50-3-2003 - Part definitions.
50-3-2003. Part definitions.
As used in this part, unless the context otherwise requires:
(1) Chemical manufacturer means an employer in Standard Industrial Classification Codes 20 through 39, Division D, Standard Industrial Classification Manual, with a workplace where a chemical or chemicals are produced for use or distribution;
(2) Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation;
(3) Commissioner means the commissioner of labor and workforce development or the commissioner's designee;
(4) Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name;
(5) Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this part, pipes or piping systems are not considered to be containers;
(6) Designated representative means any individual or organization to whom an employee gives written authorization to exercise the employee's rights under this part or a parent or legal guardian of a minor employee. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization;
(7) Distributor means any business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to manufacturing or non-manufacturing purchasers;
(8) Employee means any employee who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies. Office workers, ground maintenance personnel, security personnel or nonresident management are not generally included, unless their job performance routinely involves potential exposure to hazardous chemicals. For the purposes of this part, employee includes persons working for the state and its political subdivisions, as well as members of volunteer fire departments;
(9) Expose or exposure means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry, such as inhalation, ingestion, skin contact or absorption, etc. and includes potential, e.g., accidental or possible, exposure;
(10) Fire chief means the fire chief of the fire department having jurisdiction over a workplace;
(11) Hazardous chemical means any element, chemical compound or mixture of elements or compounds that is a physical hazard or health hazard as defined by the OSHA standard in 29 CFR 1910.1200(c) or a hazardous substance as defined by the OSHA standard in 29 CFR 1910.1200(d);
(12) Label means any written, printed or graphic material displayed on or affixed to containers of hazardous chemicals;
(13) Manufacturing employer means an employer with a workplace classified in Standard Industrial Classification Codes 20 through 39, Division D, Standard Industrial Classification Manual who manufactures or uses a hazardous chemical;
(14) Mixture means any combination of two (2) or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction;
(15) MSDS or material safety data sheet means a document prepared in accordance with the requirements of the OSHA standard;
(16) Non-manufacturing employer means an employer in any Standard Industrial Classification Codes other than 20 through 39, Division D, Standard Industrial Classification Manual, with a workplace where hazardous chemicals are used or stored for use, the state, its political subdivisions, and all volunteer fire departments;
(17) OSHA standard means the Hazard Communication Standard issued by the occupational safety and health administration in 48 FR 53280 et seq. (November 25, 1983), codified in 29 CFR 1910.1200;
(18) Trade secret means any confidential formula, pattern, process, device, information or compilation of information, including chemical name or other unique chemical identifier, 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;
(19) Work area means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present;
(20) Workplace means an establishment at one (1) geographical location containing one (1) or more work areas; and
(21) Workplace chemical list means the list of hazardous chemicals developed pursuant to § 50-3-2015.
[Acts 1985, ch. 417, § 3; 1999, ch. 520, § 41.]