(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)