"Article" means a finished product or
(a) Which is formed to a
specific shape or design during manufacture;
(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 (IUPAC) or the
Chemical Abstracts Service.
"Commissioner" means the Commissioner of the Department of Labor or his
(4) "Common name" means
any designation or identification such as code name, code number, trade name,
or brand name used to identify a chemical other than by its chemical
"independent contractor," or "public contractor" means any person under a
contract or agreement to provide labor or services to a public
(6) "Department" means
the Georgia 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 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
(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 or health hazard.
"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
29 CFR Section
(13) "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 employers within the United States.
(14) "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
data sheet (MSDS)" 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 chemical;
The hazards of other risks in the use of
the hazardous chemical including:
potential for fire, explosion, corrositivity, and reactivity;
2. 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 chemical;
3. The primary routes of entry
and the symptoms of overexposure;
(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 spill, fire,
disposal, and first aid;
description in lay terms of the known specific potential health risks posed by
the hazardous chemical intended to alert any person reading this information;
(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
"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
(18) "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.
"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).
"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.
means any individual, natural person, public or private corporation,
incorporated association, government, government agency, partnership, or
"Produce" means to manufacture, process, formulate, or repackage.
(23) "Specific chemical identify" means the
chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other
information that reveals the precise chemical designation.
(24) "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.
(25) "Workplace" means an establishment or
business at one geographic location at which work is performed by state
employees 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