(1) Purpose. The
purpose of this chapter and the rules thereof is to ensure that the hazards of
chemicals stored or used in the State of Tennessee are evaluated, and that
information concerning their hazards is transmitted to employers, employees,
firefighting personnel and the general public through the Department of Labor
and Workforce Development. The transmittal of information is to be accomplished
by means of:
(a) Comprehensive hazard
communication programs for employees, which are to include container labeling
and other forms of warning, safety data sheets (SDS) and employee
training.
(b) Providing
firefighters with a list of knowledgeable personnel to be contacted in
emergencies, workplace chemical list(s) (WCL), access to establishments for
inspection for the sole purpose of preplanning emergency fire department
activities upon request, MSDS upon request and placarding buildings;
and
(c) Providing the general
public with WCL and other information upon request.
(2) Scope. This chapter and the rules thereof
shall apply to all employers in the State of Tennessee who store or use a
hazardous chemical except these provisions shall not apply to:
(a) Products intended for personal
consumption by employees in the workplace;
(b) A workplace where a hazardous chemical is
received in a sealed package and is subsequently sold or transferred in that
package if the seal remains intact while the chemical is in the workplace and
if the chemical does not remain in the workplace more than fourteen (14)
calendar days except that the provisions of Rule 0800-1-9-.07 and Rule
0800-1-9-. 10 shall apply except as stated therein;
(c) Any food, food additive, color additive,
drug or cosmetic as such terms are defined in the federal Food, Drug, and
Cosmetic Act ( 21 U.S.C. 301 et seq.) or distilled spirits, wines or malt
beverages as such terms are defined in the federal Alcohol Administration Act (
27 U.S.C. 201 et seq.);
(d) A
laboratory under the direct supervision or guidelines of a technically
qualified individual; provided, that:
1.
Labels on containers of incoming chemicals shall not be removed or
defaced;
2. SDS received shall be
maintained and made accessible to employees and students;
3. The provisions of Rules 0800-1-9-.07 and
0800-1-9-. 10 are met; and
4. The
laboratory is not used primarily to produce hazardous chemicals in bulk for
commercial purposes.
(e)
The workplace of an agricultural employer or employer group if the Commissioner
of Agriculture certifies to the Commissioner of Labor and Workforce Development
that the chemicals are covered by other federal or state laws or
regulations.
