296-307-550 Employer chemical hazard
communication-Introduction.
296-307-55005 Develop, implement, maintain, and make available
a written Chemical Hazard Communication Program.
296-307-55010 Identify and list all the hazardous chemicals
present in your workplace.
296-307-55015 Obtain and maintain material safety data sheets
(MSDSs) for each hazardous chemical used.
296-307-55020 Make sure material data safety sheets are readily
accessible to your employees.
296-307-55025 Label containers holding hazardous chemicals.
296-307-55030 Inform and train your employees about hazardous
chemicals in your workplace.
296-307-55035 Follow these rules for laboratories using hazardous
chemicals.
296-307-55040 Follow these rules for handling chemicals in
factory-sealed containers.
296-307-55045 Translate certain chemical hazard communication
documents upon request.
296-307-55050 Attempt to obtain a material safety data sheet
(MSDS) upon request.
296-307-55055 Items or chemicals exempt from the rule, and
exemptions from labeling.
296-307-55060 Definitions.
Employer chemical hazard communication-Introduction.
Important:
Thousands of chemicals can be found
in today's workplaces. These chemicals may have the capacity to
cause health problems, from minor skin irritations to serious
injuries or diseases like cancer.
The employer chemical hazard communication
rule was developed to make sure employers and employees are informed
about chemical hazards in the workplace.
This rule applies to:
Employers engaged in businesses where chemicals
are used, distributed, or produced for use or distribution.
Contractors or subcontractors that work for
employers engaged in businesses where chemicals are used, distributed,
or produced for use or distribution.
Note:
If you produce, import, distribute and/or repackage chemicals,
or choose not to rely on labels or material safety data sheets
provided by the manufacturer or importer, you must comply with
Material safety data sheets and label preparation, WAC
296-307-560 through 296-307-56050.
You may withhold trade secret information under certain circumstances,
see Trade secrets, WAC
296-62-053, to find out what information may be withheld as
a trade secret and what information must be released.
EXEMPTIONS:
For the purposes of this employer hazard communication rule,
if you are engaged in agricultural production of crops or livestock,
“employee” does not mean:
Immediate family members of the officers of any corporation,
partnership, sole proprietorship or other business entity
or officers of any closely held corporation.
Certain products, chemicals, or items are exempt from this
rule. Below is a summarized list of these exemptions. See WAC
296-307-55055 at the end of this rule to get complete information
about these exemptions:
Any hazardous waste or substance
Tobacco or tobacco products
Wood or wood products that are not chemically treated and
will not be processed, for example, by sawing and sanding
Food or alcoholic beverages
Some drugs, such as retail or prescription medications
Retail cosmetics
Ionizing and nonionizing radiation
Biological hazards
Any consumer product or hazardous substance when workplace
exposure is the same as that of a consumer
Retail products used in offices in the same manner and
frequency used by consumers can be termed “consumer
products.” Consumer products include things such as:
Correction fluid, glass cleaner, and dishwashing liquid.
Example: If you use a household cleaner
in your workplace in the same way that a consumer would
use it when cleaning their house, the exposure should be
the same as the consumer's. (“In the same way”
means using the household cleaner in the same manner and
frequency.) A janitor using a household cleaner, such as
bleach, throughout the day, is not considered to be consumer
use.
Manufactured items that remain intact are exempt for this
rule.
The following are examples:
Item
Covered
by this rule
Not
covered by this rule
Brick
sawed
or cut in half
used
whole or intact
Pipe
cut
by a torch
bent
with a tube bender
Nylon
rope
burning
the ends
tying
a knot
Manufactured items that are fluids or in the form of particles
are not exempt for this rule.
Your responsibility:
To inform and train your employees about the hazards of chemicals
they may be exposed to during normal working conditions, or in
foreseeable emergencies by:
Making a list of the hazardous chemicals present in your
workplace
Preparing a written Chemical Hazard Communication Program
for your workplace
Informing your employees about this rule and your program
Providing training to your employees about working in the
presence of hazardous chemicals
Getting and keeping the material safety data sheets (MSDSs)
for the hazardous chemicals
Making sure that labels on containers of hazardous chemicals
are in place and easy to read
You must:
Develop, implement, maintain, and make available a written Chemical
Hazard Communication Program.
WAC
296-307-55005 Develop, implement, maintain, and make available
a written Chemical Hazard Communication Program.
You must:
Develop, implement, maintain, and make available a written Chemical
Hazard Communication Program specifically for your workplace.
The Chemical Hazard Communication Program must, at a minimum,
include:
A list of hazardous chemicals known to be present in your
workplace
Procedures for making sure all containers are properly labeled
A description of how you are going to obtain and maintain
your material safety data sheets (MSDSs)
A description of how you are going to train and inform your
employees about hazardous chemicals in their workplace
A description of how you are going to inform your employees
about:
Chemical hazards used during nonroutine tasks
The hazards associated with chemicals contained in unlabeled
pipes in their work areas
You must:
Make sure your written Chemical Hazard Communication Program
includes the following communication methods you will apply
if you produce, use, or store hazardous chemicals at your
workplace(s) in such a way that the employees of other employer(s)
may be exposed:
Provide the other employer(s) with a copy of the relevant
material safety data sheets (MSDSs), or provide access to
the MSDSs in a central location at the workplace
Inform the other employer(s) of any precautionary measures
that need to be taken to protect employees during normal operating
conditions and in foreseeable emergencies
Describe how to inform the other employer(s) of the labeling
system used in the workplace
Note:
Examples of employees of other employers who could be exposed
to chemical hazards that you produce, use, or store in your workplace
include employees of construction companies, cleaning services,
or maintenance contractors visiting or working on-site.
Your employees have the right to get chemical hazard communication
information from other employers at workplaces where they are
working; and employees of other employers have the right to get
the information from you when they are working at your workplace.
Include in your written Chemical Hazard Communication Program
the methods that you will use to share information with other
employers and their employees at your workplace(s) regarding:
Access to MSDSs
Precautionary measures such as personal protective equipment
(PPE) and emergency plans
Any labeling systems used at the workplace.
If you rely on another employer's chemical hazard communication
program to share the information required and the program meets
the requirements of this rule, document in your own written Chemical
Hazard Communication Program.
You must:
Make your Chemical Hazard Communication Program available to
your employees.
Note: Where employees must travel between
workplaces during a workshift, that is, if their work is carried
out at more than one geographical location, the written Chemical
Hazard Communication Program may be kept at the primary workplace
facility.
WAC
296-307-55010 Identify and list all the hazardous chemicals
present in your workplace.
You must:
Identify all hazardous chemicals in your workplace. This includes
any chemical that is known to be present in your workplace in
such a way that employees may be exposed to it under normal conditions
of use or in a foreseeable emergency.
Create a list of these chemicals using the chemical or common
name on the material safety data sheet (MSDS). This list:
Must be compiled for the workplace as a whole, or for individual
work areas.
Is necessary to make sure that all hazardous chemicals are
identified and that MSDS, and labeling rules are met.
Must be current.
Note: The following are some ways to determine
whether a product is hazardous:
Look for words on the label, such as “CAUTION,”
“WARNING,” or “DANGER.”
Look for words or “hazard coding” that indicate that
the chemical is flammable, an irritant, corrosive, carcinogenic,
etc. “Hazard coding” refers to words, numbers, or
colors that tell you a chemical is dangerous.
Check the product's MSDS for hazard information.
Examples of hazardous chemicals are: Acids, adhesives, caustics,
fuels, paints, varnishes, shellacs and pesticides. Too many other
classes of hazardous chemicals exist to list them all here. If
you have any questions about a chemical you have at your workplace,
contact your local L&I office.
WAC
296-370-55015 Obtain and maintain material safety data sheets
(MSDSs) for each hazardous chemical used.
You must:
Obtain a MSDS for each hazardous chemical used as soon as possible
if the MSDS is not provided with the shipment of a hazardous chemical
from the chemical manufacturer or importer.
Note:
To obtain a MSDS, you may try calling the manufacturer
or checking their website.
If you have a commercial account with
a retailer or wholesaler, you have the right to request and
receive a MSDS about hazardous chemicals you purchase.
If a chemical is purchased from a retailer
with no commercial accounts, you have the right to request
and receive the manufacturer's name and address so that you
can contact them and request a MSDS for the chemical.
Whoever prepares the MSDS is required
to mark all blocks on the form, even if there is no relevant
information for that section.
If you have problems getting a MSDS
within 30 calendar days after making a written request to
the chemical manufacturer, importer, or distributor, you can
get help from WISHA. You may contact your local regional office
for assistance or make a written request for assistance to
the:
Department of Labor & Industries
Right-to-Know Program
P.O. Box 44610
Olympia, Washington 98504-4610
Include in your request:
A copy of the purchaser's written request to the chemical
manufacturer, importer, or distributor
The name of the product suspected of containing a hazardous
chemical
The identification number of the product, if available
A copy of the product label, if available
The name and address of the chemical manufacturer, importer,
or distributor from whom the product was obtained
You must:
Maintain a MSDS for each hazardous chemical:
Keep copies of the required MSDSs for each hazardous chemical
present in your workplace. These may be kept in any form,
including as a part of operating procedures.
Each MSDS must be in English. You may also keep copies in
other languages.
Note:
If you choose not to rely on MSDSs or labels provided
by the manufacturer or importer, you must comply with the chemical
hazard communication standard for manufacturers, importers,
and distributors, WAC
296-307-560 through 296-307-56050.
It may be more appropriate to address the hazards of a
process rather than individual hazardous chemicals. MSDSs can
be designed to cover groups of hazardous chemicals in a work
area.
WAC
296-307-55020 Make sure material safety data sheets are readily
accessible to your employees.
You must:
Make sure that MSDSs are readily accessible, easily obtained
without delay during each work shift to employees when they are
in their work area(s).
Make sure that employees, who must travel between workplaces
during a work shift, such as when their work is carried out at
more than one geographical location, can immediately obtain the
required MSDS information in an emergency. (MSDSs may be kept
at a central location at the primary workplace facility and accessed
by means such as voice communication or laptop computer.)
Note:
Electronic access (such as computer or fax), microfiche, and
other alternatives to maintaining paper copies of the MSDSs are
permitted as long as they do not create barriers to immediate
employee access in each workplace.
Barriers to immediate access of electronic MSDSs may include:
Power outages
Equipment failure
System delays
Deficient user knowledge to operate equipment
Location of equipment outside the work area
Solutions to eliminating these and other possible barriers
to access may require the availability of back-up systems,
employee training, and providing access equipment in the work
areas.
EXEMPTIONS: The following is a summary of items that are exempt
from this rule. For complete information about each of these,
see WAC 296-307-55055.
Pesticides, when labeled as required by the Environmental
Protection Agency (EPA)
Food, food additives, color additives, drugs, cosmetics,
or medical/veterinary devices or products
Alcoholic beverages not intended for industrial use
Consumer products labeled, as required, by the Consumer
Product Safety Commission
Agriculture or vegetable seeds treated and labeled as
required by the Federal Seed Act
Note: You are not required to label portable containers into
which hazardous chemicals are transferred from labeled containers,
if the chemical is used and controlled by the employee who performed
the transfer within the same shift.
You must:
Make sure that each container of hazardous chemicals in the workplace
is labeled, tagged, or marked with the following information:
The identity of the hazardous chemical(s) using either the
chemical or common name
Note: You are not required to list each component in a hazardous
mixture on the label. If a mixture is referred to on a material
safety data sheet (MSDS) by a product name, then the product name
should be used as the identifier.
Appropriate hazard warnings which give general information
about the relevant health and physical hazards of the chemicals.
This includes health effects information, such as information
about organs most likely to be affected by the chemicals.
Examples of label:
Name of Chemical
Physical Hazards
Health Hazards:
Health effects information
Affected Target Organs
For individual stationary process containers, you may use
alternate labeling methods such as:
Signs
Placards
Process sheets
Batch tickets
Operating procedures or
Other such written materials, as long as the alternate
method identifies the containers and conveys the required
label information.
Note:
You may use words, pictures, symbols or any combination to
communicate the hazards of the chemical. Be sure to train your
employees so they can demonstrate a knowledge of the labeling
system you use.
Some alternative labeling systems do not communicate target organ
information, so the employee will have to rely on training provided
by the employer to obtain this information.
You must:
Not remove or deface existing labels on incoming containers of
hazardous chemicals (such as those marked with United States Department
of Transportation (USDOT) markings, placards, and labels), unless
the container is immediately labeled with the required information.
You do not need to put on new labels if existing labels already
provide the required information. If the package or container
is sufficiently cleaned of residue and purged of vapors to remove
any potential health or physical hazard, existing labels can be
removed.
Make sure that 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.
Note:
Employers with non-English speaking employees may use other
languages in the warning information in addition to the English
language.
Above is an example of a labeled
container. You may use a laminated or coated label, affixed
to the container with a wire, to avoid deterioration of
labels due to a solvent, such as acetone.
You must:
Make sure if the hazardous chemical is regulated by WISHA or
OSHA in a substance-specific health rule, that the labels or other
warnings are used according to those rules.
WAC
296-307-55030 Inform and train your employees about hazardous
chemicals in your workplace.
Note: The employer chemical hazard communication information
and training requirements also apply to pesticides. Employers
who have employees who are exposed to pesticides must be in compliance
with this rule and the worker protection standards, WAC
296-307-12040.
You must:
Provide employees with effective information on hazardous
chemicals in their work area at the time of their initial job
assignment. Whenever a new physical or health hazard related
to chemical exposure is introduced into their employees' work
areas, information must be provided.
- Inform employees of:
The requirements of this rule.
Any operations in their work area where hazardous chemicals
are present.
The location and availability of your written Chemical
Hazard Communication Program, including the list(s) of
hazardous chemicals and material safety data sheets (MSDSs)
required by this rule.
Provide employees with effective training about hazardous
chemicals in their work area at the time of their initial job
assignment. Whenever a new physical or health hazard related
to chemical exposure is introduced, the employees must be trained.
Make sure that employee training includes:
- Methods and observations that may be used to detect the
presence or release of a hazardous chemical in the work
area. Examples of these methods and observations may include:
Monitoring conducted by you
Continuous monitoring devices
Visual appearance or odor of hazardous chemicals when
being released
- Physical and health hazards of the chemicals in the
work area, including the likely physical symptoms or effects
of overexposure
- Steps employees can take to protect themselves from
the chemical hazards in your workplace, including specific
procedures implemented by you to protect employees from
exposure to hazardous chemicals. Specific procedures may
include:
Appropriate work practices
Engineering controls
Emergency procedures
Personal protective equipment to be used
- Details of the Chemical Hazard Communication Program developed
by you, including an explanation of the labeling system and
the MSDS, and how employees can obtain and use the appropriate
hazard information.
Tailor information and training to the types of hazards to
which employees will be exposed. The information and training
may be designed to cover categories of hazards, such as flammability
or cancer-causing potential, or it may address specific chemicals.
Chemical-specific information must always be available through
labels and MSDSs.
Make reasonable efforts to post notices in your employees'
native languages (as provided by the department) if those employees
have trouble communicating in English.
Note:
Interactive computer-based training or training videos can
be used provided they are effective.
Your MSDSs may not have WISHA permissible exposure limits
(PELs) listed. In some cases, WISHA PELs are stricter than the
OSHA PELs and other exposure limits listed on the MSDSs you
receive. If this is the case, you must refer to the WISHA PEL
table, WAC 296-307-62625,
for the appropriate exposure limits to be covered during training.
WAC
296-307-55035 Follow these rules for laboratories using hazardous
chemicals.
Note: Laboratories are required to have
a written Chemical hygiene plan under chapter
296-828 WAC, Hazardous chemicals in laboratories, if applicable.
They are not required to have a written Chemical Hazard Communication
Program.
You may combine your Accident Prevention
Program and Chemical Hazard Communication Program to assist you
in developing a Chemical Hygiene Plan for your laboratory.
You must:
(1) Make sure that labels on incoming containers of hazardous
chemicals are in place and readable.
(2) Maintain material safety data sheets (MSDSs) received with
incoming shipments of hazardous chemicals and make them available
to laboratory employees when they are in their work areas.
(3) Provide laboratory employees with information and training
as described in: “Inform and train your employees about
hazardous chemicals in your workplace,” WAC
296-307-55030, except for the part about the location and
availability of the written Chemical Hazard Communication Program.
Note: Laboratory employers that ship hazardous
chemicals are considered to be either chemical manufacturers or
distributors. When laboratory employers ship hazardous chemicals
they must comply with the rule, Material safety data sheets and
label preparation, WAC 296-307-560
through 296-307-56050.
WAC
296-307-55040 Follow these rules for handling chemicals in
factory-sealed containers.
You must:
This applies to situations where employees only handle chemicals
in factory-sealed containers that are not opened under normal
use (such as those found in marine cargo handling, trucking, warehousing,
or retail sales).
You must:
(1) Make sure that labels on incoming containers of hazardous
chemicals are in place and readable.
(2) Keep or obtain material safety data sheets.
Keep any MSDSs that are received with incoming shipments
of the sealed containers of hazardous chemicals
If a factory-sealed container of hazardous chemicals comes
without a MSDS, obtain one as soon as possible, if an employee
requests it
(3) Make sure that the MSDSs are readily accessible during each
work shift to employees when they are in their work area(s).
(4) Inform and train your employees about hazardous chemicals
in your workplace, to protect them in case of a hazardous chemical
spill or leak from a factory-sealed container. You do not have
to cover the location and availability of the written Chemical
Hazard Communication Program.
WAC
296-307-55045 Translate certain chemical hazard communication
documents upon request.
The department must:
Upon receipt of a written or verbal request, prepare and make
available (within available resources) to employers or the public,
a translation into Cambodian, Chinese, Korean, Spanish, or Vietnamese
of any of the following:
An employer's written Chemical Hazard Communication Program
A material safety data sheet or
Written materials prepared by the department to inform employees
of their rights described in this rule, regarding chemical
hazard communication
Note: Written requests for translations
should be directed to:
WAC
296-307-55050 Attempt to obtain a material safety data sheet
(MSDS) upon request.
The department must:
Upon receipt of an employer's written request for a material
safety data sheet, attempt to obtain the MSDS from the chemical
manufacturer, importer, or distributor. When the department receives
the MSDS, the department must forward a copy of it to the purchaser
at no cost. Small business employers will be given priority for
this service.
WAC
296-307-55055 Items or chemicals exempt from the rule, and
exemptions from labeling.
Listed below are the full descriptions of the items or chemicals
that are exempt, or not covered, by this rule:
Any consumer product or hazardous substance, defined in the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal
Hazardous Substance Act (15 U.S.C. 1261 et seq.) respectively,
where you can show that it is used in the workplace for the
purpose intended by the chemical manufacturer or importer
of the product, and the use results in a duration and frequency
of exposure that is not greater than the range of exposures
that could reasonably be experienced by consumers when used
for the purpose intended.
Any hazardous waste, defined by the Hazardous Waste Management
Act chapter 70.105 RCW, when subject to regulations issued
under that act by the department of ecology, that describes
specific safety, labeling, personnel training, and other rules
for the accumulation, handling, and management of hazardous
waste.
Any hazardous waste, 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.
Any hazardous substance, defined by the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) (42 U.S.C.
9601 et seq.), when the hazardous substance is the focus of
remedial or removal action being conducted under CERCLA in
accordance with Environmental Protection Agency regulations.
Tobacco or tobacco products.
Wood or wood products, including lumber that will not be
processed, where the chemical manufacturer or importer can
establish that the only hazard they pose to the employees
is the potential for flammability or combustibility. Wood
or wood products that have been treated with hazardous chemicals
covered by this rule, and wood that may be subsequently sawed
or cut, generating dust, are not exempt.
Articles, meaning manufactured items other than a fluid or
particle that:
Are formed to a specific shape or design during manufacture;
Have end use function(s) dependent in whole or in part
upon their shape or design during end use; and
Under normal conditions of use, do not release more than
very small quantities, for example minute or trace amounts
of a hazardous chemical such as emissions from a marking
pen or a newly varnished wood chair, and do not pose a physical
hazard or health risk to employees.
Food or alcoholic beverages that are sold, used, or prepared
in a retail establishment such as a grocery store, restaurant,
or drinking place, and foods intended for personal consumption
by employees while in the workplace.
Any drug, 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 (for example,
tablets or pills); drugs that are packaged by the chemical
manufacturer for sale to consumers in a retail establishment
(for example over-the-counter drugs); and drugs intended
for personal consumption by employees while in the workplace
(for example, first-aid supplies). Aerosolized or cytotoxic
drugs administered by a health care worker are not excluded.
Cosmetics packaged for sale to consumers in a retail
establishment, and cosmetics intended for personal consumption
by employees while in the workplace.
Ionizing and nonionizing radiation.
Biological hazards.
This rule does not require labeling of the following
chemicals:
Any pesticide, 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.
Any chemical substance or mixture, in the Toxic Substance
Control Act (15 U.S.C. 2601 et seq.), when subject to
the labeling requirements of that act, and labeling requirements
issued under that act by the Environmental Protection
Agency.
Any food, food additive, color additive, drug, cosmetic,
or medical/veterinary device or product, including materials
intended for use as ingredients in such products (for
example, flavors and fragrances), as such terms are defined
in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) or the Virus-Serum Toxin Act of 1913 (21
U.S.C. 151 et seq.) and regulations issued under those
acts, when they are subject to the labeling requirements
under those acts by either the Food and Drug Administration
or the Department of Agriculture.
Any distilled spirits (beverage alcohols), wine, or malt
beverage intended for nonindustrial use, 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.
Any consumer product or hazardous substance, as 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 rule or labeling requirement of those acts,
or regulations issued under those acts by the Consumer
Product Safety Commission.
Agricultural or vegetable seed treated with pesticides
and labeled in accordance with the Federal Seed Act (7
U.S.C. 1551 et seq.), and the labeling requirements issued
under that act by the Department of Agriculture.
Included are manufactured items (such
as bricks, welding rods, and sheet metal) that aren't exempt as
an article.
Chemical
manufacturer
An employer with a workplace where one
or more chemicals are produced for use or distribution.
Chemical
name
The scientific designation of a chemical
developed by the:
-International Union of Pure and Applied Chemistry (IUPAC)
-Chemical abstracts service (CAS) rules of nomenclature
OR
-A name that clearly identifies the
chemical for the purpose of conducting a hazard evaluation.
Combustible
liquid
Liquids with a flashpoint of at least
100°F (37.8°C) and below 200°F (93.3°C). A mixture with at least
99% of its components having flashpoints of 200°F (93.3°C), or
higher isn't considered a combustible liquid.
Commercial
account
An arrangement where a retailer is selling
hazardous chemicals to an employer:
Generally in large quantities
over time
OR
At costs below regular retail price.
Common
name
Any designation or identification used
to identify a chemical other than the chemical name, such as a:
Code name or number
OR
Trade or brand name
OR
Generic name.
Compressed
gas
A contained gas or mixture of gases with
an absolute pressure greater than:
40 psi at 70°F (21.1°C)
OR
104 psi at 130°F (54.4°C) regardless
of the pressure at 70°F (21.1°C)
OR
A liquid with a vapor pressure greater
than 40 psi at 100°F (37.8°C) as determined by ASTM D323-72.
Container
A vessel, other than a pipe or piping
system, that holds a hazardous chemical. Examples include:
An individual or organization
with written authorization from an employee.
OR
A recognized or certified collective
bargaining agent not necessarily authorized by an employee.
OR
A legal representative of a deceased
or legally incapacitated employee.
Director
The director means the director of the
department of Labor & Industries or their designee.
Distributor
A business, other than a chemical manufacturer
or importer, that supplies hazardous chemicals to other distributors
or to employers. See WAC
296-307-560 through 296-307-56050
for requirements dealing with manufacturers, distributors and
importers - hazard communication.
The term employee and other terms of like
meaning, unless the context of the provision containing such term
indicates otherwise, means an employee of an employer who is employed
in the business of his or her employer whether by way of manual
labor or otherwise and every person in this state who is engaged
in the employment of or who is working under an independent contract
the essence of which is personal labor for an employer under this
standard whether by way of manual labor or otherwise.
Employer
An employer is any person, firm, corporation,
partnership, business trust, legal representative, or other business
entity which engages in any business, industry, profession, or
activity in this state and employs one or more employees or who
contracts with one or more persons, the essence of which is the
personal labor of such person or persons and includes the state,
counties, cities, and all municipal corporations, public corporations,
political subdivisions of the state, and charitable organizations:
Provided, That any persons, partnership, or business entity not
having employees, and who is covered by the Industrial Insurance
Act must be considered both an employer and an employee.
Explosive
A chemical that causes a sudden, almost
instant release of pressure, gas, and heat when exposed to a sudden
shock, pressure, or high temperature.
Exposure
or exposed
An employee has been, or may have possibly
been, subjected to a hazardous chemical, toxic substance or harmful
physical agent while working. An employee could have been exposed
to hazardous chemicals, toxic substances, or harmful physical
agents in any of the following ways:
Inhalation
Ingestion
Skin contact
Absorption
Related means.
The terms exposure and exposed only cover
workplace exposure involving a toxic substance or harmful physical
agent in the workplace different from typical nonoccupational
situations in the way it is:
Aerosols that, when tested using a
method described in 16 CFR 1500.45, yield either a:
- Flame projection of more than 18
inches at full valve opening
OR
- A flashback (a
flame extending back to the valve) at any degree of valve
opening
Gases that, at the temperature and
pressure of the surrounding area, form a:
- Flammable mixture with air at a
concentration of 13 percent, by volume, or less
OR
- Range of flammable
mixtures with air wider than 12 percent, by volume, regardless
of the lower limit.
Liquids with a flashpoint of 100°F
(37.8°C). A mixture with at least 95 percent of its compounds
having flashpoints of 100°F (37.8°C) or higher, isn't considered
a flammable liquid.
Solids, other than blasting agents
or explosives, as defined in WAC 296-52-417 or 29 CFR 1910.109(a),
that:
- Is likely to cause fire through
friction, moisture, absorption, spontaneous chemical change
or retained heat from manufacturing or processing
OR
- That can be readily
ignited (and when ignited burns so vigorously and persistently
that it creates a serious hazard)
OR
- When tested by
the method described in 16 CFR 1500.44, ignite and burn with
a self-sustained flame at a rate greater than one-tenth of
an inch per second along its major axis.
Flashpoint
The minimum temperature at which a liquid
gives off an ignitable concentration of vapor, when tested by
any of the following measurement methods:
Tagliabue closed tester. Use this
for liquids with a viscosity less than 45 Saybolt Universal
Seconds (SUS) at 100°F (37.8°C), that don't contain suspended
solids and don't tend to form a surface film under test. See
American National Standard Method of Test for Flashpoint by
Tag Closed Tester, Z11.24.1979 (ASTM D 56-79)
Pensky-Martens closed tester for liquids
with a viscosity equal to, or greater than, 45 SUS at 100°F
(37.8°C), or for liquids that contain suspended solids, or
have a tendency to form a surface film under test. See American
National Standard Method of Test for Flashpoint by Pensky-Martens
Closed Tester, Z.117.1979 (ASTM D 93-79)
Setaflash closed tester: See American
National Standard Method of Test for Flash Point by Setaflash
Closed Tester (ASTM D 3278-78).
Organic peroxides, which undergo auto
accelerating thermal decomposition, are excluded from any of the
flashpoint measurement methods specified above.
Foreseeable emergency
Any potential event that could result
in an uncontrolled release of a hazardous chemical into the workplace.
Examples of foreseeable emergencies include equipment failure,
rupture of containers, or failure of control equipment.
Words, pictures, or symbols (alone or
in combination), that appear on labels (or other forms of warning
such as placards or tags) that communicate specific physical and
health hazard(s), (including target organ effects), associated
with chemical(s) in a container.
Health
hazard
A chemical that may cause health effects
in short or long-term exposed employees based on statistically
significant evidence from a single study conducted by using established
scientific principles. Health hazards include, but are not limited
to, any of the following:
Carcinogens
Toxic or highly toxic substances
Reproductive toxins
Irritants
Corrosives
Sensitizers
Hepatotoxins (liver toxins)
Nephrotoxins (kidney toxins)
Neurotoxins (nervous system toxins)
Substances that act on the hematopoietic
system (blood or blood forming system)
Substances than can damage the lungs,
skin, eyes, or mucous membranes.
Written, printed or electronic information
(on paper, microfiche, or on-screen) that informs manufacturers,
distributors or employers about the chemical, its hazards and
protective measures as required by this rule.
Mixture
A combination of 2 or more chemicals that
retain their chemical identity after being combined.
An organic compound containing the bivalent-0-0-structure.
It may be considered a structural derivative of hydrogen peroxide
if one or both of the hydrogen atoms has been replaced by an organic
radical.
Oxidizer
A chemical, other than a blasting agent
or explosive as defined in WAC 296-52-417 or CFR 1910.109(a),
that starts or promotes combustion in other materials, causing
fire either of itself or through the release of oxygen or other
gases.
A chemical in its pure state, or as produced
or transported, that will vigorously polymerize, decompose, condense,
or become self-reactive under conditions of shocks, pressure or
temperature.
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