WAC 296-839-20005   Conduct complete hazard evaluations.       Important:

     • Hazard evaluation is a process where hazards of chemicals are identified by reviewing available research or testing information. You are not required to perform your own laboratory research or testing to meet the requirements of this section

     – Information from hazard evaluations is used to complete material safety data sheets (MSDSs) and labels

     – MSDSs from your suppliers may be used to complete the hazard evaluation for chemicals you produce

     – MSDSs and labels are NOT required for chemicals that are determined to be nonhazardous

     • Importers and manufacturers are required to develop MSDSs. If you choose to develop MSDSs for a product you do not import or manufacture, then this chapter also applies to you.

     You must:

     (1) Describe in writing your procedures for conducting hazard evaluations.

     (2) Conduct a complete hazard evaluation for ALL chemicals you produce or import to determine if they are hazardous chemicals.

     • Identify and consider available scientific evidence of health and physical hazards

     • Evidence that meets the criteria in Table 3 must be used to establish a hazard

     • Chemicals identified in a Table 4 source must be regarded as hazardous

     • The scope of health hazards considered must include the categories in Tables 5 and 6

     • If the chemical is a mixture, follow the additional criteria in Table 7.

     If you find evidence that meets the criteria in Table 3, use it in your hazard evaluation.


Table 3

Criteria for Hazard Evidence
Hazard Criteria
• Health hazard • Where available, use human case reports of health effects

AND

• One or more studies that

     – Are based on human populations, if available, and animal populations1,2

AND

     – Report statistically significant conclusions of a hazardous effect or health hazard (as defined in

     this rule)

AND

     – Have been conducted following established scientific principles
• Physical hazard • Valid evidence that shows a chemical is any one of the following3:

     – A combustible liquid

     – A compressed gas

     – Explosive

     – Flammable

     – An organic peroxide

     – An oxidizer

     – Pyrophoric

     – Unstable (reactive)

     – Water-reactive

1 If human data is not available, use results of tests done on animals and other available studies to predict health effects on employees (for example, effects resulting from short and long-term exposures to chemicals).
2 In vitro studies alone do not generally form the basis of a finding of hazard.
3These terms are defined in WAC 296-839-500.

     Chemicals identified in the sources listed in Table 4 must be assumed to be hazardous (including carcinogens and potential carcinogens).


Table 4

Information Sources Identifying Hazardous Chemicals
• Sources that address a broad range of hazard categories:

     – Chapter 296-62 WAC, General Occupational Health Standards, WISHA

     – 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA)

     – Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).

• Sources that identify carcinogens or potential carcinogens:

     – Chapter 296-62 WAC, General Occupational Health Standards, WISHA

     – 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA)

     – National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition)

     – International Agency for Research on Cancer (IARC) Monographs (latest editions).

Note:     The Registry of Toxic Effects of Chemical Substances is published by the National Institute for Occupational Safety and Health (NIOSH) and identifies chemicals found to be potential carcinogens by the NTP and IARC.

     Chemicals meeting Table 5 definitions, along with the criteria for established evidence in Table 3, must be regarded as hazardous.

     Table 5 is NOT intended to present all hazard categories or test methods. Available scientific data involving other test methods and animal species must also be evaluated to determine a chemical's hazards.


Table 5

Standard Health Hazard Categories
A chemical is considered to be If
• A carcinogen • The International Agency for Research on Cancer (IARC) considers it to be a carcinogen or potential carcinogen

OR

• The National Toxicity Program (NTP) (latest edition) lists it as a carcinogen or potential carcinogen

OR

• It is regulated by WISHA or OSHA as a carcinogen
• Corrosive • It causes visible destruction of, or irreversible alterations in, living tissue (not inanimate surfaces) by chemical action at the site of contact

Example:

     – A chemical is corrosive if tested on the intact skin of albino rabbits by a method described by the U.S. Department of Transportation (in Appendix A to 49 CFR Part 173) and it destroys or changes (irreversibly) the structure of the tissue at the contact site after a four-hour exposure period
• Toxic • It has a median lethal dose (LD50) greater than 50 milligrams per kilogram, but no more than 500 milligrams per kilogram of body weight, when administered orally to albino rats weighing between 200 - 300 grams each.

OR

• It has a median lethal dose (LD50) greater than 200 milligrams per kilogram, but not more than 1,000 milligrams per kilogram, of body weight when administered by continuous contact for twenty-four hours (or less if death occurs within twenty-four hours) with the bare skin of albino rabbits weighing between 2 - 3 kilograms each
  OR

• It has a median lethal concentration (LC50), in air:

     – Greater than 200 parts per million, but not more than 2,000 parts per million (by volume of gas or vapor)
OR

     – Greater than 2 milligrams per liter, but not more than 20 milligrams per liter, of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats, weighing between 200 - 300 grams each
• Highly toxic • It has a median lethal dose (LD50) of 50 milligrams, or less, per kilogram of body weight when administered orally to albino rats weighing between 200 - 300 grams each

OR

• It has a median lethal dose (LD50) of 200 milligrams, or less, per kilogram of body weight when administered by continuous contact for twenty-four hours (or less if death occurs within twenty-four hours) with the bare skin of albino rabbits weighing between 2 - 3 kilograms each

OR

• It has a median lethal concentration of (LC50), in air, of:

     – 200 parts per million (by volume), or less, of gas or vapor

OR

     – 2 milligrams per liter, or less, of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 - 300 grams each
• An irritant • It is NOT corrosive, but causes a reversible inflammatory effect on living tissue by chemical action at the contact site

Examples:

     – The chemical is a skin irritant when tested on the intact skin of albino rabbits (by the methods of 16 CFR 1500.41) for four hours exposure, (or by other appropriate techniques) and the exposure results in an empirical score of five or more

     – A chemical is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques
• A sensitizer • It causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure

     Categories provided in Table 6 illustrate the broad range of target organ effects that must be considered when conducting hazard evaluations. Chemicals meeting Table 6 definitions, along with the criteria for established evidence in Table 3, must be regarded as hazardous.

     Examples provided in Table 6 are NOT intended to be a complete list.


Table 6

Examples of Target Organ Effect Categories Category
Category Definition Examples of Signs and Symptoms Examples of Chemicals
Hepatotoxins Cause liver damage • Jaundice

• Liver enlargement		 • Carbon tetrachloride

• Nitrosamines
Nephrotoxins Cause kidney damage • Edema

• Proteinuria		 • Halogenated hydrocarbons

• Cadmium
Neurotoxins Cause primary toxic effects on the nervous system • Narcosis

• Behavioral changes

• Decrease in motor functions		 • Mercury

• Carbon disulfide

• Lead
Chemicals that act on the

• Blood

OR

• Hematopoietic (blood forming) system		 • Decrease hemoglobin function

OR

• Deprive the body tissues of oxygen		 • Cyanosis

• Loss of consciousness		 • Carbon monoxide

• Cyanides

• Benzene
Chemicals that damage the lungs • Irritate lungs

OR

• Damage pulmonary tissue		 • Cough

• Tightness in chest

• Shortness of breath		 • Silica

• Asbestos
Reproductive toxins Affect reproductive capabilities, including:

• Chromosomal damage (mutation)

• Effects on fetuses (teratogenesis)		 • Birth defects

• Sterility		 • Lead

• 1,2-Dibromo-3-chloropropane (DBCP)

• Nitrous Oxide
Cutaneous (skin) hazards Affect the dermal layer of the body • Defatting of the skin

• Rashes

• Irritation		 • Ketones

• Chlorinated compounds
Eye hazards Affect the eye or ability to see • Conjunctivitis

• Corneal damage		 • Organic solvents

• Acids


Table 7

Criteria for Evaluating Chemical Mixtures
If a mixture Then
• Has been thoroughly tested as a whole for a physical or health hazard • You must use those results
• Has NOT been tested as a whole for a health hazard • You must:

     – Evaluate EACH ingredient in the mixture to determine the hazards

     – Consider the mixture to have the same hazard as each ingredient determined to be hazardous
• Has NOT been tested as a whole for physical hazards • You must:

• Use any scientifically valid data available to evaluate the potential physical hazards of the mixture




[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-01-096, § 296-839-20005, filed 12/17/02, effective 6/1/03.]