Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 47 - Hazardous Substances › Section 902 KAR 47:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.650-217.710
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 217.690
				authorizes the Cabinet for Human Resources to adopt administrative regulations
				to regulate the control of hazardous substances in Kentucky. The purpose of
				this administrative regulation is to provide definitions that are applicable to
				all other Cabinet for Human Resources administrative regulations relating to
				hazardous substances, and to designate as hazardous substances any substance or
				mixture of substances which is a "strong sensitizer."
Section 1. Definitions. In addition to the
			 definitions set forth in
			 KRS
			 217.660, the following terms are defined as
			 follows:
(1) "Combustible" means a substance
			 which has a flash point of 100 to 150 degrees Fahrenheit.
(2) "Extremely flammable" means a substance
			 which has a flash point of twenty (20) degrees Fahrenheit or less.
(3) "Extremely flammable contents of
			 self-pressurized container" means contents of a self-pressurized container that
			 a flashback (a flame extending back to the dispenser) is obtained at any degree
			 of valve opening and the flash point is less than twenty (20) degrees
			 Fahrenheit.
(4) "Extremely
			 flammable solid" means a solid substance that ignites and burns at an ambient
			 temperature of eighty (80) degrees Fahrenheit or less if subjected to friction,
			 percussion, or electrical spark.
(5) "Federal Act" means PL 86-613 74 Stat.
			 372; 15 USC, Sec. 1261, et
			 seq., including the amendments thereto.
(6) "Flammable contents of self-pressurized
			 container" means contents of a self-pressurized container that a flame
			 projection exceeding eighteen (18) inches is obtained at full valve opening or
			 a flashback (a flame extending back to the dispenser) is obtained at a degree
			 of valve opening.
(7) "Flammable
			 solid" means a solid substance that ignites and burns with a self-sustained
			 flame at a rate greater than one-tenth (1/10) inch per second along its major
			 axis.
(8) "Flammable" applies to
			 substances having a flashpoint above twenty (20) degrees Fahrenheit and below
			 100 degrees Fahrenheit.
(9)
			 "Principal display panel" means the portion of the immediate container, and an
			 outer container or wrapping, which bears the labeling designed to be most
			 prominently displayed, shown, presented, or examined under conditions of retail
			 sale.
(10) "General home and
			 household use" means a hazardous substance, whether or not packaged, that under
			 a customary or reasonably foreseeable condition of purchase, storage, or use,
			 may be brought into or around a house, apartment, or other place where people
			 dwell, or in or around a related building or shed including a garage, carport,
			 barn, or storage shed. The term includes articles, such as polishes or
			 cleaners, designed primarily for professional use but which are available in
			 retail stores, such as hobby shops, for nonprofessional use. Also included are
			 items such as antifreeze and radiator cleaners that, although principally for
			 car use, may be stored in or around dwelling places. The term does not include
			 industrial supplies that might be taken into the home by a serviceman. An
			 article labeled as, and marketed solely for, industrial use does not become
			 subject to these administrative regulations because of the possibility that an
			 industrial worker may take a supply for his own use. Size of unit or container
			 is not the only index of whether the article is suitable for use in or around
			 the household. The test is whether, under a reasonably foreseeable condition of
			 purchase, storage, or use, the article may be found in or around a
			 dwelling.
(11) "Highly toxic" means
			 a substance which falls within any the following categories:
(a) Produces death within fourteen (14) days
			 in half or more than half of a group of ten (10) or more laboratory white rats
			 each weighing between 200 and 300 grams, at a single dose of fifty (50)
			 milligrams or less per kilogram of body weight, if orally
			 administered;
(b) Produces death
			 within fourteen (14) days in half or more than half of a group of ten (10) or
			 more laboratory white rats each weighing between 200 and 300 grams, if inhaled
			 continuously for a period of one (1) hour or less at an atmospheric
			 concentration of 200 parts per million per liter by volume or less of gas or
			 vapor or two (2) milligrams per liter by volume or less of mist or dust,
			 provided the concentration is likely to be encountered by man if the substance
			 is used in a reasonably foreseeable manner; or
(c) Produces death within fourteen (14) days
			 in half or more than half of a group of ten (10) or more rabbits tested in a
			 dosage of 200 milligrams or less per kilogram of body weight, if administered
			 by continuous contact with bare skin for twenty-four (24) hours or
			 less.