16 DE Code § 2403. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 24. Hazardous Chemical Information|§ 2403. Definitions.

§ 2403. Definitions. (a) “Chemical manufacturer” shall mean an employer in Standard Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution. (b) “Chemical name” shall mean the scientific designation of a chemical 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 or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. (c) “Common name” shall mean any designation or 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. (d) “Designated representative” shall mean the 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. (e) “Distributor” shall mean any business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to purchasers. (f) “Employee” shall mean any person who may be exposed to hazardous chemicals in that person's workplace under normal operating conditions or foreseeable emergencies. Office workers, grounds maintenance, security and nonresident management personnel are not included unless their job performances routinely involve potential exposure to hazardous chemicals. For the purposes of this chapter, “employee” includes persons working for the State and its political subdivisions, as well as members of volunteer emergency service organizations. (g) “Expose or exposure” means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contract or absorption, etc.) and includes potential (e.g., accidental or possible) exposure. (h) “Hazardous chemical” shall mean any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA standard in 29 C.F.R. § 1910.1200(c) or a hazardous substance as defined by the OSHA standard in 29 C.F.R. § 1910.1200(d)(3). (i) “Label” shall mean any written, printed or graphic material displayed on or affixed to containers of hazardous chemicals. (j) “Manufacturing employer” shall mean an employer with a workplace classified in SIC Codes 20 through 39 who manufactures or uses a hazardous chemical. (k) “Material safety data sheet (MSDS)” shall mean a document containing chemical hazard and safe handling information, provided that, after November 25, 1985, MSDS shall mean a document prepared in accordance with the requirements of the OSHA standard for such document. (l) “Nonmanufacturing employer” or “employer” shall mean an employer with a workplace in a SIC Code, other than 20 through 39, the State, its political subdivisions, and all volunteer emergency service organizations. (m) “OSHA standard” shall mean the hazard communication standard issued by the Occupation Safety and Health Administration in 48 Federal Register 53280 et seq. (November 25, 1983), to be codified under Title 29 of the Code of Federal Regulations (C.F.R.) Part 1910.1200. (n) “Secretary” shall mean the Secretary of the Department of Health and Social Services. (o) “Work area” shall mean a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present. (p) “Workplace” shall mean an establishment at 1 geographical location containing 1 or more work areas. (q) “Workplace chemical list” shall mean the list of hazardous chemicals developed pursuant to § 2406 of this title or subsection (e)(i) of the OSHA standard [29 C.F.R. 1910.1200(e)(i)]. 64 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;