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MSHA -  Title 30 CFR

30 CFR § 47.21

Identifying hazardous chemicals.

The operator must evaluate each chemical brought on mine property and each chemical produced on mine property to determine if it is hazardous as specified in Table 47.21 as follows:
Table 47.21--Identifying Hazardous Chemicals
                                     Basis for determining if a chemical
             Category                           is hazardous
(a) Chemical brought to the mine..   The chemical is hazardous when its
                                     MSDS or container label indicates
                                     it is a physical or health hazard;
                                     or the operator may choose to
                                     evaluate the chemical using the
                                     criteria in paragraphs (b) and (c)
                                     of this table.
(b) Chemical produced at the mine.  The chemical is hazardous if any one
                                     of the following that it is a
                                    (1) Available evidence concerning
                                     its physical or health hazards.
                                    (2) MSHA standards in 30 CFR chapter
                                    (3) Occupational Safety and Health
                                     Administration (OSHA), 29 CFR part
                                     1910, subpart Z, Toxic and
                                     Hazardous Substances.
                                    (4) American Conference of
                                     Governmental Industrial Hygienists
                                     (ACGIH), Threshold Limit Values and
                                     Biological Exposure Indices (2001).
                                    (5) U.S. Department of Health and
                                     Human Services, National Toxicology
                                     Program (NTP), Ninth Annual Report
                                     on Carcinogens, January 2001.
                                    (6) International Agency for
                                     Research on Cancer (IARC),
                                     Monographs and related supplements,
                                     Volumes 1 through 77.
(c) Mixture produced at the mine..  (1) If a mixture has been tested as
                                     a whole to determine its hazards,
                                     use the results of that testing.
                                    (2) If a mixture has not been tested
                                     as a whole to determine its hazards-
                                     - (i) Use available, scientifically
                                     valid evidence to determine its
                                     physical hazard potential; (ii)
                                     Assume that it presents the same
                                     health hazard as a non-carcinogenic
                                     component that makes up 1% or more
                                     (by weight or volume) of the
                                     mixture; and (iii) Assume that it
                                     presents a carcinogenic health
                                     hazard if a component considered
                                     carcinogenic by NTP or IARC makes
                                     up 0.1% or more (by weight or
                                     volume) of the mixture.
                                    (3) If evidence indicates that a
                                     component could be released from a
                                     mixture in a concentration that
                                     could present a health risk to
                                     miners, assume that the mixture
                                     presents the same hazard.