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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