Public Employees' Chemical Right To Know Act Page 25
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31APPENDIX C TO SAFETY CODE NO. 12
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 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 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 12-(d)(4) and Appendix B of
these regulations, 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 these regulations.
(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 B).
(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.
The chemical manufacturer or employer may also report the results of other scientifically
valid studies which tend to refute the findings of hazard.
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