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Subchapter 7. General Industry Safety Orders
Group 16. Control of Hazardous Substances
Article 109. Hazardous Substances and Processes

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§5194. Hazard Communication, Appendix B (as of July 6, 2004)

Hazard Determination (Mandatory)

The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of this standard is performance-oriented. Manufacturers, importers, and employers evaluating substances are not required to follow any specific methods for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the substances produced or imported in accordance with the criteria set forth in this Appendix.

Hazard evaluation is a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance orientation of the hazard determination does not diminish the duty of the manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard.

1. Carcinogenicity: As described in subsection 5194(d)(4) and Appendix A, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a substance is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section.

2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered in the evaluation.

3. Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of substances produced or used in the workplace. Therefore, the available results of toxicological testing in animal populations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the definitions of certain acute hazards refer to specific animal testing results (see Appendix A).

4. Adequacy and reporting of data: The results of any studies which are designed and conducted according to established scientific principles, and which report statistically significant conclusions regarding the health effects of a substance, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. The manufacturer, importer, or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard.

NOTE: Authority cited: Sections 142.3 and 6398, Labor Code. Reference: Sections 142.3 and 6361-6399.7, Labor Code; and United Steelworkers of America v. Auchter (3d Cir. 1985) 763 F.2d 728.

HISTORY

1. Amendment filed 4-26-93; operative 5-26-93 (Register 93, No. 18).

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