OSHA 1926.59 - Hazard communication

(a) Purpose. (1) The purpose of this section is to ensure that the hazards
of all chemicals produced or imported are evaluated, and that information
concerning their hazards is transmitted to employers and employees. 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.

(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. Evaluating the
potential hazards of chemicals, and communicating information concerning
hazards and appropriate protective measures to employees, may include, for
example, but is not limited to, provisions for: developing and maintaining a
written hazard communication program for the workplace, including lists of
hazardous chemicals present; labeling of containers of chemicals in the
workplace, as well as of containers of chemicals being shipped to other
workplaces; preparation and distribution of material safety data sheets to
employees and downstream employers; and development and implementation of
employee training programs regarding hazards of chemicals and protective
measures. 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.

(b) Scope and application. (1) This section requires chemical manufacturers
or importers to assess the hazards of chemicals which they produce or
import, and all employers to provide information to their employees about
the hazardous chemicals to which they are exposed, by means of a hazard
communication program, labels and other forms of warning, material safety
data sheets, and information and training. In addition, this section
requires distributors to transmit the required information to employers.
(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. Appendix E of this section is a
general guide for such employers to help them determine their compliance
obligations under the rule.)

(b)(2) This section applies to any chemical which is known to be present in
the workplace in such a manner that employees may be exposed under normal
conditions of use or in a foreseeable emergency.

(b)(3) This section applies to laboratories only as follows:

(b)(3)(i) Employers shall ensure that labels on incoming containers of
hazardous chemicals are not removed or defaced;

(b)(3)(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;

(b)(3)(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,

(b)(3)(iv) Laboratory employers that ship hazardous chemicals are considered
to be either a chemical manufacturer or a distributor under this rule, and
thus must ensure that any containers of hazardous chemicals leaving the
laboratory are labeled in accordance with paragraph (f)(1) of this section,
and that a material safety data sheet is provided to distributors and other
employers in accordance with paragraphs (g)(6) and (g)(7) of this section.

(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:

(b)(4)(i) Employers shall ensure that labels on incoming containers of
hazardous chemicals are not removed or defaced;

(b)(4)(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,

(b)(4)(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.

(b)(5) This section does not require labeling of the following chemicals:

(b)(5)(i) Any pesticide as such term is 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;

(b)(5)(ii) Any chemical substance or mixture as such terms are defined in
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject to
the labeling requirements of that Act and labeling regulations issued under
that Act by the Environmental Protection Agency;

(b)(5)(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. 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;

(b)(5)(iv) Any distilled spirits (beverage alcohols), wine, or malt beverage
intended for nonindustrial use, as such terms are 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;

(b)(5)(v) Any consumer product or hazardous substance as those terms are
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 standard or labeling requirement
of those Acts, or regulations issued under those Acts by the Consumer
Product Safety Commission; and,

(b)(5)(vi) 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 regulations issued under that Act by the Department of
Agriculture.

(b)(6) This section does not apply to: (i) Any hazardous waste as such term
is 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;

(b)(6)(ii) Any hazardous substance as such term is 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.

(b)(6)(iii) Tobacco or tobacco products;

(b)(6)(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);

(b)(6)(v) Articles (as that term is defined in paragraph (c) of this
section);

(b)(6)(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;

(b)(6)(vii) Any drug, as that term is 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 (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);

(b)(6)(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;

(b)(6)(ix) Any consumer product or hazardous substance, as those terms are
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,
where the employer 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 which is not greater
than the range of exposures that could reasonably be experienced by
consumers when used for the purpose intended;

(b)(6)(x) Nuisance particulates where the chemical manufacturer or importer
can establish that they do not pose any physical or health hazard covered
under this section;

(b)(6)(xi) Ionizing and nonionizing radiation; and,

(b)(6)(xii) Biological hazards.

(c) Definitions.

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.

Assistant Secretary means the Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, or designee.

Chemical means any element, chemical compound or mixture of elements and/or
compounds.

Chemical manufacturer means an employer with a workplace where chemical(s)
are produced for use or distribution.

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.

Combustible liquid means any liquid having a flashpoint at or above 100 °F
(37.8 °C), but below 200 °F (93.3 °C), except any mixture having components
with flashpoints of 200 °F (93.3 °C), or higher, the total volume of which
make up 99 percent or more of the total volume of the mixture.

Commercial account means an arrangement whereby a retail distributor sells
hazardous chemicals to an employer, generally in large quantities over time
and/or at costs that are below the regular retail price.

Common name means any designation or identification such as code name, code
number, trade name, brand name or generic name used to identify a chemical
other than by its chemical name.

Compressed gas means:

(i) A gas or mixture of gases having, in a container, an absolute pressure
exceeding 40 psi at 70 °F (21.1 °C); or

(ii) A gas or mixture of gases having, in a container, an absolute pressure
exceeding 104 psi at 130 °F (54.4 °C) regardless of the pressure at 70 °F
(21.1 °C); or

(iii) A liquid having a vapor pressure exceeding 40 psi at 100 °F (37.8 °C)
as determined by ASTM D-323-72.

Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction
vessel, storage tank, or the like that contains a hazardous chemical. For
purposes of this section, pipes or piping systems, and engines, fuel tanks,
or other operating systems in a vehicle, are not considered to be containers.

Designated representative means any individual or organization to whom an
employee gives written authorization to exercise such employee's rights
under this section. A recognized or certified collective bargaining agent
shall be treated automatically as a designated representative without regard
to written employee authorization.

Director means the Director, National Institute for Occupational Safety and
Health, U.S. Department of Health and Human Services, or designee.

Distributor means a business, other than a chemical manufacturer or
importer, which supplies hazardous chemicals to other distributors or to
employers.

Employee means a worker who may be exposed to hazardous chemicals under
normal operating conditions or in foreseeable emergencies. Workers such as
office workers or bank tellers who encounter hazardous chemicals only in
non-routine, isolated instances are not covered.

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.

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.

Exposure or exposed means that an employee is subjected in the course of
employment to a chemical that is a physical or health hazard, and includes
potential (e.g. accidental or possible) exposure. "Subjected" in terms of
health hazards includes any route of entry (e.g. inhalation, ingestion,
skin contact or absorption.)

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;

(ii) Gas, flammable means: (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

(B) A gas that, at ambient temperature and pressure, forms a range of
flammable mixtures with air wider than twelve (12) percent by volume,
regardless of the lower limit;

(iii) Liquid, flammable means any liquid having a flashpoint below 100 °F
(37.8 °C), except any mixture having components with flashpoints of 100 °F
(37.8 °C) or higher, the total of which make up 99 percent or more of the
total volume of the mixture.

(iv) Solid, flammable means a solid, other than a blasting agent or
explosive as defined in §1910.109(a), that is liable to cause fire through
friction, absorption of moisture, spontaneous chemical change, or retained
heat from manufacturing or processing, or which can be ignited readily and
when ignited burns so vigorously and persistently as to create a serious
hazard. 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.

Flashpoint means the minimum temperature at which a liquid gives off a
vapor in sufficient concentration to ignite when tested as follows:

(i) Tagliabue Closed Tester (See American National Standard Method of Test
for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for
liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at
100 °F (37.8 °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
°F (37.8 °C), or that contain suspended solids, or that have a tendency to
form a surface film under test; or

(iii) 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 autoaccelerating thermal decomposition, are
excluded from any of the flashpoint determination methods specified above.

Foreseeable emergency means any potential occurrence such as, but not
limited to, equipment failure, rupture of containers, or failure of control
equipment which could result in an uncontrolled release of a hazardous
chemical into the workplace.

Hazardous chemical means any chemical which is a physical hazard or a health
hazard.

Hazard warning means any words, pictures, symbols, or combination thereof
appearing on a label or other appropriate form of warning which convey the
specific physical and health hazard(s), including target organ effects, of
the chemical(s) in the container(s). (See the definitions for "physical
hazard" and "health hazard" to determine the hazards which must be covered.)

Health hazard means a chemical for which there is statistically significant
evidence based on at least one study conducted in accordance with
established scientific principles that acute or chronic health effects may
occur in exposed employees. The term "health hazard" includes chemicals
which are carcinogens, toxic or highly toxic agents, reproductive toxins,
irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins,
agents which act on the hematopoietic system, and agents which damage the
lungs, skin, eyes, or mucous membranes. Appendix A provides further
definitions and explanations of the scope of health hazards covered by this
section, and Appendix B describes the criteria to be used to determine
whether or not a chemical is to be considered hazardous for purposes of this
standard.

Identity means any chemical or common name which is indicated on the
material safety data sheet (MSDS) for the chemical. The identity used shall
permit cross-references to be made among the required list of hazardous
chemicals, the label and the MSDS.

Immediate use means that the hazardous chemical will be under the control of
and used only by the person who transfers it from a labeled container and
only within the work shift in which it is transferred.

Importer means the first business with employees within the Customs
Territory of the United States which receives hazardous chemicals produced
in other countries for the purpose of supplying them to distributors or
employers within the United States.

Label means any written, printed, or graphic material displayed on or
affixed to containers of hazardous chemicals.

Material safety data sheet (MSDS) means written or printed material
concerning a hazardous chemical which is prepared in accordance with
paragraph (g) of this section.

Mixture means any combination of two or more chemicals if the combination
is not, in whole or in part, the result of a chemical reaction.

Organic peroxide means an organic compound that contains the bivalent
-O-O-structure and which may be considered to be a structural derivative of
hydrogen peroxide where one or both of the hydrogen atoms has been replaced
by an organic radical.

Oxidizer means a chemical other than a blasting agent or explosive as
defined in §1910.109(a), that initiates or promotes combustion in other
materials, thereby causing fire either of itself or through the release of
oxygen or other gases.

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.

Produce means to manufacture, process, formulate, blend, extract, generate,
emit, or repackage.

Pyrophoric means a chemical that will ignite spontaneously in air at a
temperature of 130 °F (54.4 °C) or below.

Responsible party means someone who can provide additional information on
the hazardous chemical and appropriate emergency procedures, if necessary.

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.

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. Appendix D sets out the
criteria to be used in evaluating trade secrets.

Unstable (reactive) means a chemical which in the pure state, or as produced
or transported, will vigorously polymerize, decompose, condense, or will
become self-reactive under conditions of shocks, pressure or temperature.

Use means to package, handle, react, emit, extract, generate as a byproduct,
or transfer.

Water-reactive means a chemical that reacts with water to release a gas
that is either flammable or presents a health hazard.

Work area means a room or defined space in a workplace where hazardous
chemicals are produced or used, and where employees are present.

Workplace means an establishment, job site, or project, at one geographical
location containing one or more work areas.

(d) Hazard determination. (1) Chemical manufacturers and importers shall
evaluate chemicals produced in their workplaces or imported by them to
determine if they are hazardous. Employers are not required to evaluate
chemicals unless they choose not to rely on the evaluation performed by the
chemical manufacturer or importer for the chemical to satisfy this
requirement.

(d)(2) Chemical manufacturers, importers or employers evaluating chemicals
shall identify and consider the available scientific evidence concerning
such hazards. 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. Appendix A shall be
consulted for the scope of health hazards covered, and Appendix B shall be
consulted for the criteria to be followed with respect to the completeness
of the evaluation, and the data to be reported.

(d)(3) The chemical manufacturer, importer or employer evaluating chemicals
shall treat the following sources as establishing that the chemicals listed
in them are hazardous:

(d)(3)(i) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances,
Occupational Safety and Health Administration (OSHA); or,

(d)(3)(ii) Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment, American Conference of Governmental
Industrial Hygienists (ACGIH) (latest edition). The chemical manufacturer,
importer, or employer is still responsible for evaluating the hazards
associated with the chemicals in these source lists in accordance with the
requirements of this standard.

(d)(4) Chemical manufacturers, importers and employers evaluating chemicals
shall treat the following sources as establishing that a chemical is a
carcinogen or potential carcinogen for hazard communication purposes:

(d)(4)(i) National Toxicology Program (NTP), Annual Report on Carcinogens
(latest edition);

(d)(4)(ii) International Agency for Research on Cancer (IARC) Monographs
(latest editions); or

(d)(4)(iii) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances,
Occupational Safety and Health Administration.

Note: The Registry of Toxic Effects of Chemical Substances published by the
National Institute for Occupational Safety and Health indicates whether a
chemical has been found by NTP or IARC to be a potential carcinogen.

(d)(5) The chemical manufacturer, importer or employer shall determine the
hazards of mixtures of chemicals as follows:

(d)(5)(i) If a mixture has been tested as a whole to determine its hazards,
the results of such testing shall be used to determine whether the mixture
is hazardous;

(d)(5)(ii) If a mixture has not been tested as a whole to determine whether
the mixture is a health hazard, the mixture shall be assumed to present the
same health hazards as do the components which comprise one percent (by
weight or volume) or greater of the mixture, except that the mixture shall
be assumed to present a carcinogenic hazard if it contains a component in
concentrations of 0.1 percent or greater which is considered to be a
carcinogen under paragraph (d)(4) of this section;

(d)(5)(iii) If a mixture has not been tested as a whole to determine whether
the mixture is a physical hazard, the chemical manufacturer, importer, or
employer may use whatever scientifically valid data is available to evaluate
the physical hazard potential of the mixture; and,

(d)(5)(iv) If the chemical manufacturer, importer, or employer has evidence
to indicate that a component present in the mixture in concentrations of
less than one percent (or in the case of carcinogens, less than 0.1 percent)
could be released in concentrations which would exceed an established OSHA
permissible exposure limit or ACGIH Threshold Limit Value, or could present
a health risk to employees in those concentrations, the mixture shall be
assumed to present the same hazard.

(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. The written procedures are to be made
available, upon request, to employees, their designated representatives, the
Assistant Secretary and the Director. The written description may be
incorporated into the written hazard communication program required under
paragraph (e) of this section.

(e) Written hazard communication program. (1) Employers shall develop,
implement, and maintain at each workplace, a written hazard communication
program which at least describes how the criteria specified in paragraphs
(f), (g), and (h) of this section for labels and other forms of warning,
material safety data sheets, and employee information and training will be
met, and which also includes the following:

(e)(1)(i) A list of the hazardous chemicals known to be present using an
identity that is referenced on the appropriate material safety data sheet
(the list may be compiled for the workplace as a whole or for individual
work areas); and,

(e)(1)(ii) The methods the employer will use to inform employees of the
hazards of non-routine tasks (for example, the cleaning of reactor vessels),
and the hazards associated with chemicals contained in unlabeled pipes in
their work areas.

(e)(2) Multi-employer workplaces. 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:

(e)(2)(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;

(e)(2)(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,

(e)(2)(iii) The methods the employer will use to inform the other
employer(s) of the labeling system used in the workplace.

(e)(3) The employer may rely on an existing hazard communication program to
comply with these requirements, provided that it meets the criteria
established in this paragraph (e).

(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 1910.20(e).

(e)(5) Where employees must travel between workplaces during a workshift,
i.e., their work is carried out at more than one geographical location, the
written hazard communication program may be kept at the primary workplace
facility.

(f) Labels and other forms of warning. (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:

(f)(1)(i) Identity of the hazardous chemical(s);

(f)(1)(ii) Appropriate hazard warnings; and

(f)(1)(iii) Name and address of the chemical manufacturer, importer, or
other responsible party.

(f)(2)(i) For solid metal (such as a steel beam or a metal casting), solid
wood, or plastic items that are not exempted as articles due to their
downstream use, or shipments of whole grain, the required label may be
transmitted to the customer at the time of the initial shipment, and need
not be included with subsequent shipments to the same employer unless the
information on the label changes;

(f)(2)(ii) The label may be transmitted with the initial shipment itself, or
with the material safety data sheet that is to be provided prior to or at
the time of the first shipment; and,

(f)(2)(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).

(f)(3) Chemical manufacturers, importers, or distributors shall ensure that
each container of hazardous chemicals leaving the workplace is labeled,
tagged, or marked in accordance with this section in a manner which does not
conflict with the requirements of the Hazardous Materials Transportation Act
(49 U.S.C. 1801 et seq.) and regulations issued under that Act by the
Department of Transportation.

(f)(4) If the hazardous chemical is regulated by OSHA in a
substance-specific health standard, the chemical manufacturer, importer,
distributor or employer shall ensure that the labels or other forms of
warning used are in accordance with the requirements of that standard.

(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:

(f)(5)(i) Identity of the hazardous chemical(s) contained therein; and,

(f)(5)(ii) Appropriate hazard warnings, or alternatively, words, pictures,
symbols, or combination thereof, which provide at least general information
regarding the hazards of the chemicals, and which, in conjunction with the
other information immediately available to employees under the hazard
communication program, will provide employees with the specific information
regarding the physical and health hazards of the hazardous chemical.

(f)(6) The employer may use signs, placards, process sheets, batch tickets,
operating procedures, or other such written materials in lieu of affixing
labels to individual stationary process containers, as long as the
alternative method identifies the containers to which it is applicable and
conveys the information required by paragraph (f)(5) of this section to be
on a label. The written materials shall be readily accessible to the
employees in their work area throughout each work shift.

(f)(7) The employer is not required to label portable containers into which
hazardous chemicals are transferred from labeled containers, and which are
intended only for the immediate use of the employee who performs the
transfer. 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.

(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.

(f)(9) The employer shall ensure 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. 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.

(f)(10) The chemical manufacturer, importer, distributor or employer need
not affix new labels to comply with this section if existing labels already
convey the required information.

(f)(11) Chemical manufacturers, importers, distributors, or employers who
become newly aware of any significant information regarding the hazards of a
chemical shall revise the labels for the chemical within three months of
becoming aware of the new information. Labels on containers of hazardous
chemicals shipped after that time shall contain the new information. 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.

(g) Material safety data sheets. (1) Chemical manufacturers and importers
shall obtain or develop a material safety data sheet for each hazardous
chemical they produce or import. Employers shall have a material safety data
sheet in the workplace for each hazardous chemical which they use.

(g)(2) Each material safety data sheet shall be in English (although the
employer may maintain copies in other languages as well), and shall contain
at least the following information:

(g)(2)(i) The identity used on the label, and, except as provided for in
paragraph (i) of this section on trade secrets:

(g)(2)(i)(A) If the hazardous chemical is a single substance, its chemical
and common name(s);

(g)(2)(i)(B) If the hazardous chemical is a mixture which has been tested as
a whole to determine its hazards, the chemical and common name(s) of the
ingredients which contribute to these known hazards, and the common name(s)
of the mixture itself; or,

(g)(2)(i)(C) If the hazardous chemical is a mixture which has not been
tested as a whole:

(g)(2)(i)(C)(1) The chemical and common name(s) of all ingredients which
have been determined to be health hazards, and which comprise 1% or greater
of the composition, except that chemicals identified as carcinogens under
paragraph (d) of this section shall be listed if the concentrations are 0.1%
or greater; and,

(g)(2)(i)(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,

(g)(2)(i)(C)(3) The chemical and common name(s) of all ingredients which
have been determined to present a physical hazard when present in the
mixture;

(g)(2)(ii) Physical and chemical characteristics of the hazardous chemical
(such as vapor pressure, flash point);

(g)(2)(iii) The physical hazards of the hazardous chemical, including the
potential for fire, explosion, and reactivity;

(g)(2)(iv) The health hazards of the hazardous chemical, including signs and
symptoms of exposure, and any medical conditions which are generally
recognized as being aggravated by exposure to the chemical;

(g)(2)(v) The primary route(s) of entry;

(g)(2)(vi) The OSHA permissible exposure limit, ACGIH Threshold Limit Value,
and any other exposure limit used or recommended by the chemical
manufacturer, importer, or employer preparing the material safety data
sheet, where available;

(g)(2)(vii) Whether the hazardous chemical is listed in the National
Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or
has been found to be a potential carcinogen in the International Agency for
Research on Cancer (IARC) Monographs (latest editions), or by OSHA;

(g)(2)(viii) Any generally applicable precautions for safe handling and use
which are known to the chemical manufacturer, importer or employer preparing
the material safety data sheet, including appropriate hygienic practices,
protective measures during repair and maintenance of contaminated equipment,
and procedures for clean-up of spills and leaks;

(g)(2)(ix) Any generally applicable control measures which are known to the
chemical manufacturer, importer or employer preparing the material safety
data sheet, such as appropriate engineering controls, work practices, or
personal protective equipment;

(g)(2)(x) Emergency and first aid procedures;

(g)(2)(xi) The date of preparation of the material safety data sheet or the
last change to it; and,

(g)(2)(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.

(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.

(g)(4) Where complex mixtures have similar hazards and contents (i.e. the
chemical ingredients are essentially the same, but the specific composition
varies from mixture to mixture), the chemical manufacturer, importer or
employer may prepare one material safety data sheet to apply to all of these
similar mixtures.

(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. If the chemical manufacturer, importer or employer preparing
the material safety data sheet becomes newly aware of any significant
information regarding the hazards of a chemical, or ways to protect against
the hazards, this new information shall be added to the material safety data
sheet within three months. 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.

(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;

(g)(6)(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;

(g)(6)(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,

(g)(6)(iv) The chemical manufacturer or importer shall also provide
distributors or employers with a material safety data sheet upon request.

(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;

(g)(7)(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;

(g)(7)(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;

(g)(7)(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;

(g)(7)(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;

(g)(7)(vi) Wholesale distributors shall also provide material safety data
sheets to employers or other distributors upon request; and,

(g)(7)(vii) Chemical manufacturers, importers, and distributors need not
provide material safety data sheets to retail distributors that have
informed them that the retail distributor does not sell the product to
commercial accounts or open the sealed container to use it in their own
workplaces.

(g)(8) The employer shall maintain in the workplace copies of the required
material safety data sheets for each hazardous chemical, and shall ensure
that they are readily accessible during each work shift to employees when
they are in their work area(s). (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.)

(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.
In this situation, the employer shall ensure that employees can immediately
obtain the required information in an emergency.

(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. However,
the employer shall ensure that in all cases the required information is
provided for each hazardous chemical, and is readily accessible during each
work shift to employees when they are in in their work area(s).

(g)(11) Material safety data sheets shall also be made readily available,
upon request, to designated representatives and to the Assistant Secretary,
in accordance with the requirements of 29 CFR 1910.20(e). The Director shall
also be given access to material safety data sheets in the same manner.

(h) Employee information and training. (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. Information and training may be
designed to cover categories of hazards (e.g., flammability,
carcinogenicity) or specific chemicals. Chemical-specific information must
always be available through labels and material safety data sheets.

(h)(2) Information. Employees shall be informed of:

(h)(2)(i) The requirements of this section;

(h)(2)(ii) Any operations in their work area where hazardous chemicals are
present; and,

(h)(2)(iii) The location and availability of the written hazard
communication program, including the required list(s) of hazardous
chemicals, and material safety data sheets required by this section.

(h)(3) Training. Employee training shall include at least:

(h)(3)(i) Methods and observations that may be used to detect the presence
or release of a hazardous chemical in the work area (such as monitoring
conducted by the employer, continuous monitoring devices, visual appearance
or odor of hazardous chemicals when being released, etc.);

(h)(3)(ii) The physical and health hazards of the chemicals in the work area;

(h)(3)(iii) The measures employees can take to protect themselves from these
hazards, including specific procedures the employer has implemented to
protect employees from exposure to hazardous chemicals, such as appropriate
work practices, emergency procedures, and personal protective equipment to
be used; and,

(h)(3)(iv) The details of the hazard communication program developed by the
employer, including an explanation of the labeling system and the material
safety data sheet, and how employees can obtain and use the appropriate
hazard information.

(i) Trade secrets. (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)(1)(i) The claim that the information withheld is a trade secret can be
supported;

(i)(1)(ii) Information contained in the material safety data sheet
concerning the properties and effects of the hazardous chemical is disclosed;

(i)(1)(iii) The material safety data sheet indicates that the specific
chemical identity is being withheld as a trade secret; and,

(i)(1)(iv) The specific chemical identity is made available to health
professionals, employees, and designated representatives in accordance with
the applicable provisions of this paragraph.

(i)(2) Where a treating physician or nurse determines that a medical
emergency exists and the specific chemical identity of a hazardous chemical
is necessary for emergency or first-aid treatment, the chemical
manufacturer, importer, or employer shall immediately disclose the specific
chemical identity of a trade secret chemical to that treating physician or
nurse, regardless of the existence of a written statement of need or a
confidentiality agreement. 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.

(i)(3) In non-emergency situations, a chemical manufacturer, importer, or
employer shall, upon request, disclose a specific chemical identity,
otherwise permitted to be withheld under paragraph (i)(1) of this section,
to a health professional (i.e. physician, industrial hygienist,
toxicologist, epidemiologist, or occupational health nurse) providing
medical or other occupational health services to exposed employee(s), and to
employees or designated representatives, if:

(i)(3)(i) The request is in writing;

(i)(3)(ii) The request describes with reasonable detail one or more of the
following occupational health needs for the information:

(i)(3)(ii)(A) To assess the hazards of the chemicals to which employees will
be exposed;

(i)(3)(ii)(B) To conduct or assess sampling of the workplace atmosphere to
determine employee exposure levels;

(i)(3)(ii)(C) To conduct pre-assignment or periodic medical surveillance of
exposed employees;

(i)(3)(ii)(D) To provide medical treatment to exposed employees;

(i)(3)(ii)(E) To select or assess appropriate personal protective equipment
for exposed employees;

(i)(3)(ii)(F) To design or assess engineering controls or other protective
measures for exposed employees; and,

(i)(3)(ii)(G) To conduct studies to determine the health effects of exposure.

(i)(3)(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:

(i)(3)(iii)(A) The properties and effects of the chemical;

(i)(3)(iii)(B) Measures for controlling workers' exposure to the chemical;

(i)(3)(iii)(C) Methods of monitoring and analyzing worker exposure to the
chemical; and,

(i)(3)(iii)(D) Methods of diagnosing and treating harmful exposures to the
chemical;

(i)(3)(iv) The request includes a description of the procedures to be used
to maintain the confidentiality of the disclosed information; and,

(i)(3)(v) The health professional, and the employer or contractor of the
services of the health professional (i.e. 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.

(i)(4) The confidentiality agreement authorized by paragraph (i)(3)(iv) of
this section:

(i)(4)(i) May restrict the use of the information to the health purposes
indicated in the written statement of need;

(i)(4)(ii) May provide for appropriate legal remedies in the event of a
breach of the agreement, including stipulation of a reasonable pre-estimate
of likely damages; and,

(i)(4)(iii) May not include requirements for the posting of a penalty bond.

(i)(5) Nothing in this standard is meant to preclude the parties from
pursuing non-contractual remedies to the extent permitted by law.

(i)(6) If the health professional, employee, or designated representative
receiving the trade secret information decides that there is a need to
disclose it to OSHA, the chemical manufacturer, importer, or employer who
provided the information shall be informed by the health professional,
employee, or designated representative prior to, or at the same time as,
such disclosure.

(i)(7) If the chemical manufacturer, importer, or employer denies a written
request for disclosure of a specific chemical identity, the denial must:

(i)(7)(i) Be provided to the health professional, employee, or designated
representative, within thirty days of the request;

(i)(7)(ii) Be in writing;

(i)(7)(iii) Include evidence to support the claim that the specific chemical
identity is a trade secret;

(i)(7)(iv) State the specific reasons why the request is being denied; and,

(i)(7)(v) Explain in detail how alternative information may satisfy the
specific medical or occupational health need without revealing the specific
chemical identity.

(i)(8) The health professional, employee, or designated representative whose
request for information is denied under paragraph (i)(3) of this section may
refer the request and the written denial of the request to OSHA for
consideration.

(i)(9) When a health professional, employee, or designated representative
refers the denial to OSHA under paragraph (i)(8) of this section, OSHA shall
consider the evidence to determine if:

(i)(9)(i) The chemical manufacturer, importer, or employer has supported the
claim that the specific chemical identity is a trade secret;

(i)(9)(ii) The health professional, employee, or designated representative
has supported the claim that there is a medical or occupational health need
for the information; and,

(i)(9)(iii) The health professional, employee or designated representative
has demonstrated adequate means to protect the confidentiality.

(i)(10)(i) If OSHA determines that the specific chemical identity requested
under paragraph (i)(3) of this section is not a bona fide trade secret, or
that it is a trade secret, but the requesting health professional, employee,
or designated representative has a legitimate medical or occupational health
need for the information, has executed a written confidentiality agreement,
and has shown adequate means to protect the confidentiality of the
information, the chemical manufacturer, importer, or employer will be
subject to citation by OSHA.

(i)(10)(ii) If a chemical manufacturer, importer, or employer demonstrates
to OSHA that the execution of a confidentiality agreement would not provide
sufficient protection against the potential harm from the unauthorized
disclosure of a trade secret specific chemical identity, the Assistant
Secretary may issue such orders or impose such additional limitations or
conditions upon the disclosure of the requested chemical information as may
be appropriate to assure that the occupational health services are provided
without an undue risk of harm to the chemical manufacturer, importer, or
employer.

(i)(11) If a citation for a failure to release specific chemical identity
information is contested by the chemical manufacturer, importer, or
employer, the matter will be adjudicated before the Occupational Safety and
Health Review Commission in accordance with the Act's enforcement scheme and
the applicable Commission rules of procedure. In accordance with the
Commission rules, when a chemical manufacturer, importer, or employer
continues to withhold the information during the contest, the Administrative
Law Judge may review the citation and supporting documentation in camera or
issue appropriate orders to protect the confidentiality of such matters.

(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. Where there is a
trade secret claim, such claim shall be made no later than at the time the
information is provided to the Assistant Secretary so that suitable
determinations of trade secret status can be made and the necessary
protections can be implemented.

(i)(13) Nothing in this paragraph shall be construed as requiring the
disclosure under any circumstances of process or percentage of mixture
information which is a trade secret.

(j) Effective dates. Chemical manufacturers, importers, distributors, and
employers shall be in compliance with all provisions of this section by
March 11, 1994.

Note: The effective date of the clarification that the exemption of wood and
wood products from the Hazard Communication standard in paragraph (b)(6)(iv)
only applies to wood and wood products including lumber which will not be
processed, where the manufacturer or importer can establish that the only
hazard they pose to employees is the potential for flammability or
combustibility, and that the exemption does not apply to 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
has been stayed from March 11, 1994 to August 11, 1994.

(Approved by the Office of Management and Budget under Control No. 1218-0072)


[59 FR 6126, Feb. 9, 1994; 59 FR 17478, Apr. 13, 1994; 59 FR 65947, Dec. 22,
1994]