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010.06.10-2. SCOPE AND APPLICATION.

AR ADC 010.06.10-2Arkansas Administrative Code

West's Arkansas Administrative Code
Title 010. Department of Labor
Division 06. Industrial Safety Division
Rule 10. Safety Code, Code NO. 12: Public Employees' Chemical Right to Know Act (Refs & Annos)
Ark. Admin. Code 010.06.10-2
010.06.10-2. SCOPE AND APPLICATION.
Currentness
12-(b) SCOPE AND APPLICATION
(1) These regulations require chemical manufacturers and distributors to provide public employers with material safety data sheets on hazardous chemicals purchased, produced or otherwise obtained. These regulations require all public employers to provide information to their employees about the hazardous chemicals to which they are exposed under normal operating conditions or in foreseeable emergencies, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training.
(2) These regulations apply to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.
(3) These regulations do not require labeling of the following chemicals:
(i) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency;
(ii) 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. 301 et. seq.) and regulations issued under that Act, when they are subject to the labeling requirements under that Act by the Food and Drug Administration;
(iii) 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. 201 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, and Firearms; and,
(iv) 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, 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.
(4) These regulations do not apply to:
(i) 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 (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;
(ii) Tobacco or tobacco products;
(iii) Wood or wood products;
(iv) Articles;
(v) Food, drugs, cosmetics, or alcoholic beverages purchased in a retail establishment and packaged for sale to consumers;
(vi) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;
(vii) 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,
(viii) 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).
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 010.06.10-2, AR ADC 010.06.10-2
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