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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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16 DE Admin. Code 4456
The Department was previously authorized by 16 Del.C. §2412 to promulgate regulations to ensure that information regarding hazardous chemicals is accessible to employees who may be exposed to such chemicals in the workplace and to emergency service organizations whose members may be exposed to such chemical hazards during emergency situations.
Pursuant to 29 Del.C. §10113(b)(5), no public hearing or period of public comment is required for amendments to existing regulations to make them consistent with changes in basic law.
The Department repealed the attached amendments on July 15, 2013.
WHEREAS, the Department was previously charged with the regulation of the Hazardous Chemical Act;
WHEREAS, the regulations are now over 25 years old and duplicate OSHA requirements to which employers must comply;
NOW, THEREFORE, in consideration of these premises, and with the authority in 29 Del.C. §10113(b)(5), the Department hereby repeals the attached regulations.
The Department hereby adopts the proposed repeal of the regulations to be effective 10 days following final publication of this order in the Delaware Register of Regulations.
IT IS SO ORDERED this 15th day of July, 2013 by the Secretary of the Department of Health and Social Services.
4456 Hazardous Chemical Act
These Regulations Are Adopted By The State Board Of Health Pursuant To The Authority Invested In The Board By 16 Del.C. 122 (1), (3) (B) And (J), And 16 Del.C. 2412. The Purpose Of These Regulations Is To Ensure That Information Regarding Hazardous Chemicals Is Accessible To Employees Who May Be Exposed To Such Chemicals In The Workplace And To Emergency Service Organizations Whose Members May Be Exposed To Such Chemical Hazards During Emergency Situations. This Regulation Is Intended To Address Comprehensively The Issue Of Communicating Chemical Hazards To Employees In The Non-manufacturing Sector As Well As The Manufacturing Sector Until Such Time As The OSHA Hazard Communication Standard Takes Effect.
"Act" means the Hazardous Chemical Information Act as stated in 16 Del.C. Ch. 24.
“Agricultural Employer" means an employer with a workplace classified in Standard Industrial Classification (SIC) Codes 01 through 08.
"Article" means a manufactured item:
It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens by the National Toxicology Program (latest edition); or
"Chemical Manufacturer" means an employer in Standard Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution.
"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 or the Chemical Abstracts Service (CAS) rules of nomenclature or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
"Combustible Liquid" means any liquid having a flash point at or above 100° F (38.8 C), but below 200° F (93.3° C), except any mixture having components with flash points of 200° F (93.3° C), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture.
"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.
"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 Act, pipes or piping systems are not considered to be containers.
"Corrosive" A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours.
"Designated Representative" means the individual or organization to whom an employee gives written authorization to exercise such employee's rights under this chapter. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
"Distributor" means any business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to purchasers.
"Employee" means any person who may be exposed to hazardous chemicals in his or her workplace under normal operating conditions or foreseeable emergencies. Office workers, ground maintenance, security personnel or nonresident management are not included unless their job performance routinely involves potential exposure to hazardous chemicals. For the purposes of this chapter, "employee" includes persons working for the State of Delaware and its political subdivisions, as well as members of volunteer emergency service organizations.
"Employer" means any individual, corporation, or association engaged in a business in Delaware that has employees, including the State and its political subdivisions. This term does not include persons who hire domestic workers or casual workers for their place of residence.
"Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
"Expose or Exposure" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.) and includes potential (e.g., accidental or possible) exposure.
"Flammable" means a chemical that falls into one of the following categories:
"Aerosol Flammable" means an aerosol that, when tested by the method described in 16 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;
"Gas, Flammable" means:
"Liquid Flammable" means any liquid having a flash point below 100° F (37.8° C), except any mixture having components with flash points of 100° F (37.8° C) or higher, the total of which make up 99 percent or more of the total volume of the mixture.
"Solid, Flammable" means a solid, other than a blasting agent or explosive as defined in 29 CFR 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
"Flash Point" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:
"Foreseeable Emergency" means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
“Hazard Warning" means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazards of the chemical (s) in the container (s).
"Hazardous Chemical" means any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard.
"Health Hazard" means a chemical which is a carcinogen, toxic, highly toxic, an irritant, a corrosive, a sensitizer, a reproductive toxin (teratogen or mutagen), or affects a target organ such as the liver, kidney, eye, or skin, or an organ system such as the blood, or nervous system.
"Highly Toxic" A chemical falling within any of the following categories:
"Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required Workplace Chemical List, the label and the MSDS.
"Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or manufacturing purchasers within the United States.
"Irritant" A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. A chemical is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques.
"Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.
"Manufacturing Employer" means an employer with a workplace classified in SIC Codes 20 through 39 who manufacturers or uses a hazardous chemical.
"Material Safety Data Sheet (MSDS)" means a document containing chemical hazard and safe handling information, provided that, after November requirements of the OSHA Standard for such document contained in 29 CFR 1910.1200 (g).
"Mixture" means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
"Non-manufacturing Employer" means an employer with a workplace in a SIC Code other than 20 through 39, the State of Delaware, its political subdivisions, and all volunteer emergency service organizations.
"OSHA Standard" means the Hazard Communication Standard issued by the Occupational Safety and Health Administration (OSHA) in Title 29 Code of Federal Regulations (CFR) Part 1910.1200 as published in the Federal Register Vol. 48, No. 228 dated November 25, 1983.
"Organic Peroxide" means an organic compound that contains the bivalent -0-0- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
"Oxidizer" means a chemical other than a blasting agent or explosive as defined in 29 CFR 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.
"Physical Hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
"Produce" means to manufacture, process, formulate, or repackage.
"Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130 F (54.4° C) or below.
"Responsible Party" means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
"Retail Food Sale Establishments" means a business classified in SIC Code 54 through 58.
"Retail Trade Establishments" means a business classified in SIC Code 52 through 59.
"Secretary" means the Secretary of the Department of Health and Social Services of the State of Delaware.
"Sensitizer" A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.
"Specific Chemical Identity" means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
"Technically Qualified Individual" means a person who, because of education, training, or experience, understands the health risks associated with hazardous chemicals, and is familiar with the protective procedures to be followed in the use and handling of such substances.
"Toxic" A chemical falling within any of the following categories:
"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.
"Unstable (reactive)" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure, or temperature.
"Use" means to package, handle, react, or transfer.
"Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.
"Work Area" means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.
"Workplace Chemical List" means the list of hazardous chemicals developed pursuant to Section 2.400 of these regulations.
"Workplace" means an establishment at one geographical location containing one or more work areas.
11.1.3 The Right-To-Know Information Office is required by 16 Del.C. 2414(e) of the Act to respond to requests for information about hazardous chemicals from the citizens of Delaware.
Last Updated: December 31 1969 19:00:00.
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