As used in this chapter, certain terms are defined as follows:
(a) "Carcinogen" means an agent which meets the definition of a potential occupational carcinogen as specified in 29 CFR 1990.103 and qualified in 29 CFR 1990. 143-144 (45 Fed. Reg. 5282, et seq., January 22, 1980) or is identified in a previous Occupational Safety and Health Administration regulation, National Cancer Institute or National Toxicology Program bioassay, or International Agency for Research on Cancer monograph as carcinogens or potential carcinogens in human beings or animals.
(b) "Chemical name" means the scientific designation 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 for those substances listed in Section 777.04.
(c) "Common name" means any designation of 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.
(d) "Container" means any bag, barrel, bottle, box, can, cylinder, drum, storage tank, reaction vessel, or the like that contains a hazardous chemical. For purposes of this section, pipes, piping systems or transfer containers used in production are not considered to be containers.
(e) "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this chapter. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
(f) "Discharge" means the emission of a hazardous chemical into the air, water, including the sewer system, or onto the land.
(g) "Emergency" means any sudden, accidental occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which may or does result in an uncontrolled release of a hazardous chemical into the work place.
(h) "Employee" means a current employee, a temporary employee, an employee being assigned or transferred to work where there will be exposure to hazardous chemicals or a former employee, where the information is necessary for medical treatment.
(i) "Employer" means the City of Canton and any person, firm, corporation, partnership, association or other entity in the City which is in any of the following Standard Industrial Codes (SIC): 7, 13 through 17, 20 through 39, 41, 42, 45, 48 through 50, 53, 54, 55, 70, 72, 75, 80, 516, 517, 7333, 7342 and 7349. In construction situations, "employer" means that person or entity directly in control of the toxic or hazardous substance in the work place.
(j) "Exposure" or "exposed" means that any employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion or skin contact) and includes potential (e.g., accidental or emergency) exposure.
(k) "Hazardous and/or toxic chemical or substance" means any substance set forth on the Master List promulgated pursuant to Section 777.04 and any substance which is known by the employer to present a significant risk of injury or illness as the result of foreseeable use, handling, accidental spill, exposure or contamination. Any mixture which is comprised of at least one percent (1%) (by weight or volume) of any chemical set forth on the list promulgated pursuant to Section 777.04 or one-tenth percent (0.1%) of a chemical on such list which has been determined to be a carcinogen, reproduction toxin, mutagen or sensitizer shall also be considered hazardous for purposes of this chapter, unless the mixture has been evaluated as a whole and the data indicate it is not hazardous.
(l) "Mutagen" means an agent which causes heritable changes in genetic material, as identified through appropriate mutagen test systems, such as those described in the Detailed File Description to the 1980 Edition of the NIOSH Registry of Toxic Effects of Chemical Substances (RTECS, p. xx-xxii).
(m) "Reproductive toxin" means an agent which causes fetal wastage or undergrowth, malformation, growth retardation or functional disorders in the products of mammalian conception or prematurity or diminished fertility.
(n) "Sensitizer" means an agent which leads to the development of either a hypersensitive allergic reaction involving normal tissue upon reapplication of the agent or a photodynamic reaction. The hypersensitive reaction may be of the anaphylactic, immediate, delayed or fixed type and may be of acute, subacute or chronic duration.
(o) "Use" means handle, react, process, package or repackage, or transfer.
(p) "Waste" includes all hazardous material required to be reported under Section 777.07(b).
(q) "Work area" means a room or defined space in an establishment where hazardous chemicals are produced or used and where employees are present.
(r) "Work place" means an establishment at one geographical location containing one or more work areas.
(Ord. 11-85. Passed 1-14-85.)
(Ord. 11-85. Passed 1-14-85.)