632.01 Application of chapter.
632.02 Exceptions to chapter.
632.03 Definitions.
632.04 Enforcement.
632.05 Master list of hazardous chemicals.
632.06 Right to information signs; hazard communication program.
632.07 Labels and placards.
632.08 Variances.
632.09 Filing and reporting requirements of employers.
632.10 Material safety data sheets.
632.11 Employee training and education program.
632.12 Inspections; investigations; issuance of citations; reports.
632.13 Remedies available to Law Director.
632.14 Trade secrets.
632.15 Rights of employees.
632.16 Effect of state law on application of chapter.
632.17 Time limits for compliance.
632.18 Conflict of laws.
632.19 Fire Chief as the Emergency Hazardous Material Manager; liability for cost of spills.
CROSS REFERENCES
Labeling of hazardous substances - see Ohio R.C. Ch. 3716
Solid and hazardous wastes - see Ohio R.C. Ch. 3734
Transportation of weapons, explosives, hazardous chemicals
Transportation of nuclear waste - see GEN. OFF. 660.13
Weapons and explosives - see GEN. OFF. Ch. 672
Storage of explosives, flammable liquids, etc. - see F.P. 1610.04
Sale of flammable liquids - see F.P. 1620.01
(a) This chapter, in appropriate sections, requires employers to provide information to their employees and to the designated representatives of such employees, about hazardous chemicals to which such employees are 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 Fire Division and to the Erie County Health Department, about the hazardous chemicals manufactured, used or stored inside the workplace and about the hazardous chemicals discharged from the workplace or stored as chemical waste at the workplace, by means of hazardous chemical lists, hazardous chemical discharge permits and reports and material safety data sheets, if requested.
(Ord. 85-50. Passed 9-16-85.)
(a) This chapter shall not apply to any employer which is an educational institution, a federal, state or county government, or any department, agency, board or commission thereof, but shall apply to the City and its agencies, departments and subdivisions.
(b) This chapter shall not apply to any laboratory operated by an otherwise covered employer, including research laboratories, analytical laboratories and medical laboratories, so long as the names of materials in such laboratories are available to the employees.
(c) This chapter shall not apply to any person or entity who or which employs domestic workers or casual laborers solely at a residence.
(d) This chapter shall not apply to hazardous chemicals in the process of being transported in, into or through the City.
(e) This chapter shall not apply to substances which are consumer products, foodstuffs or tobacco products packaged for distribution to, and intended for use by, the general public. This includes any product used by an employer in the same physical form, approximate amount, concentration and manner as used by consumers, and to which, in the employer's knowledge, employee exposure is not significantly greater than that of the consumer in foreseeable consumer uses of the product.
(f) This chapter shall not apply to toxic or hazardous substances in containers having a volume of one gallon or less of liquid, or a weight of ten pounds or less, except that such substances must be identified for the employees and must be identified on an area list.
(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. (Ord. 85-50. Passed 9-16-85.)
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.)
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