WSR 15-08-072
EXPEDITED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed March 31, 2015, 9:01 a.m.]
Title of Rule and Other Identifying Information: Hazard communication/globally harmonized system of classification and labeling chemicals (GHS); WAC 296-307-006 What does this chapter cover?, 296-307-550 Employer chemical hazard communicationIntroduction, 296-307-560 Scope, 296-800-17005 Develop, implement, maintain, and make available a written Chemical Hazard Communication Program, and 296-839-100 Scope.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kevin Walder, Department of Labor and Industries, P.O. Box 44000, Olympia, WA 98504-4000, AND RECEIVED BY June 1, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: It is necessary that the division of occupational safety and health (DOSH) update its rules in order to comply with the Occupational Safety and Health Administration (OSHA) mandate and remain as-effective-as OSHA in light of their adoption of the United Nations Globally Harmonized System of Classification and Labeling Chemicals, effective May 25, 2012 (29 C.F.R. 1910.1200, Hazard Communication, Toxic and Hazardous Substances). OSHA has stipulated a staggered implementation period ending June 1, 2016, by which point the necessary amendments to affected DOSH rules must be adopted.
This proposal, which will constitute Phase 1 of 2, will amend the following sections in order to clarify to whom, when, and how the new rule changes apply during the staggered implementation period ending June 1, 2016:
WAC 296-307-006 What does this chapter cover?, 296-307-550 Employer chemical hazard communicationIntroduction, 296-307-560 Scope, 296-800-17005 Develop, implement, maintain, and make available a written Chemical Hazard Communication Program, and 296-839-100 Scope.
WAC 296-307-006 What does this chapter cover?
In subsection (2), correct title of chapter 296-62 WAC by changing "general occupational health rules" to "general occupational health standards," and immediately following add, "and chapter 296-901 WAC, Globally harmonized system for hazard communication."
WAC 296-307-550 Employer chemical hazard communicationIntroduction.
In the Note at bottom of section add a third bullet containing the following language and table:
WAC 296-307-550, Part Y-1, Employer chemical hazard communication, has been changed and replaced by WAC 296-901-140 Hazard communication. However, there are several implementation dates which are listed below and during the transitions employers can comply with this chapter or WAC 296-901-140 Hazard communication, until completion of each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and safety data sheet (SDS) format.
Employers.
June 1, 2015
December 1, 2015
Compliance with all modified provisions of this final rule, except:
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
Chemical manufacturers, importers, distributors, and employers.
June 1, 2016
Update alternative workplace labeling and hazard communication program[s] as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers.
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chapter 296-307 WAC, Part Y-1, Employer chemical hazard communication.
Chemical manufacturers, importers, distributors, and employers.
 
Chapter 296-307 WAC, Part Y-2, Material safety data sheets and label preparation.
WAC 296-901-140 Hazard communication.
 
WAC 296-307-560 Scope.
In the Note add a third bullet containing the following language and table:
WAC 296-307-560, Part Y-2, Material safety data sheets and label preparation, has been changed and replaced by WAC 296-901-140 Hazard communication. However, there are several implementation dates which are listed below and during this transition employer can comply with this chapter or WAC 296-901-140 Hazard communication, until completion of each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and SDS format.
Employers.
June 1, 2015
December 1, 2015
Compliance with all modified provisions of this final rule, except:
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
Chemical manufacturers, importers, distributors, and employers.
June 1, 2016
Update alternative workplace labeling and hazard communication program[s] as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers.
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chapter 296-307 WAC, Part Y-1, Employer chemical hazard communication (agriculture).
Chemical manufacturers, importers, distributors, and employers.
 
Chapter 296-307 WAC, Part Y-2, Material safety data sheets and label preparation.
WAC 296-901-140 Hazard communication.
 
WAC 296-800-17005 Develop, implement, maintain, and make available a written Chemical Hazard Communication Program.
Add a Note at bottom of section containing the following language and table:
WAC 296-800-170 Employer chemical hazard communication rule has been changed and replaced by WAC 296-901-140 Hazard communication. However, there are several implementation dates which are listed below and during this transition employer can comply with this chapter or WAC 296-901-140 Hazard communication until completion of each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and SDS format.
Employers.
June 1, 2015
December 1, 2015
Compliance with all modified provisions of this final rule, except:
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
Chemical manufacturers, importers, distributors and employers.
June 1, 2016
Update alternative workplace labeling and hazard communication program[s] as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers.
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
WAC 296-800-170 Employer chemical hazard communication.
Chemical manufacturers, importers, distributors, and employers.
 
Chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information.
WAC 296-901-140 Hazard communication.
 
WAC 296-839-100 Scope.
Add a second bullet to the Note containing the following language and table:
Chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information, has been updated to WAC 296-901-140 Hazard communication. During the transition of the implementation dates below, employers can comply with this chapter or WAC 296-901-140 Hazard communication, until completion of the each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and SDS format.
Employers.
June 1, 2015
December 1, 2015
Compliance with all modified provisions of this final rule, except:
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
Chemical manufacturers, importers, distributors, and employers.
June 1, 2016
Update alternative workplace labeling and hazard communication program[s] as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers.
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
WAC 296-800-170 Employer chemical hazard communication.
Chemical manufacturers, importers, distributors, and employers.
 
Chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information.
WAC 296-901-140 Hazard communication.
 
Reasons Supporting Proposal: By law, labor and industries' DOSH must maintain standards that are as-effective-as OSHA in order to retain its authority.
Statutory Authority for Adoption: RCW 49.17.050.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is necessary because of federal law, 29 C.F.R. 1910.1200 Substances.
Name of Proponent: Department of labor and industries DOSH, governmental.
Name of Agency Personnel Responsible for Drafting: Chris Miller, Tumwater, (360) 902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, (360) 902-5090.
March 31, 2015
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 98-24-096, filed 12/1/98, effective 3/1/99)
WAC 296-307-006 What does this chapter cover?
(1) Chapter 296-307 WAC applies to all agricultural operations with one or more employees covered by the Washington Industrial Safety and Health Act (WISHA), chapter 49.17 RCW.
"Agricultural operations" means farming and ranching, including, but not limited to:
(a) Cultivating and tilling the soil;
(b) Dairy farming;
(c) Producing, cultivating, growing, and harvesting of any agricultural or horticultural commodity;
(d) Raising livestock, bees, fur-bearing animals, or poultry; and
(e) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:
(i) Storage;
(ii) Market; or
(iii) Carriers for transportation to market. Agricultural operations include, but are not limited to, all employers in one or more of the following standard industrial classification (SIC) codes:
 
0111
Wheat
 
0115
Corn
 
0119
Cash grains not elsewhere classified, barley, peas, lentils, oats, etc.
 
0133
Sugar cane and sugar beets
 
0134
Irish potatoes—all potatoes except yams
 
0139
Field crops—hay, hops, mint, etc.
 
0161
Vegetables and melons, all inclusive
 
0171
All berry crops
 
0172
Grapes
 
0173
Tree nuts
 
0175
Deciduous tree fruits
 
0179
Tree fruits or tree nuts not elsewhere classified
 
0181
Ornamental floriculture and nursery products
 
0182
Food crops grown under cover
 
0191
General farms, primarily crops
 
0211
Beef cattle feedlots
 
0212
Beef cattle except feedlots—cattle ranches
 
0213
Hogs
 
0214
Sheep and goats
 
0219
General livestock except dairy and poultry
 
0241
Dairy farms
 
0251
Broiler, fryer, and roaster chickens
 
0252
Chicken eggs
 
0253
Turkeys and turkey eggs
 
0254
Poultry hatcheries
 
0259
Poultry and eggs not elsewhere classified
 
0271
Fur bearing animals and rabbits
 
0272
Horses
 
0273
Animal aquaculture
 
0279
Animal specialties not elsewhere classified
 
0291
General farms, primarily livestock and animal specialties
 
0711
Soil preparation services
 
0721
Crop planting, cultivating, and protecting
 
0722
Crop harvesting, primarily by machine
 
0751
Livestock services, except veterinary
 
0761
Farm labor contractors
 
0811
Timber tracts, Christmas tree growing, tree farms
 
0831
Forest nurseries
 
0851
Forestry services—reforestation
"Agricultural operations" do not include a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.
(2) Chapter 296-24 WAC does not apply to agricultural operations.
(3) All agricultural operations are also covered by the requirements of chapter 296-62 WAC, General occupational health ((rules)) standards, and chapter 296-901 WAC, Globally harmonized system for hazard communication.
(4) Occasionally, employees engaged in agricultural operations may also be covered by the safety standards of other industries. Following are excerpts from four industry standards that may help you determine if these other standards also apply:
Chapter 296-54 WAC Safety standardsLogging operations
WAC 296-54-501 Scope and application.
This standard establishes safety practices, means, methods and operations for all types of logging, regardless of the end use of the wood. These types of activities include, but are not limited to, pulpwood and timber harvesting and the logging of sawlogs, veneer bolts, poles, pilings and other forest products. The requirements herein contained do not apply to log handling at sawmills, plywood mills, pulp mills or other manufacturing operations governed by their own specific safety standards.
Chapter 296-99 WAC Safety standards for grain handling facilities
WAC 296-99-015 What grain-handling operations does this chapter cover?
(1) WAC 296-99-010 through 296-99-070 apply to:
• Dry grinding operations of soycake;
• Dry grinding operations of soycake;
• Dust pelletizing plants;
• Feed mills;
• Flour mills;
• Flat storage structures;
• Grain elevators;
• Rice mills; and
• Soybean flaking operations.
(2) WAC 296-99-075, 296-99-080, and 296-99-085 apply only to grain elevators.
(3) Chapter 296-99 WAC does not apply to alfalfa storage or processing operations if they do not use grain products.
Chapter 296-78 WAC Safety standards for sawmills and woodworking operations
WAC 296-78-500 Foreword.
The chapter 296-78 WAC shall apply to and include safety requirements for all installations where the primary manufacturing of wood building products takes place. The installations may be a permanent fixed establishment or a portable operation. These operations shall include but are not limited to log and lumber handling, sawing, trimming and planing, plywood or veneer manufacturing, canting operations, waste or residual handling, operation of dry kilns, finishing, shipping, storage, yard and yard equipment, and for power tools and affiliated equipment used in connection with such operation. WAC 296-78-450 shall apply to shake and shingle manufacturing. The provisions of WAC 296-78-500 through 296-78-84011 are also applicable in shake and shingle manufacturing except in instances of conflict with the requirements of WAC 296-78-705.
Chapter 296-155 WAC Safety standards for construction work
WAC 296-155-005 Purpose and scope.
The standards included in this chapter apply throughout the state of Washington, to any and all work places subject to the Washington Industrial Safety and Health Act (chapter 49.17 RCW), where construction, alteration, demolition, related inspection, and/or maintenance and repair work, including painting and decorating, is performed. These standards are minimum safety requirements with which all industries must comply when engaged in the above listed types of work.
(5) If rules in this chapter conflict with rules in another chapter of Title 296 WAC, this chapter prevails.
AMENDATORY SECTION (Amending WSR 05-01-166, filed 12/21/04, effective 4/2/05)
WAC 296-307-550 Employer chemical hazard communicationIntroduction.
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.
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.
Note:
 
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 Material safety data sheets and label preparation, WAC 296-307-560 through 296-307-56050.
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.
WAC 296-307-550, Part Y-1, Employer Chemical Hazard Communication, has been changed and replaced by WAC 296-901-140, Hazard communication. However, there are several implementation dates which are listed below and during the transitions employers can comply with this chapter or WAC 296-901-140, Hazard communication until completion of each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and safety data sheet (SDS) format.
Employers
June 1, 2015
Compliance with all modified provisions of this final rule, except:
Chemical manufacturers, importers, distributors, and employers
December 1, 2015
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label
June 1, 2016
Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chapter 296-307 WAC, Part Y-1, Employer Chemical Hazard Communication.
Chapter 296-307 WAC, Part Y-2, Material Safety Data Sheets and Label Preparation.
WAC 296-901-140, Hazard communication.
Chemical manufacturers, importers, distributors, and employers
EXEMPTIONS:
For the purposes of this employer hazard communication rule, if you are engaged in agricultural production of crops or livestock, "employee" does not mean:
 
- Immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation.
Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-307-55055 at the end of this rule to get complete information about these exemptions:
 
- Any hazardous waste or substance
 
- 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." Consumer products include things such as: Correction fluid, glass cleaner, and dishwashing liquid.
Example:
If you use a household cleaner in your workplace in the same way that a consumer would use it when cleaning their house, the exposure should be the same as the consumer's. ("In the same way" means using the household cleaner in the same manner and frequency.) A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be consumer use.
 
- Manufactured items that remain intact are exempt for 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
 
- Manufactured items that are fluids or in the form of particles are not exempt for this rule.
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 296-307-55005
Identify and list all the hazardous chemicals present in your workplace
WAC 296-307-55010
Obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used
WAC 296-307-55015
Make sure that material safety data sheets (MSDSs) are readily accessible to your employees
WAC 296-307-55020
Label containers holding hazardous chemicals
WAC 296-307-55025
Inform and train your employees about hazardous chemicals in your workplace
WAC 296-307-55030
Follow these rules for laboratories using hazardous chemicals
WAC 296-307-55035
Follow these rules for handling chemicals in factory sealed containers
WAC 296-307-55040
The department must:
Translate certain chemical hazard communication documents upon request
WAC 296-307-55045
Attempt to obtain a material safety data sheet (MSDS) upon request
WAC 296-307-55050
Exemption: Items or chemicals exempt from the rule, and exemptions from labeling
WAC 296-307-55055
Definitions
WAC 296-307-55060
AMENDATORY SECTION (Amending WSR 05-01-166, filed 12/21/04, effective 4/2/05)
WAC 296-307-560 Scope.
This chapter sets minimum requirements for content and distribution of material safety data sheets (MSDSs) and labels for hazardous chemicals.
• This chapter applies when you do one or more of the following:
– Import, produce, or repackage chemicals, including manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as articles
– Sell or distribute hazardous chemicals to manufacturers, distributors or employers
– Choose not to rely on material safety data sheets (MSDSs) provided by the importer, manufacturer or distributor.
Note:
• You are not required to evaluate chemicals or create MSDSs for chemicals you did not produce or import. If you decide to evaluate chemicals or create MSDSs, then the requirements of this chapter will apply to you.
 
• Use Table 2 to determine which sections in this chapter apply to your workplace.
 
• WAC 296-307-560, Part Y-2, Material Safety Data Sheets and Label Preparation, has been changed and replaced by WAC 296-901-140, Hazard communication. However, there are several implementations dates which are listed below and during this transition employer can comply with this chapter or WAC 296-901-140, Hazard communication until completion of the each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and safety data sheet (SDS) format.
Employers
June 1, 2015
Compliance with all modified provisions of this final rule, except:
Chemical manufacturers, importers, distributors and employers
December 1, 2015
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label
June 1, 2016
Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chemical manufacturers, importers, distributors, and employers
Chapter 296-307 WAC, Part Y-1, Employer Chemical Hazard Communication (Agriculture).
Chapter 296-307 WAC, Part Y-2, Material Safety Data Sheets and Label Preparation.
WAC 296-901-140, Hazard communication.
Exemptions:
• All of the following are always exempt from this chapter:
 
– Ionizing and nonionizing radiation
 
– Biological hazards
 
– Tobacco and tobacco products
 
• The chemicals and items listed in Table 1 are exempt from this chapter under the conditions specified.
Table 1
Conditional Exemptions From
This Chapter
This chapter does NOT apply to
When
Alcoholic beverages
Sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, bar, or tavern)
 
OR
Foods
An article (manufactured item)
It is not a fluid or particle
 
AND
It is formed to a specific shape or design during manufacture for a particular end use function1
 
AND
It releases only trace amounts of a hazardous chemical during normal use AND does not pose a physical or health risk to employees
Consumer products
Both criteria apply:
Produced or distributed for sale meeting the definition of "consumer products" in the Consumer Product Safety Act (see U.S. Code, Title 15, Chapter 47, section 20522)
They are used in the workplace for the same purpose as intended by the manufacturer or importer
 
OR
The duration and frequency of an employee's exposure is no more than the range of exposures that consumers might reasonably experience
Hazardous household products
Meeting the definition of "hazardous substances" in the Federal Hazardous Substance Act (see U.S. Code, Title 15, Chapter 30, section 12612)
Cosmetics
Packaged and sold in retail establishments
Drugs
Meeting the definition for "drugs" in the Federal Food, Drug, and Cosmetic Act (see U.S. Code, Title 21, Chapter 9, Subchapter II, section 3212)
In solid, final form (for example, tablets, or pills) for direct administration to the patient
 
OR
Packaged and sold in retail establishments (for example, over-the-counter drugs)
 
OR
Intended for employee consumption while in the workplace (for example, first-aid supplies)
Hazardous solid wastes
Subject to the United States Environmental Protection Agency (EPA) regulations3
Meeting the definition of "hazardous wastes" in the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (see U.S. Code, Title 42, Chapter 82, Subchapter I, section 69032)
Hazardous substances
They are the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations (Title 40 of the Code of Federal Regulations (C.F.R.)3)
Released into the environment, meeting the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (see U.S. Code, Title 42, Chapter 103, Subchapter I, section 96012)
Hazardous wastes
Meeting the definition of "dangerous wastes" in the Hazardous Waste Management Act (see chapter 70.105 RCW4)
Subject to department of ecology regulations, chapter 173-303 WAC5, that address the accumulation, handling and management of hazardous waste, and describe all of the following:
Safety
Labeling
Personnel training
And other related requirements
Solid wood
All of the following apply:
 
OR
The material is not treated with hazardous chemicals
Wood products (for example, lumber, and paper)
The only hazard is potential flammability or combustibility
 
 
The product is not expected to be processed (for example, by sanding or sawing)
1
End use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item.
2
This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html.
3
EPA regulations are included in the Code of Federal Regulations (C.F.R.). See http://www.epa.gov.
4
This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent laws of the state. See http://www.leg.wa.gov/wsladm/default.htm.
5
See http://www.ecy.wa.gov.
Use Table 2 to find out which sections of this part apply to you. For example, if you import AND sell hazardous chemicals ALL sections apply. WAC 296-307-56050 applies to all employers covered by the scope of this part.
Table 2
Section Application
 
Then the sections marked with an "X" apply
If you
56010 - 56015
56025
56030 - 56035
56045
Import or produce chemicals
X
X
 
 
Sell or distribute hazardous chemicals to
 
 
 
 
Manufacturers
 
 
 
 
 
OR
 
 
 
 
Distributors
 
 
 
 
 
OR
 
 
 
 
Employers (includes retail or wholesale transactions)
 
 
X
X
Choose to NOT rely on MSDSs provided by the importer, manufacturer or distributor
X
X
 
 
AMENDATORY SECTION (Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)
WAC 296-800-17005 Develop, implement, maintain, and make available a written Chemical Hazard Communication Program.
You must:
• Develop, implement, maintain, and make available a written Chemical Hazard Communication Program specific to your workplace. The Chemical Hazard Communication Program must, at a minimum, include:
– A list of hazardous chemicals known to be present in your workplace.
– Procedures for making sure all containers are properly labeled.
– A description of how you are going to obtain and maintain your material safety data sheets (MSDSs).
– A description of how you are going to train and inform your employees about hazardous chemicals in their workplace.
– A description of how you are going to inform your employees about:
♦ Chemical hazards used during nonroutine tasks.
♦ The hazards associated with chemicals contained in unlabeled pipes in employee work areas.
You must:
• Make your Chemical Hazard Communication Program available to your employees.
Note:
• WAC 296-800-170, Employer chemical hazard communication rule has been changed and replaced by WAC 296-901-140, Hazard communication. However, there are several implementation dates which are listed below and during this transition employer can comply with this chapter or WAC 296-901-140, Hazard communication until completion of each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and safety data sheet (SDS) format.
Employers
June 1, 2015
Compliance with all modified provisions of this final rule, except:
Chemical manufacturers, importers, distributors and employers
December 1, 2015
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
June 1, 2016
Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chemical manufacturers, importers, distributors, and employers
WAC 296-800-170, Employer chemical hazard communication.
Chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information.
WAC 296-901-140, Hazard communication.
((Note:))
• You must make the written Chemical Hazard Communication Program available, upon request, to employees, their designated representatives, the department and NIOSH, in accordance with the requirements of chapter 296-802 WAC, Employee medical and exposure records.
 
• Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written Chemical Hazard Communication Program may be kept at the primary workplace facility.
AMENDATORY SECTION (Amending WSR 03-01-096, filed 12/17/02, effective 6/1/03)
WAC 296-839-100 Scope.
This chapter sets minimum requirements for content and distribution of material safety data sheets (MSDSs) and labels for hazardous chemicals.
• This chapter applies when you do one or more of the following:
– Import, produce, or repackage chemicals, including manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as articles
– Sell or distribute hazardous chemicals to manufacturers, distributors or employers
– Choose to develop material safety data sheets (MSDSs) for a product you do not import or manufacture.
Reference:
See WAC 296-800-170, the Employer chemical hazard communication rule, for MSDSs, label, and other requirements that apply when hazardous chemicals are used in your workplace.
Note:
• Use Table 2 to determine which sections in this chapter apply to your workplace.
 
• Chapter 296-839 WAC, Content and Distribution of Material Safety Data Sheets (MSDSs) and Label Information, has been updated to WAC 296-901-140, Hazard communication. During the transition of the implementation dates below, employers can comply with this chapter or WAC 296-901-140, Hazard communication, until completion of the each effective date.
Effective Completion Date
Requirement(s)
Who
June 1, 2014
Train employees on the new label elements and safety data sheet (SDS) format.
Employers
June 1, 2015
Compliance with all modified provisions of this final rule, except:
Chemical manufacturers, importers, distributors and employers
December 1, 2015
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
June 1, 2016
Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers
Transition period to the effective completion dates noted above.
May comply with the applicable requirements in the following rules:
Chemical manufacturers, importers, distributors, and employers
WAC 296-800-170, Employer chemical hazard communication.
Chapter 296-839 WAC, Content and distribution of material safety data sheets (MSDSs) and label information.
WAC 296-901-140, Hazard communication.
Exemptions:
• All of the following are always exempt from this chapter:
– Ionizing and nonionizing radiation
– Biological hazards
– Tobacco and tobacco products
• The chemicals and items listed in Table 1 are exempt from this chapter under the conditions specified.
Table 1
Conditional Exemptions from this Chapter
This chapter does NOT apply to
When
Alcoholic beverages
Sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, bar, or tavern)
 
OR
Foods
An article (manufactured item)
It is not a fluid or particle
 
AND
It is formed to a specific shape or design during manufacture for a particular end use function1
 
AND
It releases only trace amounts of a hazardous chemical during normal use ANDdoes not pose a physical or health risk to employees
Consumer products
Both criteria apply:
Produced or distributed for sale meeting the definition of "consumer products" in the Consumer Product Safety Act (see U.S. Code, Title 15, Chapter 47, section 20522)
They are used in the workplace for the same purpose as intended by the manufacturer or importer
 
OR
 
 
Hazardous household products
The duration and frequency of an employee's exposure is no more than the range of exposures that consumers might reasonably experience
Meeting the definition of "hazardous substances" in the Federal Hazardous Substance Act (see U.S. Code, Title 15, Chapter 30, section 12612)
Cosmetics
Packaged and sold in retail establishments
Drugs
In solid, final form (for example, tablets, or pills) for direct administration to the patient
Meeting the definition for "drugs" in the Federal Food, Drug, and Cosmetic Act (see U.S. Code, Title 21, Chapter 9, Subchapter II, section 3212)
 
OR
Packaged and sold in retail establishments (for example, over-the-counter drugs)
 
OR
Intended for employee consumption while in the workplace (for example, first-aid supplies)
Hazardous solid wastes
Subject to the United States Environmental Protection Agency (EPA) regulations3
Meeting the definition of "hazardous wastes" in the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (see U.S. Code, Title 42, Chapter 82, Subchapter I, section 69032)
Hazardous substances
They are the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations (Title 40 of the Code of Federal Regulations (C.F.R.)3)
Released into the environment, meeting the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (see U.S. Code, Title 42, Chapter 103, Subchapter I, section 96012)
Hazardous wastes
Meeting the definition of "dangerous wastes" in the Hazardous Waste Management Act (see chapter 70.105 RCW4)
Subject to department of ecology regulations, chapter 173-303 WAC5, that address the accumulation, handling and management of hazardous waste, and describe all of the following:
Safety
Labeling
Personnel training
And other related requirements
Solid wood
All of the following apply
 
OR
The material is not treated with hazardous chemicals
Wood products (for example, lumber, and paper)
The only hazard is potential flammability or combustibility
 
 
The product is not expected to be processed (for example, by sanding or sawing)
1
End use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item
2
This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html
3
EPA regulations are included in the Code of Federal Regulations (C.F.R.). See http://www.epa.gov
4
This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent laws of the state. See http://www.leg.wa.gov/wsladm/default.htm
5
See http://www.ecy.wa.gov
Use Table 2 to find out which sections of this chapter apply to you. For example, if you import AND sell hazardous chemicals ALL sections apply. WAC 296-839-500 applies to all employers covered by the scope of this chapter.
((TABLE)) Table 2
Section Application
If you
Then the sections marked with an "X" apply
20005 -
20010
30005
30010 -
30015
40005
Import or produce chemicals
X
X
 
 
Sell or distribute hazardous chemicals to
 
 
X
X
Manufacturers
 
OR
Distributors
 
OR
Employers (includes retail or wholesale transactions)
Choose to develop MSDSs for a product you do not import or manufacture
X
X