393.01 Application
393.02 Scope of Coverage
393.03 Definitions
393.04 Master List of Toxic and Hazardous Substances
393.05 Hazard Determination and Communication Program
393.06 Labels and Placards
393.07 Employer Filing Requirements
393.08 Material Safety Data Sheet (MSDS)
393.09 Employee Training Program
393.10 Duties of the Fire Division
393.11 Registration and Fees
393.12 Variances
393.13 Remedies Available to Law Director
393.14 Conflict and Invalidity
393.15 Separability
393.16 Hazardous Chemicals Committee
393.17 Trade Secrets
393.18 Employee Rights
393.19 Sunset Division
393.20 Effective Dates
393.21 Confidentiality Agreement
393.99 Penalties
Cross-reference:
Fire Division, CO 135.21 et seq.
Fire Division, CO 135.21 et seq.
Statutory reference:
Labeling of Hazardous Materials, RC Ch. 3716
Labeling of Hazardous Materials, RC Ch. 3716
(a) This chapter in appropriate sections, requires employers to provide information to their employees and to designated representatives of these employees about hazardous chemicals to which these employees may be exposed by means of a hazard communication program, labels, placards, work area hazardous chemical lists, material safety data sheets, and information training.
(b) This chapter, in appropriate sections, requires employers to provide information to the City of Cleveland’s Fire Division about the hazardous chemicals manufactured, used or stored inside the workplace by means of a hazardous chemical list, hazardous chemical discharge permits, and reports and material safety data sheets, if requested.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) This chapter shall apply: to Standard Industrial Codes (SIC) 7, 13 through 17, 20 through 39, 41, 42, 44, 45, 48 through 50, 516, 517, 5198, 53 through 55 (except 554), 70, 72, 733, 734, 7349, 7395, 75, 7692, 80 (except 807), 82, 84, 863 and nonclassifiable establishments unless expressly exempted by the Fire Chief; to all governmental bodies except the federal government, or any department, agency, board or commission thereof; and to any industry which the Fire Chief determines is cleaning hazardous and/or toxic chemicals from bulk containers.
(b) If no highly hazardous chemicals are present in a particular workplace and if that workplace either has twelve (12) or fewer employees or less than an aggregate of fifty (50) gallons or five hundred (500) pounds of hazardous chemicals present, then only Section 393.05(c), 393.06(a)(1), 393.07(a), 393.10 and 393.11(b)(5) of this chapter shall apply. If such workplace contains any highly hazardous chemicals, then the entire chapter shall apply.
(c) This chapter shall not apply to toxic or hazardous substances in containers having a volume of one (1) gallon or less of liquid, or a weight of ten (10) pounds or less, except that such substances must be identified for the employees, and must be identified on an area list.
(d) This chapter shall not apply to any laboratory operated by an otherwise covered employer, including educational laboratories, research laboratories, analytical laboratories, or medical laboratories, so long as the chemical names in such laboratories are available to the employees or the employees’ representative.
(e) This chapter shall not apply to hazardous chemicals or to workers involved with those chemicals in the process of being transported into, or through the City of Cleveland.
(f) This chapter shall not apply to substances which are consumer products, food stuffs or tobacco products intended for use by the public without further alterations by a manufacturer or employer.
(g) This chapter does not apply to chemicals which are foods, drugs, cosmetics or tobacco products intended for personal consumption by employees while in the workplace.
(h) This chapter shall not apply to any article manufactured or formed which, in its intermediate or end use function(s) does not release, or otherwise result in exposure to a hazardous chemical under normal conditions of use.
(i) This chapter shall not apply to hazardous chemicals during the first five (5) business days after they first enter the workplace, if, despite reasonable efforts of the employer to comply with this chapter, such substances arrive without conforming labels or material safety data sheets.
(j) This chapter shall not apply to gasoline or kerosene if it is present in a workplace in quantities of less than fifty-five (55) gallons or five hundred fifty (550) pounds, or to propane if it is used as a fuel.
(k) If, after November 25, 1985, regulation has commenced under the federal Hazard Communication Standard contained in 29 C.F.R. 1910.1200, then the Board of Building Standards and Building Appeals shall, in accordance with its procedures contained in Section 393.12, grant a categorical exemption in SIC Codes, 20-39, provided that affected employers continue to satisfy the requirements set forth in Subsections 393.06(d) and 393.07(a), (b) and (c).
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) “Chemical name” is the scientific designation in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstract Service (CAS) rules of nomenclature for those substances referred to in Section 393.04.
(b) “Common name” means a code name, code number, trade name, brand name, generic name or any other means used to identify a chemical order than by its chemical name.
(c) “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.
(d) “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.
(e) “Discharge” means the emission of a hazardous chemical into the air or water, or onto the land, whether accidental or intentionally.
(f) “Employee” includes any worker who may be exposed, on or after the effective date of this chapter, under normal conditions of use or foreseeable emergencies to hazardous chemicals including, but not limited to, production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel and non-resident management are excluded unless their jobs involve exposure to hazardous chemicals. In the case of a deceased or legally incapacitated employee, the employee’s legal representative may directly exercise all the employee’s rights under this chapter.
(g) “Employer” means any person, firm, corporation, association or other entity in the City of Cleveland if any portion of its activities falls within the coverage under Section 393.02. In determining whether it is covered by this chapter, each employer shall be guided by the standards contained in the most recent Standard Industrial Classification Manual, published by the Office of Management and Budget. In the case of ambiguity, the Fire Chief shall make an assignment in conformance with those standards.
(h) “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 exposure, without regard to the use of personal protective equipment, but does not include situations where the employer can demonstrate to the Fire Division inspection personnel that the hazardous chemical is not used, handled, stored, generated, or present in the workplace in any manner different from typical, non-occupational situations.
(i) “Hazardous and/or toxic chemical” means any substance set forth on the list promulgated pursuant to Section 393.04. 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 393.04 or one-tenth of one percent (0.1%) of a chemical which is identified on said list as a carcinogen, reproductive toxin, mutagen or sensitizer (“Highly hazardous chemical”) shall also be considered hazardous for purposes of this chapter, unless the mixture has been evaluated as a whole by the Fire Chief in consultation with the Hazardous Chemical Committee, and the data indicates it is not hazardous.
(j) “Highly hazardous chemical” means any substance identified as a carcinogen, reproductive toxin, mutagen, or sensitizer on the list promulgated pursuant to Section 393.04.
(k) “Physical hazard” means a chemical identified by OSHA as a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
(l) “Use” means handle, react, process, package, or repackage.
(m) “Waste” includes all hazardous material required to be reported under Section 393.07(b).
(n) “Work area” means a room or defined space in an establishment where hazardous chemicals are produced, used, or stored.
(o) “Workplace” means all buildings, structures and storage at one (1) geographical location which contains one (1) or more work areas.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) No later than one hundred eighty (180) days from the date of enactment of this chapter, the Fire Chief of the City of Cleveland, in consultation with the Hazardous Chemicals Committee created under Section 393.16 of this chapter, shall compile a Master List of Toxic and/or Hazardous Chemicals, using as reference the sources in Subsections 393.04(a)(1)-(8). The Fire Chief may indicate a threshold quantity and/or concentration hazard level, using appropriate references, including the Cleveland Fire Prevention Code and the Ohio Fire Code. Substances whose aggregate presence in the workplace falls below the stated threshold levels shall be excluded from regulation under this chapter. The Master List shall indicate which chemicals were listed as carcinogens, sensitizers, reproductive toxins or mutagens on the source list.
(1) The occupational Safety and Health Administrator’s list of Toxic and Hazardous Substances, 29 C.F.R. 1910, Subpart Z.
(2) The U.S. Department of Transportation’s Hazardous Materials Table, 49 C.F.R. 172.101.
(3) The American Conference of Governmental and Industrial Hygienist’s list entitled “Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.”
(4) The International Agency for Research on Cancer’s sublist entitled “Substances found to have at least sufficient evidence of carcinogenity in animals.”
(5) The National Toxicology Program’s list of chemicals published in the annual report on carcinogens.
(6) The “Chemical Hazards to Human Reproduction” list, by Ian Nisbet and Nathan J. Karch; Clement Associates, Inc. Arlington, Virginia; 1983.
(7) The sensitizer list in “Index of signs and symptoms of Industrial Diseases”, the Johns Hopkins University, School of Hygiene and Public Health; 1980 or such other list of sensitizers which the Fire Chief determines is appropriate.
(8) Such other substances as the Fire Chief deems hazardous.
(b) In consultation with the Hazardous Chemicals Committee created under Section 393.16 of this chapter, the Fire Chief shall review such lists at least annually. He or she shall make revisions of the Master List as often as is necessary, arrange for publishing them in the City Record, and place them on file in the Public Administration Library and in every City fire station.
(c) The Fire Chief shall append to the Master List and annually revise a description of all mixtures determined not to be hazardous and/or toxic chemicals under Section 393.03(i).
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) Every employer manufacturing, using, or storing hazardous chemicals in the workplace shall post a sign in the form as follows this subsection at the location or locations where notices to employees are normally posted to inform employees that they or their designated representatives have a right to information from the employer regarding the toxic or hazardous effects of the chemicals and the circumstances under which these effects may be produced. Such sign shall emphasize that any reports to the Fire Division of apparent violations shall remain confidential:
NOTICE TO EMPLOYEES YOU HAVE A RIGHT TO KNOW Your employer must inform you of the chemical name and health hazards of the hazardous chemicals in your workplace. Learn all you can about hazardous chemicals on your job. For information, contact: _______________________________________________________________________________ (name of company representative) ________________________________________________________________________________ (location and phone number) If your employer fails to train or inform you about hazardous chemicals in your workplace, please notify: Cleveland Fire Department, Fire Prevention Bureau; 216-664-6664. All reports will remain confidential. |
(b) Each employer shall develop and implement a hazard communication program for its workplace which meets criteria specified in Sections 393.06 through 393.09 for labels and placards, material safety data sheets, employees information and training, and hazardous chemical lists. The employer may rely on an existing hazard communication program to comply with this section provided it meets the criteria specified in Sections 393.06 through 393.09.
(c) Each employer shall develop and post in each work area a list of all hazardous or toxic chemicals in that work area, identified by chemical name, unless otherwise provided under the trade secret provisions of Section 393.17.
(Ord. No. 483-2020. Passed 6-17-20, eff. 6-23-20)
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