05- 071 C.M.R. ch. 161, § 1

Current through 2024-25, June 19, 2024

Section 071-161-1 - DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

Hazardous chemical: "Hazardous chemical" means a chemical which is a physical hazard or a health hazard, as listed by the (Maine Department of Labor) Bureau of Labor Standards.

Health hazard: "Health hazard" means a chemical which is:

a. Listed in the Toxic and Hazardous Substance section of the regulations of the Occupational Health and Safety Act labeling standard in the United States Code of Federal Regulations 29, Part 1910, Subpart Z;

b. Listed in the Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American conference of Governmental Industrial Hygienists, latest edition;

c. A carcinogen or potential carcinogen, listed in The Registry of Toxic Effects of Chemical Substances, published by the National Institute for Occupational Safety and Health, latest edition based on the National Toxicology Program Annual Report on Carcinogens or the International Agency for Research on Cancer Monographs:

d. Listed as radioactive material in regulations promulgated by the United States Nuclear Regulatory Commission;

e. Contained on a list established by the director (of the Bureau of Labor Standards) by rule after consultation with the Bureau of Health and which meets any of the following criteria:

(1) Has a median lethal oral dose of not more than 500 milligrams per kilogram of body weight;

(2) Has a median lethal dermal dose of not more than 1,000 milligrams per kilogram of body weight;

(3) Has median inhalation lethal concentration in air of not more than 2,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust; or

(4) Has been found by the director (of the Bureau of Labor Standards), based on established scientific principles, to have significant potential to cause adverse, acute or chronic health effects; or

f. A mixture which is a health hazard based on application of the criteria a through e to the mixture as a whole, or which contains more than 1% by weight or volume of a chemical which is a health hazard or which contains more than 0.1% by weight or volume of a carcinogen identified in accordance with paragraph c.

Material Safety Data Sheet: "Material Safety Data Sheet" means a form containing information concerning a hazardous chemical substantially equivalent in content to Form 20 of the United States Occupational Safety and Health Administration, but which includes both acute and chronic health hazard information.

Physical hazard: "Physical hazard" means a chemical which is:

a. Listed in the United States Department of Transportation Hazardous Materials Table, 49 Code of Federal Regulations 172,101;

b. Contained on a list established by the director (of the Bureau of Labor Standards) after consultation with the State Fire Marshal and which meets any of the following criteria:

(1) Is a combustible liquid, i.e., any liquid with a flash point above 100 degrees F, and below 200 degrees F.;

(2) Is a compressed gas (other than air), i.e., any chemical having in the container an absolute pressure exceeding 40 PSI at 70 degrees F. or having an absolute pressure exceeding 104 PSI at 130 degrees F. or any liquid having a vapor pressure exceeding 40 PSI absolute pressure at 100 degrees F.;

(3) Is an explosive, i.e., any chemical that causes a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature;

(4) Is a flammable substance, i.e., any liquid with a flash point of below 100 degrees F., solid that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change or retained heat from manufacturing or processing or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard, or gas which at atmospheric temperature or pressure forms a flammable mixture with air when present at a concentration of 13% or less by volume or that forms a range of flammable mixtures with air wider than 12% by volume regardless of the lower limit;

(5) Is an organic peroxide, i.e., an organic compound that contains the bivalent -0-0- structure and which is a derivative of hydrogen peroxide where one or more hydrogen atoms have been replaced by organic radicals;

(6) Is an oxidizer, i.e., a chemical that initiates or promotes combustion in other materials thereby causing fire;

(7) Is pyrophoric, i.e., a chemical that will ignite spontaneously in air at a temperature of 130 degrees F. or below;

(8) Is unstable (reactive), i,e., a chemical which will vigorously react under conditions of shock, pressure or temperature, or

(9) Is water reactive, i.e., a chemical that reacts with water to release a gas that is either flammable or presents a health hazard; or

c. A mixture which is a physical hazard based on applicability of the criteria of paragraphs a and b to the mixture as a whole.

05- 071 C.M.R. ch. 161, § 1