Title 30—Mineral Resources--Volume 1
PART 47—HAZARD COMMUNICATION (HazCom)
§ 47.1   Purpose of a HazCom standard; applicability.
The purpose of this part is to reduce injuries and illnesses by ensuring that each operator—
(a) Identifies the chemicals at the mine,
(b) Determines which chemicals are hazardous,
(c) Establishes a HazCom program, and
(d) Informs each miner who can be exposed, and other on-site operators whose miners can be exposed, about chemical hazards and appropriate protective measures.
(e) As of September 23, 2002, all mines employing six or more miners are required to comply with this part.
(f) As of March 21, 2003, all mines employing five or fewer miners are required to comply with this part.
§ 47.2   Operators and chemicals covered; initial miner training.
(a) This part applies to any operator producing or using a hazardous chemical to which a miner can be exposed under normal conditions of use or in a foreseeable emergency. (Subpart J of this part lists exemptions from coverage.)
(b) Operators of mines which employ six or more miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by September 23, 2002. Operators of mines that employ five or fewer miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by March 21, 2003.
§ 47.11   Definitions of terms used in this part.
The definitions in Table 47.11 apply in this part as follows:
Table 47.11—Definitions
§ 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
§ 47.31   Requirement for a HazCom program.
Each operator must—
(a) Develop and implement a written HazCom program,
(b) Maintain it for as long as a hazardous chemical is known to be at the mine, and
(c) Share relevant HazCom information with other on-site operators whose miners can be affected.
§ 47.32   HazCom program contents.
The HazCom program must include the following:
(a) How this part is put into practice at the mine through the use of—
(1) Hazard determination,
(2) Labels and other forms of warning,
(3) Material safety data sheets (MSDSs), and
(4) Miner training.
(b) A list or other record identifying all hazardous chemicals known to be at the mine. The list must—
(1) Use a chemical identity that permits cross-referencing between the list, a chemical's label, and its MSDS; and
(2) Be compiled for the whole mine or by individual work areas.
(c) At mines with more than one operator, the methods for—
(1) Providing other operators with access to MSDSs, and
(2) Informing other operators about—
(i) Hazardous chemicals to which their miners can be exposed,
(ii) The labeling system on the containers of these chemicals, and
(iii) Appropriate protective measures.
§ 47.41   Requirement for container labels.
(a) The operator must ensure that each container of a hazardous chemical has a label. If a container is tagged or marked with the appropriate information, it is labeled.
(1) The operator must replace a container label immediately if it is missing or if the hazard information on the label is unreadable.
(2) The operator must not remove or deface existing labels on containers of hazardous chemicals.
(b) For each hazardous chemical produced at the mine, the operator must prepare a container label and update this label with any significant, new information about the chemical's hazards within 3 months of becoming aware of this information.
(c) For each hazardous chemical brought to the mine, the operator must replace an outdated label when a revised label is received from the chemical's manufacturer or supplier. The operator is not responsible for an inaccurate label obtained from the chemical's manufacturer or supplier.
§ 47.42   Label contents.
When an operator must make a label, the label must—
(a) Be prominently displayed, legible, accurate, and in English;
(b) Display appropriate hazard warnings;
(c) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, a chemical's label, and its MSDS; and
(d) Include on labels for customers, the name and address of the operator or another responsible party who can provide additional information about the hazardous chemical.
§ 47.43   Label alternatives.
The operator may use signs, placards, process sheets, batch tickets, operating procedures, or other label alternatives for individual, stationary process containers, provided that the alternative—
(a) Identifies the container to which it applies,
(b) Communicates the same information as required on the label, and
(c) Is readily available throughout each work shift to miners in the work area.
§ 47.44   Temporary, portable containers.
(a) The operator does not have to label a temporary, portable container if he or she ensures that the miner using the portable container—
(1) Knows the identity of the chemical, its hazards, and any protective measures needed, and
(2) Leaves the container empty at the end of the shift.
(b) Otherwise, the operator must mark the temporary, portable container with at least the common name of its contents.
§ 47.51   Requirement for an MSDS.
Operators must have an MSDS for each hazardous chemical which they produce or use. The MSDS may be in any medium, such as paper or electronic, that does not restrict availability.
(a) For each hazardous chemical produced at the mine, the operator must prepare an MSDS, and update it with significant, new information about the chemical's hazards or protective measures within 3 months of becoming aware of this information.
(b) For each hazardous chemical brought to the mine, the operator must rely on the MSDS received from the chemical manufacturer or supplier, develop their own MSDS, or obtain one from another source.
(c) Although the operator is not responsible for an inaccurate MSDS obtained from the chemical's manufacturer, supplier, or other source, the operator must—
(1) Replace an outdated MSDS upon receipt of an updated revision, and
(2) Obtain an accurate MSDS as soon as possible after becoming aware of an inaccuracy.
(d) The operator is not required to prepare an MSDS for an intermediate chemical or by-product resulting from mining or milling if its hazards are already addressed on the MSDS of the source chemical.
§ 47.52   MSDS contents.
When an operator must prepare an MSDS for a hazardous chemical produced at the mine, the MSDS must—
(a) Be legible, accurate, and in English;
(b) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, the chemical's label, and its MSDS; and
(c) Contain information, or indicate if no information is available, for the categories listed in Table 47.52 as follows:
Table 47.52—Contents of MSDS
§ 47.53   Alternative for hazardous waste.
If the mine produces or uses hazardous waste, the operator must provide potentially exposed miners and designated representatives access to available information for the hazardous waste that—
(a) Identifies its hazardous chemical components,
(b) Describes its physical or health hazards, or
(c) Specifies appropriate protective measures.
§ 47.54   Availability of an MSDS.
The operator must make MSDSs accessible to miners during each work shift for each hazardous chemical to which they may be exposed either—
(a) At each work area where the hazardous chemical is produced or used, or
(b) At an alternative location, provided that the MSDS is readily available to miners in an emergency.
§ 47.55   Retaining an MSDS.
The operator must—
(a) Retain its MSDS for as long as the hazardous chemical is known to be at the mine, and
(b) Notify miners at least 3 months before disposing of the MSDS.
§ 47.71   Access to HazCom materials.
Upon request, the operator must provide access to all HazCom materials required by this part to miners and designated representatives, except as provided in § 47.81 through § 47.87 (provisions for trade secrets).
§ 47.72   Cost for copies.
(a) The operator must provide the first copy and each revision of the HazCom material without cost.
(b) Fees for a subsequent copy of the HazCom material must be non-discriminatory and reasonable.
§ 47.73   Providing labels and MSDSs to customers.
For a hazardous chemical produced at the mine, the operator must provide customers, upon request, with the chemical's label or a copy of the label information, and the chemical's MSDS.
§ 47.81   Provisions for withholding trade secrets.
(a) Operators may withhold the identity of a trade secret chemical, including the name and other specific identification, from the written list of hazardous chemicals, the label, and the MSDS, provided that the operator—
(1) Can support the claim that the chemical's identity is a trade secret,
(2) Identifies the chemical in a way that it can be referred to without disclosing the secret,
(3) Indicates in the MSDS that the chemical's identity is withheld as a trade secret, and
(4) Discloses in the MSDS information on the properties and effects of the hazardous chemical.
(b) The operator must make the chemical's identity available to miners, designated representatives, and health professionals in accordance with the provisions of this subpart.
(c) This subpart does not require the operator to disclose process or percentage of mixture information, which is a trade secret, under any circumstances.
§ 47.82   Disclosure of information to MSHA.
(a) Even if the operator has a trade secret claim, the operator must disclose to MSHA, upon request, any information which this subpart requires the operator to make available.
(b) The operator must make a trade secret claim, no later than at the time the information is provided to MSHA, so that MSHA can determine the trade secret status and implement the necessary protection.
§ 47.83   Disclosure in a medical emergency.
(a) Upon request and regardless of the existence of a written statement of need or a confidentiality agreement, the operator must immediately disclose the identity of a trade secret chemical to the treating health professional when that person determines that—
(1) A medical emergency exists, and
(2) The identity of the hazardous chemical is necessary for emergency or first-aid treatment.
(b) The operator may require a written statement of need and confidentiality agreement in accordance with the provisions of § 47.84 and § 47.85 as soon as circumstances permit.
§ 47.84   Non-emergency disclosure.
Upon request, the operator must disclose the identity of a trade secret chemical in a non-emergency situation to an exposed miner, the miner's designated representative, or a health professional providing services to the miner, if the following conditions are met.
(a) The request is in writing.
(b) The request describes in reasonable detail an occupational health need for the information, as follows:
(1) To assess the chemical hazards to which the miner will be exposed.
(2) To conduct or assess health sampling to determine the miner's exposure levels.
(3) To conduct reassignment or periodic medical surveillance of the exposed miner.
(4) To provide medical treatment to the exposed miner.
(5) To select or assess appropriate personal protective equipment for the exposed miner.
(6) To design or assess engineering controls or other protective measures for the exposed miner.
(7) To conduct studies to determine the health effects of exposure.
(c) The request explains in detail why the disclosure of the following information would not satisfy the purpose described in paragraph (b) of this section:
(1) The properties and effects of the chemical.
(2) Measures for controlling the miner's exposure to the chemical.
(3) Methods of monitoring and analyzing the miner's exposure to the chemical.
(4) Methods of diagnosing and treating harmful exposures to the chemical.
(d) The request describes the procedures to be used to maintain the confidentiality of the disclosed information.
(e) The person making the request enters a written confidentiality agreement that he or she will not use the information for any purpose other than the health needs asserted and agrees not to release the information under any circumstances, except as authorized by § 47.85, by the terms of the agreement, or by the operator.
§ 47.85   Confidentiality agreement and remedies.
(a) The confidentiality agreement authorized by § 47.84—
(1) May restrict the use of the trade secret chemical identity to the health purposes indicated in the written statement of need;
(2) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages;
(3) Must allow the exposed miner, the miner's designated representative, or the health professional to disclose the trade secret chemical identity to MSHA;
(4) May provide that the exposed miner, the miner's designated representative, or the health professional inform the operator who provided the trade secret chemical identity prior to or at the same time as its disclosure to MSHA; and
(5) May not include requirements for the posting of a penalty bond.
(b) Nothing in this subpart precludes the parties from pursuing non-contractual remedies to the extent permitted by law.
§ 47.86   Denial of a written request for disclosure.
To deny a written request for disclosure of the identity of a trade secret chemical, the operator must—
(a) Put the denial in writing,
(1) Including evidence to substantiate the claim that the chemical's identity is a trade secret,
(2) Stating the specific reasons why the request is being denied, and
(3) Explaining how alternative information will satisfy the specific medical or occupational health need without revealing the chemical's identity.
(b) Provide the denial to the health professional, miner, or designated representative within 30 days of the request.
§ 47.87   Review of denial.
(a) The health professional, miner, or designated representative may refer the written denial to MSHA for review. The request for review must include a copy of—
(1) The request for disclosure of the identity of the trade secret chemical,
(2) The confidentiality agreement, and
(3) The operator's written denial.
(b) If MSHA determines that the identity of the trade secret chemical should have been disclosed, the operator will be subject to citation by MSHA.
(c) If MSHA determines that the confidentiality agreement would not sufficiently protect against unauthorized disclosure of the trade secret, MSHA may impose additional conditions to ensure that the occupational health services are provided without an undue risk of harm to the operator.
(d) If the operator contests a citation for a failure to release the identity of a trade secret chemical, the matter will be adjudicated by the Federal Mine Safety and Health Review Commission. The Administrative Law Judge may review the citation and supporting documentation “in camera” or issue appropriate orders to protect the trade secret.
§ 47.91   Exemptions from the HazCom standard.
A hazardous chemical is exempt from this part under the conditions described in Table 47.91 as follows:
Table 47.91—Chemicals and Products Exempt from this HazCom Standard
§ 47.92   Exemptions from labeling.
A hazardous chemical is exempt from subpart E of this part under the conditions described in Table 47.92 as follows:
Table 47.92—Hazardous Chemicals Exempt from Labeling