The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Article.” A manufactured item which is formed to a specific shape or design during manufacture, which has end use functions dependent in whole or in part upon its shape or design during end use and which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use.

“Chemical.” Any element, substance, chemical compound or mixture of elements, substances or compounds, but shall not include an article as defined herein, food, drugs or cosmetics as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301 et seq.), cosmetics, tobacco or products which are primarily intended for sale on the retail market to the general public and are sealed in the packages to be used therewith.

“Chemical Abstracts Service number.” The unique identification number assigned by the Chemical Abstracts Service to chemicals.

“Chemical identification sheet or CIS.” A written document, prepared in accordance with the requirements of this act, which contains, in the case of a hazardous mixture, the identity by chemical name, common name and Chemical Abstracts Service number, all special hazardous substances comprising 0.01% or more of the mixture and all hazardous substances comprising 1% or more of the mixture and all other substances comprising 3% or more of the mixture.

“Chemical name.” The scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service rules of nomenclature.

“Common name.” Any designation or identification other than a chemical name or trade name, by which a substance is generally known, such as a nonsystematic scientific name, which clearly identifies a single chemical or mixture and which is unique to that specific chemical or mixture.

“Container.” A receptacle used to hold a liquid, solid or gaseous substance including, but not limited to, bottles, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats and stationary tanks. The term does not include containers into which substances are transferred by the employee from labeled containers and which are intended only for the immediate use by the employee who performs the transfer, or containers which are primarily designed to be sold on the retail market for use by the general public.

“Department.” The Department of Labor and Industry.

“Employee.” Any person currently working for an employer, except domestic or casual laborers employed at the employer's place of residence. A former employee shall be considered an employee hereunder, except that the former employee's rights hereunder shall be subject to a request made by the former employee and received by the employer.

“Employee representative.” An individual or organization authorized by an employee or employees to exercise his or her or their rights to request information under this act. A recognized or certified collective bargaining agent for an employee shall be considered to be an employee representative without regard to individual employee authorization.

“Employer.” Any individual, partnership, corporation or association doing business in the Commonwealth, including the Commonwealth, its political subdivisions, including school districts, and any officer, board, commission, agency, authority or other instrumentality thereof.

“Environmental hazard.” Any substance, emission or discharge determined by the department to be a hazardous substance and which, because of its particular or extreme properties, poses a danger if released into the environment.

“Exposure.” Any situation arising from a workplace operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact with a chemical or mixture.

“Hazardous mixture.” Any mixture that contains one or more hazardous substances as defined herein, in a concentration of 1% or greater in the mixture or any mixture that contains one or more special hazardous substances or environmental hazards in concentrations of 0.01% or greater in the mixture. For the purposes of this act, where a special hazardous mixture is combined with one or more chemicals or mixtures to form a new mixture, the new mixture shall be considered to be a hazardous mixture.

“Hazardous substance.” Any chemical or mixture defined as hazardous pursuant to section 3.¹ For the purposes of this act, any hazardous mixture is a hazardous substance.

“Hazardous Substance Fact Sheet or HSFS.” A written document prepared by the department for the purpose of transmitting information about a hazardous substance to employers, employees or members of the general public.

“Hazard warning.” Words, pictures, symbols or a combination of these appearing on a label which conveys information regarding actions or cautions to be taken with regard to the associated hazardous substance.

“Health professional.” Any physician, nurse, industrial hygienist, toxicologist or epidemiologist providing medical, occupational health or environmental health services.

“Importer.” The first business within the customs territory of the United States which handles chemicals produced in other countries and intended for sale and distribution to purchasers within the United States.

“Label.” A sign, emblem, sticker or marker affixed to or stenciled into a container listing the information required pursuant to section 6.²

“Manufacturer.” Any individual, partnership, corporation, association or other person who provides, extracts, produces, uses or otherwise makes chemicals for sale or distribution.

“Material Safety Data Sheet or MSDS.” A written document prepared by a manufacturer, supplier or importer in conformity with the requirements set forth in section 4³ for the purpose of transmitting information concerning a chemical.

“Mixture.” A combination of two or more chemicals not involving a chemical reaction.

“NIOSH Registry of Toxic Effects of Chemical Substances.” The on-line data base of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances.

“OSHA.” The Federal Occupational Safety and Health Administration.

“Research and development laboratory.” A specially designated area used primarily for research, development, teaching or testing activity, and not primarily involved in the production of goods for commercial sale, in which chemicals are used by or under the direct supervision of a technically qualified person. For the purpose of this act, a technically qualified person is a person who, because of education, training or experience, understands the risks associated with the hazardous substance or mixture containing a hazardous substance handled by employees under his or her supervision or guidance.

“Sealed package.” A portable container into which the manufacturer, importer or supplier has placed a chemical or chemicals, and which is sealed by said manufacturer, importer or supplier for transport to another location, and which is intended to remain sealed until reaching its final destination. A sealed package shall also include those containers used to transport hazardous wastes in accordance with the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510, 26 U.S.C. § 4611 et seq. and 42 U.S.C. § 9601 et seq.).

“Special hazardous substance.” A hazardous substance so designated by the department because its particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosiveness, corrosivity or reactivity poses a special hazard to health and safety.

“Supplier.” Any individual, partnership, corporation, association or other person, inside or outside the Commonwealth, who manufactures, supplies, imports or distributes any chemical for sale, distribution or use within the Commonwealth.

“Trade name.” Any designation or identification such as a code name or number, or a brand name, used by an employer or supplier to identify a chemical other than by its chemical or common name.

“Trade secret.” Any formula, plan, pattern, process, production data, information or compilation of information, including chemical or common name, which is known only to an employer and a limited number of other individuals, and which is used in the fabrication and production or development of a product, process or service and which gives the employer possessing it a competitive advantage over businesses who do not possess it, or the secrecy of which is certified by an appropriate official of the Federal Government as necessary for national defense purposes.

“Workplace.” Any building or work area or contiguous group of buildings or work areas at one geographical location composing a plant site in the Commonwealth used by the employer on a permanent or temporary basis to conduct business.

“Work area.” Any room, section of a room or defined space within a workplace where one or more workers are based for the regular performance of their duties.