Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 217.690
authorizes the Cabinet for Human Resources to adopt administrative regulations
to regulate the control of hazardous substances in Kentucky. The purpose of
this administrative regulation is to provide definitions that are applicable to
all other Cabinet for Human Resources administrative regulations relating to
hazardous substances, and to designate as hazardous substances any substance or
mixture of substances which is a "strong sensitizer."
Section 1. Definitions. In addition to the
definitions set forth in
KRS
217.660, the following terms are defined as
follows:
(1) "Combustible" means a substance
which has a flash point of 100 to 150 degrees Fahrenheit.
(2) "Extremely flammable" means a substance
which has a flash point of twenty (20) degrees Fahrenheit or less.
(3) "Extremely flammable contents of
self-pressurized container" means contents of a self-pressurized container that
a flashback (a flame extending back to the dispenser) is obtained at any degree
of valve opening and the flash point is less than twenty (20) degrees
Fahrenheit.
(4) "Extremely
flammable solid" means a solid substance that ignites and burns at an ambient
temperature of eighty (80) degrees Fahrenheit or less if subjected to friction,
percussion, or electrical spark.
(5) "Federal Act" means PL 86-613 74 Stat.
372; 15 USC, Sec. 1261, et
seq., including the amendments thereto.
(6) "Flammable contents of self-pressurized
container" means contents of a self-pressurized container that a flame
projection exceeding eighteen (18) inches is obtained at full valve opening or
a flashback (a flame extending back to the dispenser) is obtained at a degree
of valve opening.
(7) "Flammable
solid" means a solid substance that ignites and burns with a self-sustained
flame at a rate greater than one-tenth (1/10) inch per second along its major
axis.
(8) "Flammable" applies to
substances having a flashpoint above twenty (20) degrees Fahrenheit and below
100 degrees Fahrenheit.
(9)
"Principal display panel" means the portion of the immediate container, and an
outer container or wrapping, which bears the labeling designed to be most
prominently displayed, shown, presented, or examined under conditions of retail
sale.
(10) "General home and
household use" means a hazardous substance, whether or not packaged, that under
a customary or reasonably foreseeable condition of purchase, storage, or use,
may be brought into or around a house, apartment, or other place where people
dwell, or in or around a related building or shed including a garage, carport,
barn, or storage shed. The term includes articles, such as polishes or
cleaners, designed primarily for professional use but which are available in
retail stores, such as hobby shops, for nonprofessional use. Also included are
items such as antifreeze and radiator cleaners that, although principally for
car use, may be stored in or around dwelling places. The term does not include
industrial supplies that might be taken into the home by a serviceman. An
article labeled as, and marketed solely for, industrial use does not become
subject to these administrative regulations because of the possibility that an
industrial worker may take a supply for his own use. Size of unit or container
is not the only index of whether the article is suitable for use in or around
the household. The test is whether, under a reasonably foreseeable condition of
purchase, storage, or use, the article may be found in or around a
dwelling.
(11) "Highly toxic" means
a substance which falls within any the following categories:
(a) Produces death within fourteen (14) days
in half or more than half of a group of ten (10) or more laboratory white rats
each weighing between 200 and 300 grams, at a single dose of fifty (50)
milligrams or less per kilogram of body weight, if orally
administered;
(b) Produces death
within fourteen (14) days in half or more than half of a group of ten (10) or
more laboratory white rats each weighing between 200 and 300 grams, if inhaled
continuously for a period of one (1) hour or less at an atmospheric
concentration of 200 parts per million per liter by volume or less of gas or
vapor or two (2) milligrams per liter by volume or less of mist or dust,
provided the concentration is likely to be encountered by man if the substance
is used in a reasonably foreseeable manner; or
(c) Produces death within fourteen (14) days
in half or more than half of a group of ten (10) or more rabbits tested in a
dosage of 200 milligrams or less per kilogram of body weight, if administered
by continuous contact with bare skin for twenty-four (24) hours or
less.
Section
2. Strong Sensitizer.
KRS
217.660(4)(d) directs the
Secretary for Human Resources to designate as hazardous substances any
substance or mixture of substances which is a "strong sen-sitizer." On the
basis of frequency of occurrence and severity of reaction information, the
cabinet finds that the following substances have a significant potential for
causing hypersensitivity and, therefore, meet the definition for "strong
sensitizer" in
KRS
217.660(4)(d):
(1) Paraphenylenediamine and products
containing it;
(2) Powdered orris
root and products containing it;
(3) Epoxy resins systems containing in any
concentration ethylenediamine, diethylenetriamine, and diglycidyl ethers of
molecular weight of less than 200;
(4) Formaldehyde and products containing one
(1) percent or more formaldehyde; and
(5) Oil of bergamot and products containing
two (2) percent or more of oil of bergamot.
STATUTORY AUTHORITY:
KRS 194.050,
211.180,
211.090,
217.690
