Home Table of Contents

010.06.10-3. DEFINITIONS.

AR ADC 010.06.10-3Arkansas 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 010.06.10-3
010.06.10-3. DEFINITIONS.
Currentness
12-(c) DEFINITIONS.
(1) “Article” means a manufactured item:
(i) Which is formed to a specific shape or design during manufacture;
(ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(iii) which does not release, or otherwise result in exposure to, a hazardous chemical, under normal conditions of use.
(2) “Chemical” means any element, chemical compound or mixture of elements and/or compounds.
(3) “Chemical manufacturer” means an employer with a workplace where chemical(s) are produced for use or distribution.
(4) “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 (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
(5) “Combustible liquid” means any liquid having a flashpoint at or above 100°F (37.8°C), but below 200°F (93.3°C), except any mixture having components with flashpoints of 200°F (93.3°C), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture.
(6) “Common name” means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
(7) “Compressed gas” means:
(i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70°F (21.1°C); or
(ii) a gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21.1°C); or
(iii) a liquid having a vapor pressure exceeding 40 psi at 100°F (37.8°C) as determined by ASTM D-323-72.
(8) “Container” means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of these regulations, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
(9) “Designated representative” means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under these regulations. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
(10) “Director” means the Director of the Arkansas Department of Labor, or his designee.
(11) “Distributor” means a business other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
(12) “Employee” or “Public Employee” means any worker employed by a public employer who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies. Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals. The term “employee” or “public employee” includes:
(i) State Employees and Officers: Any officer or employee of any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help or authorized overtime payable from funds deposited in the State Treasury or depositories other than the State Treasury by the General Assembly;
(ii) Public School Employees: Any officer or employee of the various school districts of this state;
(iii) Municipal Employees: Any officer or employee of the municipalities of this state, the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities;
(iv) County Employees: Any officer or employee of the counties of this state, the employees of any board, commission, department, or institution owned, operated, managed, and administered by the counties; and
(v) Volunteer Workers: Any volunteer worker acting subject to the order, control, direction or supervision of a public employer. This includes volunteer firefighters deemed to be county employees for the purpose of workers' compensation coverage pursuant to Ark. Code Ann. § 20-22-809 (Supp. 1991). Prisoners or inmates incarcerated in state, county or local government facilities are not covered.
(13) “Employer” or “Public Employer” means:
(i) Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited in the State Treasury or depositories other than the State Treasury by the General Assembly;
(ii) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed and administered by a municipality of the State of Arkansas.
(A) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not covered under these regulations;
(B) Any unincorporated city or town shall not be deemed to be a public employer;
(iii) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas. However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not covered under these regulations;
(iv) Any of the various school districts in the State of Arkansas;
(v) The State Office of Emergency Services and any local government unit making use of emergency service volunteer workers.
(14) “Explosive” means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
(15) “Exposure” or “exposed” means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g. accidental or possible) exposure.
(16) “Flammable” means a chemical that falls into one of the following categories:
(i) “Aerosol, flammable” means an aerosol that, when tested by the method described in 16 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;
(ii) “Gas, flammable” means:
(A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or
(B) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit;
(iii) “Liquid, flammable” means any liquid having a flashpoint below 100°F (37.8°C), except any mixture having components with flashpoints of 100°F (37.8°C) or higher, the total of which make up 99 percent or more of the total volume of the mixture;
(iv) “Solid, flammable” means a solid, other than a blasting agent or explosive as defined in 29 CFR 190.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.
(17) “Flashpoint” means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follow:
(i) Tagliabue Closed Tester (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt University Seconds (SUS) at 100°F (37.8°C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
(ii) Pensky-Martens Closed Tester (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100°F (37.8°C), or that contain suspended solids, or that have a tendency to form a surface film under test; or
(iii) Setaflash Closed Tester (See American National Standard Method of Test For Flash Point by Setaflash Closed Tester (ASTMD 3278-78)
Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flash point determination methods specified above.
(18) “Foreseeable emergency” means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
(19) “Hazardous chemical” means any chemical which is a physical hazard or a health hazard.
(20) “Hazard warning” means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazard(s) of the chemical(s) in the container(s).
(21) “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. The term “health hazard” includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix B provides further definitions and explanations of the scope of health hazards covered by this section, and Appendix C describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard.
(22) “Identity” means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
(23) “Immediate use” means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.
(24) “Label” means any written printed, or graphic material, displayed on or affixed to containers of hazardous chemicals.
(25) “Material safety data sheet (MSDS)” means a written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph 12-(g) of these regulations.
(26) “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.
(27) “Organic peroxide” means an organic compound that contains the bivalent-O-O-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(28) “Oxidizer” means a chemical other than a blasting agent or explosive as defined in 29 CFR 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.
(29) “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.
(30) “Produce” means to manufacture, process, formulate, or repackage.
(31) “Pyrophoric” means a chemical that will ignite spontaneously in air at a temperature of 130°F (54.4°C) or below.
(32) “Specific chemical identity” means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
(33) “Trade secret” means any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. Appendix E sets out the criteria to be used in evaluating trade secrets.
(34) “Unstable (reactive)” means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.
(35) “Use” means to package, handle, react, or transfer.
(36) “Water-reactive” means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard.
(37) “Work area” means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.
(38) “Workplace” means an establishment, job site, or project, at one geographical location containing one or more work areas under a public employer's control or direction.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 010.06.10-3, AR ADC 010.06.10-3
End of Document