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printreg, January, 2003
Hazardous Items Exempt from OSHA's Hazard Communication Standard


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From: Debra Jacobson(djacobson@istc.illinois.edu)
Date: Tue, 14 Jan 2003 09:17:43


For additional information and guidance on OSHA's Haz Com standards see the PNEAC fact sheets at http://pneac.org/sheets/all/index.cfm

See The Printer's One Plan Approach to the OSHA Hazard Communication Program, the EPA Emergency Response Plan, and the EPA Risk Management Plan and Basic OSHA Recordkeeping & Training Requirements Affecting Printing
Regards,
Debra Jacobson

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29 CFR 1910.1200 (b)(6) What hazardous items are exempt from OSHA's Hazard Communication Standard?

OSHA exempts several materials from the Hazard Communication Standard. These materials are fully exempt from the standard's requirements for MSDSs, labeling, and training. They can, however, be subject to other OSHA regulations or regulations promulgated by other government agencies. The exempt materials include:
- Hazardous waste subject to regulation by EPA
- Hazardous substances, when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations
- Tobacco and tobacco products

- Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted

- Articles (manufactured items other than a fluid or particle that is formed to a specific shape or design during manufacture; which has end use depends on its shape or design; and which under normal conditions of use does not release more than very small quantities of a hazardous chemical, and does not pose a physical hazard or health risk to employees)

- Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace

-Drugs, as that term is defined in the Federal Food, Drug, and Cosmetic Act, when in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies)

- Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace

- Consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act and Federal Hazardous Substances Act, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended

- Nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered by the Hazard Communication Standard

- Ionizing and nonionizing radiation
- Biological hazards

Source: Source: "reg of the day" listserv operated by Tammy Silverthorne @ the Environmental Resource Center



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