North Carolina Hazardous Chemicals Right to Know Act Article 18 - North Carolina Right to Know Act N.C. Gen. Stat. 95-173 through 95-218 Revision 2: 10/07/2013 The information in this presentation is provided voluntarily by the N.C. Department of Labor, Education Training and Technical Assistance Bureau as a public service and is made available in good faith. This presentation is designed to assist trainers conducting OSHA outreach training for workers. Since workers are the target audience, this presentation emphasizes hazard identification, avoidance, and control – not standards. No attempt has been made to treat the topic exhaustively. It is essential that trainers tailor their presentations to the needs and understanding of their audience. The information and advice provided on this Site and on Linked Sites is provided solely on the basis that users will be responsible for making their own assessment of the matters discussed herein and are advised to verify all relevant representations, statements, and information. This presentation is not a substitute for any of the provisions of the Occupational Safety and Health Act of North Carolina or for any standards issued by the N.C. Department of Labor. Mention of trade names, commercial products, or organizations does not imply endorsement by the N.C. Department of Labor.

Objectives Purpose of the Right to Know (RTK) Act NCGS Chapter 95, Article 18 Purpose of the Right to Know (RTK) Act Employer responsibilities with regard to: Hazardous substance list Safety Data Sheet (SDS) and label requirements Emergency information Complaints, investigations and penalties Employee rights Trade secret Emergencies and non-emergencies Community information Exemptions (Photo courtesy of MS Clip Art.)

Purpose To assure that: Emergency responders have the information needed to respond to chemical emergencies. Citizens have access to sufficient information to make informed judgments about the hazards in their communities. Under the act, the commissioner of labor has the authority to inspect and investigate complaints of violations. 3

Hazardous Substance List NCGS 95-191 Employers who manufacture, process, use, store or produce chemicals shall maintain a hazardous substance list For quantities of 55 gallons or 500 pounds, whichever is greater (Illustration courtesy of MS Clip Art.) 4

Hazardous Substance List NCGS 95-194 Each employer shall provide the fire chief of the fire department having jurisdiction over the facility a copy of the list. The fire chief shall also be notified of any updates. List may be prepared for the entire facility or for each area in the facility where hazardous chemicals are stored. (Photo is MS Clip Art) (cont’d) 5

Hazardous Substance List NCGS 95-191 Must contain the following information: Chemical name or common name (product identifier) used on the SDS or container label Locations where hazardous chemical are normally stored Hazardous Substance List (Illustration courtesy of MS Clip Art.) (cont’d) 6

Hazardous Substance List NCGS 95-191 Must also contain maximum quantities stored during a year using the following ranges: Class A - quantities of less than 55 gallons or 500 pounds Class B - quantities between 55 gallons to 550 gallons and quantities between 500 pounds and 5,000 pounds Class C - quantities between 550 gallons and 5,500 gallons, and quantities between 5,000 pounds and 50,000 pounds Class D - quantities greater than 5,500 gallons or 50,000 pounds (cont’d) 7

Hazardous Substance List NCGS 95-191 Shall be updated: At least annually Quarterly if necessary If a chemical is added or deleted from the list, or if quantities change sufficiently to alter a chemical’s class: Update the list as soon as practical But in any event, within 30 days of such change (MS Clip Art) (cont’d) 8

Hazardous Substance List NCGS 95-191 Used in lieu of hazardous substance list Section 312 Tier II Report In lieu of the information required by subdivisions (a)(1) through (a)(3), employers may use Section 312 Emergency and Hazardous Chemical Inventory Form (Tier II). Owner or operator of chemical facility subject to Emergency Planning and Community Right to Know Act (EPCRA) is required to submit Tier II report annually by March 1. (MS Clip Art) 9

Safety Data Sheets NCGS 95-192 Chemical manufacturers and distributors shall provide a safety data sheet (SDS) to manufacturing and nonmanufacturing purchasers. Employers shall maintain the most current SDS. (Photo courtesy of Argonne National Laboratory (US Federal Government)) (cont’d) 10

Safety Data Sheets If SDS has not been provided by manufacturer: NCGS 95-192 If SDS has not been provided by manufacturer: Employer shall request in writing within 30 days Hazard Communication Standard 29 CFR 1910.1200(g)(6)(iii) If an SDS is not provided, it must be obtained as soon as possible. (Photo courtesy of MS Clip Art.) 11

Labels Labels on incoming containers of hazardous NCGS 95-193 Labels on incoming containers of hazardous chemicals shall not be removed or defaced. Containers of hazardous substances must be clearly designated as hazardous. (Photo courtesy of MS Clip Art.) 12

Emergency Information NCGS 95-194 Emergency Response Plan Upon written request from fire chief Employer shall prepare emergency response plan for facility which shall include: Evacuation procedures List of emergency equipment Copies of other emergency response plans An accurate site map is helpful (MS Clip Art) (cont’d) 13

Emergency Information NCGS 95-194 Fire chief shall make information from the list and emergency response plan available to the fire department having jurisdiction over the facility and to: Personnel responsible for preplanning emergency response such as: Military/civil support detachment, LEPC, regional HazMat team, state and local police, medical community Emergency Response Plan (Illustration courtesy of MS Clip Art) 14

Complaints, Investigations and Penalties NCGS 95-195 Complaints of violations shall be filed in writing with the N.C. Department of Labor: Following the investigation, either the employer or complainant may request an administrative hearing. If the employer violated the act, employer has 14 days following receipt of written notification to comply. Employers not complying within 14 days following receipt of a violation shall be subject to penalties. (cont’d) 15

Complaints, Investigations and Penalties NCGS 95-195 To file a complaint or report hazardous working conditions, call 919-807-2796, 1-800-NC-LABOR, or submit online at: www.nclabor.com (Illustration courtesy of MS Clip Art) (cont’d) 16

Complaints, Investigations and Penalties NCGS 95-195 NCGS 95-195 Compliance officers have the right to enter any facility at reasonable times to inspect and investigate complaints. Photo by NCDOL-OSH Division 17

Employee Rights NCGS 95-196 No employer shall discharge or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee who assists the commissioner of labor or the fire chief or their representatives. (Photo courtesy of MS Clip Art.) 18

Trade Secret NCGS 95-197 An employer who believes that all or any part of the information required is a trade secret may withhold the information provided that: They have a valid hazardous substance trade secret claim Hazard information on such chemicals is provided to the local fire chief who shall hold the information in confidence (Photo courtesy of MS Clip Art.) 19

Medical Emergency Emergencies NCGS 95-198 Emergencies Where a treating physician or nurse determines that a medical emergency exists, the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical. (Photo courtesy of MS Clip Art.) (cont’d) 20

Medical Nonemergency Nonemergencies NCGS 95-198 Nonemergencies Disclose to health professional if: Requested in writing Used to assess an employee’s exposure Providing medical treatment Designing engineering controls Assessing hazards Conducting medical surveillance Assessing PPE Conducting medical studies (Photo courtesy of MS Clip Art.) 21

Community Information NCGS 95-208 Any person in North Carolina may request in writing a company’s hazardous substance list. Include name and address of person making request Statement of purpose (why do they need the information)? Name and address of organization, partnership or corporation the person represents A statement of how information will be used by the organization (MS Clip Art) (cont’d) 22

Community Information NCGS 95-208 Employer shall furnish the following information to the requestor: Facility’s hazardous substance list and class of each chemical SDS if requested and if an SDS is currently available Additional information may be provided at option of employer Employer may charge a fee not to exceed the cost of reproducing the materials. Information shall be provided within 10 working days of the request 23

Exemptions The provisions of this article shall not apply to: NCGS 95-216 The provisions of this article shall not apply to: Hazardous substances being transported Products intended for personal consumption Retail food sale establishments Food, food additive, color additive Drug or cosmetic defined as such by Federal Food, Drug Cosmetic Act (MS Clip Art) (cont’d) 24

Exemptions NCGS 95-216 A laboratory under the direct supervision or guidance of a technically qualified individual provided that: Labels on containers of chemicals are not removed or defaced SDSs are maintained and made accessible to employees and students The lab is not used primarily to produce hazardous chemicals in bulk for commercial purposes The laboratory operator complies with the provisions of G.S. §95-194(a)(i) (providing emergency information) (cont’d) 25

Exemptions NCGS 95-216 Farming operations which employ 10 or fewer full-time employees Except if hazardous chemicals in excess of 55 gallons or 500 pounds is normally stored at the operation Any distilled spirits, tobacco, and untreated wood products Medicines used directly in patient care in health care facilities and health care laboratories (Photo courtesy of NCSU.edu) 26

Summary Purpose of the Right to Know Act Employer responsibilities with regard to: Hazardous substance list SDS and label requirements Emergency information Complaints, investigations and penalties Employee rights Trade secret Emergency and nonemergencies Community information Exemptions

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