WAC 296-307-560	Agency filings affecting this section
Scope.

  This chapter sets minimum requirements for content and distribution of material safety data sheets (MSDSs) and labels for hazardous chemicals.

     • This chapter applies when you do one or more of the following:

     – Import, produce, or repackage chemicals, including manufactured items (such as bricks, welding rods, and sheet metal) that are not exempt as articles

     – Sell or distribute hazardous chemicals to manufacturers, distributors or employers

     – Choose not to rely on material safety data sheets (MSDSs) provided by the importer, manufacturer or distributor.

Note:	• You are not required to evaluate chemicals or create MSDSs for chemicals you did not produce or import. If you decide to evaluate chemicals or create MSDSs, then the requirements of this chapter will apply to you.
	• Use Table 2 to determine which sections in this chapter apply to your workplace.

Exemptions:	• All of the following are always exempt from this chapter:
	– Ionizing and nonionizing radiation
	– Biological hazards
	– Tobacco and tobacco products
	• The chemicals and items listed in Table 1 are exempt from this chapter under the conditions specified.

Table 1 Conditional Exemptions From This Chapter
This chapter does NOT apply to		When
• Alcoholic beverages OR • Foods		• Sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, bar, or tavern)
• An article (manufactured item)		• It is not a fluid or particle
		AND
		• It is formed to a specific shape or design during manufacture for a particular end use function1
		AND
		• It releases only trace amounts of a hazardous chemical during normal use AND does not pose a physical or health risk to employees
• Consumer products		• Both criteria apply:
	– Produced or distributed for sale meeting the definition of "consumer products" in the Consumer Product Safety Act (see U.S. Code, Title 15, Chapter 47, section 20522)		– They are used in the workplace for the same purpose as intended by the manufacturer or importer
OR • Hazardous household products			– The duration and frequency of an employee's exposure is no more than the range of exposures that consumers might reasonably experience
	– Meeting the definition of "hazardous substances" in the Federal Hazardous Substance Act (see U.S. Code, Title 15, Chapter 30, section 12612)
• Cosmetics		• Packaged and sold in retail establishments
• Drugs		• In solid, final form (for example, tablets, or pills) for direct administration to the patient
	– Meeting the definition for "drugs" in the Federal Food, Drug, and Cosmetic Act (see U.S. Code, Title 21, Chapter 9, Subchapter II, section 3212)	OR
		• Packaged and sold in retail establishments (for example, over-the-counter drugs)
		OR
		• Intended for employee consumption while in the workplace (for example, first-aid supplies)
• Hazardous solid wastes		• Subject to the United States Environmental Protection Agency (EPA) regulations3
	– Meeting the definition of "hazardous wastes" in the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (see U.S. Code, Title 42, Chapter 82, Subchapter I, section 69032)
• Hazardous substances
	– Released into the environment, meeting the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (see U.S. Code, Title 42, Chapter 103, Subchapter I, section 96012)	• They are the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations (Title 40 of the Code of Federal Regulations (C.F.R.)3)
• Hazardous wastes		• Subject to department of ecology regulations, chapter 173-303 WAC5, that address the accumulation, handling and management of hazardous waste, and describe all of the following:
	– Meeting the definition of "dangerous wastes" in the Hazardous Waste Management Act (see chapter 70.105 RCW4)		– Safety – Labeling – Personnel training – And other related requirements
• Solid wood		• All of the following apply:
OR			– The material is not treated with hazardous chemicals
• Wood products (for example, lumber, and paper)			– The only hazard is potential flammability or combustibility
			– The product is not expected to be processed (for example, by sanding or sawing)

	1End use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item.
	2This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html.
	3EPA regulations are included in the Code of Federal Regulations (C.F.R.). See http://www.epa.gov.
	4This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent laws of the state. See http://www.leg.wa.gov/wsladm/default.htm.
	5See http://www.ecy.wa.gov.

     Use Table 2 to find out which sections of this part apply to you. For example, if you import AND sell hazardous chemicals ALL sections apply. WAC 296-307-56050 applies to all employers covered by the scope of this part.

Table 2 Section Application
		Then the sections marked with an "X" apply
If you		56010 - 56015	56025	56030 - 56035	56045
• Import or produce chemicals		X	X
• Sell or distribute hazardous chemicals to
	– Manufacturers
	OR
	– Distributors
	OR
	– Employers (includes retail or wholesale transactions)			X	X
• Choose to NOT rely on MSDSs provided by the importer, manufacturer or distributor		X	X

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-166, § 296-307-560, filed 12/21/04, effective 4/2/05; 03-10-068, § 296-307-560, filed 5/6/03, effective 8/1/03.]