§ 100.03. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Chemical name." The scientific designation in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature for those substances listed in § 100.05.

"Commission." When used in this chapter, means the Health Commission established by Section 78 of the City Charter.

"Common name." Any designation of identification, such as code name, code number, trade name, brand name, or generic name used to identify a chemical other than by its chemical name.

"Container." Any bag, barrel, bottle, box, can, cylinder, drum, storage tank, reaction vessel, or the like that contains a hazardous chemical. For purposes of this section, pipes, piping systems, or transfer containers used in production are not considered to be containers.

"Designated representative." Any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this chapter. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

"Discharge." The emission of a hazardous chemical into the air or water, including the sewer system, or onto the land.

"Emergency." Any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which may or does result in an uncontrolled release of a hazardous chemical into the workplace.

"Employee." A current employee, temporary employee, casual employee, or an employee being assigned or transferred to work where there will be exposure to hazardous chemicals. In the case of a deceased or legally incapacitated employee, the employee's legal representative may directly exercise all the employee's rights under this chapter. "Employee" includes any worker who may be exposed, on or after the effective date of this chapter, under normal conditions of use or foreseeable emergencies to hazardous chemicals, including, but not limited to production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel, and non-resident management are excluded unless their job involves exposure to hazardous chemicals.

"Employer." The City and any person, firm, corporation, partnership, association, or other entity in the City which is in any of the following Standard Industrial Codes (SIC): 7, 13 through 17, 20 through 39, 41, 42, 45, 48 through 50, 53, 54, 55, 70, 72, 516, 517, 7333, 7342, 7349, 75, 80, or 863. In construction situations, "employer" means that person or entity directly in control of the toxic or hazardous substance in the workplace.

"Exposure" or "exposed." Any employee subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, or skin contact), including potential (e. g. accidental or emergency) exposure, without regard to the use of personal protective equipment, but does not include situations where the employer can demonstrate that the hazardous chemical is not used, handled, stored, generated, or present in the workplace in any manner different from typical, nonoccupational situations.

"Hazardous chemical." Any substance set forth on the list promulgated pursuant to § 100.05. Any mixture which is comprised of at least one percent (by weight or volume) of any chemical set forth on the list promulgated pursuant to § 100.05, or 0.1% of a chemical on said list which has been determined to be a carcinogen, reproductive toxin, mutagen, or sensitizer shall also be considered hazardous for purposes of this chapter, unless the mixture has been evaluated as a whole and the data indicates it is not hazardous.

"Use." To handle, react, process, package, repackage, or transport.

"Waste." Includes all hazardous material required to be reported under § 100.07(B) of this chapter.

"Work area." A room or defined space in an establishment where hazardous chemicals are produced, used, or where exposure could occur and where employees are present.

"Workplace." An establishment at one geographical location containing one or more work areas.

(Ord. 771-1984)