Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-09 - Hazardous Chemical Right To Know
Section 0800-01-09-.10 - FIREFIGHTER PROTECTION

Universal Citation: TN Comp Rules and Regs 0800-01-09-.10

Current through September 24, 2024

(1) The provisions of this rule apply to all employers who normally store hazardous chemicals in excess of the quantities set forth below except as provided in paragraphs (11) or (12).

(a) For those hazardous chemicals in a liquid state at standard atmospheric temperature and pressure (70°F at 14.7 psi or 21.11°C at 1.0335 kg/sq cm) - 55 gallons or 208.198 liters.

(b) For those hazardous chemicals in a solid state at standard atmospheric temperature and pressure (70°F at 14.7 psi or 21.11°C at 1.0335 kg/sq cm) - 500 pounds or 226.796 kilograms.

(c) For those hazardous chemicals in a gaseous state at standard atmospheric temperature and pressure (70°F at 14.7 psi or 21.11°C at 1.0335 kg/sq cm):
1. Would be in excess of the Short Term Exposure Limit (STEL) set forth in the American Conference of Governmental Industrial Hygienists (ACGIH) table of Threshold Limit Values (TLV) and Biological Exposure Indices (BEI) or the ceiling value set forth in Rule 0800-1-1-.07(2)(b) if allowed to occupy a volume of 35.31 cubic feet or one (1) cubic meter, or

2. Would be in excess of the TLV set forth in the ACGIH table of TLVs and BEIs or the 8-hour time weighted average (8-hr TWA) permissible exposure limit (PEL) set forth in Rule 0800-1-1-.07(2)(b) if allowed to occupy a volume of 35.31 cubic feet or one (1) cubic meter, or

3. Which is flammable gas, or

4. If such gas does not meet the definition of hazardous chemical as set forth 29 CFR 1910.1200 and is normally stored as a compressed gas in four (4) cylinders of 239 pounds nominal water capacity.

(2) Employers shall provide the fire chief having jurisdiction over the workplace, in writing, the name(s) and telephone number(s) of knowledgeable representative(s) who can be contacted for further information or in an emergency.

(3) Employers shall provide the fire chief having jurisdiction over the workplace with a copy of the WCL and shall thereafter notify the fire chief, in writing, of any significant changes that occur in the WCL.

(4) Employers shall, upon written request of the fire chief having jurisdiction over the workplace, provide a copy of the MSDS for any chemical on their WCL.

(5) Employers whose workplace occupies an entire building or structure shall place one (1) sign on the outside of any building which contains a hazardous chemical listed in subparagraphs (a) through (e) of this paragraph.

(a) Class A or B explosives (Note: Where buildings contain magazines for Class A or B explosives, the sign required by this rule shall be so located that a bullet passing through the face of the sign will not strike the magazine.);

(b) Poison gas (poison A);

(c) Water-reactive flammable solid;

(d) Radioactive material as listed in the table in 49 CFR 172 and further defined in 49 CFR 173; or

(e) Any other hazardous chemical in excess of the quantities listed in subparagraphs (a), (b), and (c) of paragraph (1), and parts 1., 2., and 3. of subparagraph (c) of paragraph (1).

(6) Owners and/or leasing agents of buildings or structures occupied by tenants required to comply with paragraph (5) of this rule except for the fact they do not occupy the entire building or structure shall be responsible for placing one (1) sign on the outside of any building whose occupants would have to place such sign were they the sole occupant.

(7) Where an establishment consists of more than one (1) building or structure at the same physical location, one (1) sign is required for each building or structure.

(8) Signs required by paragraphs (5), (6), and (7) of this rule shall:

(a) Be comprised of four (4) squares, each measuring seven and one-half (7 1/2) inches per side and arranged to form a square with fifteen (15) inch sides with diagonals horizontal and vertical;

(b) the top square shall have a signal red background to identify a "flammability" hazard and a black or white numeral six (6) inches (15.24 cm) high, four and two-tenths (4.2) inches (10.67 cm) wide, and fifteen-sixteenths (15/16) of an inch (2.38 cm) thick centered in the square to indicate the degree of hazard as follows:
1. The numeral "4" shall be used to indicate material which will rapidly or completely vaporize at atmospheric pressure and normal ambient temperature or which are readily dispersed in air, and which will burn readily. This degree includes:
(i) Gases;

(ii) Cryogenic materials;

(iii) Any liquid or gaseous material which is a liquid while under pressure and having a flashpoint below 73°F (22.8°C) and having a boiling point below 100°F (37.8°;C). [Class IA flammable liquids pursuant to 29 CFR 1910.106(a)(19)(i) and NFPA 30.];

(iv) Materials on account of their physical form or environmental condition can form explosive mixtures with air and which are readily dispersed in air, such as dusts of combustible solids and mists of flammable or combustible liquid droplets.

2. The numeral "3" shall be used to indicate liquids or solids that can be ignited under almost all ambient temperature conditions. Materials in this degree produce hazardous atmospheres with air under almost all ambient temperatures or, though unaffected by ambient temperatures, are readily ignited under almost all conditions. This degree includes:
(i) Liquids having a flashpoint below 73°F (22.8°C) and having a boiling point at or above 100°F (37.8°C) and those liquids having a flashpoint at or above 73°F (22.8°C) and below 100°F (37.8°C). [Class 1B and Class 1C flammable liquids pursuant to 29 CFR 1910.106(a)(19)(ii) and (iii) and NFPA 30.];

(ii) Solid materials in the form of coarse dusts which may burn rapidly but which generally do not form explosive atmospheres with air;

(iii) Solid materials in a fibrous or shredded form which may burn rapidly and create flash fire hazards, such as cotton, sisal and hemp;

(iv) Materials which burn with extreme rapidity, usually by reason of self-contained oxygen (e.g., dry nitrocellulose and many organic peroxides);

(v) Materials which ignite spontaneously when exposed to air.

3. The numeral "2" shall be used to indicate materials that must be moderately heated or exposed to a relatively high ambient temperature before ignition can occur. Materials in this degree would not under normal conditions form hazardous atmospheres with air, but under high ambient temperatures or under moderate heating may release vapor in sufficient quantities to produce hazardous atmospheres with air. This degree includes:
(i) Liquids having a flashpoint above 100° F (37.8° C), but not exceeding 200° F (93.33° C). [(Class II and Class IIIA combustible liquids pursuant to 29 CFR 1910.106(a)(18)(i), (ii), and (ii)(a) and NFPA 30.];

(ii) Solids and semisolids which readily give off flammable vapors.

4. The numeral "1" shall be used to indicate materials that must be preheated before ignition can occur. Materials in this degree require considerable preheating, under all ambient temperature conditions, before ignition and combustion can occur. This degree includes:
(i) Materials which will burn in air when exposed to a temperature of 1500° F (815.56° C) for a period of five (5) minutes or less;

(ii) Liquids, solids, and semisolids having a flashpoint above 200° F (93.33° C);

(iii) Most ordinary combustible materials.

5. The numeral "0" shall be used to indicate materials that will not burn. This degree includes any material which will not burn in air when exposed to a temperature of 1500° F (815.56° C) for a period of five (5) minutes.

(c) The left square shall have a signal blue background to identify a "health hazard" and a black or white numeral six (6) inches (15.24 cm) high, four and two-tenths (4.2) inches (10.67 cm) wide, and fifteen-sixteenths (15/16) of an inch (2.38 cm) thick centered in the square to indicate the degree of hazard as follows:
1. The numeral "4" shall be used to indicate materials which on very short exposure could cause death or major residual injury even though prompt medical treatment were given, including those which are too dangerous to be approached without specialized protective equipment. This degree includes:
(i) Materials which can penetrate ordinary rubber protective clothing used by firefighters;

(ii) Materials under normal conditions or under fire conditions give off gases which are extremely hazardous (i.e., toxic or corrosive) through inhalation or through contact with or absorption through the skin.

2. The numeral "3" shall be used to indicate materials which on short exposure could cause serious temporary or residual injury even though prompt medical treatment were given, including those requiring protection from all bodily contact. This degree includes:
(i) Materials giving off highly toxic combustion products;

(ii) Materials corrosive to living tissue or toxic by skin absorption.

3. The numeral "2" shall be used to indicate materials which on intense or continued exposure could cause temporary incapacitation or possible residual injury unless prompt medical treatment is given, including those requiring use of respiratory protective equipment with independent air supply. This degree includes:
(i) Materials giving off toxic combustion products;

(ii) Materials giving off highly irritating combustion products;

(iii) Materials which either under normal conditions or under fire conditions give off toxic vapors lacking warning properties.

4. The numeral "1" shall be used to indicate materials which on exposure would cause irritation but only minor residual injury even if no treatment is given, including those which require use of an approved canister type respirator. This degree includes:
(i) Materials which under fire conditions would give off irritating combustion products;

(ii) Materials which on the skin could cause irritation without destruction of tissue.

5. The numeral "0" shall be used to indicate materials which on exposure under fire conditions would offer no hazard beyond that of ordinary combustible material.

(d) The right square shall have a signal yellow background to identify a "reactivity (instability) hazard" and a black numeral six (6) inches (15.24 cm) high, four and two-tenths (4.2) inches (10.67 cm) wide, and fifteen-sixteenths (15/16) of an inch (2.38 cm) thick centered in the square to indicate the degree of hazard as follows:
1. The numeral "4" shall be used to indicate materials which in themselves are readily capable of detonation or of explosive decomposition or explosive reaction at normal temperatures and pressures. This degree includes materials which are sensitive to mechanical or localized thermal shock at normal temperatures and pressures.

2. The numeral "3" shall be used to indicate materials which in themselves are capable of detonation or of explosive decomposition or explosive reaction but which require a strong initiating source or which must be heated under confinement before initiation. This degree includes:
(i) Materials which are sensitive to thermal or mechanical shock at elevated temperatures and pressures;

(ii) Materials which react explosively with water without requiring heat or confinement.

3. The numeral "2" shall be used to indicate materials which in themselves are normally unstable and readily undergo violent chemical change but do not detonate. This degree includes:
(i) Materials which can undergo chemical change with rapid release of energy at normal temperatures and pressures;

(ii) Materials which can undergo violent chemical change at elevated temperatures and pressures;

(iii) Materials which may react violently with water or which may form potentially explosive mixtures with water.

4. The numeral "1" shall be used to identify materials which in themselves are normally stable, but which can become unstable at elevated temperatures and pressures or which may react with water with some release of energy but not violently.

5. The numeral "0" shall be used to identify materials which in themselves are normally stable, even under fire exposure conditions, and which are not reactive to water.

(e) The bottom square shall have a white background to identify unusual hazards (e.g., water reactivity, radioactivity) or additional information for firefighter protection (e.g., proper fire extinguishing agent or protective equipment required). Some common symbols used and their specifications are:
1. Water reactive material is indicated by the letter "W" with a line through the center (W). It shall be black, six (6) inches (15.24 cm) high, four and two-tenths (4.2) inches (10.67 cm) wide, and fifteen-sixteenths (15/16) of an inch (2.38 cm) thick and shall be centered in the square.

2. Radioactivity is indicated by the conventional three-bladed symbol and shall be magenta or purple in color (see 29 CFR 1910.1096.(e)(1)(i)). The symbol shall be six (6) inches (15.24 cm) in diameter and centered in the square.

3. Oxidizers are indicated by the letters "OXY." The letters shall be black, four (4) inches (10.16 cm) high, two and eight-tenths (2.8) inches (7.11 cm) wide, and five-eights (5/8) of an inch (1.6 cm) thick, extend equidistant above and below the horizontal diagonal, and have the center of the letter "X" coincide with the center of the square.

4. When both the water reactive symbol and another symbol such as the oxidizer are required (e.g., for potassium peroxide, K2O2, or sodium peroxide, Na2O2), the "W" shall be centered on the vertical diagonal with its base one-half (1/2) inch (1.3 cm) above the horizontal diagonal and the letters "OXY" centered on the vertical diagonal with their tops one-half (1/2) inch (1.3 cm) below the horizontal diagonal and they shall be three (3) inches (7.62 cm) high, two and one-tenth (2.1) inches (5.33 cm) wide, and fifteen-thirty seconds (15/32) of an inch (1.19 cm) thick.

5. Other hazard warnings and instructions shall be composed of black letters and/or numbers not less than three (3) inches (7.62 cm) high, two and one-tenth (2.1) inches (5.33 cm) wide, and fifteen-thirty seconds (15/32) of an inch (1.19 cm) thick.

(9) The sign or signs required by paragraphs (5), (7), and (8) of this rule shall indicate only the highest hazard in each category (flammability, health and reactivity) by the hazardous chemicals used or stored within the building. Special warnings and instructions included on the sign shall also be based upon the hazardous chemical which poses the highest hazard requiring them. If there is a question as to what is required, the Commissioner after consultation with the fire chief having jurisdiction, shall make the determination as to the symbol, numeral, or instruction to be displayed on the sign.

(10) Employers shall, upon request of the fire chief having jurisdiction, permit on-site inspections by firefighting personnel of the hazardous chemicals on the WCL for the purpose of preplanning emergency fire department activities. Such inspections shall be conducted during normal business hours. See also T.C.A. § 68-102-130.

(11) If an employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance, he/she may request an exemption from any or all provisions of this rule provided:

(a) The firefighting team is in compliance with all provisions of 29 CFR 1910.156 Fire brigades. Compliance shall be ascertained through a special purpose inspection conducted by an agent of the Division of Occupational Safety and Health following receipt of the employer's request for exemption. Advance notice of such inspection may be given no more than twenty-four (24) hours in advance of the scheduled arrival time at the employer's establishment in accordance with Rule 0800-1-4-.07(1)(d), and the employer shall give notice to employees and/or their authorized representative pursuant to the provisions of Rule 0800-1-4-.07(2).

(b) The fire or emergency preparedness team is determined capable of handling workplace chemical emergencies. Whenever practicable, the Tennessee Emergency Management Agency (TEMA) shall be consulted prior to making such determination.

(c) The request for exemption is made in writing to the Administrator and contains the name and address of the fire chief having jurisdiction.

(d) Prior to granting a request for exemption from the provisions of this rule, the Administrator shall consult with TEMA and the fire chief having jurisdiction to ascertain that the conditions for granting an exemption are met.

(e) Exemptions granted by the Commissioner may be partial or complete and may contain additional requirements as deemed necessary to afford protection to firefighters.

(12) Employers who maintain twenty-four (24) hour security personnel who maintain accurate records as to location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities may request an exemption from the provisions of paragraphs (2), (3), (4), (5), (7), (8), (9), or (10) of this rule provided:

(a) The request for exemption is made in writing to the Administrator and contains the name and address of the fire chief having jurisdiction.

(b) Prior to granting a request for exemption under this paragraph, the Administrator shall obtain the concurrence of the fire chief having jurisdiction.

Authority: T.C.A. §§ 50-3-2007(a) and 50-3-2014.

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