Section 296-307-55060. Definitions.

Chemical

• An element or mixture of elements

OR

• A compound or mixture of compounds

OR

• A mixture of elements and compounds

Included are manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as an article.

Chemical manufacturer

An employer with a workplace where one or more chemicals are produced for use or distribution.

Chemical name

• The scientific designation of a chemical developed by the:

– International Union of Pure and Applied Chemistry (IUPAC)

OR

– Chemical abstracts service (CAS) rules of nomenclature

OR

– A name that clearly identifies the chemical for the purpose of conducting a hazard evaluation.

Combustible liquid

Liquids with a flashpoint of at least 100°F (37.8°C) and below 200°F (93.3°C). A mixture with at least 99% of its components having flashpoints of 200°F (93.3°C), or higher, is not considered a combustible liquid.

Commercial account

An arrangement where a retailer is selling hazardous chemicals to an employer

• Generally in large quantities over time

OR

• At costs below regular retail price.

Common name

Any designation or identification used to identify a chemical other than the chemical name, such as a:

• Code name or number

OR

• Trade or brand name

OR

• Generic name.

Compressed gas

A contained gas or mixture of gases with an absolute pressure greater than:

• 40 psi at 70°F (21.1°C)

OR

• 104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21.1°C)

OR

A liquid with a vapor pressure greater than 40 psi at 100°F (37.8°C) as determined by ASTM D323-72.

Container

A vessel, other than a pipe or piping system, that holds a hazardous chemical. Examples include:

• Bags

• Barrels

• Bottles

• Boxes

• Cans

• Cylinders

• Drums

• Rail cars

• Reaction vessels

• Storage tanks.

Designated representative

• An individual or organization with written authorization from an employee.

OR

• A recognized or certified collective bargaining agent (not necessarily authorized by an employee).

OR

• A legal representative of a deceased or legally incapacitated employee.

Director

The director means the director of the department of labor and industries or their designee.

Distributor

A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers. See WAC 296-307-560 through 296-307-56050 for requirements dealing with manufacturers, distributors and importers - hazard communication.

Employee

The term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.

Employer

An employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.

Explosive

A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.

Exposure or exposed

An employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:

• Inhalation

• Ingestion

• Skin contact

• Absorption

• Related means.

The terms exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical nonoccupational situations in the way it is:

• Used

• Handled

• Stored

• Generated

OR

• Present.

Flammable

A chemical in one of the following categories:

• Aerosols that, when tested using a method described in 16 C.F.R. 1500.45, yield either a:

– Flame projection of more than eighteen inches at full valve opening

OR

– A flashback (a flame extending back to the valve) at any degree of valve opening

• Gases that, at the temperature and pressure of the surrounding area, form a:

– Flammable mixture with air at a concentration of thirteen percent, by volume, or less

OR

– Range of flammable mixtures with air wider than twelve percent, by volume, regardless of the lower limit

• Liquids with a flashpoint below 100°F (37.8°C). A mixture with at least ninety-nine percent of its components having flashpoints of 100°F (37.8°C), or higher, is not considered a flammable liquid

• Solids, other than blasting agents or explosives, as defined in WAC 296-52-417 or 29 C.F.R. 1910.109(a), that:

– Is likely to cause fire through friction, moisture, absorption, spontaneous chemical change or retained heat from manufacturing or processing

OR

– That can be readily ignited (and when ignited burns so vigorously and persistently that it creates a serious hazard)

OR

– When tested by the method described in 16 C.F.R. 1500.44, ignite and burn with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.

Flashpoint

• The minimum temperature at which a liquid gives off an ignitable concentration of vapor, when tested by any of the following measurement methods:

– Tagliabue closed tester. Use this for liquids with a viscosity less than 45 Saybolt Universal Seconds (SUS) at 100°F (37.8°C), that do not contain suspended solids and do not tend to form a surface film under test. See American National Standard Method of Test for Flashpoint by Tag Closed Tester, Z11.24.1979 (ASTM D 56-79)

– Pensky-Martens closed tester for liquids with a viscosity equal to, or greater than, 45 SUS at 100°F (37.8°C), or for liquids that contain suspended solids, or have a tendency to form a surface film under test. See American National Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester, Z11.7.1979 (ASTM D 93-79)

– Setaflash closed tester: See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78).

Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above.

Foreseeable emergency

Any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.

Hazardous chemical

A chemical, which is a physical or health hazard.

Hazard warning

Words, pictures, or symbols (alone or in combination), that appear on labels (or other forms of warning such as placards or tags) that communicate specific physical and health hazard(s), (including target organ effects), associated with chemical(s) in a container.

Health hazard

A chemical that may cause health effects in short or long-term exposed employees based on statistically significant evidence from a single study conducted by using established scientific principles. Health hazards include, but are not limited to, any of the following:

• Carcinogens

• Toxic or highly toxic substances

• Reproductive toxins

• Irritants

• Corrosives

• Sensitizers

• Hepatotoxins (liver toxins)

• Nephrotoxins (kidney toxins)

• Neurotoxins (nervous system toxins)

• Substances that act on the hematopoietic system (blood or blood forming system)

• Substances that can damage the lungs, skin, eyes, or mucous membranes.

Identity

A chemical or common name listed on the material safety data sheet (MSDS) and label.

Importer

The first business within the customs territory of the USA that:

• Receives hazardous chemicals produced in other countries

AND

• Supplies them to manufacturers, distributors or employers within the USA.

Material safety data sheet (MSDS)

Written, printed or electronic information (on paper, microfiche, or on-screen) that informs manufacturers, distributors or employers about the chemical, its hazards and protective measures as required by this rule.

Mixture

A combination of 2 or more chemicals that retain their chemical identity after being combined.

Organic peroxide

An organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.

Oxidizer

A chemical, other than a blasting agent or explosive as defined in WAC 296-52-417 or C.F.R. 1910.109(a), that starts or promotes combustion in other materials, causing fire either of itself or through the release of oxygen or other gases.

Permissible exposure limits (PELs)

See WAC 296-307-628 for the definition of this term.

Physical hazard

A chemical that has scientifically valid evidence to show it is one of the following:

• A combustible liquid

• A compressed gas

• Explosive

• Flammable

• An organic peroxide

• An oxidizer

• Pyrophoric

• Unstable (reactive)

• Water reactive.

Produce

To do one or more of the following:

• Manufacture

• Process

• Formulate

• Blend

• Extract

• Generate

• Emit

• Repackage.

Purchaser

An employer who buys one or more hazardous chemicals to use in their workplace.

Pyrophoric

Chemicals that ignite spontaneously in the air at a temperature of 130°F (54.4°C) or below.

Responsible party

Someone who can provide more information about the hazardous chemical and appropriate emergency procedures.

Specific chemical identity

This term applies to chemical substances. It can mean the:

• Chemical name

• Chemical abstracts service (CAS) registry number

• Any other information that reveals the precise chemical designation of the substance.

Trade secret

Any confidential:

• Formula

• Pattern

• Process

• Device

• Information

• Collection of information.

The trade secret is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it.

See WAC 296-62-053 for requirements dealing with trade secrets.

Unstable (reactive)

A chemical in its pure state, or as produced or transported, that will vigorously polymerize, decompose, condense, or become self-reactive under conditions of shocks, pressure or temperature.

Use

To do one or more of the following:

• Package

• Handle

• React

• Emit

• Extract

• Generate as a by-product

• Transfer.

Water-reactive

A chemical that reacts with water to release a gas that is either flammable or presents a health hazard.

Work area

A room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.

Workplace

The term workplace means an establishment, job site, or project, at one geographical location containing one or more work areas.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 05-01-166, § 296-307-55060, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-17-033, § 296-307-55060, filed 8/8/01, effective 9/1/01.]

RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 05-01-166, § 296-307-55060, filed 12/21/04, effective 4/2/05. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-17-033, § 296-307-55060, filed 8/8/01, effective 9/1/01.

Rules

296-307-560,296-307-56050,296-52-417,296-52-417,296-307-628,296-62-053,