WAC 296-839-100   Scope.  This chapter sets minimum requirements for content and distribution of material safety data sheets (MSDSs) and labels for hazardous chemicals.

     • This chapter applies when you do one or more of the following:

     – Import, produce, or repackage chemicals, including manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as articles

     – Sell or distribute hazardous chemicals to manufacturers, distributors or employers

     – Choose to develop material safety data sheets (MSDSs) for a product you do not import or manufacture.

     Reference:

     See WAC 296-800-170, the Employer chemical hazard communication rule, for MSDSs, label, and other requirements that apply when hazardous chemicals are used in your workplace.

Note:

• Use Table 2 to determine which sections in this chapter apply to your workplace.

     Exemptions:

     • All of the following are always exempt from this chapter:

     – Ionizing and nonionizing radiation

     – Biological hazards

     – Tobacco and tobacco products

     • The chemicals and items listed in Table 1 are exempt from this chapter under the conditions specified.

Table 1 Conditional Exemptions from this Chapter
This chapter does NOT apply to	When
• Alcoholic beverages OR • Foods	• Sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, bar, or tavern)
• An article (manufactured item)	• It is not a fluid or particle AND • It is formed to a specific shape or design during manufacture for a particular end use function1 AND • It releases only trace amounts of a hazardous chemical during normal use AND does not pose a physical or health risk to employees
• Consumer products      – Produced or distributed for sale meeting the definition of "consumer products" in the Consumer Product Safety Act (see U.S. Code, Title 15, Chapter 47, section 20522) OR • Hazardous household products      – Meeting the definition of "hazardous substances" in the Federal Hazardous Substance Act (see U.S. Code, Title 15, Chapter 30, section 12612)	• Both criteria apply:      – They are used in the workplace for the same purpose as intended by the manufacturer or importer      – The duration and frequency of an employee's exposure is no more than the range of exposures that consumers might reasonably experience
• Cosmetics	• Packaged and sold in retail establishments
• Drugs      – Meeting the definition for "drugs" in the Federal Food, Drug, and Cosmetic Act (see U.S. Code, Title 21, Chapter 9, Subchapter II, section 3212)	• In solid, final form (for example, tablets, or pills) for direct administration to the patient OR • Packaged and sold in retail establishments (for example, over-the-counter drugs) OR • Intended for employee consumption while in the workplace (for example, first-aid supplies)
• Hazardous solid wastes      – Meeting the definition of "hazardous wastes" in the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (see U.S. Code, Title 42, Chapter 82, Subchapter I, section 69032)	• Subject to the United States Environmental Protection Agency (EPA) regulations3
• Hazardous substances      – Released into the environment, meeting the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (see U.S. Code, Title 42, Chapter 103, Subchapter I, section 96012)	• They are the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations (Title 40 of the Code of Federal Regulations (CFR)3)
• Hazardous wastes      – Meeting the definition of "dangerous wastes" in the Hazardous Waste Management Act (see chapter 70.105 RCW4)	• Subject to department of ecology regulations, chapter 173-303 WAC5, that address the accumulation, handling and management of hazardous waste, and describe all of the following:      – Safety      – Labeling      – Personnel training      – And other related requirements
• Solid wood OR • Wood products (for example, lumber, and paper)	• All of the following apply      – The material is not treated with hazardous chemicals      – The only hazard is potential flammability or combustibility      – The product is not expected to be processed (for example, by sanding or sawing)

	ΉEnd use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item
	2This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html
	3EPA regulations are included in the Code of Federal Regulations (CFR). See http://www.epa.gov
	4This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent laws of the state. See http://www.leg.wa.gov/wsladm/default.htm
	5See http://www.ecy.wa.gov

     Use Table 2 to find out which sections of this chapter apply to you. For example, if you import AND sell hazardous chemicals ALL sections apply. WAC 296-839-500 applies to all employers covered by the scope of this chapter.

TABLE 2 Section Application
If you	Then the sections marked with an "X" apply
	20005 - 20010	30005	30010 - 30015	40005
• Import or produce chemicals	X	X
• Sell or distribute hazardous chemicals to      – Manufacturers      OR      – Distributors      OR      – Employers      (includes retail or wholesale transactions)			X	X
• Choose to develop MSDSs for a product you do not import or manufacture	X	X

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-01-096, § 296-839-100, filed 12/17/02, effective 6/1/03.]