§ 28-21-2 - Definitions.
SECTION 28-21-2
§ 28-21-2 Definitions. – For the purpose of this chapter, the terms defined in this section have thefollowing meanings. Where terms are not defined, the ordinarily acceptedmeanings within the proper context apply:
(1) "Chemical name" means the scientific designation of asubstance in accordance with the nomenclature system developed by theInternational Union of Pure and Applied Chemistry or the Chemical AbstractService Rules of Nomenclature.
(2) "Common name" means any designation or identification,such as trade name or number or code name or brand name, used by the employerto identify a substance other than by its chemical name.
(3) "Designated substance" means any substance containedwithin the list of toxic or hazardous substances covered by this chapterprovided they are in quantities exceeding two (2) gallons or ten (10) pounds ofthe substance within the workplace, except in the case of carcinogens, mutagen,or teratogen which shall be reported if the concentration is equal to orgreater than one part of the substance per ten thousand (10,000) by volume, andprovided further that nothing contained in this definition precludes thedirector of labor and training from establishing more stringent standardspursuant to rules and regulations in conformity with the AdministrativeProcedures Act, chapter 35 of title 42.
(4) "Employee" means a person who is:
(i) A current employee;
(ii) A former employee whose physician has reason to believethat an illness or injury may be related to former employment;
(iii) An employee assigned or transferred to work where therewill be exposure to designated substances; or
(iv) Any worker who may be exposed under normal conditions ofuse or foreseeable emergency to designated substances; and
(v) Includes employees of the state or one of its politicalsubdivisions.
(5) "Employee representative" means any attorney, physician,or employee organization that represents an employee or employees in a company.
(6) "Employer" includes an individual, partners,associations, corporations, business trusts, or any persons or group of personsacting directly or indirectly in the interest of an employer in relation to anemployee.
(7) "Expose" or "exposure" means any situation arising fromwork operation where an employee may ingest, inhale, absorb through the skin oreyes, or otherwise come into contact with a designated substance. The contactshall not be deemed to constitute exposure if the designated substance presentis in a physical state, volume, or concentration for which there is no validand substantial evidence that any adverse acute or chronic risk to human healthmay occur from the contact.
(8) "Hazardous substance" is any chemical substance listed inthe latest edition of the chemical data section of the "Fire Protection Guideon Hazardous Materials" as published by the National Fire ProtectionAssociation.
(9) "Immediate use" means the hazardous substance will beunder the control of and used only by the person who transfers it from alabeled container and only within the work shift in which it is transferred.
(10) "Mixture" means any solution or intimate admixture oftwo (2) or more substances that do not react chemically with each other.
(11) "Substance" means any element, entity, compound,combination, or any mixture thereof whether organic or inorganic.
(12) "To store" means to deposit or place a substance in alocale for a period of forty-eight (48) hours or more.
(13) "Toxic substance" is any chemical substance listed inthe latest edition of "Threshold Limit Value for Chemical Substance in the WorkEnvironment" as published by the American Conference of Governmental andIndustrial Hygienists and the list of carcinogens as published by theInternational Agency for Research on Cancer.
(14) "Work area" means any room or defined space, whetherwithin or outside of a building or other structure, where toxic or hazardoussubstances are present.
(15) "Workplace" means an establishment or business at onegeographic location containing one or more work areas.