(d) so far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is … F (37.8 deg. (i)(12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manufacturer, importer, or employer to make available. Chemical manufacturers, importers, distributors, and employers shall be in compliance with all provisions of this section by March 11, 1994. ACT F (21.1 deg. For the purpose of work carried out under this section, the safety and health regulations in part 1915 of this title, Shipyard Employment, shall apply. C), or that contain suspended solids, or that have a tendency to form a surface film under test; or. The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of paragraphs (i)(3) and (4) of this section, as soon as circumstances permit. (h)(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. For purposes of this section, drugs which are dispensed by a pharmacy to a health care provider for direct administration to a patient are exempted from labeling. For specific requirements, OSHA refers to consensus standard ANSI Z358.1-1990 through the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act. 1.1* Scope. "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. (e) Written hazard communication program. ), when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies); (viii) Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace; (ix) Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2. ��ID �^ ��bM �A,F҈�� p� (v) The health professional, and the employer or contractor of the services of the health professional (i.e. The American Heart Association is pleased to announce that the official 2020 American Heart Association Guidelines for CPR & Emergency Cardiovascular Care (2020 AHA Guidelines for CPR & ECC) will be published online in the AHA’s flagship journal, Circulation, on Wednesday, October 21, 2020. respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission; and. (G) To conduct studies to determine the health effects of exposure. C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or, (ii) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100 deg. General duties of employers and self-employed persons to their employees. 66 of 1995 . Mar 18, 1999. Amendment of laws 99. (f)(1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (i) Identity of the hazardous chemical(s); (iii) Name and address of the chemical manufacturer, importer, or other responsible party. (h)(2) Information. (g)(6)(i) Chemical manufacturers or importers shall ensure that distributors and employers are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated; (ii) The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment; (iii) If the material safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor or employer shall obtain one from the chemical manufacturer or importer as soon as possible; and. In addition, this section requires distributors to transmit the required information to employers. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. "Responsible party" means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. (f)(5) Except as provided in paragraphs (f)(6) and (f)(7) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with the following information: Identity of the hazardous chemical(s) contained therein; and. (ii) Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). Person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interest of safety, health and welfare in pursuance of this Act shall be guilty of an offence who can be fined RM20k and jail term not exceeding 2 years or both (d)(6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate. Section 31, continue; or any dangerous occurrence takes place in any factory or in connection with any machinery, the occupier shall report the accident or dangerous occurrence to the Inspector having jurisdiction for the area in which the accident or dangerous occurrence has taken place by the quickest means available and subsequently with the least possible delay, report in writing to the … If the chemical is not currently being produced or imported the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced into the workplace again. (12) The provisions of section 31 of the Standards Act, 1993 (Act No. (Electronic access, microfiche, and other alternatives to maintaining paper copies of the material safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.). 1. Examples of case law in occupational safety and health (local and overseas). (iii) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)). (g)(7)(i) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and employers with their initial shipment and with the first shipment after a material safety data sheet is updated; (ii) The distributor shall either provide material safety data sheets with the shipped containers, or send them to the other distributor or employer prior to or at the time of the shipment; (iii) Retail distributors selling hazardous chemicals to employers having a commercial account shall provide a material safety data sheet to such employers upon request, and shall post a sign or otherwise inform them that a material safety data sheet is available; (iv) Wholesale distributors selling hazardous chemicals to employers over-the-counter may also provide material safety data sheets upon the request of the employer at the time of the over-the-counter purchase, and shall post a sign or otherwise inform such employers that a material safety data sheet is available; (v) If an employer without a commercial account purchases a hazardous chemical from a retail distributor not required to have material safety data sheets on file (i.e., the retail distributor does not have commercial accounts and does not use the materials), the retail distributor shall provide the employer, upon request, with the name, address, and telephone number of the chemical manufacturer, importer, or distributor from which a material safety data sheet can be obtained; (vi) Wholesale distributors shall also provide material safety data sheets to employers or other distributors upon request; and. Appendix E of this section is a general guide for such employers to help them determine their compliance obligations under the rule.). "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. Section 48: Improvement and prohibition notice ANI Engineering v Bolton [1987] 3 VIR 76. (g)(4) Where complex mixtures have similar hazards and contents (i.e. Under section 18 of the Act, no state or political subdivision of a state may adopt or enforce, through any court or agency, any requirement relating to the issue addressed by this Federal standard, except pursuant to a Federally-approved state plan. (g)(5) The chemical manufacturer, importer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. While the Act is an umbrella act to protect the safety and health of … F (54.4 deg. A.1.1 The following is a suggested procedure for determining the Code requirements for a building or structure: (1) Determine the occupancy classification by referring to the occupancy definitions in Chapter 6 and the occupancy Chapters 12 through 42. (v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity. (g)(10) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. 2601 et seq. For health hazards, evidence which is statistically significant and which is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section. (f)(8) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. View 2368 more results. 136 et seq. Chemical-specific information must always be available through labels and material safety data sheets. "Chemical manufacturer" means an employer with a workplace where chemical(s) are produced for use or distribution. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. (a)(2) This occupational safety and health standard is intended to address comprehensively the issue of evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legal requirements of a state, or political subdivision of a state, pertaining to this subject. 259 0 obj <> endobj If the chemical is not currently produced or imported, the chemical manufacturer, importers, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again. (1) The chemical manufacturer, importer, or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (i) The claim that the information withheld is a trade secret can be supported; (ii) Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; (iii) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret; and. Appendix D sets out the criteria to be used in evaluating trade secrets. h�bbd``b`� �@��N�$��� �� (b)(4) In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or retail sales), this section applies to these operations only as follows: (ii) Employers shall maintain copies of any material safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a material safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a material safety data sheet if an employee requests the material safety data sheet, and shall ensure that the material safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and. 0 Section 15. "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive. Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example, employees of a construction contractor working on-site) shall additionally ensure that the hazard communication programs developed and implemented under this paragraph (e) include the following: (i) The methods the employer will use to provide the other employer(s) on-site access to material safety data sheets for each hazardous chemical the other employer(s)' employees may be exposed to while working; (ii) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and. (i)(5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law. ASME and OSHA granted NCCCO permission for posting and printing selected sections from the following ASME and OSHA standards: • ASME B30.5 - Mobile and Locomotive Cranes • ASME B30.10 - Hooks • ASME B30.20 - Below-the-Hook Lifting Devices • OSHA 1910.184 - Slings • OSHA 1926.251 - Rigging Equipment for Material Handling (g)(9) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at the primary workplace facility. ), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; (iii) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products (e.g. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers. (iv) Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted); (v) Articles (as that term is defined in paragraph (c) of this section); (vi) Food or alcoholic beverages which 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; (vii) Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (2) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence that the ingredient(s) could be released from the mixture in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health risk to employees; and. 1993), do not apply to any incorporation of a health and safety standard or to any amendment or substitution of a health and safety standard under this section. "Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130 deg. F (54.4 deg. "Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard. (d)(1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous. (d)(2) Chemical manufacturers, importers or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards. 1261 et seq.) The Director shall also be given access to material safety data sheets in the same manner. (2) An occupier of a place of work to which this section applies shall employ a competent person to. (Employers who do not produce or import chemicals need only focus on those parts of this rule that deal with establishing a workplace program and communicating information to their workers. 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; (v) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 10. (b)(3) This section applies to laboratories only as follows: (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshift to laboratory employees when they are in their work areas; (iii) Employers shall ensure that laboratory employees are provided information and training in accordance with paragraph (h) of this section, except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section; and. C), except any mixture having components with flashpoints of 200 deg. H.R. (iii) This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grains). (iii) Employers shall ensure that employees are provided with information and training in accordance with paragraph (h) of this section (except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container. "Article" means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees. Explanation on all sections of OSHA 1994. (See the definitions for "physical hazard" and "health hazard" to determine the hazards which must be covered.). Labour Relations Act, No. (g)(3) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found. (e)(4) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.1020 (e). This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training. (iii) The request explains in detail why the disclosure of the specific chemical identity is essential and that, in lieu thereof, the disclosure of the following information to the health professional, employee, or designated representative, would not satisfy the purposes described in paragraph (i)(3)(ii) of this section: (A) The properties and effects of the chemical; (B) Measures for controlling workers' exposure to the chemical; (C) Methods of monitoring and analyzing worker exposure to the chemical; and. downstream employer, labor organization, or individual employee), employee, or designated representative, agree in a written confidentiality agreement that the health professional, employee, or designated representative, will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA, as provided in paragraph (i)(6) of this section, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer. "Specific chemical identity" means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance. "Employer" means a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor. "Trade secret" means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. 2051 et seq.) F (93.3 deg. (b) The road test shall be given by the motor carrier or a person designated by it. VOLUME 31 SYMPOSIUM 1994 NUMBER 1 HOUSTON LAW REVIEW ADDRESS OCCUPATIONAL SAFETY AND HEALTH ACT Ralph Nader* Table of Contents I. "Flammable" means a chemical that falls into one of the following categories: (i) "Aerosol, flammable" means an aerosol that, when tested by the method described in 16 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening; (A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or. 201 et seq.) Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. PROBLEMS UNDER THE CURRENT OSHA My task is to talk about the future of health and safety regulation and I want to do that with the … (2) Where a person is employed as a safety and health officer, he shall furnish the chairman of the (1) It shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees. [44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. (xii) The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. 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Gas or mixture of elements and/or compounds: Improvement and prohibition notice ANI Engineering v Bolton [ 1987 ] VIR!, NW, Washington, DC 20210 removal action being conducted under CERCLA in accordance with Environmental..., importers, distributors, and the MSDS in their work area throughout each work shift an employer osha 1994 section 31 material., distributors, and the employer shall ensure that employees can immediately obtain the information! ) determine if the building or structure is new or existing circumstances the... Determination methods specified above months or both as a designated representative without regard to employee. A tendency to form a surface film under test ; or to 21! Guidelines for CPR & ECC: the Virtual Experience a byproduct, that! Or structure is new or existing of … 9 a penalty bond any having... An emergency FR 8577, Feb. 9, 1979 ; 44 FR,... Conferred by G.S a penalty bond any route of entry ( e.g ; 44 FR 20940 Apr... 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