(a) Public employers are not required to evaluate chemicals to determine if they are hazardous unless they choose not to rely on the:

1. (1) Evaluation performed by the chemical manufacturer; and
2. (2) Material safety data sheet provided by the chemical manufacturer or distributor.

(b)

1. (1) Chemical manufacturers or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards.
2. (2) For health hazards, evidence which is statistically significant and which is based on at least one (1) positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section.
3. (3) Appendix B shall be consulted for the scope of health hazards covered, and Appendix C shall be consulted for the criteria to be followed with respect to the completeness of the evaluation and the data to be reported.

(c)

1. (1) The chemical manufacturer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed in them are hazardous:

   1. (A) 29 C.F.R. pt. 1910, Subpart Z, Toxic and Hazardous Substances, United States Occupational Safety and Health Administration; or
   2. (B) “Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment”, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).
2. (2) The chemical manufacturer or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of this standard.

(d) Chemical manufacturers and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes:

1. (1) National Toxicology Program (NTP), “Annual Report on Carcinogens” (latest edition);
2. (2) International Agency for Research on Cancer (IARC), “Monographs” (latest edition); or

3. (3)

   1. (A) 29 C.F.R. pt. 1910, Subpart Z, Toxic and Hazardous Substances, United States Occupational Safety and Health Administration.
   2. (B) Note. “The Registry of Toxic Effects of Chemical Substances” published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen.

(e) The chemical manufacturer or employer shall determine the hazards of mixtures of chemicals as follows:

1. (1) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous;
2. (2) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (1%), by weight or volume, or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of one-tenth percent (0.1%) or greater which is considered to be a carcinogen under subsection (d) of this section;
3. (3) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and
4. (4) If the chemical manufacturer or employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent (1%), or in the case of carcinogens, less than one-tenth percent (0.1%), could be released in concentrations which would exceed an established United States Occupational Safety and Health Administration permissible exposure limit or ACGIH threshold limit value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard.

(f)

1. (1) Employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate.
2. (2) The written procedures are to be made available, upon request, to employees, their designated representatives, and the Director of the Division of Labor.
3. (3) The written description shall be incorporated into the hazard communication program under 8 CAR § 100-105 of this part.