Section 296-839-100. Scope.

This chapter sets minimum requirements for content and distribution of material safety data sheets (MSDSs) and labels for hazardous chemicals.

• This chapter applies when you do one or more of the following:

– Import, produce, or repackage chemicals, including manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as articles

– Sell or distribute hazardous chemicals to manufacturers, distributors or employers

– Choose to develop material safety data sheets (MSDSs) for a product you do not import or manufacture.

Reference:

See WAC 296-800-170, the Employer chemical hazard communication rule, for MSDSs, label, and other requirements that apply when hazardous chemicals are used in your workplace.

Note:	• Use Table 2 to determine which sections in this chapter apply to your workplace.
	• Chapter 296-839 WAC, Content and Distribution of Material Safety Data Sheets (MSDSs) and Label Information, has been updated to WAC 296-901-140, Hazard communication. During the transition of the implementation dates below, employers can comply with this chapter or WAC 296-901-140, Hazard communication, until completion of the each effective date.

Exemptions:

• All of the following are always exempt from this chapter:

– Ionizing and nonionizing radiation

– Biological hazards

– Tobacco and tobacco products

• The chemicals and items listed in Table 1 are exempt from this chapter under the conditions specified.

Table 1

Conditional Exemptions from this Chapter

1	End use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item
2	This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html
3	EPA regulations are included in the Code of Federal Regulations (C.F.R.). See http://www.epa.gov
4	This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent laws of the state. See http://www.leg.wa.gov/wsladm/default.htm
5	See http://www.ecy.wa.gov

Use Table 2 to find out which sections of this chapter apply to you. For example, if you import AND sell hazardous chemicals ALL sections apply. WAC 296-839-500 applies to all employers covered by the scope of this chapter.

Table 2

Section Application

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. WSR 15-13-097, § 296-839-100, filed 6/16/15, effective 8/3/15. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 03-01-096, § 296-839-100, filed 12/17/02, effective 6/1/03.]

RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. WSR 15-13-097, § 296-839-100, filed 6/16/15, effective 8/3/15. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 03-01-096, § 296-839-100, filed 12/17/02, effective 6/1/03.

Rules

296-800-170,296-839,296-901-140,296-901-140,296-839-500,