Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:320 - Toxic and hazardous substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.015,
				338.031,
				29 C.F.R.
				1910.134,
				1910.141,
				1910.1000-1910.1450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards.
				29 C.F.R.
				1910.1000 through
				1910.1450
				establish federal requirements relating to toxic and hazardous substances. This
				administrative regulation establishes the toxic and hazardous substances
				standards enforced by the Department of Workplace Standards in the area of
				general industry.
Section 1.
			 Definitions.
(1) "Absolute filter" means a
			 filter capable of retaining 99.97 percent of a mono disperse aerosol of zero
			 and three-tenths (0.3) mu particles.
(2) "Area director" means Director, Division
			 of Occupational Safety and Health Compliance, Kentucky Labor Cabinet.
(3) "Authorized employee" means an employee
			 whose duties require the employee to be in the regulated area and who has been
			 specifically assigned to that area by the employer.
(4) "Clean change room" means a room where
			 employees put on clean clothing or protective equipment in an environment free
			 of 4,4' Methylene bis (2-chloroaniline).
(5) "Closed system" means an operation
			 involving 4,4'-Methylene bis (2-chloroaniline) if containment prevents the
			 release of 4,4' Methylene bis (2-chloroaniline) into regulated areas,
			 nonregulated areas, or the external environment.
(6) "Decontamination" means the inactivation
			 of 4,4'-Methylene bis (2-chloroaniline) or its safe disposal.
(7) "Director" means the Director, National
			 Institute for Occupational Safety and Health, or any person directed by the
			 director or the Secretary of Health, Education, and Welfare to act for the
			 director.
(8) "Disposal" means the
			 safe removal of 4,4'-Methylene bis (2-chloroaniline) from the work
			 environment.
(9) "Emergency" means
			 an unforeseen circumstance or set of circumstances resulting in the release of
			 4,4'-Methylene bis (2-chloroaniline) that could result in exposure to or
			 contact with 4,4'-Methylene bis (2-chloroaniline).
(10) "Employee" is defined by
			 KRS
			 338.015(2).
(11) "Employer" is defined by
			 KRS
			 338.015(1).
(12) "External environment" means any
			 environment external to regulated and nonregulated areas.
(13) "Isolated system" means a fully enclosed
			 structure, other than the vessel of containment, of 4,4'-Methylene bis
			 (2-chloroaniline), which is impervious to the passage of entry of
			 4,4'-Methylene bis (2-chloroaniline), and which would prevent the entry of
			 4,4'-Methylene bis (2-chloroaniline) into regulated areas, or the external
			 environment, if leakage or spillage from the vessel of containment
			 occurs.
(14) "Laboratory type hood"
			 means a device:
(a) Enclosed on three (3)
			 sides with the top and bottom designed and maintained to draw air inward at an
			 average linear face velocity of 150 feet per minute with a minimum of 125 feet
			 per minute; and
(b) Designed,
			 constructed, and maintained so that an operation involving 4,4'-Methylene bis
			 (2-chloroaniline) within the hood does not require the insertion of any portion
			 of an employee's body other than hands and arms.
(15) "Nonregulated area" means any area under
			 the control of the employer where entry and exit is neither restricted nor
			 controlled.
(16) "Open vessel
			 system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) in an
			 open vessel, which is not in an isolated system, a laboratory type hood, nor in
			 any other system affording equivalent protection against the entry of
			 4,4'-Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas,
			 or the external environment.
(17)
			 "Protective clothing" means clothing designed to protect an employee against
			 contact with or exposure to 4,4'-Methylene bis (2-chloroaniline).
(18) "Regulated area" means an area where
			 entry and exit is restricted and controlled.
(19) "Standard" means "occupational safety
			 and health standards" as defined by
			 KRS
			 338.015(3).