(1) Chemical manufacturers and importers must evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the chemical manufacturer or importer must determine the hazard classes, and where appropriate, the category of each class that apply to the chemical being classified. Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the chemical manufacturer or importer for the chemical to satisfy this requirement.
(2) Chemical manufacturers, importers or employers classifying chemicals must identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. There is no requirement to test the chemical to determine how to classify its hazards. WAC 296-901-14022
, Appendix A—Health hazard criteria must be consulted for classification of health hazards, and WAC 296-901-14024
, Appendix B—Physical hazard criteria must be consulted for the classification of physical hazards.
(a) Chemical manufacturers, importers, or employers evaluating chemicals must follow the procedures described in WAC 296-901-14022
, Appendix A—Health hazard criteria and WAC 296-901-14024
, Appendix B—Physical hazard criteria to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section.
(b) When classifying mixtures they produce or import, chemical manufacturers and importers of mixtures may rely on the information provided on the current safety data sheets of the individual ingredients, except where the chemical manufacturer or importer knows, or in the exercise of reasonable diligence should know, that the safety data sheet misstates or omits information required by this section.
[Statutory Authority: RCW 49.17.010
and 29 C.F.R. 1910 Subpart Z. WSR 14-07-086, § 296-901-14008, filed 3/18/14, effective 5/1/14; WSR 13-06-050, § 296-901-14008, filed 3/5/13, effective 4/15/13.]