29 Cfr 1910.1096

Occupational Safety and Health Admin., Labor
§ 1910.1096

Ionizing radiation.

(a) Definitions applicable to this section. (1) Radiation includes alpha rays,
beta rays, gamma rays, X-rays, neutrons, high-speed electrons, high-speed
protons, and other atomic particles;
but such term does not include sound
or radio waves, or visible light, or infrared or ultraviolet light.
(2) Radioactive material means any
material which emits, by spontaneous
nuclear disintegration, corpuscular or
electromagnetic emanations.
(3) Restricted area means any area access to which is controlled by the employer for purposes of protection of individuals from exposure to radiation or
radioactive materials.
(4) Unrestricted area means any area
access to which is not controlled by the
employer for purposes of protection of
individuals from exposure to radiation
or radioactive materials.
(5) Dose means the quantity of ionizing radiation absorbed, per unit of
mass, by the body or by any portion of
the body. When the provisions in this
section specify a dose during a period
of time, the dose is the total quantity
of radiation absorbed, per unit of mass,
by the body or by any portion of the
body during such period of time. Several different units of dose are in current use. Definitions of units used in
this section are set forth in paragraphs
(a) (6) and (7) of this section.
(6) Rad means a measure of the dose
of any ionizing radiation to body tissues in terms of the energy absorbed
per unit of mass of the tissue. One rad
is the dose corresponding to the absorption of 100 ergs per gram of tissue
(1 millirad (mrad)=0.001 rad).
(7) Rem means a measure of the dose
of any ionizing radiation to body tissue
in terms of its estimated biological effect relative to a dose of 1 roentgen (r)
of X-rays (1 millirem (mrem)=0.001
rem). The relation of the rem to other
dose units depends upon the biological
effect under consideration and upon
the conditions for irradiation. Each of
the following is considered to be equivalent to a dose of 1 rem:
(i) A dose of 1 roentgen due to X- or
gamma radiation;
(ii) A dose of 1 rad due to X-, gamma,
or beta radiation;

§ 1910.1096

(iii) A dose of 0.1 rad due to neutrons
or high energy protons;
(iv) A dose of 0.05 rad due to particles
heavier than protons and with sufficient energy to reach the lens of the
eye;
(v) If it is more convenient to measure the neutron flux, or equivalent,
than to determine the neutron dose in
rads, as provided in paragraph (a)(7)(iii)
of this section, 1 rem of neutron radiation may, for purposes of the provisions in this section be assumed to be
equivalent to 14 million neutrons per
square centimeter incident upon the
body; or, if there is sufficient information to estimate with reasonable accuracy the approximate distribution in
energy of the neutrons, the incident
number of neutrons per square centimeter equivalent to 1 rem may be estimated from Table G–17:
TABLE G–17—NEUTRON FLUX DOSE
EQUIVALENTS

Neutron energy (million electron volts (Mev))

Thermal ...................................
0.0001 ......................................
0.005 ........................................
0.02 ..........................................
0.1 ............................................
0.5 ............................................
1.0 ............................................
2.5 ............................................
5.0 ............................................
7.5 ............................................
10 .............................................
10 to 30 ...................................

Number of
neutrons per
square centimeter equivalent to a dose
of 1 rem (neutrons/cm2)

Average
flux to deliver 100
millirem in
40 hours
(neutrons/
cm2 per
sec.)

970×106
720×106
820×106
400×106
120×106
43×106
26×106
29×106
26×106
24×106
24×106
14×106

670
500
570
280
80
30
18
20
18
17
17
10

(8) For determining exposures to Xor gamma rays up to 3 Mev., the dose
limits specified in this section may be
assumed to be equivalent to the ‘‘air
dose’’. For the purpose of this section
air dose means that the dose is measured by a properly calibrated appropriate instrument in air at or near the
body surface in the region of the highest dosage rate.
(b) Exposure of individuals to radiation
in restricted areas. (1) Except as provided in paragraph (b)(2) of this section, no employer shall possess, use, or
transfer sources of ionizing radiation
in such a manner as to cause any individual in a restricted area to receive in

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§ 1910.1096

29 CFR Ch. XVII (7–1–10 Edition)

any period of one calendar quarter
from sources in the employer’s possession or control a dose in excess of the
limits specified in Table G–18:
TABLE G–18
Rems per
calendar
quarter
Whole body: Head and trunk; active blood-forming organs; lens of eyes; or gonads ................
Hands and forearms; feet and ankles .................
Skin of whole body ..............................................

11⁄4
183⁄4
71⁄2

(2) An employer may permit an individual in a restricted area to receive
doses to the whole body greater than
those permitted under subparagraph (1)
of this paragraph, so long as:
(i) During any calendar quarter the
dose to the whole body shall not exceed
3 rems; and
(ii) The dose to the whole body, when
added to the accumulated occupational
dose to the whole body, shall not exceed 5 (N–18) rems, where ‘‘N’’ equals
the individual’s age in years at his last
birthday; and
(iii) The employer maintains adequate past and current exposure
records which show that the addition
of such a dose will not cause the individual to exceed the amount authorized
in this subparagraph. As used in this
subparagraph Dose to the whole body
shall be deemed to include any dose to
the
whole
body,
gonad,
active
bloodforming organs, head and trunk,
or lens of the eye.
(3) No employer shall permit any employee who is under 18 years of age to
receive in any period of one calendar
quarter a dose in excess of 10 percent of
the limits specified in Table G–18.
(4) Calendar quarter means any 3month period determined as follows:
(i) The first period of any year may
begin on any date in January: Provided,
That the second, third, and fourth periods accordingly begin on the same date
in April, July, and October, respectively, and that the fourth period extends into January of the succeeding
year, if necessary to complete a 3month quarter. During the first year of
use of this method of determination,
the first period for that year shall also
include any additional days in January
preceding the starting date for the first
period; or

(ii) The first period in a calendar
year of 13 complete, consecutive calendar weeks; the second period in a calendar year of 13 complete, consecutive
weeks; the third period in a calendar
year of 13 complete, consecutive calendar weeks; the fourth period in a calendar year of 13 complete, consecutive
calendar weeks. If at the end of a calendar year there are any days not falling within a complete calendar week of
that year, such days shall be included
within the last complete calendar week
of that year. If at the beginning of any
calendar year there are days not falling
within a complete calendar week of
that year, such days shall be included
within the last complete calendar week
of the previous year; or
(iii) The four periods in a calendar
year may consist of the first 14 complete, consecutive calendar weeks; the
next 12 complete, consecutive calendar
weeks, the next 14 complete, consecutive calendar weeks, and the last 12
complete, consecutive calendar weeks.
If at the end of a calendar year there
are any days not falling within a complete calendar week of that year, such
days shall be included (for purposes of
this section) within the last complete
calendar week of the year. If at the beginning of any calendar year there are
days not falling within a complete calendar week of that year, such days
shall be included (for purposes of this
section) within the last complete week
of the previous year.
(c) Exposure to airborne radioactive material. (1) No employer shall possess,
use or transport radioactive material
in such a manner as to cause any employee, within a restricted area, to be
exposed to airborne radioactive material in an average concentration in excess of the limits specified in Table 1 of
appendix B to 10 CFR part 20. The limits given in Table 1 are for exposure to
the concentrations specified for 40
hours in any workweek of 7 consecutive days. In any such period where the
number of hours of exposure is less
than 40, the limits specified in the
table may be increased proportionately. In any such period where the
number of hours of exposure is greater
than 40, the limits specified in the
table shall be decreased proportionately.

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Occupational Safety and Health Admin., Labor
(2) No employer shall possess, use, or
transfer radioactive material in such a
manner as to cause any individual
within a restricted area, who is under
18 years of age, to be exposed to airborne radioactive material in an average concentration in excess of the limits specified in Table II of appendix B
to 10 CFR part 20. For purposes of this
paragraph, concentrations may be
averaged over periods not greater than
1 week.
(3) Exposed as used in this paragraph
means that the individual is present in
an airborne concentration. No allowance shall be made for the use of protective clothing or equipment, or particle size.
(d) Precautionary procedures and personal monitoring. (1) Every employer
shall make such surveys as may be necessary for him to comply with the provisions in this section. Survey means an
evaluation of the radiation hazards incident to the production, use, release,
disposal, or presence of radioactive materials or other sources of radiation
under a specific set of conditions. When
appropriate, such evaluation includes a
physical survey of the location of materials and equipment, and measurements of levels of radiation or concentrations of radioactive material
present.
(2) Every employer shall supply appropriate personnel monitoring equipment, such as film badges, pocket
chambers, pocket dosimeters, or film
rings, and shall require the use of such
equipment by:
(i) Each employee who enters a restricted area under such circumstances
that he receives, or is likely to receive,
a dose in any calendar quarter in excess of 25 percent of the applicable
value specified in paragraph (b)(1) of
this section; and
(ii) Each employee under 18 years of
age who enters a restricted area under
such circumstances that he receives, or
is likely to receive, a dose in any calendar quarter in excess of 5 percent of
the applicable value specified in paragraph (b)(1) of this section; and
(iii) Each employee who enters a high
radiation area.
(3) As used in this section:
(i) Personnel monitoring equipment
means devices designed to be worn or

§ 1910.1096

carried by an individual for the purpose
of measuring the dose received (e.g.,
film badges, pocket chambers, pocket
dosimeters, film rings, etc.);
(ii) Radiation area means any area,
accessible to personnel, in which there
exists radiation at such levels that a
major portion of the body could receive
in any 1 hour a dose in excess of 5
millirem, or in any 5 consecutive days
a dose in excess of 100 millirem; and
(iii) High radiation area means any
area, accessible to personnel, in which
there exists radiation at such levels
that a major portion of the body could
receive in any one hour a dose in excess
of 100 millirem.
(e) Caution signs, labels, and signals—
(1) General. (i) Symbols prescribed by
this paragraph shall use the conventional radiation caution colors (magenta or purple on yellow background).
The symbol prescribed by this paragraph is the conventional three-bladed
design:

FIGURE G–10

(ii) [Reserved]
(2) Radiation area. Each radiation
area shall be conspicuously posted with
a sign or signs bearing the radiation

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EC28OC91.041

455

§ 1910.1096

29 CFR Ch. XVII (7–1–10 Edition)

caution symbol described in subparagraph (1) of this paragraph and the
words:
CAUTION
RADIATION AREA

(3) High radiation area. (i) Each high
radiation area shall be conspicuously
posted with a sign or signs bearing the
radiation caution symbol and the
words:
CAUTION
HIGH RADIATION AREA

(ii) Each high radiation area shall be
equipped with a control device which
shall either cause the level of radiation
to be reduced below that at which an
individual might receive a dose of 100
millirems in 1 hour upon entry into the
area or shall energize a conspicuous
visible or audible alarm signal in such
a manner that the individual entering
and the employer or a supervisor of the
activity are made aware of the entry.
In the case of a high radiation area established for a period of 30 days or less,
such control device is not required.
(4) Airborne radioactivity area. (i) As
used in the provisions of this section,
airborne radioactivity area means:
(a) Any room, enclosure, or operating
area in which airborne radioactive materials, composed wholly or partly of
radioactive material, exist in concentrations in excess of the amounts
specified in column 1 of Table 1 of appendix B to 10 CFR part 20 or
(b) Any room, enclosure, or operating
area in which airborne radioactive materials exist in concentrations which,
averaged over the number of hours in
any week during which individuals are
in the area, exceed 25 percent of the
amounts specified in column 1 of Table
1 of appendix B to 10 CFR part 20.
(ii) Each airborne radioactivity area
shall be conspicuously posted with a
sign or signs bearing the radiation caution symbol described in paragraph
(e)(1) of this section and the words:
CAUTION
AIRBORNE RADIOACTIVITY AREA

(5) Additional requirements. (i) Each
area or room in which radioactive material is used or stored and which contains any radioactive material (other
than natural uranium or thorium) in
any amount exceeding 10 times the

quantity of such material specified in
appendix C to 10 CFR part 20 shall be
conspicuously posted with a sign or
signs bearing the radiation caution
symbol described in paragraph (e)(1) of
this section and the words:
CAUTION
RADIOACTIVE MATERIALS

(ii) Each area or room in which natural uranium or thorium is used or
stored in an amount exceeding 100
times the quantity of such material
specified in 10 CFR part 20 shall be conspicuously posted with a sign or signs
bearing the radiation caution symbol
described in paragraph (e)(1) of this
section and the words:
CAUTION
RADIOACTIVE MATERIALS

(6) Containers. (i) Each container in
which is transported, stored, or used a
quantity of any radioactive material
(other than natural uranium or thorium) greater than the quantity of
such material specified in appendix C
to 10 CFR part 20 shall bear a durable,
clearly visible label bearing the radiation caution symbol described in paragraph (e)(1) of this section and the
words:
CAUTION
RADIOACTIVE MATERIALS

(ii) Each container in which natural
uranium or thorium is transported,
stored, or used in a quantity greater
than 10 times the quantity specified in
appendix C to 10 CFR part 20 shall bear
a durable, clearly visible label bearing
the radiation caution symbol described
in paragraph (e)(1) of this section and
the words:
CAUTION
RADIOACTIVE MATERIALS

(iii) Notwithstanding the provisions
of paragraphs (e)(6) (i) and (ii) of this
section a label shall not be required:
(a) If the concentration of the material in the container does not exceed
that specified in column 2 of Table 1 of
appendix B to 10 CFR part 20, or
(b) For laboratory containers, such as
beakers, flasks, and test tubes, used
transiently in laboratory procedures,
when the user is present.

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Occupational Safety and Health Admin., Labor
(iv) Where containers are used for
storage, the labels required in this subparagraph shall state also the quantities and kinds of radioactive materials in the containers and the date of
measurement of the quantities.
(f) Immediate evacuation warning signal—(1) Signal characteristics. (i) The
signal shall be a midfrequency complex
sound wave amplitude modulated at a
subsonic frequency. The complex sound
wave in free space shall have a fundamental frequency (f1) between 450 and
500 hertz (Hz) modulated at a subsonic
rate between 4 and 5 hertz.
(ii) The signal generator shall not be
less than 75 decibels at every location
where an individual may be present
whose immediate, rapid, and complete
evacuation is essential.
(iii) A sufficient number of signal
units shall be installed such that the
requirements of paragraph (f)(1)(ii) of
this section are met at every location
where an individual may be present
whose immediate, rapid, and complete
evacuation is essential.
(iv) The signal shall be unique in the
plant or facility in which it is installed.
(v) The minimum duration of the signal shall be sufficient to insure that all
affected persons hear the signal.
(vi) The signal-generating system
shall respond automatically to an initiating event without requiring any
human action to sound the signal.
(2) Design objectives. (i) The signalgenerating system shall be designed to
incorporate components which enable
the system to produce the desired signal each time it is activated within
one-half second of activation.
(ii) The signal-generating system
shall be provided with an automatically activated secondary power supply
which is adequate to simultaneously
power all emergency equipment to
which it is connected, if operation during power failure is necessary, except
in those systems using batteries as the
primary source of power.
(iii) All components of the signalgenerating system shall be located to
provide maximum practicable protection against damage in case of fire, explosion, corrosive atmosphere, or other
environmental extremes consistent
with adequate system performance.

§ 1910.1096

(iv) The signal-generating system
shall be designed with the minimum
number of components necessary to
make it function as intended, and
should utilize components which do not
require frequent servicing such as lubrication or cleaning.
(v) Where several activating devices
feed activating information to a central signal generator, failure of any activating device shall not render the signal-generator system inoperable to activating information from the remaining devices.
(vi) The signal-generating system
shall be designed to enhance the probability that alarm occurs only when
immediate evacuation is warranted.
The number of false alarms shall not be
so great that the signal will come to be
disregarded and shall be low enough to
minimize personal injuries or excessive
property damage that might result
from such evacuation.
(3) Testing. (i) Initial tests, inspections, and checks of the signal-generating system shall be made to verify
that the fabrication and installation
were made in accordance with design
plans and specifications and to develop
a thorough knowledge of the performance of the system and all components
under normal and hostile conditions.
(ii) Once the system has been placed
in service, periodic tests, inspections,
and checks shall be made to minimize
the possibility of malfunction.
(iii) Following significant alterations
or revisions to the system, tests and
checks similar to the initial installation tests shall be made.
(iv) Tests shall be designed to minimize hazards while conducting the
tests.
(v) Prior to normal operation the signal-generating system shall be checked
physically and functionally to assure
reliability and to demonstrate accuracy and performance. Specific tests
shall include:
(a) All power sources.
(b) Calibration and calibration stability.
(c) Trip levels and stability.
(d) Continuity of function with loss
and return of required services such as
AC or DC power, air pressure, etc.
(e) All indicators.

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§ 1910.1096

29 CFR Ch. XVII (7–1–10 Edition)

(f) Trouble indicator circuits and signals, where used.
(g) Air pressure (if used)
(h) Determine that sound level of the
signal is within the limit of paragraph
(f)(1)(ii) of this section at all points
that require immediate evacuation.
(vi) In addition to the initial startup
and operating tests, periodic scheduled
performance tests and status checks
must be made to insure that the system is at all times operating within design limits and capable of the required
response. Specific periodic tests or
checks or both shall include:
(a) Adequacy of signal activation device.
(b) All power sources.
(c) Function of all alarm circuits and
trouble indicator circuits including
trip levels.
(d) Air pressure (if used).
(e) Function of entire system including operation without power where required.
(f) Complete operational tests including sounding of the signal and determination that sound levels are adequate.
(vii) Periodic tests shall be scheduled
on the basis of need, experience, difficulty, and disruption of operations.
The entire system should be operationally tested at least quarterly.
(viii) All employees whose work may
necessitate their presence in an area
covered by the signal shall be made familiar with the actual sound of the signal—preferably as it sounds at their
work location. Before placing the system into operation, all employees normally working in the area shall be
made acquainted with the signal by actual demonstration at their work locations.
(g) Exceptions from posting requirements. Notwithstanding the provisions
of paragraph (e) of this section:
(1) A room or area is not required to
be posted with a caution sign because
of the presence of a sealed source, provided the radiation level 12 inches from
the surface of the source container or
housing does not exceed 5 millirem per
hour.
(2) Rooms or other areas in onsite
medical facilities are not required to
be posted with caution signs because of
the presence of patients containing ra-

dioactive material, provided that there
are personnel in attendance who shall
take the precautions necessary to prevent the exposure of any individual to
radiation or radioactive material in excess of the limits established in the
provisions of this section.
(3) Caution signs are not required to
be posted at areas or rooms containing
radioactive materials for periods of
less than 8 hours: Provided, That
(i) The materials are constantly attended during such periods by an individual who shall take the precautions
necessary to prevent the exposure of
any individual to radiation or radioactive materials in excess of the limits
established in the provisions of this
section; and
(ii) Such area or room is subject to
the employer’s control.
(h) Exemptions for radioactive materials
packaged for shipment. Radioactive materials packaged and labeled in accordance with regulations of the Department of Transportation published in 49
CFR Chapter I, are exempt from the labeling and posting requirements of this
subpart during shipment, provided that
the inside containers are labeled in accordance with the provisions of paragraph (e) of this section.
(i) Instruction of personnel, posting. (1)
Employers regulated by the Nuclear
Regulatory Commission shall be governed by 10 CFR part 20 standards. Employers in a State named in paragraph
(p)(3) of this section shall be governed
by the requirements of the laws and
regulations of that State. All other employers shall be regulated by the following:
(2) All individuals working in or frequenting any portion of a radiation
area shall be informed of the occurrence of radioactive materials or of radiation in such portions of the radiation area; shall be instructed in the
safety problems associated with exposure to such materials or radiation and
in precautions or devices to minimize
exposure; shall be instructed in the applicable provisions of this section for
the protection of employees from exposure to radiation or radioactive materials; and shall be advised of reports of
radiation exposure which employees
may request pursuant to the regulations in this section.

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Occupational Safety and Health Admin., Labor
(3) Each employer to whom this section applies shall post a current copy
of its provisions and a copy of the operating procedures applicable to the
work conspicuously in such locations
as to insure that employees working in
or frequenting radiation areas will observe these documents on the way to
and from their place of employment, or
shall keep such documents available
for examination of employees upon request.
(j) Storage of radioactive materials. Radioactive materials stored in a nonradiation area shall be secured against
unauthorized removal from the place of
storage.
(k) Waste disposal. No employer shall
dispose of radioactive material except
by transfer to an authorized recipient,
or in a manner approved by the Nuclear Regulatory Commission or a
State named in paragraph (p)(3) of this
section.
(l) Notification of incidents—(1) Immediate notification. Each employer shall
immediately notify the Assistant Secretary of Labor or his duly authorized
representative, for employees not protected by the Nuclear Regulatory Commission by means of 10 CFR part 20;
paragraph (p)(2) of this section, or the
requirements of the laws and regulations of States named in paragraph
(p)(3) of this section, by telephone or
telegraph of any incident involving radiation which may have caused or
threatens to cause:
(i) Exposure of the whole body of any
individual to 25 rems or more of radiation; exposure of the skin of the whole
body of any individual to 150 rems or
more of radiation; or exposure of the
feet, ankles, hands, or forearms of any
individual to 375 rems or more of radiation; or
(ii) The release of radioactive material in concentrations which, if averaged over a period of 24 hours, would
exceed 5,000 times the limit specified
for such materials in Table II of appendix B to 10 CFR part 20.
(2) Twenty-four hour notification. Each
employer shall within 24 hours following its occurrence notify the Assistant Secretary of Labor or his duly authorized representative for employees
not protected by the Nuclear Regulatory Commission by means of 10 CFR

§ 1910.1096

part 20; paragraph (p)(2) of this section,
or the requirements of the laws and applicable regulations of States named in
paragraph (p)(3) of this section, by telephone or telegraph of any incident involving radiation which may have
caused or threatens to cause:
(i) Exposure of the whole body of any
individual to 5 rems or more of radiation; exposure of the skin of the whole
body of any individual to 30 rems or
more of radiation; or exposure of the
feet, ankles, hands, or forearms to 75
rems or more of radiation; or
(ii) [Reserved]
(m) Reports of overexposure and excessive levels and concentrations. (1) In addition to any notification required by
paragraph (1) of this section each employer shall make a report in writing
within 30 days to the Assistant Secretary of Labor or his duly authorized
representative, for employees not protected by the Nuclear Regulatory Commission by means of 10 CFR part 20; or
under paragraph (p)(2) of this section,
or the requirements of the laws and
regulations of States named in paragraph (p)(3) of this section, of each exposure of an individual to radiation or
concentrations of radioactive material
in excess of any applicable limit in this
section. Each report required under
this paragraph shall describe the extent of exposure of persons to radiation
or to radioactive material; levels of radiation and concentration of radioactive material involved, the cause of
the exposure, levels of concentrations;
and corrective steps taken or planned
to assure against a recurrence.
(2) In any case where an employer is
required pursuant to the provisions of
this paragraph to report to the U.S. Department of Labor any exposure of an
individual to radiation or to concentrations of radioactive material, the employer shall also notify such individual
of the nature and extent of exposure.
Such notice shall be in writing and
shall contain the following statement:
‘‘You should preserve this report for future reference.’’
(n) Records. (1) Every employer shall
maintain records of the radiation exposure of all employees for whom personnel monitoring is required under
paragraph (d) of this section and advise

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§ 1910.1096

29 CFR Ch. XVII (7–1–10 Edition)

each of his employees of his individual
exposure on at least an annual basis.
(2) Every employer shall maintain
records in the same units used in tables
in paragraph (b) of this section and appendix B to 10 CFR part 20.
(o) Disclosure to former employee of individual employee’s record. (1) At the request of a former employee an employer shall furnish to the employee a
report of the employee’s exposure to
radiation as shown in records maintained by the employer pursuant to
paragraph (n)(1) of this section. Such
report shall be furnished within 30 days
from the time the request is made, and
shall cover each calendar quarter of
the individual’s employment involving
exposure to radiation or such lesser period as may be requested by the employee. The report shall also include
the results of any calculations and
analysis of radioactive material deposited in the body of the employee. The
report shall be in writing and contain
the following statement: ‘‘You should
preserve this report for future reference.’’
(2) [Reserved]
(p) Nuclear Regulatory Commission licensees—NRC contractors operating NRC
plants and facilities—NRC Agreement
State licensees or registrants. (1) Any employer who possesses or uses source
material, byproduct material, or special nuclear material, as defined in the
Atomic Energy Act of 1954, as amended, under a license issued by the Nuclear Regulatory Commission and in
accordance with the requirements of 10
CFR part 20 shall be deemed to be in
compliance with the requirements of
this section with respect to such possession and use.
(2) NRC contractors operating NRC
plants and facilities: Any employer
who possesses or uses source material,
byproduct material, special nuclear
material, or other radiation sources
under a contract with the Nuclear Regulatory Commission for the operation
of NRC plants and facilities and in accordance with the standards, procedures, and other requirements for radiation protection established by the
Commission for such contract pursuant
to the Atomic Energy Act of 1954 as
amended (42 U.S.C. 2011 et seq.), shall
be deemed to be in compliance with the

requirements of this section with respect to such possession and use.
(3) NRC-agreement State licensees or
registrants:
(i) Atomic Energy Act sources. Any employer who possesses or uses source
material, byproduct material, or special nuclear material, as defined in the
Atomic Energy Act of 1954, as amended
(42 U.S.C. 2011 et seq.), and has either
registered such sources with, or is operating under a license issued by, a
State which has an agreement in effect
with the Nuclear Regulatory Commission pursuant to section 274(b) (42
U.S.C. 2021(b)) of the Atomic Energy
Act of 1954, as amended, and in accordance with the requirements of that
State’s laws and regulations shall be
deemed to be in compliance with the
radiation requirements of this section,
insofar as his possession and use of
such material is concerned, unless the
Secretary of Labor, after conference
with the Nuclear Regulatory Commission, shall determine that the State’s
program for control of these radiation
sources is incompatible with the requirements of this section. Such agreements currently are in effect only in
the States of Alabama, Arkansas, California, Kansas, Kentucky, Florida, Mississippi, New Hampshire, New York,
North Carolina, Texas, Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, Washington, Maryland, North Dakota, South Carolina,
and Georgia.
(ii) Other sources. Any employer who
possesses or uses radiation sources
other than source material, byproduct
material, or special nuclear material,
as defined in the Atomic Energy Act of
1954, as amended (42 U.S.C. 2011 et seq.),
and has either registered such sources
with, or is operating under a license
issued by a State which has an agreement in effect with the Nuclear Regulatory Commission pursuant to section
274(b) (42 U.S.C. 2021(b)) of the Atomic
Energy Act of 1954, as amended, and in
accordance with the requirements of
that State’s laws and regulations shall
be deemed to be in compliance with the
radiation requirements of this section,
insofar as his possession and use of
such material is concerned, provided
the State’s program for control of
these radiation sources is the subject

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Occupational Safety and Health Admin., Labor
of a currently effective determination
by the Assistant Secretary of Labor
that such program is compatible with
the requirements of this section. Such
determinations currently are in effect
only in the States of Alabama, Arkansas, California, Kansas, Kentucky,
Florida, Mississippi, New Hampshire,
New York, North Carolina, Texas, Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, Washington, Maryland, North Dakota,
South Carolina, and Georgia.
[39 FR 23502, June 27, 1974, as amended at 43
FR 49746, Oct. 24, 1978; 43 FR 51759, Nov. 7,
1978; 49 FR 18295, Apr. 30, 1984; 58 FR 35309,
June 30, 1993. Redesignated at 61 FR 31430,
June 20, 1996]

§ 1910.1200 Hazard communication.
(a) Purpose. (1) The purpose of this
section is to ensure that the hazards of
all chemicals produced or imported are
evaluated, and that information concerning their hazards is transmitted to
employers and employees. This transmittal of information is to be accomplished by means of comprehensive
hazard
communication
programs,
which are to include container labeling
and other forms of warning, material
safety data sheets and employee training.
(2) This occupational safety and
health standard is intended to address
comprehensively the issue of evaluating the potential hazards of chemicals, and communicating information
concerning hazards and appropriate
protective measures to employees, and
to preempt any legal requirements of a
state, or political subdivision of a
state, pertaining to this subject. Evaluating the potential hazards of chemicals, and communicating information
concerning hazards and appropriate
protective measures to employees, may
include, for example, but is not limited
to, provisions for: developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals
present; labeling of containers of
chemicals in the workplace, as well as
of containers of chemicals being
shipped to other workplaces; preparation and distribution of material safety
data sheets to employees and downstream employers; and development

§ 1910.1200

and implementation of employee training programs regarding hazards of
chemicals and protective measures.
Under section 18 of the Act, no state or
political subdivision of a state may
adopt or enforce, through any court or
agency, any requirement relating to
the issue addressed by this Federal
standard, except pursuant to a Federally-approved state plan.
(b) Scope and application. (1) This section requires chemical manufacturers
or importers to assess the hazards of
chemicals which they produce or import, and all employers to provide information to their employees about the
hazardous chemicals to which they are
exposed, by means of a hazard communication program, labels and other
forms of warning, material safety data
sheets, and information and training.
In addition, this section requires distributors to transmit the required information to employers. (Employers
who do not produce or import chemicals need only focus on those parts of
this rule that deal with establishing a
workplace
program
and
communicating information to their workers.
Appendix E of this section is a general
guide for such employers to help them
determine their compliance obligations
under the rule.)
(2) This section applies to any chemical which is known to be present in
the workplace in such a manner that
employees may be exposed under normal conditions of use or in a foreseeable emergency.
(3) This section applies to laboratories only as follows:
(i) Employers shall ensure that labels
on incoming containers of hazardous
chemicals are not removed or defaced;
(ii) Employers shall maintain any
material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they
are readily accessible during each
workshift to laboratory employees
when they are in their work areas;
(iii) Employers shall ensure that laboratory employees are provided information and training in accordance
with paragraph (h) of this section, except for the location and availability of
the written hazard communication program under paragraph (h)(2)(iii) of this
section; and,

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