This chapter sets minimum requirements for content and distribution
of material safety data sheets (MSDSs) and labels for hazardous
chemicals.
This chapter applies when you do one
or more of the following:
- Import, produce, or repackage chemicals,
including manufactured items (such as bricks, welding rods,
and sheet metal) that aren't exempt as articles
- Sell or distribute hazardous chemicals
to manufacturers, distributors or employers
- Choose not to rely on material safety
data sheets (MSDSs) provided by the importer, manufacturer
or distributor.
Note:
You aren't required to evaluate chemicals
or create MSDSs for chemicals you didn't produce or import.
If you decide to evaluate chemicals or create MSDSs, then the
requirements of this chapter will apply to you.
Use Table 2 to determine which sections in
this chapter apply to your workplace.
Exemptions:
All of the following are always
exempt from this chapter:
- Ionizing and nonionizing radiation
- Biological hazards
- Tobacco and tobacco products.
The chemicals and items listed in Table 1
are exempt from this chapter under the conditions specified.
Table
1 Conditional Exemptions from this chapter
This chapter does NOT apply
to
When
Alcoholic beverages
OR
Foods
Sold, used, or prepared in a retail establishment (such
as a grocery store, restaurant, bar, or tavern)
An article (manufactured item)
It isn't a fluid or particle
AND
It is formed to a specific shape or design during manufacture
for a particular end use function1
AND
It releases only trace amounts of a hazardous chemical
during normal use AND doesn't pose a physical or
health risk to the employees
Consumer products
- Produced or distributed for sale meeting the definition
of "consumer products" in the Consumer Product
Safety Act (see U.S. Code, Title 15, Chapter 47, section
20522)
OR
Hazardous household products
- Meeting the definition of "hazardous substances"
in the Federal Hazardous Substance Act (see U.S. Code,
Title 15, Chapter 30, section 12612)
Both criteria apply:
- They are used in the workplace for the same purpose
as intended by the manufacturer or importer
- The duration and frequency of an employee's exposure
is no more than the range of exposures that consumers
might reasonably experience
Cosmetics
Packaged and sold in retail establishments
Drugs
- Meeting the definition for "drugs" in
the Federal Food, Drug, and Cosmetic Act (see U.S.
Code, Title 21, Chapter 9, Subchapter II, section
3212)
In solid, final form (for example, tablets, or pills)
for direct administration to the patient
OR
Packaged and sold in retail establishments (for example,
over-the-counter drugs)
OR
Intended for employee consumption while in the workplace
(for example, first-aid supplies)
Hazardous solid wastes
- Meeting the definition of "hazardous waste"s
in the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976 (see
U.S. Code, Title 42, Chapter 82, Subchapter I, section
69032)
Subject to the United States Environmental Protection
Agency (EPA) regulations3
Hazardous substances
- Released into the environment meeting the definition
of "hazardous substances" in the Comprehensive
Environmental Response , Compensation and Liability
Act (CERCLA) (see U.S. Code, Title 42, Chapter 103,
Subchapter I, section 96012)
They are the focus of remedial or removal action being
conducted under CERCLA in accordance with EPA regulations
(Title 40 of the Code of Federal Regulations (CFR)3)
Hazardous wastes
- Meeting the definition of dangerous wastes in the
Hazardous Waste Management Act (see chapter 70.105
RCW4)
Subject to department of ecology regulations, chapter
173-303 WAC5, that address the accumulation,
handling and management of hazardous waste, and describe
all of the following:
- Safety
- Labeling
- Personnel training
- And other related requirements
Solid wood
OR
Wood products (for example, lumber, and paper)
All of the following apply:
- The material isn't treated with hazardous chemicals
- The only hazard is potential flammability or combustibility
- The product isn't expected to be processed (for
example, by sanding or sawing)
1End use is dependent in whole, or in part, upon
maintaining the item's original shape or design. If the item
will be significantly altered from its original form, it can no
longer be considered a manufactured item.
3EPA regulations are included in the Code of Federal
Regulations (CFR). See http://www.epa.gov.
4This state act is included in the Revised Code of
Washington (RCW). The RCW compiles all permanent laws of the
state. See http://www1.leg.wa.gov/legislature/.
Use Table 2 to find out which sections of this part apply to
you. For example, if you import AND sell hazardous chemicals
ALL sections apply. WAC 296-307-56050
applies to all employers covered by the scope of this part.
Table
2 Section Application
If you
Then the sections
marked with an X apply
56010 -
56015
56025
56030 -
56035
56045
Import or produce chemicals
X
X
Sell or distribute
hazardous chemicals to
- Manufacturers
OR
- Distributors
OR
- Employers (includes retail or
wholesale transactions)
X
X
Choose to NOT rely on MSDSs
provided by the importer, manufacturer or distributor
Hazard evaluation is a process where hazards
of chemicals are identified by reviewing available research
or testing information. You aren't required to perform your
own laboratory research or testing to meet the requirements
of this section
- Information from hazard evaluations is
used to complete material safety data sheets (MSDSs) and
labels
- MSDSs from your suppliers may be used
to complete the hazard evaluation for chemicals you produce
- MSDSs and labels are NOT required
for chemicals that are determined to be nonhazardous
Importers and manufacturers are required
to develop MSDSs and labels. If you decide to develop your
own MSDSs and labels, then this chapter also applies to you.
You must
(1) Describe in writing your procedures for conducting hazard
evaluations.
(2) Conduct a complete hazard evaluation for ALL chemicals
you produce or import to determine if they are hazardous chemicals.
Identify and consider available scientific
evidence of health and physical hazards
Evidence that meets the criteria in Table
3 must be used to establish a hazard
Chemicals identified in a Table 4 source
must be regarded as hazardous
The scope of health hazards considered must
include the categories in Tables 5 and 6
If the chemical is a mixture, follow the
additional criteria in Table 7
If you find evidence that meets the criteria
in Table 3, use it in your hazard evaluation.
Table
3 Criteria for Hazard Evidence
Hazard
Criteria
Health hazard
Where available, use human case
reports of health effects
AND
One of more studies that
- Are based on human populations,
if available, and animal populations 1,2
AND
- Report statistically significant
conclusions of a hazardous effect or health hazard
(as defined in this rule)
AND
- Have been conducted following
established scientific principles.
Physical hazard
Valid evidence that shows a chemical
in any one of the following3:
- A combustible liquid
- A compressed gas
- Explosive
- Flammable
- An organic peroxide
- An oxidizer
- Pyrophoric
- Unstable (reactive)
- Water-reactive
1If human data isn't available, use results of tests
done on animals and other available studies to predict health
effects on employees (for example, effects resulting from short
and long-term exposures to chemicals).
2In vitro studies alone don't generally form the
basis of a finding of hazard.
- 29 CFR Part 1910, Subpart Z,
Toxic and Hazardous Substances, Occupational Safety
and Health Administration (OSHA)
- Threshold Limit Values for
Chemical Substances and Physical Agents in the Work
Environment, American Conference of Governmental
Industrial Hygienists (ACGIH) (latest edition).
Sources that
identify carcinogens or potential carcinogens:
- 29 CFR Part 1910, Subpart Z,
Toxic and Hazardous Substances, Occupational Safety
and Health Administration (OSHA)
- National Toxicology Program
(NTP), Annual Report on Carcinogens (latest edition)
- International Agency for Research
on Cancer (IARC) Monographs (latest editions).
Note:
The Registry of Toxic Effects of Chemical Substances
is published by the National Institute for Occupational
Safety and Health (NIOSH) and identifies chemicals found
to be potential carcinogens by the NTP and IARC.
Chemicals meeting Table 5 definitions, along with the criteria
for established evidence in Table 3, must be regarded as hazardous.
Table 5 is NOT intended to present all hazard categories
or test methods. Available scientific data involving other
test methods and animal species must also be evaluated to determine
a chemical's hazards.
Table
5 Standard Health Hazard Categories
A chemical is considered
to be
If
A carcinogen
The International Agency for
Research on Cancer (IARC) considers it to be a carcinogen
or potential carcinogen
OR
The National Toxicity Program (NTP)
(latest edition) lists it as a carcinogen or potential
carcinogen
OR
It is regulated by WISHA or OSHA
as a carcinogen
Corrosive
It causes visible destruction of,
or irreversible alterations in, living tissue (not inanimate
surfaces) by chemical action at the site of contact
Example:
- A chemical is corrosive if tested
on the intact skin of albino rabbits by a method described
by the U.S. Department of Transportation (in Appendix
A to 49 CFR Part 173) and it destroys or changes (irreversibly)
the structure of the tissue at the contact site after
a 4-hour exposure period
Toxic
It has a median lethal dose (LD50)
greater than 50 milligrams per kilogram, but no more
than 500 milligrams per kilogram of body weight, when
administered orally to albino rats weighing between
200 -300 grams each
OR
It has a median lethal dose (LD50)
greater than 200 milligrams per kilogram, but not more
than 1,000 milligrams per kilogram, of body weight when
administered by continuous contact for 24 hours (or
less if death occurs within 24 hours) with the bare
skin of albino rabbits weighing between 2-3 kilograms
each
OR
It has a median lethal concentration
(LC50), in air:
- Greater than 200 parts per million,
but not more than 2,000 parts per million (by volume
of gas or vapor)
OR
- Greater than 2 milligrams per
liter, but not more than 20 milligrams per liter,
of mist, fume, or dust, when administered by continuous
inhalation for one hour (or less if death occurs
within one hour) to albino rats, weighing between
200-300 grams each
Highly toxic
It has a median lethal dose (LD50)
of 50 milligrams, or less, per kilogram of body weight
when administered orally to albino rats weighing between
200-300 grams each
OR
It has a median lethal dose (LD50)
of 200 milligrams, or less, per kilogram of body weight
when administered by continuous contact for 24 hours
(or less if death occurs within 24 hours) with the bare
skin of albino rabbits weighing between 2-3 kilograms
each
OR
It has a median lethal concentration
of (LC50), in air, of:
- 200 parts per million (by volume),
or less, of gas or vapor
OR
- 2 milligrams per liter, or less,
of mist, fume, or dust, when administered by continuous
inhalation for one hour (or less if death occurs
within one hour) to albino rats weighing between
200-300 grams each
An irritant
It is NOT corrosive, but causes
a reversible inflammatory effect on living tissue by
chemical action at the contact site
Examples:
- The chemical is a skin irritant
when tested on the intact skin of albino rabbits (by
the methods of 16 CFR 1500.41) for 4 hours exposure
(or by other appropriate techniques), and the exposure
results in an empirical score of 5 or more
- A chemical is an eye irritant if
so determined under the procedure listed in 16 CFR
1500.42 or other appropriate techniques
A sensitizer
It causes a substantial proportion
of exposed people or animals to develop an allergic
reaction in normal tissue after repeated exposure
Categories provided in Table 6 illustrate the broad range of
target organ effects that must be considered when conducting hazard
evaluations. Chemicals meeting Table 6 definitions, along with
the criteria for established evidence in Table 3, must be regarded
as hazardous.
Examples provided in Table 6 are NOT intended to be a
complete list.
Table
6 Examples of Target Organ Effect Categories Category
Category
Definition
Examples of signs and symptoms
Examples of Chemicals
Hepatotoxins
Cause liver damage
Jaundice
Liver enlargement
Carbon
tetrachloride
Nitrosamines
Nephrotoxins
Cause kidney damage
Edema
Proteinuria
Halogenated hydrocarbons
Cadmium
Neurotoxins
Cause primary toxic effects
on the nervous system
Narcosis
Behavioral changes
Decrease in motor functions
Mercury
Carbon disulfide
Lead
Chemicals that act on the
Blood
OR
Hematopoietic (blood forming) system
Decrease hemoglobin function
OR
Deprive the body tissues of oxygen
Cyanosis
Loss of consciousness
Carbon monoxide
Cyanides
Benzene
Chemicals that damage the
lungs
Irritate lungs
OR
Damage pulmonary tissue
Cough
Tightness in chest
Shortness of breath
Silica
Asbestos
Reproductive toxins
Affect reproductive capabilities,
including:
Chromosomal damage (mutation)
Effects on fetuses (teratogenesis)
Birth defects
Sterility
Lead
1,2-Dibromo-3-chloropropane (DBCP)
Nitrous oxide
Cutaneous (skin) hazards
Affect the dermal layer of
the body
Defatting of the skin
Rashes
Irritation
Ketones
Chlorinated compounds
Eye hazards
Affect the eye or ability
to see
Conjunctivitis
Corneal damage
Organic solvents
Acids
Table
7 Criteria for Evaluating Chemical Mixtures
If a mixture
Then
Has been thoroughly tested as a whole
for a physical or health hazard
You must use those results
Has NOT been tested as a whole
for a health hazard
You must:
- Evaluate EACH ingredient
in the mixture to determine the hazards
- Consider the mixture to have the
same hazards as each ingredient determined to be hazardous
Has NOT been tested as a whole
for physical hazards
You must:
- Use any scientifically valid data
available to evaluate the potential physical hazards
of the mixture
Develop or obtain material safety data
sheets (MSDSs).
You must
Develop or obtain a complete and accurate
material safety data sheet (MSDS) for each hazardous chemical
or mixture according to ALL of the following:
- ALL information in Table
8 must be completed. If there is no relevant information
for a required item, this must be noted. Blank spaces aren't
permitted.
Note:
No specific format is required for MSDSs;
however, an example format (OSHA form 174) can be found online
at: http://www.osha.gov
One MSDS can be developed for a group of
complex mixtures (for example, jet fuels or crude oil) IF
the health and physical hazards of the mixtures are similar
(the amounts of chemicals in the mixture may vary).
- Content of MSDSs must accurately represent
the available scientific evidence.
Note: You may report results of scientifically valid studies
that tend to refute findings of hazards.
- MSDSs must be in English.
Note: You may develop copies of MSDSs in other languages.
You must
Revise an MSDS when you become aware
of new and significant information regarding the hazards of
a chemical, or how to protect against the hazards
- Within 3 months after you first become
aware of the information
OR
- Before the chemical is reintroduced
into the workplace if the chemical is no longer being used,
produced or imported.
Table 8 Information Required on MSDSs
The chemical's identity as it appears
on the label
The date the MSDS was prepared or updated
A contact for
additional information about the hazardous chemical and
appropriate emergency procedures
Include the following:
- Name
- Address
- Telephone number of the responsible
party preparing or distributing the MSDS
The chemical's
hazardous ingredients1 as determined by your
hazard evaluation
- For a single substance chemical,
include the chemical and common name(s) of the substance
- For mixtures tested as
a whole
Include the common
name(s) of the mixture
AND
List the chemical and common
name(s) of ingredients that contribute to the
known hazards
- For mixtures NOT tested
as a whole, list the chemical and common name(s) of
hazardous ingredients
That make up 1% or more of the
mixture, by weight or volume, including carcinogens
(if 0.1% concentration or more, by weight or volume)
- If ingredients are less than the
above concentrations but may present a health risk to
employees (for example, allergic reaction or exposure
could exceed the permissible exposure limits, or PEL)
they must be listed here.
Exposure limits
for airborne concentrations. Include ALL of the
following, when they exist:
- WISHA or OSHA PELs2
The 8-hour time weighted average
(TWA)
The short-term exposure limit
(STEL), if available
Ceiling values, if available
- Threshold limit values (TLVs)
including 8-hour TWAs, STELs, and ceiling values
- Other exposure limits used or
recommended by the employer preparing the MSDS
Physical and chemical
characteristics
- For example, boiling point, vapor
pressure, and odor
Fire, explosion
data, and related information
- For example, flashpoint, flammable
and explosion limits, extinguishing media, and unusual
fire or explosion hazards
Physical hazards of the chemical including
reactivity information
- For example, incompatibilities,
decomposition products, by-products, and conditions
to avoid
Health hazard information including
ALL of the following:
- Primary routes of exposure
For example, inhalation, ingestion,
and skin absorption or other contact3
- Health effects (or hazards) associated
with:
Short-term exposure4
AND
Long-term exposure4
- Whether the chemical is listed or
described as a carcinogen or potential carcinogen in
the latest editions of each of the following:
The National Toxicology Program
(NTP) Annual Report on Carcinogens
OR
The International Agency for Research
on Cancer (IARC) Monographs as a potential carcinogen
OR
WISHA or OSHA rules
- Signs and symptoms of exposure3
- Medical conditions generally recognized
as being aggravated by exposure
Emergency and first-aid procedures
Generally applicable precautions for
safe handling and use known to the employer preparing
the MSDS
- For example, appropriate procedures
for clean-up of spills and leaks, waste disposal method,
precautions during handling and storing
Generally applicable and appropriate
control measures known to the employer preparing the MSDS,
including ALL of the following
- Engineering control (for example,
general or local exhaust ventilation)
- Work practices
- Personal protective equipment
(PPE)
- Personal hygiene practices
- Protective measures during repair
and maintenance of contaminated equipment
2WISHA PEL categories are defined, and values are
provided, in chapter 296-307 WAC, Part
Y-6.
3A "skin notation" listed with either an
ACGIH TLV or WISHA/OSHA PEL indicates that skin absorption is
a primary route of exposure.
4Examples of:
Short-term health effects (or hazards) include
eye irritation, skin damage caused by contact with corrosives,
narcosis, sensitization, and lethal dose.
Long-term health effects (or hazards) include
cancer, liver degeneration, and silicosis.
5Signs and symptoms of exposure to hazardous substances
include those that:
Can be measured such as decreased pulmonary
function
Provide MSDSs for products shipped,
transferred or sold over-the-counter.
You must
Provide the correct
MSDS to manufacturers, distributors and employers:
- With the initial shipment or transfer
of the product
AND
- With the first shipment or transfer after
an MSDS is updated
AND
- Whenever one is requested.
Note:
MSDSs may be provided separately from containers
as long as they are provided before or at the same time as the
containers. For example, you may fax, or e-mail the MSDS
You are NOT required
to provide MSDSs to retailers who inform you they
- Don't sell the product to commercial
accounts
AND
- Don't open the sealed product containers
for use in their workplace.
You must
Follow the requirements in Table 9 for chemicals sold over-the-counter.
Table
9 Requirements for Chemicals Sold Over the Counter (NOT
shipped)
If you are a
Then
Retail distributor with commercial accounts
Provide an MSDS to employers with commercial
accounts when requested
AND
Post a sign, or otherwise inform employers,
that MSDSs are available
Retail distributor without
commercial accounts
Provide the employer, when requested,
with ALL of the following:
- Name
- Address
- Telephone number of the chemical
manufacturer, importer, or distributor who can provide
an MSDS
Wholesale distributor selling
products over-the counter to employers
Provide an MSDS to employers with commercial
accounts when requested
AND
Post a sign, or otherwise inform employers,
that MSDSs are available
Obtain an MSDS from the chemical manufacturer,
distributor or importer as soon as possible, if an MSDS isn't
provided for a shipment labeled as a hazardous chemical.
Exemption: Containers are exempt from this section
if ALL hazardous contents are listed in Table
11.
You must
Make sure every container of hazardous
chemicals leaving the workplace is properly labeled. This includes
ALL of the following:
- The identity of the hazardous chemical (the chemical
or common name) that matches the identity
used on the MSDS
- An appropriate hazard warning
- The name and address of the chemical
manufacturer, importer, or other responsible party
- Make sure labeling doesn't conflict with
the requirements of:
The Hazardous Materials Transportation
Act (49 U.S.C. 1801 et seq.)
AND
Regulations issued under the act by
the U.S. Department of Transportation (Title 49 of the
Code of Federal Regulations, Parts 171 through 180).
See http://www.dot.gov
- Revise labels within 3 months of becoming
aware of new and significant information about chemical
hazards
- Provide revised labels on containers
beginning with the first shipment after a revision, to manufacturers,
distributors or employers
- Revise the label when a chemical isn't
currently used, produced or imported, before:
You resume shipping (or transferring)
the chemical
OR
The chemical is reintroduced in the
workplace
- Label information
Clearly written
in English
AND
Prominently displayed on the container.
Reference:
Additional labeling requirements for specific hazardous chemicals
(for example, asbestos and cadmium) are found in chapter 296-62
WAC, General Occupational Health Standards (see parts F,
G, and I-1 of that chapter).
Note:
When the conditions specified in Table 10 are met for the solid
material products listed, you aren't required to provide labels
for every shipment.
Table
10 Labeling for Solid Materials
You need only send labels
with the first shipment, IF the product is
And
Whole grain
It is shipped to the same customer
AND
No hazardous chemicals are part of
or known to be present with the product which could expose
employees during handling
- For example, cutting fluids on
solid metal, and pesticides with grain
Solid untreated wood
Solid metal
For example: Steel beams, metal castings
Plastic items
Exemptions: The chemicals (and items) listed in Table
11 are EXEMPT from THIS SECTION under the conditions
specified. Requirements in other sections still apply.
Table
11 Conditional Label Exemptions
This section does not apply
to
When the product is
Pesticides
- Meeting the definition of pesticides in the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA)
see Title 7, U.S.C. Chapter 6, Subchapter II, Section
1361)
· Subject to:
- Labeling requirements of FIFRA1
AND
- Labeling regulations issued under FIFRA by the
United States Environmental Protection Agency (EPA) (see
Title 40 of the Code of Federal Regulations2)
A chemical substance or mixture
- Meeting the definition of chemical substance or
mixture in the Toxic Substance Control Act (TSCA)
(see Title 15 U.S.C. Chapter 53, Subchapter II, Section
26021)
· Subject to
- Labeling requirements of TSCA1
AND
- Labeling requirements issued under TSCA by the
EPA (see Title 40 of the Code of Federal Regulations2)
Each of the following
- Food
- Food additives
- Color additives
- Drugs
- Cosmetics
- Medical devices or products
- Veterinary devices or products
- Materials intended for use in these products (for
example: Flavors, and fragrances)
As defined in
- The Federal Food, Drug, and Cosmetic Act (see Title
21 U.S.C. Chapter 9, Subchapter II, (Section 3211)
OR
- The Virus-Serum Act of 1913 (see Title 21 U.S.C.
Chapter 5, Section 151 et seq.1)
OR
- Regulations issued under these acts (see
Title 21 Part 101 in the Code of Federal Regulations,
and Title 9, in the Code of Federal Regulations3
· Subject to:
- Labeling requirements in Federal Food,. Drug, and Cosmetic
Act, Virus-Serum Toxin Act of 1913, and issued regulations
enforced by the United States Food and Drug Administration
(see Title 21 Parts 101-180 in the Code of Federal Regulations3)
OR
- Department of Agriculture (see Title 9, in the
Code of Federal Regulations3)
Each of the following:
- Distilled spirits (beverage alcohols)
AND
- Wine
AND
- Malt beverage
As defined in
- The Federal Alcohol Administration Act (see Title
27 U.S.C. Section 2011)
AND
- Regulations issued under this act (see Title 27
in the Code of Federal Regulations3)
· Subject to:
- Labeling requirements of Federal Alcohol Administration
Act1
AND
- Labeling regulations issued under Federal Alcohol Administration
Act by the Bureau of Alcohol, Tobacco, and Firearms (see
Title 27 in the Code of Federal Regulations3)
Consumer products
AND
Hazardous substances
- As defined in the Consumer Product Safety Act (see
15 U.S.C. 2051 et seq.1)
AND
- The Federal Hazardous Substances Act (see 15 U.S.C.
1261 et. seq.1)
· Subject to:
- A consumer product safety or labeling requirement of
the Consumer Product Safety Act or Federal Hazardous Substance
Act1
OR
- Regulations issued under these acts by the Consumer
Product Safety Commission (see Title 16 in the Code of
Federal Regulations3)
Agricultural seed
AND
Vegetable seed treated with pesticides
· Labeled as required by
- The Federal Seed Act (see Title 7 U.S.C. Chapter 37,
Section 1551 et. seq.1)
AND
- Labeling requirements issued under Federal Seed Act
by the United States Department of Agriculture1
Is formed to a specific shape or design during
manufacture for a particular end use function
AND
Releases only trace amounts of a hazardous
chemical during normal use and doesn't pose a physical or health
risk to employees.
Chemical
An element or mixture of elements
OR
A compound or mixture of compounds
OR
A mixture of elements and compounds
Included are manufactured items (such
as bricks, welding rods and sheet metal) that aren't exempt as
an article.
Chemical name
The scientific designation
of a chemical developed by the
- International union of pure and applied
chemistry (IUPAC)
OR
- 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:
Bags
Barrels
Bottles
Boxes
Cans
Cylinders
Drums
Reaction vessels
Storage tanks
Rail cars.
Designated representative
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.
Distributor
A business that supplies hazardous chemicals
to other employers. Included are employers who conduct retail
and wholesale transactions.
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.
Flammable
A chemical in one of the following categories:
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%, by volume, or less
OR
- Range of flammable
mixtures with air wider than 12%, by volume, regardless
of the lower limit
Liquids with a flashpoint below 100 °F (37.8
°C). A mixture with at least 99% of its components 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 1/10th 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. Use this 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, Z11.7-1979 (ASTM D 93-79)
Setaflash closed tester. See American National
Standard Method of Test for Flashpoint 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.
Hazardous chemical
A chemical, which is a physical or health
hazard.
Hazard warning
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 hazards (including target organ effects) associated with
chemicals 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 aren't 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 that can damage the lungs, skin,
eyes, or mucous membranes.
Identity
A chemical or common name listed on the
material safety data sheet (MSDS) and label.
Importer
The first business, within the Customs
Territory of the United States, that receives hazardous chemicals
produced in other countries and supplies them to manufacturers,
distributors or employers within the United States.
Label
Written, printed, or graphic material
displayed on, or attached to, a container of hazardous chemicals.
Manufacturer
An employer with a workplace where one
or more chemicals (including items not exempt as "articles,"
see Table 1 in this part) are produced for use or distribution.
Material safety data sheet (MSDS)
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 identify after being combined.
Organic peroxide
An organic compound containing the bivalent-O-O-
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 29 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.
Airborne concentrations of substances
established by the American Conference of Governmental Industrial
Hygienists (ACGIH), and represent conditions under which it's
believed that nearly all workers may be repeatedly exposed day
after day without adverse health effects.
TLVs are specified in the most recent
edition of the Threshold Limit Values for Chemical Substances
and Physical Agents and Biological Exposure Indices and include
the following categories:
Threshold limit value-time-weighted average
(TLV-TWA)
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.
Use
To do one or more of the following:
Package
Handle
React
Emit
Extract
Generate as a by-product
Transfer.
Water-reactive
A chemical that reacts with water to
release a gas that is either flammable or presents a heath hazard.