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010.06.10 APPENDIX C. TO SAFETY CODE NO. 12.

AR ADC 010.06.10 APPENDIX CArkansas 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 APPENDIX C
010.06.10 APPENDIX C. TO SAFETY CODE NO. 12.
DETERMINATION (Mandatory)
The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of this standard is performance-oriented. Chemical manufacturers and employers evaluating chemicals are not required to follow any specific methods for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals produced or imported in accordance with the criteria set forth in this Appendix.
Hazard evaluation is a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance-orientation of the hazard determination does not diminish the duty of the chemical manufacturer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard.
(1) Carcinogenicity: As described in paragraph 12-(d)(4) and Appendix B of these regulations, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of these regulations.
(2) Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered in the evaluation.
(3) Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicals produced or used in the workplace. Therefore, the available results of toxicological testing in animal populations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the definitions of certain acute hazards refer to specific animal testing results (See Appendix B).
(4) Adequacy and reporting of data. The results of any studies which are designed and conducted according to established scientific principles, and which report statistically significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. The chemical manufacturer or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 010.06.10 APPENDIX C, AR ADC 010.06.10 APPENDIX C
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