Occupational Safety and Health Admin., Labor § 1910.1200 of a currently effective determination chemicals in the workplace, as well as by the Assistant Secretary of Labor of containers of chemicals being that such program is compatible with shipped to other workplaces; prepara- the requirements of this section. Such tion and distribution of safety data determinations currently are in effect sheets to employees and downstream only in the States of Alabama, Arkan- employers; and development and imple- sas, California, Kansas, Kentucky, mentation of employee training pro- Florida, Mississippi, New Hampshire, grams regarding hazards of chemicals New York, North Carolina, Texas, Ten- and protective measures. Under section nessee, Oregon, Idaho, Arizona, Colo- 18 of the Act, no state or political sub- rado, Louisiana, Nebraska, Wash- division of a state may adopt or en- ington, Maryland, North Dakota, force any requirement relating to the South Carolina, and Georgia. issue addressed by this Federal stand- [39 FR 23502, June 27, 1974, as amended at 43 ard, except pursuant to a Federally-ap- FR 49746, Oct. 24, 1978; 43 FR 51759, Nov. 7, proved state plan. 1978; 49 FR 18295, Apr. 30, 1984; 58 FR 35309, (b) Scope and application. (1) This sec- June 30, 1993. Redesignated at 61 FR 31430, June 20, 1996] tion requires chemical manufacturers or importers to classify the hazards of § 1910.1200 Hazard communication. chemicals which they produce or im- (a) Purpose. (1) The purpose of this port, and all employers to provide in- section is to ensure that the hazards of formation to their employees about the all chemicals produced or imported are hazardous chemicals to which they are classified, and that information con- exposed, by means of a hazard commu- cerning the classified hazards is trans- nication program, labels and other mitted to employers and employees. forms of warning, safety data sheets, The requirements of this section are and information and training. In addi- intended to be consistent with the pro- tion, this section requires distributors visions of the United Nations Globally to transmit the required information Harmonized System of Classification to employers. (Employers who do not and Labelling of Chemicals (GHS), Re- produce or import chemicals need only vision 3. The transmittal of informa- focus on those parts of this rule that tion is to be accomplished by means of deal with establishing a workplace pro- comprehensive hazard communication gram and communicating information programs, which are to include con- to their workers.) tainer labeling and other forms of (2) This section applies to any chem- warning, safety data sheets and em- ical which is known to be present in ployee training. the workplace in such a manner that (2) This occupational safety and employees may be exposed under nor- health standard is intended to address mal conditions of use or in a foresee- comprehensively the issue of able emergency. classifying the potential hazards of (3) This section applies to labora- chemicals, and communicating infor- tories only as follows: mation concerning hazards and appro- priate protective measures to employ- (i) Employers shall ensure that labels ees, and to preempt any legislative or on incoming containers of hazardous regulatory enactments of a state, or chemicals are not removed or defaced; political subdivision of a state, per- (ii) Employers shall maintain any taining to this subject. Classifying the safety data sheets that are received potential hazards of chemicals and with incoming shipments of hazardous communicating information con- chemicals, and ensure that they are cerning hazards and appropriate pro- readily accessible during each tective measures to employees, may in- workshift to laboratory employees clude, for example, but is not limited when they are in their work areas; to, provisions for: developing and main- (iii) Employers shall ensure that lab- taining a written hazard communica- oratory employees are provided infor- tion program for the workplace, includ- mation and training in accordance ing lists of hazardous chemicals with paragraph (h) of this section, ex- present; labeling of containers of cept for the location and availability of 463 VerDate Mar<15>2010 21:51 Jul 24, 2013 Jkt 229117 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Q:\29\29V6.TXT ofr150 PsN: PC150 § 1910.1200 29 CFR Ch. XVII (7–1–13 Edition) the written hazard communication pro- (ii) Any chemical substance or mix- gram under paragraph (h)(2)(iii) of this ture as such terms are defined in the section; and, Toxic Substances Control Act (15 (iv) Laboratory employers that ship U.S.C. 2601 et seq.), when subject to the hazardous chemicals are considered to labeling requirements of that Act and be either a chemical manufacturer or a labeling regulations issued under that distributor under this rule, and thus Act by the Environmental Protection must ensure that any containers of Agency. hazardous chemicals leaving the lab- (iii) Any food, food additive, color ad- oratory are labeled in accordance with ditive, drug, cosmetic, or medical or paragraph (f) of this section, and that a veterinary device or product, including safety data sheet is provided to dis- materials intended for use as ingredi- tributors and other employers in ac- ents in such products (e.g. flavors and cordance with paragraphs (g)(6) and fragrances), as such terms are defined (g)(7) of this section. in the Federal Food, Drug, and Cos- (4) In work operations where employ- metic Act (21 U.S.C. 301 et seq.) or the ees only handle chemicals in sealed Virus-Serum-Toxin Act of 1913 (21 containers which are not opened under U.S.C. 151 et seq.), and regulations normal conditions of use (such as are issued under those Acts, when they are found in marine cargo handling, subject to the labeling requirements warehousing, or retail sales), this sec- under those Acts by either the Food tion applies to these operations only as and Drug Administration or the De- follows: partment of Agriculture; (i) Employers shall ensure that labels (iv) Any distilled spirits (beverage al- on incoming containers of hazardous cohols), wine, or malt beverage in- chemicals are not removed or defaced; tended for nonindustrial use, as such (ii) Employers shall maintain copies terms are defined in the Federal Alco- of any safety data sheets that are re- hol Administration Act (27 U.S.C. 201 et ceived with incoming shipments of the seq.) and regulations issued under that sealed containers of hazardous chemi- Act, when subject to the labeling re- cals, shall obtain a safety data sheet as quirements of that Act and labeling soon as possible for sealed containers regulations issued under that Act by of hazardous chemicals received with- the Bureau of Alcohol, Tobacco, Fire- out a safety data sheet if an employee arms and Explosives; requests the safety data sheet, and shall ensure that the safety data sheets (v) Any consumer product or haz- are readily accessible during each work ardous substance as those terms are de- shift to employees when they are in fined in the Consumer Product Safety their work area(s); and, Act (15 U.S.C. 2051 et seq.) and Federal (iii) Employers shall ensure that em- Hazardous Substances Act (15 U.S.C. ployees are provided with information 1261 et seq.) respectively, when subject and training in accordance with para- to a consumer product safety standard graph (h) of this section (except for the or labeling requirement of those Acts, location and availability of the written or regulations issued under those Acts hazard communication program under by the Consumer Product Safety Com- paragraph (h)(2)(iii) of this section), to mission; and, the extent necessary to protect them (vi) Agricultural or vegetable seed in the event of a spill or leak of a haz- treated with pesticides and labeled in ardous chemical from a sealed con- accordance with the Federal Seed Act tainer. (7 U.S.C. 1551 et seq.) and the labeling (5) This section does not require la- regulations issued under that Act by beling of the following chemicals: the Department of Agriculture. (i) Any pesticide as such term is de- (6) This section does not apply to: (i) fined in the Federal Insecticide, Fun- Any hazardous waste as such term is gicide, and Rodenticide Act (7 U.S.C. defined by the Solid Waste Disposal 136 et seq.), when subject to the labeling Act, as amended by the Resource Con- requirements of that Act and labeling servation and Recovery Act of 1976, as regulations issued under that Act by amended (42 U.S.C. 6901 et seq.), when the Environmental Protection Agency; subject to regulations issued under 464 VerDate Mar<15>2010 21:51 Jul 24, 2013 Jkt 229117 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Q:\29\29V6.TXT ofr150 PsN: PC150 Occupational Safety and Health Admin., Labor § 1910.1200 that Act by the Environmental Protec- or importer of the product, and the use tion Agency; results in a duration and frequency of (ii) Any hazardous substance as such exposure which is not greater than the term is defined by the Comprehensive range of exposures that could reason- Environmental Response, Compensa- ably be experienced by consumers when tion and Liability Act (CERCLA) (42 used for the purpose intended; U.S.C. 9601 et seq.) when the hazardous (x) Nuisance particulates where the substance is the focus of remedial or chemical manufacturer or importer removal action being conducted under can establish that they do not pose any CERCLA in accordance with Environ- physical or health hazard covered mental Protection Agency regulations. under this section; (iii) Tobacco or tobacco products; (xi) Ionizing and nonionizing radi- (iv) Wood or wood products, including ation; and, lumber which will not be processed, (xii) Biological hazards.