Director pursuant to Labor Code section
6382 and as
promulgated in title 8, California Code of Regulations, section
339.
(B) 29 CFR part 1910, subpart Z, Toxic and
Hazardous Substances, Occupational Safety and Health Administration
(OSHA).
(C) Threshold Limit Values
for Chemical Substances in the Work Environment, American Conference of
Governmental Industrial Hygienists (ACGIH) (latest edition).
(D) Chemicals specifically identified and
regulated under Title 8, Article 107, Dusts, Fumes, Mists, Vapors and Gases,
and Article 109, Hazardous Substances and Processes.
The manufacturer, importer, or employer is still
responsible for classifying and categorizing the hazards associated with the
chemicals in these source lists in accordance with the requirements of this
standard and its appendices.
EXCEPTION to subsection (d)(3): A manufacturer,
importer, or employer classifying the hazards associated with the chemicals
listed above who determines, based on thorough review of all available
evidence, that the chemical does not meet the criteria in Appendix A for
classification, is not required to classify that chemical provided that the
classifier does all of the following:
1. Documents the basis for that determination
including the studies or evidence relied upon, and maintains and makes that
documentation available to employees, employers and the Division upon request,
in accordance with this Section and Section
3204.
2. Discloses the identity of the chemical and
the listing upon which the chemical appears on the
SDS.
(4)
Manufacturers, importers, and employers classifying chemicals shall treat any
of the following sources as establishing that a chemical listed has met the
total weight of evidence criteria as described in Appendix A for classification
as a known or presumed human carcinogen, or a suspected human carcinogen for
purposes of this section:
(A) National
Toxicology Program (NTP), Annual Report on Carcinogens,
(latest edition).
(B) International
Agency for Research on Cancer (IARC) Monographs (latest
editions).
(C) Substances subject
to regulation under the Occupational Carcinogen Control Act or which are
regulated in Title 8, Article 110, Regulated Carcinogens.
(D) Substances that meet the definition of
"select carcinogen" in Title 8, Section
5191.
EXCEPTION to subsection (d)(4): A manufacturer,
importer, or employer classifying the hazards associated with the chemicals
listed above who determines, based on thorough review of all available
evidence, that the chemical does not cause cancer, need not classify that
chemical as a carcinogen, provided that the classifier does all of the
following:
1. Documents the basis for
that determination including the studies or evidence relied upon, and maintains
and makes that documentation available to employees, employers and the Division
upon request, in accordance with this Section and Section
3204.
2. Discloses the identity of the chemical,
and the listing upon which the chemical appears on the SDS. In addition, a
notation shall appear on the SDS, in accordance with Appendix D, for all
substances listed by NTP or IARC as carcinogens.
(5) Mixtures.
(A) Manufacturers, importers, or employers
evaluating chemicals shall follow the procedures described in Appendices A and
B to section
5194 to classify the hazards of the
chemicals, including determinations regarding when mixtures of the classified
chemicals are covered by this section.
(B) Manufacturers, importers or employers are
also required to list any hazardous chemical on the SDS known to be present in
a mixture, where the chemical is:
1. either
a. One percent or more of the mixture or product or b. Two percent of the
mixture or product if the hazardous chemical exists as an impurity in the
mixture; and
2. the concentration
of the chemical in the mixture is below the cut-off concentration specified in
Appendix A.
(C) When
classifying mixtures they produce or import, manufacturers and importers of
mixtures may rely on the information provided on the current SDS of the
individual ingredients except where the manufacturer or importer knows, or in
the exercise of reasonable diligence should know, that the SDS misstates or
omits information required by this section.
(D) If the manufacturer, importer, or
employer classifying a mixture has evidence to indicate that a component
present in the mixture presents a health risk below the cut-off/concentration
limits in Appendix A, this information shall be included on the SDS in
accordance with Appendix D.
(6) Manufacturers, importers, or employers
classifying chemicals shall describe in writing the procedures they use to
determine the hazards of the chemicals they evaluate. The written procedures
are to be made available, upon request, to employees, their designated
representatives, the Director, and NIOSH. The written description may be
incorporated into the written hazard communication program required under
section 5194(e).
(e) Written Hazard Communication Program.
(1) Employers shall develop, implement, and
maintain at the workplace a written hazard communication program for their
employees which at least describes how the criteria specified in sections
5194(f), (g), and
(h) for labels and other forms of warning,
safety data sheets, and employee information and training will be met, and
which also includes the following:
(A) A list
of the hazardous chemicals known to be present using a product identifier that
is referenced on the appropriate safety data sheet (the list may be compiled
for the workplace as a whole or for individual work areas); and
(B) The methods the employer will use to
inform employees of the hazards of non-routine tasks (for example, the cleaning
of reactor vessels), and the hazards associated with chemicals contained in
unlabeled pipes in their work areas.
(2) In multi-employer workplaces, the written
hazard communication program shall include the methods employers will use to
inform any employers sharing the same work area of the hazardous chemicals to
which their employees may be exposed while performing their work, and any
suggestions for appropriate protective measures, including the following:
(A) The methods the employer will use to
provide the other employer(s) with access to the 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;
(B) 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,
(C) 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 the written hazard communication program available, upon
request, to employees, their designated representatives, the Chief, and NIOSH,
in accordance with the requirements of section
3204(e).
(f) Labels and Other Forms of Warning.
(1) Labels on shipped containers. The
manufacturer, importer, or distributor shall ensure that each container of
hazardous chemicals leaving the workplace is labeled, tagged or marked. Hazards
not otherwise classified do not have to be addressed on the container. Where
the manufacturer or importer is required to label, tag or mark the following
information shall be provided:
(A) Product
identifier;
(B) Signal
word;
(C) Hazard
statement(s);
(D)
Pictogram(s);
(E) Precautionary
statement(s); and,
(F) Name,
address, and telephone number of the manufacturer, importer, or other
responsible party.
(2)
The manufacturer, importer, or distributor shall ensure that the information
provided under section
5194 (f)(1)(A) through
(E) is in accordance with Appendix C to
section 5194, for each hazard class and
associated hazard category for the hazardous chemical, prominently displayed,
and in English (other languages may also be included if appropriate).
(3) The manufacturer, importer, or
distributor shall ensure that the information provided under section
5194 (f)(1)(B) through
(D) is located together on the tag, label or
mark.
(4) Solid materials.
(A) For solid metal (such as a steel beam or
a metal casting) that is not exempted as an article due to its 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;
(B) The label may be
transmitted with the initial shipment itself, or with the safety data sheet
that is to be provided prior to or at the time of the first shipment;
and,
(C) This exception to
requiring labels on every container of hazardous chemicals is only for the
solid material itself, and does not apply to hazardous chemicals used in
conjunction with, or known to be present with, the material and to which
employees handling the items in transit may be exposed (for example, cutting
fluids, pesticides in grains or lubricants).
(5) Manufacturers, importers, or distributors
shall ensure that each container of hazardous chemicals leaving the workplace
is labeled, tagged, or marked in accordance with this section in a manner which
does not conflict with the requirements of the Hazardous Materials
Transportation Act (18
U.S.C. 1801 et seq.) and regulations issued
under that Act by the Department of Transportation.
(6) Workplace labeling. Except as provided in
sections 5194(f)(7) and
(f)(8) the employer shall ensure that each
container of hazardous chemicals in the workplace is labeled, tagged, or marked
with either:
(A) The information specified
under section
5194 (f)(1)(A) through
(E) for labels on shipped containers;
or,
(B) Product identifier and
words, pictures, symbols, or combination thereof, which provide at least
general information regarding the hazards of the chemicals, and which, in
conjunction with the other information immediately available to employees under
the hazard communication program, will provide employees with the specific
information regarding the physical and health hazards of the hazardous
chemical.
(7) The
employer may use signs, placards, process sheets, batch tickets, operating
procedures, or other such written materials in lieu of affixing labels to
individual stationary process containers, as long as the alternative method
identifies the containers to which it is applicable and conveys the information
required by section
5194(f)(6) to be
on a label. The written materials shall be readily accessible to the employees
in their work area throughout each work shift. In construction, the employer
may use such written materials in lieu of affixing labels to individual
containers as long as the alternative method identifies and accompanies the
containers to which it is applicable and conveys the information required to be
on a label.
(8) 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.
(9) The employer shall not remove or
intentionally deface existing labels on incoming containers of hazardous
chemicals, unless the container is immediately marked with the required
information.
(10) The employer
shall ensure that workplace labels or other forms of warning are legible, in
English, and prominently displayed on the container, or readily available in
the work area throughout each work shift. Employers having employees who speak
other languages may add the information in their language to the material
presented, as long as the information is presented in English as
well.
(11) Manufacturers,
importers, distributors, or employers who become newly aware of any significant
information regarding the hazards of a chemical shall revise the labels for the
chemical within six months of becoming aware of the new information. Labels on
containers of hazardous chemicals shipped after that time shall contain the new
information. If the chemical is not currently produced or imported, the
manufacturer, importer, distributor, or employer shall add the information to
the label before the chemical is shipped or introduced into the workplace
again.
(g) Safety Data
Sheets.
(1) Manufacturers and importers shall
obtain or develop a safety data sheet for each hazardous chemical they produce
or import. Employers shall have a safety data sheet for each hazardous chemical
which they use.
Note to (g)(1): Employers should also
refer to section
3204 concerning information to be
retained after a particular chemical is no longer in use.
(2) The manufacturer or importer preparing
the safety data sheet shall ensure that it is in English (although the employer
may maintain copies in other languages as well) and includes at least the
following section numbers and headings, and associated information under each
heading, in the order listed (See Appendix D to section
5194 --Safety Data Sheets, for the
specific content of each section of the safety data sheet):
(A) Section
1, Identification;
(B) Section
2, Hazard(s)
identification;
(C) Section
3, Composition/information on
ingredients;
(D) Section
4, First-aid measures;
(E) Section 5, Fire-fighting
measures;
(F) Section
6, Accidental release
measures;
(G) Section 7, Handling
and storage;
(H) Section
8, Exposure controls/personal
protection;
(I) Section 9, Physical
and chemical properties;
(J)
Section 10, Stability and
reactivity;
(K) Section
11, Toxicological
information;
(L) Section
12, Ecological
information;
(M) Section
13, Disposal
considerations;
(N) Section
14, Transport
information;
(O) Section
15, Regulatory information;
and
(P) Section
16, Other information, including
date of preparation or last revision.
(Q) A description in lay terms, if not
otherwise provided, on either a separate sheet or with the body of the
information specified in this section, of the specific potential health risks
posed by the hazardous chemical intended to alert any person reading the
information.
NOTE TO SECTION
5194 (g)(2): To be
consistent with the GHS, an SDS must also include the headings in section
5194 (g)(2)(L) through
(g)(2)(P) in
order.
(3) If no
relevant information is found for any sub-heading within a section on the
safety data sheet, the manufacturer, importer, or employer preparing the safety
data sheet shall mark it to indicate that no information was found. If the
category is not applicable to the hazardous chemical involved, the space shall
be marked to indicate that.
(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 manufacturer, importer or employer may prepare one
safety data sheet to apply to all of these similar mixtures.
(5) The manufacturer, importer or employer
preparing the safety data sheet shall ensure that the information provided
accurately reflects the scientific evidence used in making the hazard
classification. If the manufacturer, importer, or employer become 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 safety data
sheet within three months. If the chemical is not currently being produced or
imported, the manufacturer or importer shall add the information to the safety
data sheet before the chemical is introduced into the workplace
again.
(6) Manufacturers or
importers shall ensure that distributors and purchasers of hazardous chemicals
are provided an appropriate safety data sheet with their initial shipment, and
with the first shipment after a safety data sheet is updated. The manufacturer
or importer shall either provide safety data sheets with the shipped containers
or send them to the purchaser prior to or at the time of the shipment. If the
safety data sheet is not provided with the shipment, the purchaser shall obtain
one from the manufacturer, importer, or distributor as soon as possible. The
manufacturer or importer shall also provide distributors or employers with a
safety data sheet upon request.
(7)
Distributors shall ensure that safety data sheets, and updated information, are
provided to other distributors and purchasers of hazardous chemicals.
(8) The employer shall maintain copies of the
required safety data sheets for each hazardous chemical in the workplace, and
shall ensure that they are readily accessible during each work shift to
employees when they are in their work area(s). (Electronic access and other
alternatives to maintaining paper copies of the safety data sheets are
permitted as long as no barriers to immediate employee access in each workplace
are created by such options.)
(9)
Where employees must travel between workplaces during a workshift, i.e., their
work is carried out at more than one geographical location, the 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.
(10) 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).
(11) Safety data sheets shall also be made
readily available, upon request, to designated representatives, and to the
Chief, in accordance with the requirements of section
3204(e). NIOSH and
the employee's physician shall also be given access to safety data sheets in
the same manner.
(12) If the safety
data sheet, or any item of information required by section
5194(g)(2), is not
provided by the manufacturer or importer, the employer shall:
(A) Within 7 working days of noting this
missing information, either from a request or in attempting to comply with
section 5194(g)(1), make
written inquiry to the manufacturer or importer of a hazardous chemical
responsible for the safety data sheet, asking that the complete safety data
sheet be sent to the employer. If the employer has made written inquiry in the
preceding 12 months as to whether the chemical or product is subject to the
requirements of the Act or the employer has made written inquiry within the
last 6 months requesting new, revised or later information on the safety data
sheet for the hazardous chemical, the employer need not make additional written
inquiry.
(B) Notify the requester
in writing of the date that the inquiry was made, to whom it was made, and the
response, if any, received. Providing the requestor with a copy of the inquiry
sent to the manufacturer, producer or seller and a copy of the response will
satisfy this requirement.
(C)
Notify the requestor of the availability of the safety data sheet within 15
days of the receipt of the safety data sheet from the manufacturer, producer or
seller or provide a copy of the safety data sheet to the requestor within 15
days of the receipt of the safety data sheet from the manufacturer, producer or
seller.
(D) Send the Director a
copy of the written inquiry if a response has not been received within 25
working days.
(13) The
preparer of a safety data sheet shall provide the Director with a copy of the
safety data sheet. Where a trade secret claim is made, the preparer shall
submit the information specified in section
5194(i)(15).
(h) Employee Information and Training.
(1) Employers shall provide employees with
effective information and training on hazardous chemicals in their work area at
the time of their initial assignment, and whenever a new chemical hazard is
introduced into their work area. Information and training may relate to general
classes of hazardous chemicals to the extent appropriate and related to
reasonably foreseeable exposures of the job. Chemical-specific information must
always be available through labels and safety data sheets.
(2) Information and training shall consist of
at least the following topics:
(A) Employees
shall be informed of the requirements of this section.
(B) Employees shall be informed of any
operations in their work area where hazardous chemicals are present.
(C) Employees shall be informed of the
location and availability of the written hazard communication program,
including the list(s) of hazardous chemicals and safety data sheets required by
this section.
(D) Employees shall
be trained in the 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.).
(E) Employees shall be trained in the
physical, health, simple asphyxiation, combustible dust and pyrophoric gas
hazards, as well as hazards not otherwise classified, of the chemicals in the
work area, and the measures they 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.
(F) Employees shall be
trained in the details of the hazard communication program developed by the
employer, including an explanation of the labels received on shipped containers
and the workplace labeling system used by their employer and the safety data
sheet, and how employees can obtain and use the appropriate hazard
information.
(G) Employers shall
inform employees of the right:
1. To
personally receive information regarding hazardous chemicals to which they may
be exposed, according to the provisions of this section;
2. For their physician or collective
bargaining agent to receive information regarding hazardous chemicals to which
the employee may be exposed according to provisions of this section;
3. Against discharge or other discrimination
due to the employee's exercise of the rights afforded pursuant to the
provisions of the Hazardous Substances Information and Training
Act.
(3)
Whenever the employer receives a new or revised safety data sheet, such
information shall be provided to employees on a timely basis not to exceed 30
days after receipt, if the new information indicates significantly increased
risks to, or measures necessary to protect, employee health as compared to
those stated on a safety data sheet previously provided.
(i) Trade Secrets.
(1) The manufacturer, importer or employer
may withhold the specific chemical identity of a hazardous chemical, or the
exact percentage (concentration) of the substance in a mixture, from the safety
data sheet, provided that:
(A) The claim that
the information withheld is a trade secret can be supported;
(B) Information contained in the safety data
sheet concerning the properties and effects of the hazardous chemical is
disclosed;
(C) The safety data
sheet indicates that the specific chemical identity and/or percentage of
composition is being withheld as a trade secret; and,
(D) The specific chemical identity and
percentage is made available to health or safety professionals, employees, and
designated representatives in accordance with the applicable provisions of this
subsection.
(2) Where a
treating physician or nurse determines that a medical emergency exists and the
specific chemical identity and/or specific percentage of composition of a
hazardous chemical is necessary for emergency or first-aid treatment, the
manufacturer, importer, or employer shall immediately disclose the specific
chemical identity or percentage composition of a trade secret chemical to that
treating physician or nurse, regardless of the existence of a written statement
of need or a confidentiality agreement. The manufacturer, importer, or employer
may require a written statement of need and confidentiality agreement, in
accordance with the provisions of sections
5194(i)(3) and
(4), as soon as circumstances
permit.
(3) In non-emergency
situations, a manufacturer, importer, or employer shall, upon request, disclose
a specific chemical identity or percentage composition, otherwise permitted to
be withheld under section
5194(i)(1), to a
health or safety professional (i.e., physician, nurse, industrial hygienist,
safety professional, toxicologist, or epidemiologist) providing medical or
other occupational health services to exposed employee(s), and to employees and
designated representatives, if:
(A) The
request is in writing;
(B) The
request describes with reasonable detail one or more of the following
occupational health needs for the information:
1. To assess the hazards of the chemicals to
which employees will be exposed;
2.
To conduct or assess sampling of the workplace atmosphere to determine employee
exposure levels;
3. To conduct
pre-assignment or periodic medical surveillance of exposed employees;
4. To provide medical treatment to exposed
employees;
5. To select or assess
appropriate personal protective equipment for exposed employees;
6. To design or assess engineering controls
or other protective measures for exposed employees; and,
7. To conduct studies to determine the health
effects of exposure.
(C)
The request explains in detail why the disclosure of the specific chemical
identity or percentage composition is essential and that, in lieu thereof, the
disclosure of the following information would not enable the health or safety
professional, employee or designated representative to provide the occupational
health services described in section
5194(i)(3)(B):
1. The properties and effects of the
chemical;
2. Measures for
controlling workers' exposure to the chemical;
3. Methods of monitoring and analyzing worker
exposure to the chemical; and,
4.
Methods of diagnosing and treating harmful exposures to the
chemical;
(D) The request
includes a description of the procedures to be used to maintain the
confidentiality of the disclosed information; and,
(E) The health or safety
professional,employee, or designated representative and the employer or
contractor of the health or safety professional's services (i.e., downstream
employer, labor organization, or individual employee), agree in a written
confidentiality agreement that the health or safety 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
section 5194(i)(6), except
as authorized by the terms of the agreement or by the manufacturer, importer,
or employer.
(4) The
confidentiality agreement authorized by section
5194(i)(3)(D)
shall 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
or safety professional, employee, or designated representative receiving the
trade secret information decides that there is a need to disclose it to the
Director, then the manufacturer, importer, or employer who provided the
information shall be informed by the health or safety professional, employee,
or designated representative prior to, or at the same time as, such
disclosure.
(7) If the
manufacturer, importer, or employer denies a written request for disclosure of
a specific chemical identity or percentage composition, the denial must:
(A) Be provided to the health or safety
professional, employee, or designated representative within thirty days of the
request;
(B) Be in
writing;
(C) Include evidence to
support the claim that the specific chemical identity or percent of composition
is a trade secret;
(D) State the
specific reasons why the request is being denied; and,
(E) Explain in detail how alternative
information may satisfy the specific medical or occupational health need
without revealing the trade secret.
(8) The health or safety professional,
employee, or designated representative whose request for information is denied
under section
5194(i)(3) may
refer the request and the written denial of the request to the Director for
consideration.
(9) When a health or
safety professional, employee, or designated representative refers the denial
to the Director under section
5194(i)(8), or
upon the Director's own initiative when receiving information pursuant to
section 5194(g)(13) which
is claimed to be a trade secret, the Director shall consider the evidence to
determine if:
(A) The manufacturer, importer,
or employer has supported the claim that the specific chemical identity or
percentage composition is a trade secret;
(B) The health or safety
professional,employee, or designated representatives has supported the claim
that there is a medical or occupational health need for the information;
and,
(C) The health or safety
professional,employee, or designated representative has demonstrated adequate
means to protect the confidentiality.
(10) If the Director determines that the
specific chemical identity or percentage composition requested under section
5194(i)(3) is not
a bona fide trade secret, or that it is a trade secret but the
requesting health or safety professional, employee, or designated
representative has a legitimate medical or occupational health need for the
information, has executed a written confidentiality agreement, and has shown
adequate means to protect the confidentiality of the information, the
manufacturer, importer, or employer will be subject to citation by the
Director. The Director shall so notify the manufacturer, importer, or employer
by certified mail.
(11) The
manufacturer, importer, or employer shall have 15 days after receipt of
notification under section
5194(i)(10) to
provide the Director with a complete justification and statement of the grounds
on which the trade secret privilege is claimed. This justification and
statement shall be submitted by certified mail.
(12) The Director shall determine whether
such information is protected as a trade secret within 15 days after receipt of
the justification and statement required by section
5194(i)(11), or if
no justification and statement is filed, within 30 days of the original notice,
and shall notify the employer or manufacturer and any party who has requested
the information pursuant to the California Public Records Act of that
determination by certified mail. If the Director determines that the
information is not protected as a trade secret, the final notice shall also
specify a date, not sooner than 15 days after the date of mailing of the final
notice, when the information shall be available to the public.
(13) Prior to the date specified in the final
notice provided pursuant to section
5194(i)(12), a
manufacturer, importer, or employer may institute an action in an appropriate
superior court for a declaratory judgment as to whether such information is
subject to protection from disclosure.
(14) If a manufacturer, importer, or employer
demonstrates to the Director that the execution of a confidentiality agreement
as provided for by section
5194(i)(10) would
not provide sufficient protection against the potential harm from the
unauthorized disclosure of a trade secret specific chemical identity, the
Director may issue such orders to impose such additional limitations or
conditions upon the disclosure of the requested information as may be
appropriate to assure that the occupational health services are provided
without an undue risk of harm to the manufacturer, importer, or
employer.
(15) Notwithstanding the
existence of a trade secret claim, a manufacturer, importer, or employer shall
disclose to the Director the specific chemical identity or percentage
composition of any hazardous chemical in a product for which trade secrecy is
claimed. Where there is a trade secret claim, such claim shall be made no later
than at the time the information is provided to the Director so that suitable
determinations of trade secret status can be made and the necessary protections
can be implemented.
(16) Nothing in
section 5194(i) shall be
construed as requiring the disclosure under any circumstances of process or
percentage of mixture information which is a trade secret.
(j) Effective dates.
(1) Employers shall train employees regarding
the new label elements and safety data sheets format by December 1,
2013.
(2) Manufacturers, importers,
distributors, and employers shall be in compliance with all modified provisions
of this section no later than June 1, 2015, except:
(A) After December 1, 2015, the distributor
shall not ship containers labeled by the manufacturer or importer unless the
label has been modified to comply with section
5194(f)(1).
(B) All employers shall, as necessary, update
any alternative workplace labeling used under section
5194 (f)(6),
update the hazard communication program required by section
5194(h)(1), and
provide any additional employee training in accordance with section
5194(h)(3) for
newly identified physical or health hazards no later than June 1,
2016.
(3) Manufacturers,
importers, distributors, and employers may comply with either section
5194 revised as of July 6, 2004, or
the current version of this standard, or both during the transition
period.
(k) Appendices.
(1) Appendices A to E of this section are
incorporated as part of this section and the provisions are
mandatory.
(2) Appendix F contains
information which is not intended to create any additional obligations not
otherwise imposed or to detract from any existing obligation.
(3) Appendix G contains the following 22 CCR
Sections: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502,
12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721,
12801, 12803, 12805, 12821, and 12901 in effect on May 9, 1991 that are
referred to in subsection (b)(6).
1. New
section filed 12-9-81; designated effective 180 days following adoption of a
list of hazardous substances pursuant to the Act by the Director, Department of
Industrial Relations (Register 81, No. 50).
2. Repealer and new
section (including appendices A-C) filed 11-22-85; designated effective
11-25-85 pursuant to Government Code section
11346.2(d)
(Register 85, No. 47).
3. Order of Repeal of subsection (a) pursuant
to Government Code section
11342(b),
amendment, and new appendix D filed 5-26-87; operative 6-25-87 (Register 87,
No. 23).
4. Change without regulatory effect removing chapter
heading filed 3-6-91; operative 4-4-91 (Register 91, No. 15).
5.
Change without regulatory effect repealing Article 110 heading "Special
Hazardous Substances and Processes" filed 3-6-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 15).
6. New subsections (b)(6)(A)-(E)
and (k)(3) filed 5-31-91 as an emergency; operative 5-31-91 (Register 91, No.
33). A Certificate of Compliance must be transmitted to OAL by 9-30-91 or
emergency language will be repealed by operation of law on the following
day.
7. Amendment of section filed 9-30-91 as an emergency;
operative 9-30-91 (Register 92, No. 2). A Certificate of Compliance must be
transmitted to OAL 1-28-92 or emergency language will be repealed by operation
of law on the following day.
8. Repealed by operation of Government
Code section
11346.1(g)
(Register 92, No. 12).
9. New subsections (b)(6)(A)-(F) and (k)(3)
refiled 12-17-91; operative 12-17-91. Certificate of Compliance included
(Register 92, No. 12).
10. Change without regulatory effect amending
definitions of Chief, Department, and Director in subsection (c) filed 3-4-92
pursuant to section
100, title 1, California Code of
Regulations (Register 92, No. 19).
11. New subsections
(b)(5)(I)-(b)(5)(I)3. and (e)(2)(A)-(C), new subsection (g)(2)(a)3.b. and
subsection relettering, new subsection (g)(9) and subsection renumbering, and
amendment of subsections (b)(4)(B), (b)(5)(H), (d)(3)(A), (d)(3)(C),
(d)(4)-(d)(4)(B), (d)(5)(D), (e)(1), (e)(2), (f), (f)(1), (g)(1), (g)(2)(G),
(g)(8), (h)(2)(C), (i)(9), (i)(16) and newly designated subsections (g)(10) and
(g)(12)(D) filed 4-26-93; operative 5-26-93 (Register 93, No.
18).
12. Editorial correction of HISTORY 9 (Register 94, No.
13).
13. Change without regulatory effect amending subsection
(g)(12)(A) filed 12-14-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 50).
14. Repealer of note to
subsection (f) filed 9-4-97; operative 10-4-97 (Register 97, No.
36).
15. Change without regulatory effect changing subsection (k)
designator to subsection (j) designator filed 3-15-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 12).
16. Amendment of subsections
(b)(5)(C), (d)(3)(C) and (d)(4)(A)-(B), new subsection (f)(10) and amendment of
subsections (g)(2), (g)(2)(G), (g)(6), (g)(8) and (h)(1) filed 7-6-2004;
operative 7-6-2004. Submitted to OAL for printing only pursuant to Labor Code
section
142.3(a)(3)
(Register 2004, No. 28).
17. Amendment filed 5-6-2013; operative
5-6-2013 pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 19).
18. Change without regulatory effect
amending subsection (g)(2)(Q) filed 9-17-2013 pursuant to section
100, title 1, California Code of
Regulations (Register 2013, No. 38).
19. Amendment refiled
11-6-2013; operative 11-6-2013 pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 45).
20. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
21. Amendment of definition of "Combustible Liquid," and
repealer of definitions of "Flammable" and "Flashpoint" within subsection (c)
filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
22. Amendment filed 5-5-2014; operative
5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
23. Editorial correction of subsection
(g)(2)(Q) -- NOTE (Register 2015, No. 37).
24. Change without
regulatory effect amending definition of "Safety Data Sheet (SDS)" within
subsection (c) filed 1-6-2016 pursuant to section
100, title 1, California Code of
Regulations (Register 2016, No. 2).
Note: Authority cited: Sections
50.7,
142.3 and
6398, Labor
Code. Reference: Sections
50.7,
142.3 and
6361-
6399.7, Labor
Code; Sections
25249.6,
25249.7,
25249.8,
25249.10,
25249.11,
25249.12
and
25249.13,
Health and Safety Code; California Lab. Federation v. Occupational Safety and
Health Stds. Bd. (1990) 221 Cal.App.3d 1547 [271 Cal. Rptr. 310]; and United
Steelworkers of America v. Auchter (3d Cir. 1985) 763 F.2d
728.
