Cal. Code Regs. Tit. 8, § 5194 Hazard Communication

• Library: California Code of Regulations
• Edition: 2023
• Currency: Current through Register 2023 Notice Reg. No. 52, December 29, 2023
• Citation: Cal. Code Regs. Tit. 8, § 5194
• Year: 2023

(a) (Reserved)

(b) Scope and Application.

(1) This section requires manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they may be exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers.

(2) This section applies to any hazardous chemical which is known to be present in the work place in such a manner that employees may be exposed under normal conditions of use or in a reasonably foreseeable emergency resulting from work place operations.

(3) This section applies to laboratories that primarily provide quality control analyses for manufacturing processes or that produce hazardous chemicals for commercial purposes, and to all other laboratories except those under the direct supervision and regular observation of an individual who has knowledge of the physical hazards, health hazards, and emergency procedures associated with the use of the particular hazardous chemicals involved, and who conveys this knowledge to employees in terms of safe work practices. Such excepted laboratories must also ensure that labels of incoming containers of hazardous chemicals are not removed or defaced pursuant to section 8undefined5194(f)(9), and must maintain any safety data sheets that are received with incoming shipments of hazardous chemicals and ensure that they are readily available to laboratory employees pursuant to section 8undefined5194(g).

(4) This section does not require labeling of the following chemicals: (A) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C 7undefined136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; (B) Any food, food additive, color additive drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C 21undefined301 et seq.) and regulations issued under that Act, when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration; (C) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C 27undefined201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and; (D) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 15undefined2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 15undefined1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.

(5) This section does not apply to (A) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42U.S.C. 42undefined6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency; (B) Tobacco or tobacco products; (C) Wood or wood products including lumber which will not be processed, where the manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (non-excluded hazardous chemicals which are used in conjunction with wood or wood products, or are known to be present as impurities in those materials, and wood which may be subsequently sawed or cut, generating dust, are covered by this section); (D) Articles (hazardous chemicals used in the manufacture or use of an article are covered by this section unless otherwise excluded); (E) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace; (F) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair work areas; (G) Consumer products packaged for distribution to, and use by, the general public, provided that employee exposure to the product is not significantly greater than the consumer exposure occurring during the principal consumer use of the product; (H) The use of a chemical in compliance with regulations of the Director of the Department of Pesticide Regulation issued pursuant to section California Food and Agricultural Code.undefined12981 of the Food and Agricultural Code. (I) Work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or transportation); however, this section does apply to these operations as follows:1. Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; 2. Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and, 3. Employers shall ensure that employees are provided with information and training in accordance with subsection (h) except for the location and availability of the written hazard communication program under subsection (h)(2)(C), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.

(6) Proposition 65 Warnings. (A) Notwithstanding any other provision of law including the preceding subsections, an employer which is a person in the course of doing business within the meaning of Health and Safety Code Section California Health and Safety Codeundefined25249.11(a) and (b), is subject to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or the "Act") (Health and Safety Code § California Health and Safety Codeundefined25249.5 et seq.), and shall comply with the Act in the manner set forth in subsections (B) and (C) below. The following employers are not subject to the Act 1. an employer employing fewer than ten employees; 2. any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; 3. any entity in its operation of a public water system as defined in Health and Safety Code Section California Health and Safety Codeundefined4010.1. (B) Exposures Subject to Proposition 65 and Hazard Communication. Before exposing any employee to any hazardous substance that otherwise falls within the scope of this section and which requires a warning under this Act (see 22 CCR Section 22undefined12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall comply with the requirements set forth in subsections (d) through (k). Such compliance shall be deemed compliance with the Act. (C) Exposures Subject to Proposition 65 Only. Before knowingly and intentionally exposing any employee to any hazardous substance that does not otherwise fall within the scope of the section, but which requires a warning under the Act (see 22 CCR Section 22undefined12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall either provide a warning to employees in compliance with California Code of Regulations Title 22 (22 CCR) Section 8undefined12601(c) in effect on May 9, 1991 or shall comply with the requirements set forth in subsections (d) through (k). (D) Exposures Not Subject to Proposition 65. A warning required by subsection (B) and (C) above shall not apply to any of the following:1. An exposure for which federal law governs warning in a manner that preempts state authority. 2. An exposure that takes place less than twelve months subsequent to the listing of the chemical in 22 CCR Section 22undefined12000. 3. An exposure for which the employer responsible can show that the...