§ 95-174. Definitions.
§95‑174. Definitions.
(a) "Chemicalmanufacturer" shall mean a manufacturing facility classified in StandardIndustrial Classification (SIC) Codes 20 through 39 where chemicals areproduced for use or distribution in North Carolina.
(b) "Chemicalname" shall mean the scientific designation of a chemical in accordancewith the nomenclature system developed by the International Union of Pure andApplied Chemistry (IUPAC), or the Chemical Abstracts Service (CAS) rules ofnomenclature or a name which will clearly identify the chemical for the purposeof conducting a hazard evaluation.
(c) "Commonname" shall mean any designation or identification such as a code name,code number, trade name, brand name or generic name used to identify a chemicalother than by its chemical name.
(d) "Distributor"shall mean any business, other than a chemical manufacturer or importer, whichsupplies hazardous chemicals to other distributors or to purchasers.
(e) "Employee"shall mean any person who is employed by an employer under normal operatingconditions.
(f) "Employer"means a person engaged in business who has employees, including the State andits political subdivisions but excluding an individual whose only employees aredomestic workers or casual laborers who are hired to work at the individual'sresidence.
(g) "Facility"shall mean one or more establishments, factories, or buildings located at onecontiguous site in North Carolina.
(h) "FireChief" shall mean Fire Chief or Fire Marshall, or Emergency ResponseCoordinator in the absence of a Fire Chief or Fire Marshall for the appropriatelocal fire department.
(i) Repealed bySession Laws 1987, c. 489, s. 1.
(j) "FireDepartment" shall mean the fire department having jurisdiction over thefacility.
(k) "Hazardouschemical" shall mean any element, chemical compound or mixture of elementsand/or compounds which is a physical hazard or health hazard as defined insubsection (c) of the OSHNC Standard or a hazardous substance as defined instandards adopted by the Occupational Safety and Health Division of the NorthCarolina Department of Labor in Title 13, Chapter 7 of the North CarolinaAdministrative Code (13 NCAC 7).
(l) "HazardousSubstance List" shall mean the list required by G.S. 95‑191.
(m) "Hazardoussubstance trade secret" means any formula, plan, pattern, device, process,production information, or compilation of information, which is not patented,which is known only to the employer, the employer's licensees, the employer'semployees, and certain other individuals, and which is used or developed foruse in the employer's business, and which gives the employer possessing it theopportunity to obtain a competitive advantage over businesses who do notpossess it, or the secrecy of which is certified by an appropriate official ofthe federal government as necessary for national defense purposes. The chemicalname and Chemical Abstracts Service number of a substance shall be considered atrade secret only if the employer can establish that the identity orcomposition of the substance cannot be readily ascertained without undueexpense by analytical techniques, laboratory procedures, or other lawful meansavailable to a competitor.
(n) "Label"shall mean any written, printed, or graphic material displayed on or affixed tocontainers of hazardous chemicals.
(o) "Manufacturingfacility" shall mean a facility classified in SIC Codes 20 through 39which manufactures or uses a hazardous chemical or chemicals in North Carolina.
(p) "MaterialSafety Data Sheets" or "MSDS" shall mean chemical informationsheets adopted by the Occupational Safety and Health Division of the NorthCarolina Department of Labor in Title 13, Chapter 7 of the North CarolinaAdministrative Code (13 NCAC 7).
(q) "Nonmanufacturingfacility" shall mean any facility in North Carolina other than a facilityin SIC Code 20 through 39, the State of North Carolina (and its politicalsubdivisions) and volunteer emergency service organizations whose members maybe exposed to chemical hazards during emergency situations.
(r) "OSHNCStandard" shall mean the current Hazard Communication Standard adopted bythe Occupational Safety and Health Division of North Carolina Department ofLabor in Title 13, Chapter 7 of the North Carolina Administrative Code (13 NCAC7).
(s) "Storage andContainer" shall have the ordinary meaning however it does not includepipes used in the transfer of substances or the fuel tanks of self propelledinternal combustion vehicles. (1985, c. 775, s. 1; 1987, c.489, ss. 1, 2; 1998‑217, ss. 28‑30.)