As used in this chapter:
(a) "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 632.05.
(b) "Commission" means the Erie County Health Commission established by Resolution 82R-13 and operated in conjunction with and by direction of the Mayor.
(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 or which 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 any 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 workplace.
(g) "Employee" means a current employee, temporary employee, casual employee or employee being assigned or transferred to work where there will be 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. "Employee" includes any worker who may be exposed, on or after the effective date of this chapter (Ordinance 85-50, passed September 16, 1985), 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 nonresident management are excluded unless their job involves exposure to hazardous chemicals.
(h) "Employer" means the City and any person, firm, corporation, partnership, association or other entity in the City. In construction situations, "employer" means that person or entity directly in control of the toxic or hazardous substance in the workplace.
(i) "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, without regard to the use of personal protective equipment, but does not include situations where the employer can demonstrate that the hazardous chemical is not used, handled, stored, generated or present in the workplace in any manner different from typical, nonoccupational situations.
(j) "Hazardous chemical" means any substance set forth on the list promulgated pursuant to Section 632.05. Any mixture which is comprised of one percent (by weight or volume) of any chemical set forth on such list, or of 0.1 percent of a chemical on such list which has been determined to be a carcinogen, reproductive 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 indicates it is not hazardous.
(k) "Use" means handle, react, process, package, repackage or transport.
(l) "Waste" includes all hazardous material required to be reported under Section 632.09.
(m) "Work area" means a room or defined space in an establishment where hazardous chemicals are produced or used, where exposure could occur and where employees are present.
(n) "Workplace" means an establishment at one geographical location containing one or more work areas.
(Ord. 85-50. Passed 9-16-85.)