Public Employees' Chemical Right To Know Act Page 8


"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 E 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, 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 under a public employer's control
or direction.
Public employers are not required to evaluate chemicals to determine if
they are hazardous unless they choose not to rely on the evaluation performed by the
chemical manufacturer and the material safety data sheet provided by the chemical
manufacturer or distributor.
Chemical manufacturers 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 B shall be consulted for the scope of
health hazards covered, and Appendix C shall be consulted for the criteria to be followed
with respect to the completeness of the evaluation, and the data to be reported.
The chemical manufacturer or employer evaluating chemicals shall treat
the following sources as establishing that the chemicals listed in them are hazardous:
29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances,
Occupational Safety and Health Administration (OSHA); or,
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 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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