CHAPTER 2.5. Hazardous Substances Information and Training [6360. - 6399.7.]

Chapter 2.5 added by Stats. 1980, Ch. 874.

§§ 6360–6399.7 · 39 sections

1. ARTICLE 1. General Provisions §§ 6360–6363 · 4 sections

   • § 6360 This chapter shall be known and may be cited as the Hazardous Substances Information and Training Act.
   • § 6361 (a) The Legislature finds and declares the following: (1) Hazardous substances in the workplace in some forms and concentrations pose potential acute and…
   • § 6362 The rights and duties set forth in this chapter apply to all employers who use hazardous substances in this state, to any person who sells a hazardous…
   • § 6363 Nothing in this chapter shall be construed to require a manufacturer or employer to conduct studies to develop new information.
2. ARTICLE 2. Definitions §§ 6365–6374 · 9 sections

   • § 6365 Unless the context otherwise requires, the definitions in this article and the provisions of Article 1 shall govern the construction of provisions of this…
   • § 6366 “CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
   • § 6367 “Chemical name” is the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and…
   • § 6368 “Common name” means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its…
   • § 6370 “Expose” or “exposure” means any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come…
   • § 6371 “Impurity” means a hazardous substance which is unintentionally present with another substance or mixture.
   • § 6372 “Manufacturer” means a person who produces, synthesizes, extracts, or otherwise makes a hazardous substance.
   • § 6373 “Mixture” means any solution or intimate admixture of two or more substances, at least one of which is present as a hazardous substance, as designated pursuant…
   • § 6374 “MSDS” means a material safety data sheet prepared pursuant to Section 6390. A label in 8-point or larger type, prepared pursuant to Section 6390, shall…
3. ARTICLE 3. Hazardous Substances §§ 6380–6386 · 8 sections

   • § 6380 For the purposes of this chapter, the director, pursuant to Section 6382, shall establish a list of hazardous substances and shall make the list available to…
   • § 6380.5 (a) Prior to the director’s adoption of the list of hazardous substances, the director shall submit the list to the Occupational Safety and Health Standards…
   • § 6381 Substances not present on the list of hazardous substances adopted pursuant to Section 6380 shall not be subject to the provisions of this chapter. However,…
   • § 6382 The director shall prepare and amend the list of hazardous substances according to the following procedure: (a) Any substance designated in any of the…
   • § 6383 (a) For the purposes of this chapter, a hazardous substance is present in any mixture or product if it is present in any of the following concentrations: (1)…
   • § 6384 This chapter does not apply to impurities which develop as intermediate materials during chemical processing but are not present in the final product, and to…
   • § 6385 The provisions of this chapter do not apply to hazardous substances contained in either of the following: (a) Products intended for personal consumption by…
   • § 6386 (a) A laboratory in which a hazardous substance is used by or under the direct supervision of a technically qualified individual is not an employer or…
4. ARTICLE 4. Duties §§ 6390–6399.2 · 15 sections

   • § 6390 The manufacturer of any hazardous substance listed pursuant to the provisions of Section 6380 shall prepare and provide its direct purchasers of the hazardous…
   • § 6390.2 (a) An entity that manufactures or imports a hazardous substance or mixture of substances that constitutes a cosmetic, as defined in Section 109900 of the…
   • § 6390.5 The manufacturer, importer, and distributor of any hazardous substance, and the employer, shall label each container of a hazardous substance in a manner…
   • § 6391 The information which manufacturers shall provide to their purchasers pursuant to the provisions of Section 6390 shall include the following, if pertinent: (a)…
   • § 6392 Provision of a federal Material Safety Data Sheet or equivalent shall constitute prima facie proof of compliance with Section 6390.
   • § 6393 The manufacturer shall be relieved of the obligation to provide a specific purchaser of a hazardous substance with an MSDS pursuant to Section 6390 if the…
   • § 6394 The preparer of an MSDS shall provide the department with a copy of the MSDS on each hazardous substance it manufactures. The preparer may transmit the MSDS to…
   • § 6395 (a) The manufacturer may provide the information required by Section 6390 on an entire product mixture, instead of on each hazardous substance in it, when all…
   • § 6396 (a) The Director of Industrial Relations shall protect from disclosure any and all trade secrets coming into the director’s possession, as defined in…
   • § 6397 (a) Any person other than a manufacturer who sells a mixture or any hazardous substance shall provide its direct purchasers of the mixture or hazardous…
   • § 6398 The Occupational Safety and Health Standards Board shall adopt a standard setting forth an employer’s duties toward its employees under this chapter, on or…
   • § 6398.5 An employer that is required to maintain safety data sheets and ensure that those safety data sheets are readily accessible in accordance with this chapter and…
   • § 6399 Upon request, the manufacturer of a hazardous substance or the producer of a mixture who has produced a mixture MSDS pursuant to the provisions of subdivision…
   • § 6399.1 Compliance with regulations of the Director of Food and Agriculture issued pursuant to Section 12981 of the Food and Agricultural Code shall be deemed…
   • § 6399.2 This article shall become operative 180 days after adoption of the initial list of hazardous substances pursuant to Article 3 (commencing with Section 6380).
5. ARTICLE 5. Liability and Remedies §§ 6399.5–6399.7 · 3 sections

   • § 6399.5 The provisions of this chapter regarding manufacturers, employers, and persons subject to the provisions of Section 6397, shall be enforced pursuant to the…
   • § 6399.6 The provision of information to an employee pursuant to the provisions of this chapter shall not in any way affect any other liability of an employer with…
   • § 6399.7 No person shall discharge or in any manner discriminate against, any employee because such employee has filed any complaint or has instituted, or caused to be…