north carolina hazardous chemicals right to know act article 18 - north carolina right to know act...
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North Carolina Hazardous Chemicals Right to Know Act
Article 18 - North Carolina Right to Know Act N.C. Gen. Stat. 95-173 through 95-218
ObjectivesPurpose of the Right to Know (RTK) ActEmployer responsibilities with regard to:
Hazardous substance list Safety Data Sheet (SDS) and label requirements Emergency information Complaints, investigations and penalties Employee rights Trade secret Emergencies and non-emergencies Community information Exemptions
NCGS Chapter 95, Article 18
Purpose
To assure that: Emergency responders have the information needed
to respond to chemical emergencies.
Citizens have access to sufficient information to make informed judgments about the hazards in their communities.
Under the act, the commissioner of labor has the authority to inspect and investigate complaints of violations.
Hazardous Substance List
Employers who manufacture, process, use, store or produce chemicals shall maintain a hazardous substance list For quantities of 55 gallons or 500
pounds, whichever is greater
NCGS 95-191
Hazardous Substance ListEach employer shall provide the fire chief of the
fire department having jurisdiction over the facility a copy of the list. The fire chief shall also be
notified of any updates.
List may be prepared for the entire facility or for each area in the facility where hazardous chemicals are stored.
NCGS 95-194
(cont’d)
Hazardous Substance List
Must contain the following information:
Chemical name or common name (product identifier) used on the SDS or container label
Locations where hazardous chemical are normally stored
Hazardous Substance
List
(cont’d)
NCGS 95-191
Hazardous Substance ListMust also contain maximum quantities stored
during a year using the following ranges: Class A - quantities of less than 55 gallons or 500
pounds Class B - quantities between 55 gallons to 550 gallons
and quantities between 500 pounds and 5,000 pounds Class C - quantities between 550 gallons and 5,500
gallons, and quantities between 5,000 pounds and 50,000 pounds
Class D - quantities greater than 5,500 gallons or 50,000 pounds
NCGS 95-191
(cont’d)
Hazardous Substance List
Shall be updated: At least annually Quarterly if necessary
If a chemical is added or deleted from the list, or if quantities change sufficiently to alter a chemical’s class: Update the list as soon as practical But in any event, within 30 days of such change
NCGS 95-191
(cont’d)
Hazardous Substance List
Used in lieu of hazardous substance list
Section 312 Tier II Report
» In lieu of the information required by subdivisions (a)(1) through (a)(3), employers may use Section 312 Emergency and Hazardous Chemical Inventory Form (Tier II).
» Owner or operator of chemical facility subject to Emergency Planning and Community Right to Know Act (EPCRA) is required to submit Tier II report annually by March 1.
NCGS 95-191
Safety Data Sheets
Chemical manufacturers and distributors shall provide a safety data sheet (SDS) to manufacturing and nonmanufacturing purchasers.
Employers shall maintain the most current SDS.
NCGS 95-192
(cont’d)
Safety Data Sheets
If SDS has not been provided by manufacturer: Employer shall request in writing within 30 days Hazard Communication Standard
» 29 CFR 1910.1200(g)(6)(iii)• If an SDS is not provided, it
must be obtained as soon as possible.
NCGS 95-192
Labels
Labels on incoming containers of hazardous chemicals shall not be removed or defaced.
Containers of hazardous substances must be clearly designated as hazardous.
NCGS 95-193
Emergency Information
Emergency Response Plan
Upon written request from fire chief
» Employer shall prepare emergency response plan for facility which shall include:
• Evacuation procedures
• List of emergency equipment
• Copies of other emergency response plans
– An accurate site map is helpful
NCGS 95-194
(cont’d)
Emergency Information
Fire chief shall make information from the list and emergency response plan available to the fire department having jurisdiction over the facility and to: Personnel responsible for preplanning emergency
response such as:» Military/civil support detachment, LEPC, regional HazMat team,
state and local police, medical community
Emergency
Response
Plan
NCGS 95-194
Complaints, Investigations and Penalties
Complaints of violations shall be filed in writing with the N.C. Department of Labor:
Following the investigation, either the employer or complainant may request an administrative hearing.
If the employer violated the act, employer has 14 days following receipt of written notification to comply.
Employers not complying within 14 days following receipt of a violation shall be subject to penalties.
NCGS 95-195
(cont’d)
Complaints, Investigations and Penalties
To file a complaint or report hazardous working conditions, call 919-807-2796,
1-800-NC-LABOR, or submit online at: www.nclabor.com
NCGS 95-195
(cont’d)
Complaints, Investigations and Penalties
NCGS 95-195 Compliance officers have the right to enter any
facility at reasonable times to inspect and investigate complaints.
NCGS 95-195
Employee Rights
No employer shall discharge or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee who assists the commissioner of labor or the fire chief or their representatives.
NCGS 95-196
Trade Secret An employer who believes that all or any part of
the information required is a trade secret may withhold the information provided that: They have a valid hazardous substance trade secret
claim
Hazard information on such chemicals is provided to the local fire chief who shall hold the information in confidence
NCGS 95-197
Medical Emergency
Emergencies Where a treating physician or nurse determines that
a medical emergency exists, the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical.
NCGS 95-198
(cont’d)
Medical NonemergencyNonemergencies
Disclose to health professional if:
» Requested in writing
» Used to assess an employee’s exposure
» Providing medical treatment
» Designing engineering controls
» Assessing hazards
» Conducting medical surveillance
» Assessing PPE
» Conducting medical studies
NCGS 95-198
Community Information
Any person in North Carolina may request in writing a company’s hazardous substance list.
Include name and address of person making request
» Statement of purpose (why do they need the information)?
Name and address of organization, partnership or corporation the person represents
» A statement of how information will be used by the organization
NCGS 95-208
(cont’d)
Community Information Employer shall furnish the following information
to the requestor: Facility’s hazardous substance list and class of each
chemical SDS if requested and if an SDS is currently available Additional information may be provided at option of
employer Employer may charge a fee not to exceed the cost of
reproducing the materials. Information shall be provided within 10
working days of the request
NCGS 95-208
Exemptions
The provisions of this article shall not apply to:
Hazardous substances being transported
Products intended for personal consumption
Retail food sale establishments
Food, food additive, color additive
Drug or cosmetic defined as such by Federal Food, Drug Cosmetic Act
(cont’d)
NCGS 95-216
Exemptions
A laboratory under the direct supervision or guidance of a technically qualified individual provided that:
» Labels on containers of chemicals are not removed or defaced
» SDSs are maintained and made accessible to employees and students
» The lab is not used primarily to produce hazardous chemicals in bulk for commercial purposes
» The laboratory operator complies with the provisions of G.S. §95-194(a)(i) (providing emergency information)
(cont’d)
NCGS 95-216
Exemptions
Farming operations which employ 10 or fewer full-time employees
» Except if hazardous chemicals in excess of 55 gallons or 500 pounds is normally stored at the operation
Any distilled spirits, tobacco, and untreated wood products
Medicines used directly in patient care in health care facilities and health care laboratories
NCGS 95-216
SummaryPurpose of the Right to Know ActEmployer responsibilities with regard
to: Hazardous substance list SDS and label requirements Emergency information Complaints, investigations and penalties Employee rights Trade secret Emergency and nonemergencies Community information Exemptions
Thank You For Attending!
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