Purpose And Scope

(1) Purpose. The purpose of this chapter and the rules thereof is to ensure that the hazards of chemicals stored or used in the State of Tennessee are evaluated, and that information concerning their hazards is transmitted to employers, employees, firefighting personnel and the general public through the Department of Labor and Workforce Development. The transmittal of information is to be accomplished by means of: (a) Comprehensive hazard communication programs for employees, which are to include container labeling and other forms of warning, safety data sheets (SDS) and employee training. (b) Providing firefighters with a list of knowledgeable personnel to be contacted in emergencies, workplace chemical list(s) (WCL), access to establishments for inspection for the sole purpose of preplanning emergency fire department activities upon request, MSDS upon request and placarding buildings; and (c) Providing the general public with WCL and other information upon request. (2) Scope. This chapter and the rules thereof shall apply to all employers in the State of Tennessee who store or use a hazardous chemical except these provisions shall not apply to: (a) Products intended for personal consumption by employees in the workplace; (b) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than fourteen (14) calendar days except that the provisions of Rule 0800-1-9-.07 and Rule 0800-1-9-.10 shall apply except as stated therein; (c) Any food, food additive, color additive, drug or cosmetic as such terms are defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or distilled spirits, wines or malt beverages as such terms are defined in the federal Alcohol Administration Act (27 U.S.C. 201 et seq.); (d) A laboratory under the direct supervision or guidelines of a technically qualified individual; provided, that: HAZARDOUS CHEMICAL RIGHT TO KNOW CHAPTER 0800-01-09 1. Labels on containers of incoming chemicals shall not be removed or defaced; 2. SDS received shall be maintained and made accessible to employees and students; 3. The provisions of Rules 0800-1-9-.07 and 0800-1-9-.10 are met; and 4. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes. (e) The workplace of an agricultural employer or employer group if the Commissioner of Agriculture certifies to the Commissioner of Labor and Workforce Development that the chemicals are covered by other federal or state laws or regulations.