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(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)
(a) The employer shall ensure that each container of hazardous or toxic substances in the workplace is labeled, tagged or marked:
(1) With the chemical name where said name is not a trade secret under Section 393.17. Employers may use the common name in addition to the chemical name to identify the chemical;
(2) With Department of Transportation (DOT) required labels for all substances regulated by DOT;
(3) With a cancer warning for all materials identified as carcinogens on the list required by Subsection 393.04(a). The cancer warning shall say, “Warning: Chemicals in this container can cause cancer.” The label shall be large enough to be clearly legible.
(b) When stationary containers in a work area have similar contents and hazards, the employer may post signs or placards to convey the required information rather than affixing labels to each container.
(c) Where containers or process equipment contain hazardous chemicals and the contents change frequently, or where labels would be obscured or destroyed by heat, spillage or other factors, the employer may post signs or placards to convey the required information.
(d) Each work area shall have hazard warnings, including the category and degree of hazard conveyed through the color and number coding system adopted by the National Fire Protection Association, Inc., as published in the 1980 edition of NFPA 704, entitled “Standard System for the Identification of the Fire Hazards of Materials”. A copy of the NFPA 704 shall be on file for public inspection in the Clerk of Council’s office and the Cleveland Law Library.
In some situations, a wide variety of materials may be stored in a particular work area having varying degrees of hazards. In such cases, the identifying NFPA symbol shall indicate the most severe degree of hazard present except when a high hazard rating would be misleading because of the presence of an insignificant quantity of the material requiring the rating.
(e) This chapter does not require labeling for materials required to be labeled under the following Acts or Regulations issued under them: Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.), Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), Federal Alcohol Administration Act (27 U.S.C. 201 et seq.), Consumer Product Safety Act (15 U.S.C. 2051), Federal Hazardous Substance Act (15 U.S.C. 1261), and the Atomic Energy Act (42 U.S.C. 2011 et seq.).
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) Each employer shall compile and update at least annually a list of all hazardous or toxic chemicals manufactured, used or stored in the workplace. The list shall conform to the requirements of Section 393.05(c) of this chapter or to the requirements of any separately required program which applies in lieu of this chapter. The list shall be filed annually with the Fire Division and made available, at cost, to employees, employee representatives or community representatives.
(b) Each employer shall also forward to the Fire Division, upon request, its written hazard communication program, and any MSDS obtained by it.
(c) Each employer shall immediately report to the Fire Division any information concerning any spill, leak, discharge or emission of any hazardous and/or toxic substance in the workplace of reportable quantities as defined under the U.S. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or “Superfund”) or any other toxic or hazardous chemical included on the list under Subsection 393.07(a) if the spill or discharge exceeds one (1) gallon.
(d) The provisions of Subsections (a), (b) and (c) shall not apply to employers engaged in the business of construction provided such employers are in compliance with the provisions of Section 393.08 of this chapter and the quantity of any industrial toxic or hazardous substance manufactured, used or stored is less than fifty-five (55) gallons of liquid or the equivalent thereof in its solid or gaseous state.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) Each employer shall obtain a material safety data sheet for each hazardous chemical or toxic substance which it manufactures, uses, or stores. Each material safety data sheet shall be entitled as such and contain the following information:
(1) The identity used on the label, and, except as provided in Section 393.17 governing trade secrets:
A. If the hazardous chemical is a single substance, or a mixture which has been tested as a whole to determine its hazards, its chemical and common names;
B. If the hazardous chemical is a mixture which has not been tested as a whole, the chemical and common names of all ingredients set forth on the list promulgated pursuant to Section 393.04 and which comprise greater than one percent (1%) of the composition, or one tenth of one percent (0.1%) of the composition for chemicals on said list determined to be carcinogens; and
C. The chemical and common names of all ingredients set forth on the list pursuant to Section 393.04 which have been determined to be physical hazards.
(2) The physical and chemical characteristics of the hazardous chemicals including flash point, vapor pressure, vapor density, solubility, specific gravity;
(3) The fire and explosion data of the hazardous chemical, including flammability limits, autoignition temperature, extinguishing media, special fire fighting procedures, and unusual fire and explosion hazards;
(4) The reactivity characteristics including stability, hazardous decomposition products, incompatibility with other materials, and whether the hazardous chemical will polymerize or not;
(5) The known acute and chronic health effects of exposure to the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical;
(6) The primary route(s) of entry into the body and OSHA permissible exposure limit, ACGIH Threshold Limit Value and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available;
(7) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest edition), or by OSHA. (Such list shall be on file in the Fire Division);
(8) Any generally applicable precautions for safe handling and use which are known to the employer or preparer, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks;
(9) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment;
(10) Emergency first aid procedures;
(11) The date of preparation of the material safety data sheet or the last change to it;
(12) The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information and appropriate emergency procedures, if necessary;
(13) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer shall mark it to indicate that no applicable information was found;
(14) Where complex mixtures have similar hazards and contents (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one (1) material safety data sheet to apply to all these similar mixtures;
(15) The employer shall update the material safety data sheet within ninety (90) days of the time the employer is notified by the preparer of the MSDS or within ninety (90) days of the time the employer becomes aware of any new and significant information regarding the health hazard of a chemical.
(b) The employer shall maintain copies of the most recent required material safety data sheet in each workplace and shall ensure that they are readily accessible to employees during each work shift.
(c) The employer shall provide one (1) copy of a material safety data sheet to any employee, designated representative, or the Fire Division by the close of business on the next workday following a written request made to the appropriate company representative.
(d) The provisions of Subsection (c) hereof shall not apply to employers engaged in the business of construction provided such employers ensure that copies of the material safety data sheets for each toxic or hazardous substance are available during all hours of operations.
(e) If an MSDS is not available from a supplier, seller or manufacturer of a toxic or hazardous substance or mixture, then upon an employee’s or an employee representative’s request to inspect the MSDS, an employer who is only a processor, user, or storer of the toxic or hazardous substance or mixture shall be deemed to satisfy his or her obligations under this section if:
(1) Within ten (10) working days of the employee’s request the employer makes a written inquiry to the supplier, seller or manufacturer requesting an MSDS or equivalent information. If the employer has made such an inquiry in the preceding six (6) months, then an additional inquiry need not be made;
(2) The employer notifies the employee, in writing, of the date that the inquiry was made, to whom it was made, and the response, if any, received; and
(3) The employer notifies the employee of the availability of MSDS within ten (10) working days of receipt of the MSDS from the supplier, seller or manufacturer, or provides a copy of the MSDS to the employee within ten (10) working days of the receipt of the MSDS.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) Employers shall provide employees with information and training on hazardous chemicals and toxic substances as listed on the Master List pursuant to Section 393.04 in their work areas at the time of their initial assignment, and whenever a new hazardous chemical or toxic substance listed on said Master List is introduced into their work area. Employees shall be informed of:
(1) The requirements of this chapter;
(2) Any operations in their work area where hazardous chemicals are present; and
(3) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this chapter.
(b) Employee training shall include at least:
(1) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducts by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
(2) The physical and health hazards of the chemicals in the work area;
(3) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;
(4) The details of the hazard communication program developed by the employer, including an explanation of the labeling system, the material safety data sheet, and how employees can obtain and use the appropriate hazard information; and
(5) A copy of Section 393.18 dealing with Employee Rights. This shall be posted in each work area or included in the employee training information.
(c) The employer shall keep a written record of the employee training program. Information on this record shall include a list of employees trained, when the training took place, the name and qualifications of the trainer, and the subjects covered.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
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