Iowa Admin. Code r. 875-110.1 - Purpose, scope and application

Current through Register Vol. 44, No. 6, September 22, 2021

(1) Purpose. The purpose of Chapters 110, 120, 130, and 140 is to implement Iowa Code chapter 89B. The rules in Chapter 110 are to ensure that the hazards of all chemicals produced or imported are evaluated and that the information is transmitted to affected employers. This chapter is enforced under Iowa Code chapters 88 and 89B.

Chapter 120 provides that information concerning chemical hazards is transmitted to affected employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets, and employee training. This chapter is enforceable under Iowa Code chapter 88.

Chapter 130 addresses the procedures for the public to gain access to information on hazardous chemicals used in the community, the administrative procedures to determine the extent of the information required to be presented, and the actions to compel the release of the information when the employer does not voluntarily release the information.

Chapter 140 addresses the procedures by which an employer submits information to the local fire department on the hazardous chemicals at the employer's workplace.

(2) Scope, application, and exemptions. These chapters require chemical manufacturers or importers to assess the hazards of chemicals which they produce or import, and all employers, except those exempted in subrule 110.1(3), to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers. These rules apply to any chemical which is known to be present in the workplace so that employees may be exposed under normal conditions of use or in a foreseeable emergency.
(3) Exemption of employers -laboratories. These rules apply to laboratories only as follows:
a. Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
b. Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees; and
c. Employers shall ensure that laboratory employees are apprised of the hazards of chemicals in their workplaces in accordance with rule 875-120.6 (88,89B).
(4) Exemption of employers -minimal exposure operations. In working 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 retail sales), 875-Chapters 110 and 120 apply to these operations only as follows:
a. Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
b. Employers shall maintain copies of any material safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a material safety data sheet for sealed containers of hazardous chemicals received without a material safety data sheet if an employee requests the material safety data sheet, and shall ensure that the material safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and
c. Employers shall ensure that employees are provided with information and training in accordance with rule 875-120.6 (88,89B) except for the location and availability of the written hazard communication program under paragraph 120.6(1)"c," to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.
(5) Exemptions. This chapter and 875-Chapter 120 do not require labeling of the following chemicals:
a. Any pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.), when subject to the labeling requirements of the 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 defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 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 defined in the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq.) and regulation 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, and Firearms; and
d. Any consumer product or hazardous substance as defined in the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act ( 15 U.S.C. 1261 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.
e. These rules do not apply to:
1. Any hazardous waste as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended ( 42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;
2. Tobacco or tobacco products;
3. Wood or wood products;
4. Articles;
5. Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;
6. Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act ( 15 U.S.C. 1261 et seq.) respectively, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure which is not greater than exposure experienced by consumers; and
7. Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.), when it is in solid, final form for direct administration to the patient (i.e., tablets or pills).

This rule is intended to implement Iowa Code subsections 89B.4(1) and 89B.8(5).

Notes

Iowa Admin. Code r. 875-110.1

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