Public Employees' Chemical Right To Know Act Page 2
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31These rules and regulations are promulgated by the Director of Labor of the State
of Arkansas pursuant to the authority granted by Ark. Code Ann. '' 8-7-1001 through -
1016 and 11-2-110, -112 and -113 (1987 and Supp.)
12-(a) PURPOSE.
(1)
The purpose of these regulations is to ensure that the hazards of all
chemicals produced or imported are evaluated, and that information concerning their
hazards is transmitted to public 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.
Evaluating the potential hazards of chemicals, and communicating
information concerning hazards and appropriate protective measures to employees shall
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.
12-(b) SCOPE AND APPLICATION.
(1)
These regulations require chemical manufacturers and distributors to
provide public employers with material safety data sheets on hazardous chemicals
purchased, produced or otherwise obtained.
These regulations require all public
employers to provide information to their employees about the hazardous chemicals to
which they are exposed under normal operating conditions or in foreseeable emergencies,
by means of a hazard communication program, labels and other forms of warning,
material safety data sheets, and information and training.
(2)
These regulations apply 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)
These regulations do 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 food, food additive, color additive, drug, cosmetic, or medical
or veterinary device, 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.) and regulations issued under that Act, when they are
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