WSR 09-10-078

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 5, 2009, 4:30 p.m. , effective June 15, 2009 ]


Effective Date of Rule: June 15, 2009.

Purpose: WAC 296-800-170 Employer chemical hazard communication, the division of occupational safety and health (DOSH) is proposing to change existing language in WAC 296-800-170 Employer chemical hazard communication, to be as-effective-as the Federal Occupational Safety and Health Administration's (OSHA's) rule.

The hazard communication section was reformatted in 2001 during the adoption of the core rules and put into a new format. During that process, some items were inadvertently left out, resulting in a rule less-effective-than OSHA.

The proposed language in WAC 296-800-170 will meet L&I's statutory mandate to be as-effective-as the federal equivalent. The language being adopted is identical to federal OSHA language.

Citation of Existing Rules Affected by this Order: Amending WAC 296-800-170.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

Adopted under notice filed as WSR 09-03-094 on January 20, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 5, 2009.

Judy Schurke

Director

OTS-2094.1


AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-170   Employer chemical hazard communication -- Introduction.  

IMPORTANT:

Thousands of chemicals can be found in today's workplaces. These chemicals may have the capacity to cause health problems, from minor skin irritations to serious injuries or diseases like cancer. You should review the type of chemicals you use and consider using less hazardous chemicals (such as less toxic and nonflammable chemicals).

The Employer Chemical Hazard Communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.

This rule applies to:

Employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.

Contractors or subcontractors that work for employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.


Exemptions: (()) Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-800-17055 at the end of this rule to get complete information about these exemptions:
(( Any hazardous waste or substance))
Any hazardous waste as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that act by the Environmental Protection Agency.
Any hazardous substance as 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 the Environmental Protection Agency regulations.
Tobacco or tobacco products
Wood or wood products that are not chemically treated and will not be processed, for example, by sawing and sanding
Food or alcoholic beverages
Some drugs, such as retail or prescription medications
Retail cosmetics
Ionizing and nonionizing radiation
Biological hazards
Any consumer product or hazardous substance when workplace exposure is the same as that of a consumer
♦ Retail products used in offices in the same manner and frequency used by consumers can be termed "consumer products," and include things such as: Correction fluid, glass cleaner, and dishwashing liquid.
Example: If you use a household cleaner in your workplace in the same manner and frequency that a consumer would use it when cleaning their house, your exposure should be the same as the consumer's, you are exempt. A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be a consumer, and is not exempt.
Manufactured items that remain intact are exempt from this rule.
Manufactured items that are fluids or in the form of particles are not exempt from this rule.
The following are examples:

Item Covered by this rule Not covered by this rule
Brick Sawed or cut in half Used whole or intact
Pipe Cut by a torch Bent with a tube bender
Nylon Rope Burning the ends Tying a knot

Reference: If you produce, import, distribute and/or repackage chemicals, or choose not to rely on labels or material safety data sheets provided by the manufacturer or importer, you must comply with chemical hazard communication for manufacturers, importers and distributers, WAC 296-62-054.
You may withhold trade secret information under certain circumstances. See trade secrets, WAC 296-62-053, to find out what information may be withheld as a trade secret and what information must be released.

Your responsibility:

To inform and train your employees about the hazards of chemicals they may be exposed to during normal working conditions, or in foreseeable emergencies by:

Making a list of the hazardous chemicals present in your workplace

Preparing a written Chemical Hazard Communication Program for your workplace

Informing your employees about this rule and your program

Providing training to your employees about working in the presence of hazardous chemicals

Getting and keeping the material safety data sheets (MSDSs) for the hazardous chemicals

Making sure that labels on containers of hazardous chemicals are in place and easy to read.

You must:

Develop, implement, maintain, and make available a written Chemical Hazard Communication Program.

WAC 296-800-17005.

Include multiemployer workplaces in your program if necessary.

WAC 296-800-17007.

Identify and list all the hazardous chemicals present in your workplace.

WAC 296-800-17010.

Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.

WAC 296-800-17015.

Make sure that material safety data sheets (MSDS) are readily accessible to your employees and NIOSH.

WAC 296-800-17020.

Label containers holding hazardous chemicals.

WAC 296-800-17025.

Inform and train your employees about hazardous chemicals in your workplace.

WAC 296-800-17030.

Follow these rules for laboratories using hazardous chemicals.

WAC 296-800-17035.

Follow these rules for handling chemicals in factory sealed containers.

WAC 296-800-17040.

The department must:

Translate certain chemical hazard communication documents upon request.

WAC 296-800-17045.

Attempt to obtain a material safety data sheet (MSDS) upon request.

WAC 296-800-17050.

Exemption:

Items or chemicals exempt from the rule, and exemptions from labeling.

WAC 296-800-17055.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-18-090, 296-800-170, filed 9/2/03, effective 11/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, 296-800-170, filed 8/1/02, effective 10/1/02; 01-23-060, 296-800-170, filed 11/20/01, effective 12/1/01; 01-11-038, 296-800-170, filed 5/9/01, effective 9/1/01.]

Washington State Code Reviser's Office