Public Employees' Chemical Right To Know Act Page 9
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31(4)
Chemical manufacturers 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 editions);
(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 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 12-(d)(4) of this regulation;
(iii)
If a mixture has not been tested as a whole to determine whether
the mixture is a physical hazard, the chemical manufacturer 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 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 hazard to employees in those concentrations, the mixture
shall be assumed to present the same hazard.
(6)
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,
and the Director.
The written description shall be incorporated into the hazard
communication program under 12-(e) of these regulations.
12-(e) HAZARD COMMUNICATION PROGRAM
(1)
Employers shall develop, implement, and maintain at the workplace, a
written hazard communication program for their workplaces which at least describes how
the criteria specified in paragraphs 12-(f), 12-(g), and 12-(h) of these regulations for
labels and other forms of warning, material safety data sheets, and employee information
and training will be met, and which shall include the following:
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