The definitions in Table 47.11 apply in this part as follows:
Table 47.11--Definitions------------------------------------------------------------------------
Term Definition for purposes of HazCom------------------------------------------------------------------------Access....................... The right to examine and copy records.Article...................... A manufactured item, other than a fluid
or particle, that--
(1) Is formed to a specific shape or
design during manufacture, and
(2) Has end-use functions dependent on
its shape or design.Chemical..................... Any element, chemical compound, or
(1) The scientific designation of a
chemical in accordance with the
nomenclature system of either the
International Union of Pure and Applied
Chemistry (IUPAC) or the Chemical
Abstracts Service (CAS), or
(2) A name that will clearly identify the
chemical for the purpose of conducting a
hazard evaluation.Common name.................. Any designation or identification (such
as a code name, code number, trade name,
brand name, or generic name) used to
identify a chemical other than by its
chemical name.Consumer product............. A product or component of a product that
is packaged, labeled, and distributed in
the same form and concentration as it is
(1) Any bag, barrel, bottle, box, can,
cylinder, drum, reaction vessel, storage
tank, or the like.
(2) The following are not considered to
be containers for the purpose of
compliance with this part:
(i) Pipes or piping systems;
(ii) Conveyors; and
(iii) Engines, fuel tanks, or other
(1) Cosmetics are any article applied to
the human body for cleansing,
beautifying, promoting attractiveness,
or altering appearance.
(2) Drugs are any article used to affect
the structure or any function of the
body of humans or other animals.CPSC......................... The U.S. Consumer Product Safety
(1) Any individual or organization to
whom a miner gives written authorization
to exercise the miner's rights under
this part, or
(2) A representative of miners under part
40 of this chapter.EPA.......................... The U.S. Environmental Protection Agency.Exposed...................... Subjected, or potentially subjected, to a
physical or health hazard in the course
of employment. ``Subjected,'' in terms
of health hazards, includes any route of
entry, such as through the lungs
(inhalation), the stomach (ingestion),
or the skin (skin absorption).Foreseeable emergency........ Any potential occurrence that could
result in an uncontrolled release of a
hazardous chemical into the mine.Hazard warning............... Any words, pictures, or symbols,
appearing on a label or other form of
warning, that convey the specific
physical and health hazards of the
chemical. (See the definitions for
physical hazard and health hazard for
examples of the hazards that the warning
must convey.)Hazardous chemical........... Any chemical that can present a physical
or health hazard.Hazardous substance.......... Regulated by CPSC under the Federal
Hazardous Substances Act or EPA under
the Comprehensive Environmental
Response, Compensation, and Liability
Act.Hazardous waste.............. Chemicals regulated by EPA under the
Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery
Act.Health hazard................ A chemical for which there is
statistically significant evidence that
it can cause acute or chronic health
effects in exposed persons. Health
hazard includes chemicals which--
(1) Cause cancer;
(2) Damage the reproductive system or
cause birth defects;
(3) Are irritants, corrosives, or
sensitizers;
(4) Damage the liver;
(5) Damage the kidneys;
(6) Damage the nervous system;
(7) Damage the blood or lymphatic
systems;
(8) Damage the stomach or intestines;
(9) Damage the lungs, skin, eyes, or
mucous membranes; or
(10) Are toxic or highly toxic agents.Health professional.......... A physician, physician's assistant,
nurse, emergency medical technician, or
other person qualified to provide
medical or occupational health services.Identity..................... A chemical's common name or chemical
name.Label........................ Any written, printed, or graphic material
displayed on or affixed to a container
to identify its contents and convey
other relevant information.Material safety data sheet Written or printed material concerning a
(MSDS). hazardous chemical which--
(1) An operator prepares in accordance
with Table 47.52--Contents of MSDS; or
(2) An employer prepares in accordance
with 29 CFR 1910.1200, 1915.1200,
1917.28, 1918.90, 1926.59, or 1928.21
(OSHA Hazard Communication regulations);
or
(3) An independent source prepares which
contains equivalent information, such as
International Chemical Safety Cards
(ICSC) and Workplace Hazardous Material
Information Sheets (WHMIS).Mixture...................... Any combination of two or more chemicals
which is not the result of a chemical
reaction.Ordinary consumer use........ Household, family, school, recreation, or
other personal use or enjoyment, as
opposed to business use.OSHA......................... The Occupational Safety and Health
Administration, U.S. Department of
Labor.Physical hazard.............. A chemical for which there is
scientifically valid evidence that it
is--
(1) Combustible liquid:
(i) A liquid having a flash point at or
above 100 [deg]F (37.8 [deg]C) and below
200 [deg]F (93.3 [deg]C); or
(ii) A liquid mixture having components
with flashpoints of 200 [deg]F (93.3
[deg]C) or higher, the total volume of
which make up 99% or more of the
mixture.
(2) Compressed gas:
(i) A contained gas or mixture of gases
with an absolute pressure exceeding:
(A) 40 psi (276 kPa) at 70 [deg]F (21.1
[deg]C); or
(B) 104 psi (717 kPa) at 130 [deg]F (54.4
[deg]C) regardless of pressure at 70
[deg]F.
(ii) A liquid having a vapor pressure
exceeding 40 psi (276 kPa) at 100 [deg]F
(37.8 [deg]C) as determined by ASTM D-
323-82.
(3) Explosive: A chemical that undergoes
a rapid chemical change causing a
sudden, almost instantaneous release of
pressure, gas, and heat when subjected
to sudden shock, pressure, or high
temperature.
(4) Flammable: A chemical that will
readily ignite and, when ignited, will
burn persistently at ambient temperature
and pressure in the normal concentration
of oxygen in the air.
(5) Organic peroxide: An explosive, shock
sensitive, organic compound or an oxide
that contains a high proportion of
oxygen-superoxide.
(6) Oxidizer: A chemical, other than an
explosive, that initiates or promotes
combustion in other materials, thereby
causing fire either of itself or through
the release of oxygen or other gases.
(7) Pyrophoric: Capable of igniting
spontaneously in air at a temperature of
130 [deg]F (54.4 [deg]C) or below.
(8) Unstable (reactive): A chemical which
in the pure state, or as produced or
transported, will vigorously polymerize,
decompose, condense, or become self-
reactive under conditions of shock,
pressure, or temperature.
(9) Water-reactive: A chemical that
reacts with water to release a gas that
is either flammable or a health hazard.Produce...................... To manufacture, process, formulate,
generate, or repackage.Raw material................. Ore, valuable minerals, worthless
material or gangue, overburden, or a
combination of these, that is removed
from natural deposits by mining or is
upgraded through milling.Trade secret................. Any confidential formula, pattern,
process, device, information, or
compilation of information that is used
by the operator and that gives the
operator an opportunity to obtain an
advantage over competitors who do not
know about it or use it.Use.......................... To package, handle, react, or transfer.Work area.................... Any place in or about a mine where a
miner works.------------------------------------------------------------------------ [67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]