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(continued)
(6) Manufacturers or importers shall ensure that distributors and purchasers of hazardous substances are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the purchaser prior to or at the time of the shipment. If the material safety data sheet is not provided with the shipment, the purchaser shall obtain one from the manufacturer, importer, or distributor as soon as possible. The manufacturer or importer shall also provide distributors or employers with a material safety data sheet upon request.
(7) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and purchasers of hazardous substances.
(8) The employer shall maintain copies of the required material safety data sheets for each hazardous substance in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access, microfiche, and other alternatives to maintaining paper copies of the material safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)
(9) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.
(10) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous substances in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous substances. However, the employer shall ensure that in all cases the required information is provided for each hazardous substance, and is readily accessible during each work shift to employees when they are in their work area(s).
(11) Material safety data sheets shall also be made readily available, upon request, to designated representatives, and to the Chief, in accordance with the requirements of section 3204(e). NIOSH and the employee's physician shall also be given access to material safety data sheets in the same manner.
(12) If the material safety data sheet, or any item of information required by section 5194(g)(2), is not provided by the manufacturer or importer, the employer shall:

(A) Within 7 working days of noting this missing information, either from a request or in attempting to comply with section 5194(g)(1), make written inquiry to the manufacturer or importer of a hazardous substance responsible for the material safety data sheet, asking that the complete material safety data sheet be sent to the employer. If the employer has made written inquiry in the preceding 12 months as to whether the substance or product is subject to the requirements of the Act or the employer has made written inquiry within the last 6 months requesting new, revised or later information on the material safety data sheet for the hazardous substance, the employer need not make additional written inquiry.
(B) Notify the requester in writing of the date that the inquiry was made, to whom it was made, and the response, if any, received. Providing the requestor with a copy of the inquiry sent to the manufacturer, producer or seller and a copy of the response will satisfy this requirement.
(C) Notify the requestor of the availability of the material safety data sheet within 15 days of the receipt of the material safety data sheet from the manufacturer, producer or seller or provide a copy of the material safety data sheet to the requestor within 15 days of the receipt of the material safety data sheet from the manufacturer, producer or seller.

(D) Send the Director a copy of the written inquiry if a response has not been received within 25 working days.
(13) The preparer of a material safety data sheet shall provide the Director with a copy of the material safety data sheet. Where a trade secret claim is made, the preparer shall submit the information specified in section 5194(i)(15).
(h) Employee Information and Training.
(1) Employers shall provide employees with effective information and training on hazardous substances in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area. Information and training may relate to general classes of hazardous substances to the extent appropriate and related to reasonably foreseeable exposures of the job.
(2) Information and training shall consist of at least the following topics:
(A) Employees shall be informed of the requirements of this section.

(B) Employees shall be informed of any operations in their work area where hazardous substances are present.
(C) Employees shall be informed of the location and availability of the written hazard communication program, including the list(s) of hazardous substances and material safety data sheets required by this section.
(D) Employees shall be trained in the methods and observations that may be used to detect the presence or release of a hazardous substance in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous substances when being released, etc.).
(E) Employees shall be trained in the physical and health hazards of the substances in the work area, and the measures they can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous substances, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.
(F) Employees shall be trained in the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information.
(G) Employers shall inform employees of the right:
1. To personally receive information regarding hazardous substances to which they may be exposed, according to the provisions of this section;
2. For their physician or collective bargaining agent to receive information regarding hazardous substances to which the employee may be exposed according to provisions of this section;
3. Against discharge or other discrimination due to the employee's exercise of the rights afforded pursuant to the provisions of the Hazardous Substances Information and Training Act.
(3) Whenever the employer receives a new or revised material safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to, or measures necessary to protect, employee health as compared to those stated on a material safety data sheet previously provided.
(i) Trade Secrets.
(1) The manufacturer, importer or employer may withhold the specific chemical identity of a hazardous substance from the material safety data sheet, provided that:
(A) The claim that the information withheld is a trade secret can be supported;
(B) Information contained in the material safety data sheet concerning the properties and effects of the hazardous substance is disclosed;
(C) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret; and,
(D) The specific chemical identity is made available to health or safety professionals,employees, and designated representatives in accordance with the applicable provisions of this subsection.
(2) Where a physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous substance is necessary for emergency or first-aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret substance to that physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of sections 5194(i)(3) and (4), as soon as circumstances permit.
(3) In non-emergency situations, a manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under section 5194(i)(1), to a health or safety professional (i.e., physician, nurse, industrial hygienist, safety professional, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed employee(s), and to employees and designated representatives, if:
(A) The request is in writing;
(B) The request describes with reasonable detail one or more of the following occupational health needs for the information:

1. To assess the hazards of the substances to which employees will be exposed;
2. To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels;
3. To conduct pre-assignment or periodic medical surveillance of exposed employees;
4. To provide medical treatment to exposed employees;
5. To select or assess appropriate personal protective equipment for exposed employees;
6. To design or assess engineering controls or other protective measures for exposed employees; and,
7. To conduct studies to determine the health effects of exposure.
(C) The request explains in detail why the disclosure of the specific chemical identity is essential and that, in lieu thereof, the disclosure of the following information would not enable the health or safety professional, employee or designated representative to provide the occupational health services described in section 5194(i)(3)(B):
1. The properties and effects of the substance;
2. Measures for controlling workers' exposure to the substance;
3. Methods of monitoring and analyzing worker exposure to the substance; and,
4. Methods of diagnosing and treating harmful exposures to the substance;
(D) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and,
(E) The health or safety professional,employee, or designated representative and the employer or contractor of the health or safety professional's services (i.e., downstream employer, labor organization, or individual employee), agree in a written confidentiality agreement that the health or safety professional, employee, or designated representative will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to the Director, as provided in section 5194(i)(6), except as authorized by the terms of the agreement or by the manufacturer, importer, or employer.
(4) The confidentiality agreement authorized by section 5194(i)(3)(D) shall not include requirements for the posting of a penalty bond.
(5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law.
(6) If the health or safety professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to the Director, then the manufacturer, importer, or employer who provided the information shall be informed by the health or safety professional, employee, or designated representative prior to, or at the same time as, such disclosure.
(7) If the manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity, the denial must:
(A) Be provided to the health or safety professional, employee, or designated representative within thirty days of the request;

(B) Be in writing;
(C) Include evidence to support the claim that the specific chemical identity is a trade secret;
(D) State the specific reasons why the request is being denied; and,
(E) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.
(8) The health or safety professional, employee, or designated representative whose request for information is denied under section 5194(i)(3) may refer the request and the written denial of the request to the Director for consideration.
(9) When a health or safety professional, employee, or designated representative refers the denial to the Director under section 5194(i)(8), or upon the Director's own initiative when receiving information pursuant to section 5194(g)(13) which is claimed to be a trade secret, the Director shall consider the evidence to determine if:
(A) The manufacturer, importer, or employer has supported the claim that the specific chemical identity is a trade secret;
(B) The health or safety professional,employee, or designated representatives has supported the claim that there is a medical or occupational health need for the information; and,
(C) The health or safety professional,employee, or designated representative has demonstrated adequate means to protect the confidentiality.
(10) If the Director determines that the specific chemical identity requested under section 5194(i)(3) is not a bona fidetrade secret, or that it is a trade secret but the requesting health or safety professional,employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the manufacturer, importer, or employer will be subject to citation by the Director. The Director shall so notify the manufacturer, importer, or employer by certified mail.

(11) The manufacturer, importer, or employer shall have 15 days after receipt of notification under section 5194(i)(10) to provide the Director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail.
(12) The Director shall determine whether such information is protected as a trade secret within 15 days after receipt of the justification and statement required by section 5194(i)(11), or if no justification and statement is filed, within 30 days of the original notice, and shall notify the employer or manufacturer and any party who has requested the information pursuant to the California Public Records Act of that determination by certified mail. If the Director determines that the information is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the information shall be available to the public.
(13) Prior to the date specified in the final notice provided pursuant to section 5194(i)(12), a manufacturer, importer, or employer may institute an action in an appropriate superior court for a declaratory judgment as to whether such information is subject to protection from disclosure.
(14) If a manufacturer, importer, or employer demonstrates to the Director that the execution of a confidentiality agreement as provided for by section 5194(i)(10) would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Director may issue such orders to impose such additional limitations or conditions upon the disclosure of the requested information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the manufacturer, importer, or employer.
(15) Notwithstanding the existence of a trade secret claim, a manufacturer, importer, or employer shall disclose to the Director the specific chemical identity of any hazardous substance in a product for which trade secrecy is claimed. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.
(16) Nothing in section 5194(i) shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is a trade secret.
(j) Appendices.
(1) Appendices A, B, and D to this section are incorporated as part of this section and the provisions are mandatory.
(2) Appendix C contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligation.
(3) Appendix E contains the following 22 CCR Sections: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721, 12801, 12803, 12805, 12821, and 12901 in effect on May 9, 1991 that are referred to in subsection (b)(6).


Note: Authority cited: Sections 50.7, 142.3 and 6398, Labor Code. Reference: Sections 50.7, 142.3 and 6361-6399.7, Labor Code; Sections 25249.6, 25249.7, 25249.8, 25249.10, 25249.11, 25249.12 and 25249.13, Health and Safety Code;Authority cited: Sections 50.7, 142.3 and 6398, Labor Code. Reference: Sections 50.7, 142.3 and 6361-6399.7, Labor Code; Sections 25249.6, 25249.7, 25249.8, 25249.10, 25249.11, 25249.12 and 25249.13, Health and Safety Code;California Lab. Federationv.Occupational Safety and Health Stds. Bd.(1990) 221 Cal.App.3d 1547 [271 Cal. Rptr. 310]; andUnited Steelworkers of Americav.Auchter(3d Cir. 1985) 763 F.2d 728.







Appendix A to Section 5194
Health Hazard Definitions (Mandatory)

Although safety hazards related to the physical characteristics of a substance can be objectively defined in terms of testing requirements (e.g. flammability), health hazard definitions are less precise and more subjective. Health hazards may cause measurable changes in the body -such as decreased pulmonary function. These changes are generally indicated by the occurrence of signs and symptoms in the exposed employees -such as shortness of breath, a non-measurable, subjective feeling. Employees exposed to such hazards must be apprised of both the change in body function and the signs and symptoms that may occur to signal that change.
The determination of occupational health hazards is complicated by the fact that many of the effects or signs and symptoms occur commonly in nonoccupationally exposed populations, so that effects of exposure are difficult to separate from normally occurring illnesses. Occasionally, a substance causes an effect that is rarely seen in the population at large, such as angiosarcomas caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however, the effects are common, such as lung cancer. The situation is further complicated by the fact that most substances have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate these effects.
There have been many attempts to categorize effects and to define them in various ways. Generally, the terms "acute" and "chronic" are used to delineate between effects on the basis of severity or duration. "Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration.
The acute effects referred to most frequently are those defined by the American National Standards Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1988) -irritation, corrosivity, sensitization and lethal dose. Although these are important health effects, they do not adequately cover the considerable range of acute effects which may occur as a result of occupational exposure, such as, for example, narcosis.
Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously a concern in the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy.
The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace as a result of substance exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them.
Appendix B, which is also mandatory, outlines the principles and procedures of hazard assessment.
For purposes of this section, any substances which meet any of the following definitions, as determined by the criteria set forth in Appendix B are health hazards. However, this is not intended to be an exclusive categorization scheme. If there are available scientific data that involve other animal species or test methods, they must also be evaluated to determine the applicability of the HCS (Hazard Communications Standard, section 5194).
1. Carcinogen: A substance is considered to be a carcinogen if:
(a) It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be a carcinogen or potential carcinogen; or
(b) It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogenspublished by the National Toxicology Program (NTP) (latest edition) or,
(c) It is regulated by OSHA as a carcinogen.
2. Corrosive: A substance that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. For example, a substance is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tissue of four hours. This term shall not refer to action on inanimate surfaces.
3. Highly toxic: A substance falling within any of the following categories:
(a) A substance that 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 and 300 grams each.
(b) A substance that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each.
(c) A substance that has a median lethal concentration (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 and 300 grams each.
4. Irritant: A substance, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. A substance is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for 24 hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A substance is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques.
5. Sensitizer: A substance that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the substance.
6. Toxic. A substance falling within any of the following categories:
(a) A substance that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.
(b) A substance that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each.

(c) A substance that has a median lethal concentration (LC50) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two 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 and 300 grams each.
7. Target organ effects. The following is a target organ categorization of effects which may occur, including examples of signs and symptoms and substances which have been found to cause such effects. These examples are presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not intended to be all-inclusive. __________
a. Hepatotoxins: Substances which produce liver damage.
Signs and Symptoms: Jaundice; liver enlargement.
Substances: Carbon tetrachloride; nitrosamines.
b. Nephrotoxins: Substances which produce kidney damage.

Signs and Symptoms: Edema; proteinuria.
Substances: Halogenated hydrocarbons; uranium.
c. Neutrotoxins: Substances which produce their primary toxic effects on the nervous system.
Signs and Symptoms: Narcosis; behavioral changes; decrease in motor functions.
Substances: Mercury; carbon disulfide.
d. Agents which act on the blood or hematopoietic system: Decrease hemoglobin function; deprive the body tissues of oxygen.
Signs and Symptoms: Cyanosis; loss of consciousness.
Substances: Carbon monoxide; cyanides.
e. Agents which damage the lung: Substances which irritate or damage the pulmonary tissue.

Signs and Symptoms: Cough; tightness in chest; shortness of breath.
Substances: Silica; asbestos.
f. Reproductive toxins: Substances which affect the reproductive capabilities including chromosomal damage (mutations) and effects on fetuses (teratogenesis).
Signs and Symptoms: Birth defects; sterility.
Substances: Lead; DBCP.
g. Cutaneous hazards: Substances which affect the dermal layer of the body.
Signs and Symptoms: Defatting of the skin; rashes; irritation.
Substances: Ketones; chlorinated compounds.
h. Eye hazards: Substances which affect the eye or visual capacity.

Signs and Symptoms: Conjunctivitis; corneal damage.


Substances: Organic solvents; acids. Note: Authority cited: Sections 142.3 and 6398, Labor Code. Reference: Sections 142.3 and 6361-6399.7, Labor Code; andUnited Steelworkers of America v. Auchter(3d Cir. 1985) 763 F.2d 728.







Appendix B to Section 5194
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.







Appendix C to Section 5194
Information Sources (Advisory)

The following is a list of available data sources which the manufacturer, importer, or employer may wish to consult to evaluate the hazards of substances they produce or import:
Any information in their own company files such as toxicity testing results or illness experience of company employees.
Any information obtained from the supplier of the substance, such as material safety data sheets or product safety bulletins.
Any pertinent information obtained from the following source list (latest editions should be used):
Condensed Chemical Dictionary, Van Nostrand Reinhold Co., 135 West 50th Street, New York, NY 10020
The Merck Index: An Encyclopedia of Chemicals and Drugs, Merck and Company, Inc., 126 East Lincoln Avenue, Rahway, NJ 07065
IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Man and Supplements, Geneva: World Health Organization, International Agency for Research on Cancer, 1972-Present (multivolume work), 49 Sheridan Avenue, Albany, NY 12210
Industrial Hygiene and Toxicology, by F. A. Patty, John Wiley & Sons, Inc., 605 Third Avenue, New York, NY 10158-0012 (multivolume work)
Clinical Toxicology of Commercial Products, Gleason, Gosselin and Hodge
Casarett and Doull's Toxicology: The Basic Science of Poisons, Doull, Klaassen, and Amdur, Macmillan Publishing Co., Inc., New York, NY
Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy, Publishing Sciences Group, Inc., Acton, MA
Toxicology of the Eye, by W. Morton Grant, Charles C. Thomas, 301-327 East Lawrence Avenue, Springfield, IL
Recognition of Health Hazards in Industry, William A. Burgess, John Wiley and Sons, 605 Third Avenue, New York, NY 10158-0012
Chemical Hazards of the Workplace, Gloria J. Hathaway, Nick H. Proctor, James P. Hughes and Michael L. Fischman, J. P. Lipincott Company, East Washington Square, Philadelphia, PA 19105
CRC Handbook of Chemistry and Physics, CRC Press, Inc., Boca Raton, FL
Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Bldg. D-7, Cincinnati, OH 45211-4438
Information on the physical hazards of chemicals may be found in publications of the National Fire Protection Association, Boston, MA.
Note: -The following documents are on sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Out-of-print documents may be available from the National Technical Information Service (NTIS), Springfield, VA 22161.
Occupational Health Guidelines (NIOSH Pub. No. 81-123).
Occupational Health Guidelines, Supplement 1 (NIOSH Pub. No. 88-1188).
Occupational Health Guidelines, Supplement 2 (NIOSH Pub. No. 89-104).
NIOSH Pocket Guide to Chemical Hazards, NIOSH Pub. No. 90-117.
Registry of Toxic Effects of Chemical Substances, U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health (latest edition).
The Industrial Environment -Its Evaluation and Control, U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health (NIOSH Pub. No. 74-117).
Miscellaneous Documents -National Institute for Occupational Safety and Health:
1. Criteria for a recommended standard * * * Occupational Exposure to "________"
2. Special Hazard Reviews
3. Occupational Hazard Assessment
4. Current Intelligence Bulletins
OSHA's General Industry Standards (29 CFR Part 1910)
NTP Annual Report on Carcinogens and Summary of the Annual Report on Carcinogens.
BIBLIOGRAPHIC DATA BASES
Service Provider and File Name:
BRS Information Technologies, Inc., a division of Maxwell Online, Inc., 8000 Westpark Dr., McLean, VA 22102
AGRICOLA
BIOSIS PREVIEWS
CA SEARCH
DRUG INFORMATION FULL TEXT
MEDLINE
NTIS
POLLUTION ABSTRACTS
TOXLINE

DIALOG, Dialog Information Services, Inc., 3460 Hillview Avenue, Palo Alto, CA 94304
AGRICOLA
BIOSIS PREVIEWS, 1969-PRESENT
CAB ABSTRACTS 1972-PRESENT
CHEMICAL EXPOSURE 1974-PRESENT
CA SEARCH 1967-PRESENT
CHEMNAME 1967-PRESENT
CHEMSEARCH 1957-PRESENT
CONFERENCE PAPERS INDEX
EMBASE 1974-PRESENT

ENVIRONMENTAL BIBLIOGRAPHY 1973-PRESENT
ENVIROLINE 1971-PRESENT
FEDERAL RESEARCH IN PROGRESS
FOOD SCIENCE & TECHNOLOGY ABSTRACTS
FOODS ADLIBRA
INTL. PHARMACEUTICAL ABSTRACTS
LIFE SCIENCES COLLECTION 1978-PRESENT
NTIS
OCCUPATIONAL SAFETY AND HEALTH (NIOSH) 1973-PRESENT
PAPERCHEM 1967-PRESENT

POLLUTION ABSTRACTS
SCISEARCH 1974-PRESENT
Orbit Search Service, a division of Maxwell Online, Inc., 8000 Westpark Dr., McLean, VA 22102
CHEMICAL ABSTRACTS
CHEMDEX
ENVIROLINE
LABORDOC
NTIS
Fein-Marquart Associates (FMA), Chemical Information Systems, Inc. (CIS), 7215 Yorke Road, Baltimore, MD 21212
Structure & Nomenclature Search System (SANSS)

RTECS
Clinical Toxicology of Commercial Products (CTCP)
Oil and Hazardous Materials Technical Assistance Data System
MEDLARS Management Section, National Library of Medicine, Department of Health and Human Services, Public Health Service, National Institutes of Health, 8600 Rockville Pike, Bethesda, MD 20894
BACKFILES
CANCERLIT
CHEMLINE
HAZARDOUS SUBSTANCES DATABANK
MEDLINE

RTECS
SDILINE
TOXLINE
TOXLINE65
TOXLIT
TOXLIT65
TOXNET/TOXICOLOGIC DATA & TRI
Questel, Inc., 2300 Clarendon Blvd., Suite 1111, Arlington, VA 22201
CIS/ILO
Note: 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.







Appendix D to Section 5194
Definition of "Trade Secret" (Mandatory)

The following is a reprint of the Restatement of Torts Section 757, comment b (1939):
b. Definition of trade secret. A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business (see Section 759 of the Restatement of Torts which is not included in this Appendix) in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees, or the security investments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade secret is a process or device for continuous use in the operations of the business. Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in the price list or catalogue, or a list if specialized customers, or a method of bookkeeping or other office management.
Secrecy. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is know only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are: (1) The extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
Novelty and prior art. A trade secret may be a device or process which is patentable; but it need not be that. It may be device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret. Its protection is not based on a policy of rewording or otherwise encouraging the development of secret processes or devices. The protection is merely against a breach of faith and reprehensible means of learning another's secret. For this limited protection it is not appropriate to require also the kind of novelty and invention which is a requisite of patentability. The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use. If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.


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.







Appendix E to Section 5194
Terms and Provisions for subsection (b)(6)

The following Sections from Title 22 of the California Code of Regulations (22 CCR) in effect on May 9, 1991 are printed in this Appendix because they provide terms and provisions referred to in subsection (b)(6):
# 12201. Definitions.
(a) In The Course of doing Business.
For purposes of Health and Safety Code Sections 25249.5 and 25249.6, "in the course of doing business" means any act or omission , whether or not for profit, except:
(1) as excluded by subdivision (b) of Section 25249.11 of the Health and Safety Code; or
(2) when caused by acts of war or grave and irresistible natural disasters such that no reasonable amount of resistance or advance preparation would be sufficient to avoid the discharge, release or exposure.
(b) In the Course of Doing Business, Acts of Employees.
"In the course of doing business" includes any act or omission of any employee which furthers the purpose or operation of the business, or which is expressly or implicitly authorized, except for the personal use, consumption or production of listed chemicals by an employee on the business premises or while performing activities for the business, unless the employer knows or should know of such use, consumption or production and knows or should know that such use, consumption or production will expose other individuals within the meaning of Health and Safety Code Section 25249.6 to a listed chemical.
(c) Employee.
The term "employee" shall have the same meaning as it does in Unemployment Insurance Code Section 621 and in Labor Code Section 3351. Generally, and without limiting the applicability of the definitions in these two statutes, this means than an employee is a person who performs services for remuneration under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. In computing whether a person employs ten or fewer employees in his business, all full-time and part-time employees on the date on which the discharge, release or exposure occurs must be counted. Thus, the prohibitions on discharge or release and exposures to certain chemicals will apply to any person who has ten or more full-time or part-time employees on the date in question.
(d) Knowingly.
"Knowingly" refers only to knowledge of the fact that a discharge of, release of, or exposure to a chemical listed pursuant to Health and Safety Code Section 25249.8(a) is occurring. No knowledge that the discharge, release or exposure is unlawful is required. However, a person in the course of doing business who, through misfortune or accident and without evil design, intention or negligence, commits an act or omits to do something which results in a discharge, release or exposure has not violated Health and Safety Code Sections 25249.5 or 25249.6.
(e) ED NOTE: Cal-OSHA Standards Board did not incorporate subsection (e) into 5194(b)(6).
(f) Expose.
The term "expose" means to cause to ingest, inhale, contact via body surfaces or otherwise come into contact with a chemical. An individual may come into contact with a chemical through water, air, food, consumer products and any other environmental exposure as well as occupational or workplace exposures.
(g) - (j) ED NOTE: Cal-OSHA Standards Board did not incorporate subsections (g), (h), (i), and (j) into 5194(b)(6).
(k) For purposes of this chapter, "listed chemical" means a chemical listed pursuant to Health and Safety Code Section 25249.8, subsection (a).
# 12502. Exposure to a Listed Chemical in Drinking Water.
(a) A person otherwise responsible for an exposure to a listed chemical which involves the use of drinking water, including the use of drinking water in food or any other consumer product, does not "expose" an individual within the meaning of Section 25249.6 to the extent that the person can show that the listed chemical was contained in drinking water which was received from:
(1) a public water system, as defined in Section 4010.1 of the Health and Safety Code;
(2) a commercial supplier of drinking water; or
(3) a source of drinking water in compliance with all applicable primary drinking water standards for all listed chemicals and the chemical in question is the result of treatment of the water in order to achieve compliance with primary drinking water standards.
Where the source of the listed chemical is in part from such drinking water and in part from other sources, "exposure" can occur only as to that portion of the listed chemical from sources other than such drinking water.
(b) For purposes of subdivision (a), the amount of a listed chemical contained in drinking water shall be determined by sampling of the drinking water at the point of delivery and by testing pursuant to Section 12901. If sampling and testing is impractical, the amount of a listed chemical shall be based on test results of the most recent sample of the drinking water taken by the public water system or the commercial drinking water supplier, provided that all sampling and testing has been conducted at the frequency and in the manner required by law, or alternatively, such amount shall be calculated at five percent of the maximum contaminant level set forth in the primary drinking water standard for the listed chemical.
# 12601. Clear and Reasonable Warnings.
(a) Whenever a clear and reasonable warning is required under Section 25249.6 of the Health and Safety Code, the method employed to transmit the warning must be reasonably calculated, considering the alternative methods available under the circumstances, to make the warning message available to the individual prior to exposure. The message must clearly communicate that the chemical in question is known to the state to cause cancer, or birth defects or other reproductive harm. Nothing in this section shall be construed to preclude a person from providing warnings other than those specified in subdivisions (b), (c), and (d) which satisfy the requirements of this subdivision, or to require that warnings be provided separately to each exposed individual.
(b) Warnings for consumer products exposures which include the methods of transmission and the warning messages as specified by this subdivision shall be deemed to be clear and reasonable. A "consumer products exposure" is an exposure which results from a person's acquisition, purchase, storage, consumption, or other reasonably foreseeable use of a consumer good, or any exposure that results from receiving a consumer service.
(1) The warning may be provided by using one or more of the following methods singly or in combination:
(A) A warning that appears on a product's label or other labeling. The term "label" means a display of written, printed or graphic matter upon a product or its immediate container. The term "labeling" means any label or other written, printed or graphic matter affixed to or accompanying a product or its container or wrapper.

(B) Identification of the product at the retail outlet in a manner which provides a warning. Identification may be through shelf labeling, signs, menus, or a combination thereof.
(C) A system of signs, public advertising identifying the system and toll-free information services, or any other system, that provides clear and reasonable warnings.
(D) For alcoholic beverages, including, without limitation, beer, malt beverages, wine and distilled spirits:
1. Primarily intended for consumption off the premises where sold or distributed:
(i) at least one notice or sign, no smaller than 10 inches wide by 10 inches high, and bearing the warning message set forth in paragraph (4) (E) of this subsection; or
(ii) at least one horizontal strip marker no smaller than 10 1/2 inches wide by 1 1/4 inches high, and bearing the warning message set forth in paragraph (4)(E) of this subsection; or
(iii) a notice no smaller than 5 inches by 5 inches, and bearing the warning message set forth in (4)(E) of this subsection.
(iv) If signs 10 inches high by 10 inches wide are used, the word "warning" shall be centered, three-quarters of an inch from the top of the sign in ITC Garamond bold condensed type face all in one-inch capital letters. Three-sixteenths of an inch from the base of the word "warning" shall be a line extending from left to right across the width of the sign one-sixteenth of an inch in thickness. Centered one-half inch below the line shall be the body of the warning message in 36/50 ITC Garamond bold condensed type face with the initial letter of each word, other than the conjunctive "and," capitalized. For the body of the warning message, left and right margins of at least one-half of an inch, and a bottom margin of at least one-half inch shall be observed. Larger signs shall bear substantially the same proportions of type size and spacing to sign dimension as the sign 10 inches high by 10 incheswide. (continued)