[Code of Federal Regulations] 
[Title 29, Volume 6, Parts 1910.1000 to end] 
[Revised as of July 1, 1998] 
From the U.S. Government Printing Office via GPO Access 
CITE: 29 CFR 1910.1200 
 
[Page 466-488] 
  
                             TITLE 29--LABOR 
  
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,  
DEPARTMENT OF LABOR (Continued) 
  
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (Continued)-- 
                            Table of Contents 
  
                Subpart Z--Toxic and Hazardous Substances 
  
Sec. 1910.1200  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. 
    (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.) 
    (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. 
    (3) This section applies to laboratories only as follows: 
    (i) Employers shall ensure that labels on incoming containers of  
hazardous chemicals are not removed or defaced; 
    (ii) Employers shall maintain any material safety data sheets that  
are received with incoming shipments of hazardous chemicals, and ensure  
that they are readily accessible during each workshift to laboratory  
employees when they are in their work areas; 
 
[[Page 467]] 
 
    (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, 
    (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. 
    (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: 
    (i) Employers shall ensure that labels on incoming containers of  
hazardous chemicals are not removed or defaced; 
    (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, 
    (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. 
    (5) This section does not require labeling of the following  
chemicals: 
    (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; 
    (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. 
    (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; 
    (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; 
    (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, 
    (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. 
 
[[Page 468]] 
 
    (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; 
    (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; 
    (iii) Tobacco or tobacco products; 
    (iv) Wood or wood products, including lumber which will not be  
processed, where the chemical manufacturer or importer can establish  
that the only hazard they pose to employees is the potential for  
flammability or combustibility (wood or wood products which have been  
treated with a hazardous chemical covered by this standard, and wood  
which may be subsequently sawed or cut, generating dust, are not  
exempted); 
    (v) Articles (as that term is defined in paragraph (c) of this  
section); 
    (vi) Food or alcoholic beverages which are sold, used, or prepared  
in a retail establishment (such as a grocery store, restaurant, or  
drinking place), and foods intended for personal consumption by  
employees while in the workplace; 
    (vii) Any drug, as that term is defined in the Federal Food, Drug,  
and Cosmetic Act (21 U.S.C. 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); 
    (viii) Cosmetics which are packaged for sale to consumers in a  
retail establishment, and cosmetics intended for personal consumption by  
employees while in the workplace; 
    (ix) Any consumer product or hazardous substance, as those terms are  
defined in the Consumer Product Safety Act (15 U.S.C. 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; 
    (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; 
    (xi) Ionizing and nonionizing radiation; and, 
    (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  deg.F 
 
[[Page 469]] 
 
(37.8  deg.C), but below 200  deg.F (93.3  deg.C), except any mixture  
having components with flashpoints of 200  deg.F (93.3  deg.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  deg.F (21.1  deg.C); or 
    (ii) A gas or mixture of gases having, in a container, an absolute  
pressure exceeding 104 psi at 130  deg.F (54.4  deg.C) regardless of the  
pressure at 70  deg.F (21.1  deg.C); or 
    (iii) A liquid having a vapor pressure exceeding 40 psi at 100  
deg.F (37.8  deg.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 deg.F (37.8 deg.C), except any mixture having components with  
flashpoints of 100 deg.F (37.8 deg.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 Sec. 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 
 
[[Page 470]] 
 
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 deg.F (37.8 deg.C), that do not contain suspended  
solids and do not have a tendency to form a surface film under test; or 
    (ii) Pensky-Martens Closed Tester (see American National Standard  
Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7- 
1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater  
than 45 SUS at 100 deg.F (37.8 deg.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. 
 
[[Page 471]] 
 
    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 Sec. 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 deg.F (54.4 deg.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. 
    (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. 
    (3) The chemical manufacturer, importer or employer evaluating  
chemicals shall treat the following sources as establishing that the  
chemicals listed in them are hazardous: 
    (i) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances,  
Occupational Safety and Health Administration (OSHA); or, 
    (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. 
 
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    (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: 
    (i) National Toxicology Program (NTP), Annual Report on Carcinogens  
(latest edition); 
    (ii) International Agency for Research on Cancer (IARC) Monographs  
(latest editions); or 
    (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. 
 
    (5) The chemical manufacturer, importer or employer shall determine  
the hazards of mixtures of chemicals as follows: 
    (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; 
    (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; 
    (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, 
    (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. 
    (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: 
    (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, 
    (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. 
    (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: 
    (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 
 
[[Page 473]] 
 
other employer(s)' employees may be exposed to while working; 
    (ii) The methods the employer will use to inform the other  
employer(s) of any precautionary measures that need to be taken to  
protect employees during the workplace's normal operating conditions and  
in foreseeable emergencies; and, 
    (iii) The methods the employer will use to inform the other  
employer(s) of the labeling system used in the workplace. 
    (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). 
    (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). 
    (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: 
    (i) Identity of the hazardous chemical(s); 
    (ii) Appropriate hazard warnings; and 
    (iii) Name and address of the chemical manufacturer, importer, or  
other responsible party. 
    (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; 
    (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, 
    (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). 
    (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. 
    (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. 
    (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: 
    (i) Identity of the hazardous chemical(s) contained therein; and, 
    (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. 
    (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 
 
[[Page 474]] 
 
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. 
    (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. 
    (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. 
    (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. 
    (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. 
    (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. 
    (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: 
    (i) The identity used on the label, and, except as provided for in  
paragraph (i) of this section on trade secrets: 
    (A) If the hazardous chemical is a single substance, its chemical  
and common name(s); 
    (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, 
    (C) If the hazardous chemical is a mixture which has not been tested  
as a whole: 
    (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, 
    (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, 
    (3) The chemical and common name(s) of all ingredients which have  
been determined to present a physical hazard when present in the  
mixture; 
    (ii) Physical and chemical characteristics of the hazardous chemical  
(such as vapor pressure, flash point); 
    (iii) The physical hazards of the hazardous chemical, including the  
potential for fire, explosion, and reactivity; 
    (iv) The health hazards of the hazardous chemical, including signs  
and 
 
[[Page 475]] 
 
symptoms of exposure, and any medical conditions which are generally  
recognized as being aggravated by exposure to the chemical; 
    (v) The primary route(s) of entry; 
    (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; 
    (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; 
    (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; 
    (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; 
    (x) Emergency and first aid procedures; 
    (xi) The date of preparation of the material safety data sheet or  
the last change to it; and, 
    (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. 
    (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. 
    (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. 
    (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. 
    (6)(i) Chemical manufacturers or importers shall ensure that  
distributors and employers are provided an appropriate material safety  
data sheet with their initial shipment, and with the first shipment  
after a material safety data sheet is updated; 
    (ii) The chemical manufacturer or importer shall either provide  
material safety data sheets with the shipped containers or send them to  
the distributor or employer prior to or at the time of the shipment; 
    (iii) If the material safety data sheet is not provided with a  
shipment that has been labeled as a hazardous chemical, the distributor  
or employer shall obtain one from the chemical manufacturer or importer  
as soon as possible; and, 
    (iv) The chemical manufacturer or importer shall also provide  
distributors or employers with a material safety data sheet upon  
request. 
    (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 
 
[[Page 476]] 
 
first shipment after a material safety data sheet is updated; 
    (ii) The distributor shall either provide material safety data  
sheets with the shipped containers, or send them to the other  
distributor or employer prior to or at the time of the shipment; 
    (iii) Retail distributors selling hazardous chemicals to employers  
having a commercial account shall provide a material safety data sheet  
to such employers upon request, and shall post a sign or otherwise  
inform them that a material safety data sheet is available; 
    (iv) Wholesale distributors selling hazardous chemicals to employers  
over-the-counter may also provide material safety data sheets upon the  
request of the employer at the time of the over-the-counter purchase,  
and shall post a sign or otherwise inform such employers that a material  
safety data sheet is available; 
    (v) If an employer without a commercial account purchases a  
hazardous chemical from a retail distributor not required to have  
material safety data sheets on file (i.e., the retail distributor does  
not have commercial accounts and does not use the materials), the retail  
distributor shall provide the employer, upon request, with the name,  
address, and telephone number of the chemical manufacturer, importer, or  
distributor from which a material safety data sheet can be obtained; 
    (vi) Wholesale distributors shall also provide material safety data  
sheets to employers or other distributors upon request; and, 
    (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. 
    (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.) 
    (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. 
    (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). 
    (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. 
    (2) Information. Employees shall be informed of: 
    (i) The requirements of this section; 
    (ii) Any operations in their work area where hazardous chemicals are  
present; and, 
    (iii) The location and availability of the written hazard  
communication program, including the required list(s) of hazardous  
chemicals, and material 
 
[[Page 477]] 
 
safety data sheets required by this section. 
    (3) Training. Employee training shall include at least: 
    (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.); 
    (ii) The physical and health hazards of the chemicals in the work  
area; 
    (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, 
    (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) The claim that the information withheld is a trade secret can be  
supported; 
    (ii) Information contained in the material safety data sheet  
concerning the properties and effects of the hazardous chemical is  
disclosed; 
    (iii) The material safety data sheet indicates that the specific  
chemical identity is being withheld as a trade secret; and, 
    (iv) The specific chemical identity is made available to health  
professionals, employees, and designated representatives in accordance  
with the applicable provisions of this paragraph. 
    (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. 
    (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) The request is in writing; 
    (ii) The request describes with reasonable detail one or more of the  
following occupational health needs for the information: 
    (A) To assess the hazards of the chemicals to which employees will  
be exposed; 
    (B) To conduct or assess sampling of the workplace atmosphere to  
determine employee exposure levels; 
    (C) To conduct pre-assignment or periodic medical surveillance of  
exposed employees; 
    (D) To provide medical treatment to exposed employees; 
    (E) To select or assess appropriate personal protective equipment  
for exposed employees; 
    (F) To design or assess engineering controls or other protective  
measures for exposed employees; and, 
    (G) To conduct studies to determine the health effects of exposure. 
    (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: 
 
[[Page 478]] 
 
    (A) The properties and effects of the chemical; 
    (B) Measures for controlling workers' exposure to the chemical; 
    (C) Methods of monitoring and analyzing worker exposure to the  
chemical; and, 
    (D) Methods of diagnosing and treating harmful exposures to the  
chemical; 
    (iv) The request includes a description of the procedures to be used  
to maintain the confidentiality of the disclosed information; and, 
    (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. 
    (4) The confidentiality agreement authorized by paragraph (i)(3)(iv)  
of this section: 
    (i) May restrict the use of the information to the health purposes  
indicated in the written statement of need; 
    (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, 
    (iii) May not include requirements for the posting of a penalty  
bond. 
    (5) Nothing in this standard is meant to preclude the parties from  
pursuing non-contractual remedies to the extent permitted by law. 
    (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. 
    (7) If the chemical manufacturer, importer, or employer denies a  
written request for disclosure of a specific chemical identity, the  
denial must: 
    (i) Be provided to the health professional, employee, or designated  
representative, within thirty days of the request; 
    (ii) Be in writing; 
    (iii) Include evidence to support the claim that the specific  
chemical identity is a trade secret; 
    (iv) State the specific reasons why the request is being denied;  
and, 
    (v) Explain in detail how alternative information may satisfy the  
specific medical or occupational health need without revealing the  
specific chemical identity. 
    (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. 
    (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) The chemical manufacturer, importer, or employer has supported  
the claim that the specific chemical identity is a trade secret; 
    (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, 
    (iii) The health professional, employee or designated representative  
has demonstrated adequate means to protect the confidentiality. 
    (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. 
 
[[Page 479]] 
 
    (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. 
    (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. 
    (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. 
    (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. 
 
   Appendix A to Sec. 1910.1200--Health Hazard Definitions  
    (Mandatory) 
 
    Although safety hazards related to the physical characteristics of a  
chemical can be objectively defined in terms of testing requirements  
(e.g. flammability), health hazard definitions are less precise and more  
subjective. Health hazards may cause measurable changes in the body-- 
such as decreased pulmonary function. These changes are generally  
indicated by the occurrence of signs and symptoms in the exposed  
employees--such as shortness of breath, a non-measurable, subjective  
feeling. Employees exposed to such hazards must be apprised of both the  
change in body function and the signs and symptoms that may occur to  
signal that change. 
    The determination of occupational health hazards is complicated by  
the fact that many of the effects or signs and symptoms occur commonly  
in non-occupationally exposed populations, so that effects of exposure  
are difficult to separate from normally occurring illnesses.  
Occasionally, a substance causes an effect that is rarely seen in the  
population at large, such as angiosarcomas caused by vinyl chloride  
exposure, thus making it easier to ascertain that the occupational  
exposure was the primary causative factor. More often, however, the  
effects are common, such as lung cancer. The situation is further  
complicated by the fact that most chemicals have not been adequately  
tested to determine their health hazard potential, and data do not exist  
to substantiate these effects. 
    There have been many attempts to categorize effects and to define  
them in various ways. Generally, the terms ``acute'' and ``chronic'' are  
used to delineate between effects on the basis of severity or duration.  
``Acute'' effects usually occur rapidly as a result of short-term  
exposures, and are of short duration. ``Chronic'' effects generally  
occur as a result of long-term exposure, and are of long duration. 
    The acute effects referred to most frequently are those defined by  
the American 
 
[[Page 480]] 
 
National Standards Institute (ANSI) standard for Precautionary Labeling  
of Hazardous Industrial Chemicals (Z129.1-1988)--irritation,  
corrosivity, sensitization and lethal dose. Although these are important  
health effects, they do not adequately cover the considerable range of  
acute effects which may occur as a result of occupational exposure, such  
as, for example, narcosis. 
    Similarly, the term chronic effect is often used to cover only  
carcinogenicity, teratogenicity, and mutagenicity. These effects are  
obviously a concern in the workplace, but again, do not adequately cover  
the area of chronic effects, excluding, for example, blood dyscrasias  
(such as anemia), chronic bronchitis and liver atrophy. 
    The goal of defining precisely, in measurable terms, every possible  
health effect that may occur in the workplace as a result of chemical  
exposures cannot realistically be accomplished. This does not negate the  
need for employees to be informed of such effects and protected from  
them. Appendix B, which is also mandatory, outlines the principles and  
procedures of hazard assessment. 
    For purposes of this section, any chemicals which meet any of the  
following definitions, as determined by the criteria set forth in  
Appendix B are health hazards. However, this is not intended to be an  
exclusive categorization scheme. If there are available scientific data  
that involve other animal species or test methods, they must also be  
evaluated to determine the applicability of the HCS.7 
    1. Carcinogen: A chemical is considered to be a carcinogen if: 
    (a) It has been evaluated by the International Agency for Research  
on Cancer (IARC), and found to be a carcinogen or potential carcinogen;  
or 
    (b) It is listed as a carcinogen or potential carcinogen in the  
Annual Report on Carcinogens published by the National Toxicology  
Program (NTP) (latest edition); or, 
    (c) It is regulated by OSHA as a carcinogen. 
    2. Corrosive: A chemical that causes visible destruction of, or  
irreversible alterations in, living tissue by chemical action at the  
site of contact. For example, a chemical is considered to be corrosive  
if, when tested on the intact skin of albino rabbits by the method  
described by the U.S. Department of Transportation in appendix A to 49  
CFR part 173, it destroys or changes irreversibly the structure of the  
tissue at the site of contact following an exposure period of four  
hours. This term shall not refer to action on inanimate surfaces. 
    3. Highly toxic: A chemical falling within any of the following  
categories: 
    (a) A chemical that has a median lethal dose of 50  
milligrams or less per kilogram of body weight when administered orally  
to albino rats weighing between 200 and 300 grams each. 
    (b) A chemical that has a median lethal dose of  
200 milligrams or less per kilogram of body weight when administered by  
continuous contact for 24 hours (or less if death occurs within 24  
hours) with the bare skin of albino rabbits weighing between two and  
three kilograms each. 
    (c) A chemical that has a median lethal concentration  
in air of 200 parts per million by volume or less of  
gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust,  
when administered by continuous inhalation for one hour (or less if  
death occurs within one hour) to albino rats weighing between 200 and  
300 grams each. 
    4. Irritant: A chemical, which is not corrosive, but which causes a  
reversible inflammatory effect on living tissue by chemical action at  
the site of contact. A chemical is a skin irritant if, when tested on  
the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for  
four hours exposure or by other appropriate techniques, it results in an  
empirical score of five or more. A chemical is an eye irritant if so  
determined under the procedure listed in 16 CFR 1500.42 or other  
appropriate techniques. 
    5. Sensitizer: A chemical that causes a substantial proportion of  
exposed people or animals to develop an allergic reaction in normal  
tissue after repeated exposure to the chemical. 
    6. Toxic. A chemical falling within any of the following categories: 
    (a) A chemical that has a median lethal dose of  
more than 50 milligrams per kilogram but not more than 500 milligrams  
per kilogram of body weight when administered orally to albino rats  
weighing between 200 and 300 grams each. 
    (b) A chemical that has a median lethal dose of  
more than 200 milligrams per kilogram but not more than 1,000 milligrams  
per kilogram of body weight when administered by continuous contact for  
24 hours (or less if death occurs within 24 hours) with the bare skin of  
albino rabbits weighing between two and three kilograms each. 
    (c) A chemical that has a median lethal concentration  
in air of more than 200 parts per million but not more  
than 2,000 parts per million by volume of gas or vapor, or more than two  
milligrams per liter but not more than 20 milligrams per liter of mist,  
fume, or dust, when administered by continuous inhalation for one hour  
(or less if death occurs within one hour) to albino rats weighing  
between 200 and 300 grams each. 
    7. Target organ effects. 
    The following is a target organ categorization of effects which may  
occur, including examples of signs and symptoms and chemicals which have  
been found to cause such effects. These examples are presented to  
illustrate the range and diversity of effects and hazards found in the  
workplace, and the 
 
[[Page 481]] 
 
broad scope employers must consider in this area, but are not intended  
to be all-inclusive. 
 
a. Hepatotoxins: Chemicals which produce liver damage. 3 
    Signs & Symptoms: Jaundice; liver enlargement 
    Chemicals: Carbon tetrachloride; nitrosamines 
b. Nephrotoxins: Chemicals which produce kidney damage 
    Signs & Symptoms: Edema; proteinuria 
    Chemicals: Halogenated hydrocarbons; uranium 
c. Neurotoxins: Chemicals which produce their primary toxic effects on  
          the nervous system 
    Signs & Symptoms: Narcosis; behavioral changes; decrease in motor  
functions 
    Chemicals: Mercury; carbon disulfide 
d. Agents which act on the blood or hemato-poietic system: Decrease  
          hemoglobin function; deprive the body tissues of oxygen 
    Signs & Symptoms: Cyanosis; loss of consciousness 
    Chemicals: Carbon monoxide; cyanides 
e. Agents which damage the lung: Chemicals which irritate or damage  
          pulmonary tissue 
    Signs & Symptoms: Cough; tightness in chest; shortness of breath 
    Chemicals: Silica; asbestos 
f. Reproductive toxins: Chemicals which affect the reproductive  
          capabilities including chromosomal damage (mutations) and  
          effects on fetuses (teratogenesis) 
    Signs & Symptoms: Birth defects; sterility 
    Chemicals: Lead; DBCP 
g. Cutaneous hazards: Chemicals which affect the dermal layer of the  
          body 
    Signs & Symptoms: Defatting of the skin; rashes; irritation 
    Chemicals: Ketones; chlorinated compounds 
h. Eye hazards: Chemicals which affect the eye or visual capacity 
    Signs & Symptoms: Conjunctivitis; corneal damage 
    Chemicals: Organic solvents; acids 
 
     Appendix B to Sec. 1910.1200--Hazard Determination (Mandatory) 
 
    The quality of a hazard communication program is largely dependent  
upon the adequacy and accuracy of the hazard determination. The hazard  
determination requirement of this standard is performance-oriented.  
Chemical manufacturers, importers, and employers evaluating chemicals  
are not required to follow any specific methods for determining hazards,  
but they must be able to demonstrate that they have adequately  
ascertained the hazards of the chemicals produced or imported in  
accordance with the criteria set forth in this Appendix. 
    Hazard evaluation is a process which relies heavily on the  
professional judgment of the evaluator, particularly in the area of  
chronic hazards. The performance-orientation of the hazard determination  
does not diminish the duty of the chemical manufacturer, importer or  
employer to conduct a thorough evaluation, examining all relevant data  
and producing a scientifically defensible evaluation. For purposes of  
this standard, the following criteria shall be used in making hazard  
determinations that meet the requirements of this standard. 
    1. Carcinogenicity: As described in paragraph (d)(4) of this section  
and Appendix A of this section, a determination by the National  
Toxicology Program, the International Agency for Research on Cancer, or  
OSHA that a chemical is a carcinogen or potential carcinogen will be  
considered conclusive evidence for purposes of this section. In  
addition, however, all available scientific data on carcinogenicity must  
be evaluated in accordance with the provisions of this Appendix and the  
requirements of the rule. 
    2. Human data: Where available, epidemiological studies and case  
reports of adverse health effects shall be considered in the evaluation. 
    3. Animal data: Human evidence of health effects in exposed  
populations is generally not available for the majority of chemicals  
produced or used in the workplace. Therefore, the available results of  
toxicological testing in animal populations shall be used to predict the  
health effects that may be experienced by exposed workers. In  
particular, the definitions of certain acute hazards refer to specific  
animal testing results (see Appendix A). 
    4. Adequacy and reporting of data. The results of any studies which  
are designed and conducted according to established scientific  
principles, and which report statistically significant conclusions  
regarding the health effects of a chemical, shall be a sufficient basis  
for a hazard determination and reported on any material safety data  
sheet. In vitro studies alone generally do not form the basis for a  
definitive finding of hazard under the HCS since they have a positive or  
negative result rather than a statistically significant finding. 
    The chemical manufacturer, importer, or employer may also report the  
results of other scientifically valid studies which tend to refute the  
findings of hazard. 
 
                Appendix C to Sec. 1910.1200--[Reserved] 
 
       
 
Appendix D to Sec. 1910.1200--Definition of ``Trade Secret'' (Mandatory) 
 
    The following is a reprint of the Restatement of Torts section 757,  
comment b (1939): 
 
[[Page 482]] 
 
    b. Definition of trade secret. A trade secret may consist of any  
formula, pattern, device or compilation of information which is used in  
one's business, and which gives him an opportunity to obtain an  
advantage over competitors who do not know or use it. It may be a  
formula for a chemical compound, a process of manufacturing, treating or  
preserving materials, a pattern for a machine or other device, or a list  
of customers. It differs from other secret information in a business  
(see s759 of the Restatement of Torts which is not included in this  
Appendix) in that it is not simply information as to single or ephemeral  
events in the conduct of the business, as, for example, the amount or  
other terms of a secret bid for a contract or the salary of certain  
employees, or the security investments made or contemplated, or the date  
fixed for the announcement of a new policy or for bringing out a new  
model or the like. A trade secret is a process or device for continuous  
use in the operations of the business. Generally it relates to the  
production of goods, as, for example, a machine or formula for the  
production of an article. It may, however, relate to the sale of goods  
or to other operations in the business, such as a code for determining  
discounts, rebates or other concessions in a price list or catalogue, or  
a list of specialized customers, or a method of bookkeeping or other  
office management. 
    Secrecy. The subject matter of a trade secret must be secret.  
Matters of public knowledge or of general knowledge in an industry  
cannot be appropriated by one as his secret. Matters which are  
completely disclosed by the goods which one markets cannot be his  
secret. Substantially, a trade secret is known only in the particular  
business in which it is used. It is not requisite that only the  
proprietor of the business know it. He may, without losing his  
protection, communicate it to employees involved in its use. He may  
likewise communicate it to others pledged to secrecy. Others may also  
know of it independently, as, for example, when they have discovered the  
process or formula by independent invention and are keeping it secret.  
Nevertheless, a substantial element of secrecy must exist, so that,  
except by the use of improper means, there would be difficulty in  
acquiring the information. An exact definition of a trade secret is not  
possible. Some factors to be considered in determining whether given  
information is one's trade secret are: (1) The extent to which the  
information is known outside of his business; (2) the extent to which it  
is known by employees and others involved in his business; (3) the  
extent of measures taken by him to guard the secrecy of the information;  
(4) the value of the information to him and his competitors; (5) the  
amount of effort or money expended by him in developing the information;  
(6) the ease or difficulty with which the information could be properly  
acquired or duplicated by others. 
    Novelty and prior art. A trade secret may be a device or process  
which is patentable; but it need not be that. It may be a device or  
process which is clearly anticipated in the prior art or one which is  
merely a mechanical improvement that a good mechanic can make. Novelty  
and invention are not requisite for a trade secret as they are for  
patentability. These requirements are essential to patentability because  
a patent protects against unlicensed use of the patented device or  
process even by one who discovers it properly through independent  
research. The patent monopoly is a reward to the inventor. But such is  
not the case with a trade secret. Its protection is not based on a  
policy of rewarding or otherwise encouraging the development of secret  
processes or devices. The protection is merely against breach of faith  
and reprehensible means of learning another's secret. For this limited  
protection it is not appropriate to require also the kind of novelty and  
invention which is a requisite of patentability. The nature of the  
secret is, however, an important factor in determining the kind of  
relief that is appropriate against one who is subject to liability under  
the rule stated in this Section. Thus, if the secret consists of a  
device or process which is a novel invention, one who acquires the  
secret wrongfully is ordinarily enjoined from further use of it and is  
required to account for the profits derived from his past use. If, on  
the other hand, the secret consists of mechanical improvements that a  
good mechanic can make without resort to the secret, the wrongdoer's  
liability may be limited to damages, and an injunction against future  
use of the improvements made with the aid of the secret may be  
inappropriate. 
 
    Appendix E to Sec. 1910.1200-(Advisory)--Guidelines for Employer  
                               Compliance 
 
    The Hazard Communication Standard (HCS) is based on a simple  
concept--that employees have both a need and a right to know the hazards  
and identities of the chemicals they are exposed to when working. They  
also need to know what protective measures are available to prevent  
adverse effects from occurring. The HCS is designed to provide employees  
with the information they need. 
    Knowledge acquired under the HCS will help employers provide safer  
workplaces for their employees. When employers have information about  
the chemicals being used, they can take steps to reduce exposures,  
substitute less hazardous materials, and establish proper work  
practices. These efforts will help prevent the occurrence of work- 
related illnesses and injuries caused by chemicals. 
    The HCS addresses the issues of evaluating and communicating hazards  
to workers. Evaluation of chemical hazards involves a 
 
[[Page 483]] 
 
number of technical concepts, and is a process that requires the  
professional judgment of experienced experts. That's why the HCS is  
designed so that employers who simply use chemicals, rather than produce  
or import them, are not required to evaluate the hazards of those  
chemicals. Hazard determination is the responsibility of the producers  
and importers of the materials. Producers and importers of chemicals are  
then required to provide the hazard information to employers that  
purchase their products. 
    Employers that don't produce or import chemicals need only focus on  
those parts of the rule that deal with establishing a workplace program  
and communicating information to their workers. This appendix is a  
general guide for such employers to help them determine what's required  
under the rule. It does not supplant or substitute for the regulatory  
provisions, but rather provides a simplified outline of the steps an  
average employer would follow to meet those requirements. 
 
                   1. Becoming Familiar With The Rule. 
 
    OSHA has provided a simple summary of the HCS in a pamphlet entitled  
``Chemical Hazard Communication,'' OSHA Publication Number 3084. Some  
employers prefer to begin to become familiar with the rule's  
requirements by reading this pamphlet. A copy may be obtained from your  
local OSHA Area Office, or by contacting the OSHA Publications Office at  
(202) 523-9667. 
    The standard is long, and some parts of it are technical, but the  
basic concepts are simple. In fact, the requirements reflect what many  
employers have been doing for years. You may find that you are already  
largely in compliance with many of the provisions, and will simply have  
to modify your existing programs somewhat. If you are operating in an  
OSHA-approved State Plan State, you must comply with the State's  
requirements, which may be different than those of the Federal rule.  
Many of the State Plan States had hazard communication or ``right-to- 
know'' laws prior to promulgation of the Federal rule. Employers in  
State Plan States should contact their State OSHA offices for more  
information regarding applicable requirements. 
    The HCS requires information to be prepared and transmitted  
regarding all hazardous chemicals. The HCS covers both physical hazards  
(such as flammability), and health hazards (such as irritation, lung  
damage, and cancer). Most chemicals used in the workplace have some  
hazard potential, and thus will be covered by the rule. 
    One difference between this rule and many others adopted by OSHA is  
that this one is performance-oriented. That means that you have the  
flexibility to adapt the rule to the needs of your workplace, rather  
than having to follow specific, rigid requirements. It also means that  
you have to exercise more judgment to implement an appropriate and  
effective program. 
    The standard's design is simple. Chemical manufacturers and  
importers must evaluate the hazards of the chemicals they produce or  
import. Using that information, they must then prepare labels for  
containers, and more detailed technical bulletins called material safety  
data sheets (MSDS). 
    Chemical manufacturers, importers, and distributors of hazardous  
chemicals are all required to provide the appropriate labels and  
material safety data sheets to the employers to which they ship the  
chemicals. The information is to be provided automatically. Every  
container of hazardous chemicals you receive must be labeled, tagged, or  
marked with the required information. Your suppliers must also send you  
a properly completed material safety data sheet (MSDS) at the time of  
the first shipment of the chemical, and with the next shipment after the  
MSDS is updated with new and significant information about the hazards. 
    You can rely on the information received from your suppliers. You  
have no independent duty to analyze the chemical or evaluate the hazards  
of it. 
    Employers that ``use'' hazardous chemicals must have a program to  
ensure the information is provided to exposed employees. ``Use'' means  
to package, handle, react, or transfer. This is an intentionally broad  
scope, and includes any situation where a chemical is present in such a  
way that employees may be exposed under normal conditions of use or in a  
foreseeable emergency. 
    The requirements of the rule that deal specifically with the hazard  
communication program are found in this section in paragraphs (e),  
written hazard communication program; (f), labels and other forms of  
warning; (g), material safety data sheets; and (h), employee information  
and training. The requirements of these paragraphs should be the focus  
of your attention. Concentrate on becoming familiar with them, using  
paragraphs (b), scope and application, and (c), definitions, as  
references when needed to help explain the provisions. 
    There are two types of work operations where the coverage of the  
rule is limited. These are laboratories and operations where chemicals  
are only handled in sealed containers (e.g., a warehouse). The limited  
provisions for these workplaces can be found in paragraph (b) of this  
section, scope and application. Basically, employers having these types  
of work operations need only keep labels on containers as they are  
received; maintain material safety data sheets that are received, and  
give employees access to them; and provide information and training for  
employees. Employers do not have to 
 
[[Page 484]] 
 
have written hazard communication programs and lists of chemicals for  
these types of operations. 
    The limited coverage of laboratories and sealed container operations  
addresses the obligation of an employer to the workers in the operations  
involved, and does not affect the employer's duties as a distributor of  
chemicals. For example, a distributor may have warehouse operations  
where employees would be protected under the limited sealed container  
provisions. In this situation, requirements for obtaining and  
maintaining MSDSs are limited to providing access to those received with  
containers while the substance is in the workplace, and requesting MSDSs  
when employees request access for those not received with the  
containers. However, as a distributor of hazardous chemicals, that  
employer will still have responsibilities for providing MSDSs to  
downstream customers at the time of the first shipment and when the MSDS  
is updated. Therefore, although they may not be required for the  
employees in the work operation, the distributor may, nevertheless, have  
to have MSDSs to satisfy other requirements of the rule. 
 
                      2. Identify Responsible Staff 
 
    Hazard communication is going to be a continuing program in your  
facility. Compliance with the HCS is not a ``one shot deal.'' In order  
to have a successful program, it will be necessary to assign  
responsibility for both the initial and ongoing activities that have to  
be undertaken to comply with the rule. In some cases, these activities  
may already be part of current job assignments. For example, site  
supervisors are frequently responsible for on-the-job training sessions.  
Early identification of the responsible employees, and involvement of  
them in the development of your plan of action, will result in a more  
effective program design. Evaluation of the effectiveness of your  
program will also be enhanced by involvement of affected employees. 
    For any safety and health program, success depends on commitment at  
every level of the organization. This is particularly true for hazard  
communication, where success requires a change in behavior. This will  
only occur if employers understand the program, and are committed to its  
success, and if employees are motivated by the people presenting the  
information to them. 
 
            3. Identify Hazardous Chemicals in the Workplace. 
 
    The standard requires a list of hazardous chemicals in the workplace  
as part of the written hazard communication program. The list will  
eventually serve as an inventory of everything for which an MSDS must be  
maintained. At this point, however, preparing the list will help you  
complete the rest of the program since it will give you some idea of the  
scope of the program required for compliance in your facility. 
    The best way to prepare a comprehensive list is to survey the  
workplace. Purchasing records may also help, and certainly employers  
should establish procedures to ensure that in the future purchasing  
procedures result in MSDSs being received before a material is used in  
the workplace. 
    The broadest possible perspective should be taken when doing the  
survey. Sometimes people think of ``chemicals'' as being only liquids in  
containers. The HCS covers chemicals in all physical forms--liquids,  
solids, gases, vapors, fumes, and mists--whether they are ``contained''  
or not. The hazardous nature of the chemical and the potential for  
exposure are the factors which determine whether a chemical is covered.  
If it's not hazardous, it's not covered. If there is no potential for  
exposure (e.g., the chemical is inextricably bound and cannot be  
released), the rule does not cover the chemical. 
    Look around. Identify chemicals in containers, including pipes, but  
also think about chemicals generated in the work operations. For  
example, welding fumes, dusts, and exhaust fumes are all sources of  
chemical exposures. Read labels provided by suppliers for hazard  
information. Make a list of all chemicals in the workplace that are  
potentially hazardous. For your own information and planning, you may  
also want to note on the list the location(s) of the products within the  
workplace, and an indication of the hazards as found on the label. This  
will help you as you prepare the rest of your program. 
    Paragraph (b) of this section, scope and application, includes  
exemptions for various chemicals or workplace situations. After  
compiling the complete list of chemicals, you should review paragraph  
(b) of this section to determine if any of the items can be eliminated  
from the list because they are exempted materials. For example, food,  
drugs, and cosmetics brought into the workplace for employee consumption  
are exempt. So rubbing alcohol in the first aid kit would not be  
covered. 
    Once you have compiled as complete a list as possible of the  
potentially hazardous chemicals in the workplace, the next step is to  
determine if you have received material safety data sheets for all of  
them. Check your files against the inventory you have just compiled. If  
any are missing, contact your supplier and request one. It is a good  
idea to document these requests, either by copy of a letter or a note  
regarding telephone conversations. If you have MSDSs for chemicals that  
are not on your list, figure out why. Maybe you don't use the chemical  
anymore. Or maybe you missed it in your survey. Some suppliers do  
provide MSDSs for products that are not hazardous. These do not have to  
be maintained by you. 
 
[[Page 485]] 
 
    You should not allow employees to use any chemicals for which you  
have not received an MSDS. The MSDS provides information you need to  
ensure proper protective measures are implemented prior to exposure. 
 
      4. Preparing and Implementing a Hazard Communication Program 
 
    All workplaces where employees are exposed to hazardous chemicals  
must have a written plan which describes how the standard will be  
implemented in that facility. Preparation of a plan is not just a paper  
exercise--all of the elements must be implemented in the workplace in  
order to be in compliance with the rule. See paragraph (e) of this  
section for the specific requirements regarding written hazard  
communication programs. The only work operations which do not have to  
comply with the written plan requirements are laboratories and work  
operations where employees only handle chemicals in sealed containers.  
See paragraph (b) of this section, scope and application, for the  
specific requirements for these two types of workplaces. 
    The plan does not have to be lengthy or complicated. It is intended  
to be a blueprint for implementation of your program--an assurance that  
all aspects of the requirements have been addressed. 
    Many trade associations and other professional groups have provided  
sample programs and other assistance materials to affected employers.  
These have been very helpful to many employers since they tend to be  
tailored to the particular industry involved. You may wish to  
investigate whether your industry trade groups have developed such  
materials. 
    Although such general guidance may be helpful, you must remember  
that the written program has to reflect what you are doing in your  
workplace. Therefore, if you use a generic program it must be adapted to  
address the facility it covers. For example, the written plan must list  
the chemicals present at the site, indicate who is to be responsible for  
the various aspects of the program in your facility, and indicate where  
written materials will be made available to employees. 
    If OSHA inspects your workplace for compliance with the HCS, the  
OSHA compliance officer will ask to see your written plan at the outset  
of the inspection. In general, the following items will be considered in  
evaluating your program. 
    The written program must describe how the requirements for labels  
and other forms of warning, material safety data sheets, and employee  
information and training, are going to be met in your facility. The  
following discussion provides the type of information compliance  
officers will be looking for to decide whether these elements of the  
hazard communication program have been properly addressed: 
 
                  A. Labels and Other Forms of Warning 
 
    In-plant containers of hazardous chemicals must be labeled, tagged,  
or marked with the identity of the material and appropriate hazard  
warnings. Chemical manufacturers, importers, and distributors are  
required to ensure that every container of hazardous chemicals they ship  
is appropriately labeled with such information and with the name and  
address of the producer or other responsible party. Employers purchasing  
chemicals can rely on the labels provided by their suppliers. If the  
material is subsequently transferred by the employer from a labeled  
container to another container, the employer will have to label that  
container unless it is subject to the portable container exemption. See  
paragraph (f) of this section for specific labeling requirements. 
    The primary information to be obtained from an OSHA-required label  
is an identity for the material, and appropriate hazard warnings. The  
identity is any term which appears on the label, the MSDS, and the list  
of chemicals, and thus links these three sources of information. The  
identity used by the supplier may be a common or trade name (``Black  
Magic Formula''), or a chemical name (1,1,1,-trichloroethane). The  
hazard warning is a brief statement of the hazardous effects of the  
chemical (``flammable,'' ``causes lung damage''). Labels frequently  
contain other information, such as precautionary measures (``do not use  
near open flame''), but this information is provided voluntarily and is  
not required by the rule. Labels must be legible, and prominently  
displayed. There are no specific requirements for size or color, or any  
specified text. 
    With these requirements in mind, the compliance officer will be  
looking for the following types of information to ensure that labeling  
will be properly implemented in your facility: 
    1. Designation of person(s) responsible for ensuring labeling of in- 
plant containers; 
    2. Designation of person(s) responsible for ensuring labeling of any  
shipped containers; 
    3. Description of labeling system(s) used; 
    4. Description of written alternatives to labeling of in-plant  
containers (if used); and, 
    5. Procedures to review and update label information when necessary. 
    Employers that are purchasing and using hazardous chemicals--rather  
than producing or distributing them--will primarily be concerned with  
ensuring that every purchased container is labeled. If materials are  
transferred into other containers, the employer must ensure that these  
are labeled as well, unless they fall under the portable container  
exemption (paragraph (f)(7) of this section). In terms of labeling  
systems, you can simply choose to use the labels provided by your 
 
[[Page 486]] 
 
suppliers on the containers. These will generally be verbal text labels,  
and do not usually include numerical rating systems or symbols that  
require special training. The most important thing to remember is that  
this is a continuing duty--all in-plant containers of hazardous  
chemicals must always be labeled. Therefore, it is important to  
designate someone to be responsible for ensuring that the labels are  
maintained as required on the containers in your facility, and that  
newly purchased materials are checked for labels prior to use. 
 
                     B. Material Safety Data Sheets 
 
    Chemical manufacturers and importers are required to obtain or  
develop a material safety data sheet for each hazardous chemical they  
produce or import. Distributors are responsible for ensuring that their  
customers are provided a copy of these MSDSs. Employers must have an  
MSDS for each hazardous chemical which they use. Employers may rely on  
the information received from their suppliers. The specific requirements  
for material safety data sheets are in paragraph (g) of this section. 
    There is no specified format for the MSDS under the rule, although  
there are specific information requirements. OSHA has developed a non- 
mandatory format, OSHA Form 174, which may be used by chemical  
manufacturers and importers to comply with the rule. The MSDS must be in  
English. You are entitled to receive from your supplier a data sheet  
which includes all of the information required under the rule. If you do  
not receive one automatically, you should request one. If you receive  
one that is obviously inadequate, with, for example, blank spaces that  
are not completed, you should request an appropriately completed one. If  
your request for a data sheet or for a corrected data sheet does not  
produce the information needed, you should contact your local OSHA Area  
Office for assistance in obtaining the MSDS. 
    The role of MSDSs under the rule is to provide detailed information  
on each hazardous chemical, including its potential hazardous effects,  
its physical and chemical characteristics, and recommendations for  
appropriate protective measures. This information should be useful to  
you as the employer responsible for designing protective programs, as  
well as to the workers. If you are not familiar with material safety  
data sheets and with chemical terminology, you may need to learn to use  
them yourself. A glossary of MSDS terms may be helpful in this regard.  
Generally speaking, most employers using hazardous chemicals will  
primarily be concerned with MSDS information regarding hazardous effects  
and recommended protective measures. Focus on the sections of the MSDS  
that are applicable to your situation. 
    MSDSs must be readily accessible to employees when they are in their  
work areas during their workshifts. This may be accomplished in many  
different ways. You must decide what is appropriate for your particular  
workplace. Some employers keep the MSDSs in a binder in a central  
location (e.g., in the pick-up truck on a construction site). Others,  
particularly in workplaces with large numbers of chemicals, computerize  
the information and provide access through terminals. As long as  
employees can get the information when they need it, any approach may be  
used. The employees must have access to the MSDSs themselves--simply  
having a system where the information can be read to them over the phone  
is only permitted under the mobile worksite provision, paragraph (g)(9)  
of this section, when employees must travel between workplaces during  
the shift. In this situation, they have access to the MSDSs prior to  
leaving the primary worksite, and when they return, so the telephone  
system is simply an emergency arrangement. 
    In order to ensure that you have a current MSDS for each chemical in  
the plant as required, and that employee access is provided, the  
compliance officers will be looking for the following types of  
information in your written program: 
    1. Designation of person(s) responsible for obtaining and  
maintaining the MSDSs; 
    2. How such sheets are to be maintained in the workplace (e.g., in  
notebooks in the work area(s) or in a computer with terminal access),  
and how employees can obtain access to them when they are in their work  
area during the work shift; 
    3. Procedures to follow when the MSDS is not received at the time of  
the first shipment; 
    4. For producers, procedures to update the MSDS when new and  
significant health information is found; and, 
    5. Description of alternatives to actual data sheets in the  
workplace, if used. 
    For employers using hazardous chemicals, the most important aspect  
of the written program in terms of MSDSs is to ensure that someone is  
responsible for obtaining and maintaining the MSDSs for every hazardous  
chemical in the workplace. The list of hazardous chemicals required to  
be maintained as part of the written program will serve as an inventory.  
As new chemicals are purchased, the list should be updated. Many  
companies have found it convenient to include on their purchase orders  
the name and address of the person designated in their company to  
receive MSDSs. 
 
                  C. Employee Information and Training 
 
    Each employee who may be ``exposed'' to hazardous chemicals when  
working must be provided information and trained prior to initial  
assignment to work with a hazardous chemical, and whenever the hazard  
changes. ``Exposure'' or ``exposed'' under the rule means that ``an  
employee is subjected to a 
 
[[Page 487]] 
 
hazardous chemical in the course of employment through any route of  
entry (inhalation, ingestion, skin contact or absorption, etc.) and  
includes potential (e.g., accidental or possible) exposure.'' See  
paragraph (h) of this section for specific requirements. Information and  
training may be done either by individual chemical, or by categories of  
hazards (such as flammability or carcinogenicity). If there are only a  
few chemicals in the workplace, then you may want to discuss each one  
individually. Where there are large numbers of chemicals, or the  
chemicals change frequently, you will probably want to train generally  
based on the hazard categories (e.g., flammable liquids, corrosive  
materials, carcinogens). Employees will have access to the substance- 
specific information on the labels and MSDSs. 
    Information and training is a critical part of the hazard  
communication program. Information regarding hazards and protective  
measures are provided to workers through written labels and material  
safety data sheets. However, through effective information and training,  
workers will learn to read and understand such information, determine  
how it can be obtained and used in their own workplaces, and understand  
the risks of exposure to the chemicals in their workplaces as well as  
the ways to protect themselves. A properly conducted training program  
will ensure comprehension and understanding. It is not sufficient to  
either just read material to the workers, or simply hand them material  
to read. You want to create a climate where workers feel free to ask  
questions. This will help you to ensure that the information is  
understood. You must always remember that the underlying purpose of the  
HCS is to reduce the incidence of chemical source illnesses and  
injuries. This will be accomplished by modifying behavior through the  
provision of hazard information and information about protective  
measures. If your program works, you and your workers will better  
understand the chemical hazards within the workplace. The procedures you  
establish regarding, for example, purchasing, storage, and handling of  
these chemicals will improve, and thereby reduce the risks posed to  
employees exposed to the chemical hazards involved. Furthermore, your  
workers' comprehension will also be increased, and proper work practices  
will be followed in your workplace. 
    If you are going to do the training yourself, you will have to  
understand the material and be prepared to motivate the workers to  
learn. This is not always an easy task, but the benefits are worth the  
effort. More information regarding appropriate training can be found in  
OSHA Publication No. 2254 which contains voluntary training guidelines  
prepared by OSHA's Training Institute. A copy of this document is  
available from OSHA's Publications Office at (202) 219-4667. 
    In reviewing your written program with regard to information and  
training, the following items need to be considered: 
    1. Designation of person(s) responsible for conducting training; 
    2. Format of the program to be used (audiovisuals, classroom  
instruction, etc.); 
    3. Elements of the training program (should be consistent with the  
elements in paragraph (h) of this section); and, 
    4. Procedure to train new employees at the time of their initial  
assignment to work with a hazardous chemical, and to train employees  
when a new hazard is introduced into the workplace. 
    The written program should provide enough details about the  
employer's plans in this area to assess whether or not a good faith  
effort is being made to train employees. OSHA does not expect that every  
worker will be able to recite all of the information about each chemical  
in the workplace. In general, the most important aspects of training  
under the HCS are to ensure that employees are aware that they are  
exposed to hazardous chemicals, that they know how to read and use  
labels and material safety data sheets, and that, as a consequence of  
learning this information, they are following the appropriate protective  
measures established by the employer. OSHA compliance officers will be  
talking to employees to determine if they have received training, if  
they know they are exposed to hazardous chemicals, and if they know  
where to obtain substance-specific information on labels and MSDSs. 
    The rule does not require employers to maintain records of employee  
training, but many employers choose to do so. This may help you monitor  
your own program to ensure that all employees are appropriately trained.  
If you already have a training program, you may simply have to  
supplement it with whatever additional information is required under the  
HCS. For example, construction employers that are already in compliance  
with the construction training standard (29 CFR 1926.21) will have  
little extra training to do. 
    An employer can provide employees information and training through  
whatever means are found appropriate and protective. Although there  
would always have to be some training on-site (such as informing  
employees of the location and availability of the written program and  
MSDSs), employee training may be satisfied in part by general training  
about the requirements of the HCS and about chemical hazards on the job  
which is provided by, for example, trade associations, unions, colleges,  
and professional schools. In addition, previous training, education and  
experience of a worker may relieve the employer of some of the burdens  
of informing and training that worker. Regardless of the method relied  
upon, however, the employer is always ultimately responsible 
 
[[Page 488]] 
 
for ensuring that employees are adequately trained. If the compliance  
officer finds that the training is deficient, the employer will be cited  
for the deficiency regardless of who actually provided the training on  
behalf of the employer. 
 
                          D. Other Requirements 
 
    In addition to these specific items, compliance officers will also  
be asking the following questions in assessing the adequacy of the  
program: 
    Does a list of the hazardous chemicals exist in each work area or at  
a central location? 
    Are methods the employer will use to inform employees of the hazards  
of non-routine tasks outlined? 
    Are employees informed of the hazards associated with chemicals  
contained in unlabeled pipes in their work areas? 
    On multi-employer worksites, has the employer provided other  
employers with information about labeling systems and precautionary  
measures where the other employers have employees exposed to the initial  
employer's chemicals? 
    Is the written program made available to employees and their  
designated representatives? 
    If your program adequately addresses the means of communicating  
information to employees in your workplace, and provides answers to the  
basic questions outlined above, it will be found to be in compliance  
with the rule. 
 
                       5. Checklist for Compliance 
 
    The following checklist will help to ensure you are in compliance  
with the rule: 
Obtained a copy of the rule. ________ 
Read and understood the requirements. ________ 
Assigned responsibility for tasks. ________ 
Prepared an inventory of chemicals. ________ 
Ensured containers are labeled. ________ 
Obtained MSDS for each chemical. ________ 
Prepared written program. ________ 
Made MSDSs available to workers. ________ 
Conducted training of workers. ________ 
Established procedures to maintain current program. ________ 
Established procedures to evaluate effectiveness. ________ 
 
                          6. Further Assistance 
 
    If you have a question regarding compliance with the HCS, you should  
contact your local OSHA Area Office for assistance. In addition, each  
OSHA Regional Office has a Hazard Communication Coordinator who can  
answer your questions. Free consultation services are also available to  
assist employers, and information regarding these services can be  
obtained through the Area and Regional offices as well. 
    The telephone number for the OSHA office closest to you should be  
listed in your local telephone directory. If you are not able to obtain  
this information, you may contact OSHA's Office of Information and  
Consumer Affairs at (202) 219-8151 for further assistance in identifying  
the appropriate contacts. 
[59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17479, Apr. 13, 1994; 59  
FR 65948, Dec. 22, 1994; 61 FR 9245, Mar. 7. 1996]