W. Va. Code R. § 64-53-4

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-53-4 - Program For Assembling And Updating Hazardous Materials List
4.1. Request for information from manufacturers.
4.1.1. Upon receipt of a request from the Director for information related to the use of storage, production or transportation of materials listed on the hazardous materials list, the manufacturer or his designee, any medical group or person, or any academic institution or person shall provide information related to the frequency of use, the frequency of exposure or over exposure of persons to the materials as related to appropriate emergency medical treatment and the known harmful effects of exposure to such material. The recommended medical treatment of persons exposed to such materials shall be provided in such format as required by the Director for each material used, produced, transported or stored by the manufacturer, unless good cause be shown to the satisfaction of the Director why such request is unreasonable because of a potential breach of a trade secret. The information shall be requested by certified mail and shall be provided to the Director within thirty days of the receipt of the request.
4.1.2. Information submitted to the Director from manufacturers in compliance with Chapter 16, Article 31 of the Code of West Virginia, as amended, and rules and regulations promulgated thereto, shall be used to establish baseline data for purposes of these rules and regulations and duplication of data previously submitted by any manufacturer will not be required.
4.2. Updating Hazardous Materials List.
4.2.1. The Director shall revise the hazardous materials list on an annual basis to reflect additions or deletions to such list based upon information as provided by manufacturers or other responsible sources.
4.2.2. The Director may authorize the use of any reliable source which includes a comprehensive listing of hazardous materials and the emergency medical treatment recommended for exposure to such materials as meeting the intent of this rule in full or in part relating to the distribution of such information to medical or emergency personnel.

W. Va. Code R. § 64-53-4