Title 45, Chapter 22, Section 2
As used in this chapter, the term:
(1) "Article" means a finished product or manufactured item:
(A) Which is formed to a specific shape or design during
(B) Which has end use functions dependent in whole or in part
upon its shape or design during end use; and
(C) Which has either no change of chemical composition during
end use or only those changes of composition which have no
commercial purpose separate from that of the article.
(2) "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 system
developed by the Chemical Abstracts Service.
(3) "Commissioner" means the Commissioner of Labor or his
(4) "Common name" means any designation or identification such as
a code name, code number, trade name, or brand name used to
identify a chemical other than by its chemical name.
(5) "Contractor," "independent contractor," or "public contractor"
means any person under a contract or agreement to provide labor or
services to a public employer.
(6) "Department" means the Department of Labor.
(7) "Distributor" means an individual or employer, other than the
manufacturer or importer, who supplies hazardous chemicals
directly to users or to other distributors.
(8) "Employee" or "public employee" means any person who is
employed by any branch, department, board, bureau, commission,
authority, or other agency of the state and any inmate under the
jurisdiction of the Department of Corrections performing a work
assignment which requires the handling of any hazardous chemicals.
Such term shall not include those employees of the Environmental
Protection Division of the Department of Natural Resources who are
responsible for on-site response and assistance in the case of
environmental emergencies while such employees are engaged in
responding to such emergencies.
(9) "Employer" or "public employer" means any branch, department,
board, bureau, commission, authority, or other agency of the state
which employs or appoints an employee or employees. An
independent contractor or subcontractor shall be deemed the sole
employer of its employees, even when such employees are performing
work at the workplace of another employer.
(10) "Exposed" or "exposure" means that an employee is required by
a public employer to be subjected to a hazardous chemical in the
course of employment through any route of entry, including but not
limited to, inhalation, ingestion, skin contact, or absorption and
includes potential or accidental exposure.
(11) "Hazardous chemical" means any chemical which is a physical
hazard or a health hazard.
(11.1) "Health hazard" means a chemical for which there is
statistically significant evidence based on at least one study
conducted in accordance with established scientific principles
that acute or chronic health effects may occur in exposed
employees and shall include all examples of hazardous chemicals to
which reference is made in the definition of "health hazard" under
the Occupational Safety and Health Administration standard, 29 CFR
Section 1910.1200 (1987).
(12) "Importer" means the first individual or employer within the
Customs Territory of the United States who receives hazardous
chemicals produced in other countries for the purpose of supplying
them to distributors or users within the United States.
(13) "Impurity" means a hazardous chemical which is
unintentionally present with another chemical or mixture.
(15) "Manufacturer" means a person who produces, synthesizes,
extracts, or otherwise makes hazardous chemicals.
(16) "Material safety data sheet" means the document prepared by
manufacturers in accordance with the requirements of the
Occupational Safety and Health Administration standard, 29 CFR
Sections 1910.0000 through 1910.1500 (1987) and containing the
(A) The chemical name and the common name of the hazardous
(B) The hazards or other risks in the use of the hazardous
(i) The potential for fire, explosion, corrosivity, and
(ii) The known acute and chronic health effects of risks from
exposure, including the medical conditions which are generally
recognized as being aggravated by exposure to the hazardous
(iii) The primary routes of entry and the symptoms of
(C) The proper precautions, handling practices, necessary
personal protective equipment, and other safety precautions in
the use of or exposure to the hazardous chemicals, including
appropriate emergency treatment in case of overexposure;
(D) The emergency procedures for spills, fire, disposal, and
(E) A description in lay terms of the known specific potential
health risks posed by the hazardous chemical intended to alert
any person reading this information; and
(F) The year and month, if available, that the information was
compiled and the name, address, and emergency telephone number
of the manufacturer responsible for preparing the information.
(17) "Medical emergency" means a medical condition which poses an
imminent threat to a person's health, caused or suspected to have
been caused by exposure to a hazardous chemical, and which
requires immediate treatment by a physician.
(18) "Mixture" means any combination of two or more chemicals, if
the combination is not, in whole or in part, the result of a
(19) "Occupational Safety and Health Administration standard"
means the Hazard Communication Standard issued by the Occupational
Safety and Health Administration, 29 CFR Sections 1910.0000
through 1910.1500 (1987).
(20) "Person" means any individual, natural person, public or
private corporation, incorporated association, government,
government agency, partnership, or unincorporated association.
(20.1) "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.
(21) "Produce" means to manufacture, process, formulate, or
(22) "Specific chemical identity" means the chemical name, the
Chemical Abstracts Service Registry Number, or any other specific
information which reveals the precise chemical designation.
(23) "Work area" means a room inside a building or structure, an
outside area, or other defined space in a workplace where
hazardous chemicals are produced, stored, or used and where
employees are present in the course of their employment.
(24) "Workplace" means an establishment or business at one
geographic location at which work is performed by a state employee
and which contains one or more work areas. In the case of an
independent contractor or subcontractor, the workplace shall be
defined as all work areas wholly owned or controlled by such
independent contractor or subcontractor.