N.J. Admin. Code § 8:59-10.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:59-10.1 - General provisions

(a) The Special Health Hazard Substance List consists of hazardous substances on the Right to Know Hazardous Substance List that pose a special hazard to the health and safety of employees or the community because of their known carcinogenicity, mutagenicity, or teratogenicity in humans, animals, or in vitro tests; or because of their flammability, reactivity, explosivity, or corrosivity.

(b) For purposes of reporting hazardous substances on the Right to Know survey form, the threshold percentage for special health hazard substances when present in a mixture shall be one-tenth of one percent for carcinogens, mutagens, and teratogens, and, for all other substances, one percent or if present in an aggregate amount of 500 pounds or more in a container at a facility.

(c) The absence of any substance from the Special Health Hazard Substance List shall not imply that a substance is not carcinogenic, mutagenic, teratogenic, flammable, reactive, explosive, or corrosive. Such absence, or the provision of any information by an employer to an employee or any other person pursuant to the provisions of the Act, shall not affect, in any way, any other liability of an employer with regard to safeguarding the health and safety of an employee or any other person exposed to the substance, and shall not affect any other duty or responsibility of an employer to warn ultimate users of a substance of any potential special health hazards associated with the use of the substance pursuant to the provisions of any law or rule or regulation adopted pursuant thereto.

(d) An employer shall not make a trade secret claim on the Right to Know survey or for labeling containers for any carcinogenic, mutagenic, or teratogenic substance that is listed on the Special Health Hazard Substance List and is present as a pure substance or in a mixture at a concentration of one-tenth of one percent or greater, or for any flammable, explosive, reactive, or corrosive substance that is listed on the Special Health Hazard Substance List and is present as a pure substance or at a concentration of one percent or greater in a mixture that meets the hazard criteria as defined in 8:59-10.2(a).

(e) All carcinogenic, mutagenic, and teratogenic substances listed on the Special Health Hazard Substance List shall be labeled with their chemical name or common name approved by the Department, and their CAS number when present as a pure substance or in a mixture at a concentration of one-tenth of one percent or greater. Flammable, explosive, reactive, and corrosive substances that are listed on the Special Health Hazard Substance List shall be labeled according to the provisions of 8:59-5.

N.J. Admin. Code § 8:59-10.1

Amended by 50 N.J.R. 1036(a), effective 3/19/2018