Section 0800-01-09-.11 - Workplace Chemical List(1) Content. WCL shall be compiled, maintained, and updated by all employers, and shall contain the following information for each hazardous chemical known to be present in the workplace:(a) Employer name and mailing address;(b) Workplace location if different than mailing address;(c) Employer's primary North American industry Classification System (NAICS) Code;(d) Employer's federal employer identification number;(e) A brief description of the workplace operation. Examples of such description would include but not be limited to:1. Galvanizing commercial wire gratings.2. Fabrication and forming of steel parts.3. Spray and electrostatic painting.4. Warehouse shipping, receiving, and storage.5. Welding steel and aluminum.(f) The product identifier referenced on the appropriate SDS; and(g) The work area or workplace in which the hazardous chemical is normally used, stored, or generated. A separate WCL may be compiled for separate or distinct work areas or workplaces within an establishment.(2) Filing of the Workplace Chemical List. (a) Employers shall file the WCL with the Commissioner within ninety-six (96) hours of a request for the employer's list by an authorized representative of the Commissioner.(b) The method of delivery can be through any means as long as it arrives at any area office of the Division of Occupational Safety and Health within the time frame specified in subparagraph (a) of paragraph (2).(c) Nonmanufacturing employers' lists shall contain the information required by paragraph (1) of this rule only for those hazardous chemicals used or stored in the workplace in excess of: 1. 55 gallons (208.198 liters) if such chemical is in a liquid state at standard atmospheric temperature and pressure (70° F at 14.7 psi or 21.11° C at 1.0335 kg/sq cm).2. 500 pounds (226.796 kilograms) if such chemical is in a solid state at standard atmospheric temperature and pressure (70° F at 14.7 psi or 21.11° C at 1.0335 kg/sq cm).3. If such chemical is in a gaseous state at standard atmospheric temperature and pressure (70° F at 14.7 psi or 21.11° C at 1.0335 kg/sq cm), any quantity in excess of: (i) The STEL set forth in the ACGIH table of TLVs and BEIs or the ceiling value set forth in Rule 0800-1-1-.07(2)(b) if allowed to occupy a volume of 35.31 cubic feet or one (1) cubic meter, or(ii) The TLV set forth in the ACGIH table of TLVs or the 8-hr TWA PEL set forth in Rule 0800-1-1-.07(2)(b) if allowed to occupy a volume of 35.31 cubic feet or one (1) cubic meter, or(iii) Four (4) cylinders of 239 pounds nominal water capacity if such gas is normally stored as a compressed gas in cylinders, or(iv) One-tenth (0.1) cubic foot (2831.26 cm3) of pure gas if the gas is a "flammable gas" as defined in 29 CFR 1910.1200(c).
(3) Maintenance. Employers shall maintain a copy of each WCL in the workplace to which it pertains. New and newly assigned employees shall be made aware of the WCL before being required to work in a work area containing hazardous chemicals.(5) Access. (a) A copy of each WCL filed with the Department of Labor and Workforce Development shall be available for inspection by the public during regular office hours at any area office of the Division of Occupational Safety and Health. Copies shall be made available upon payment, by check or money order payable to "Treasurer, State of Tennessee," of a copying fee established in accordance with the directives published by the Office of Open Records counsel.(b) Copies of any WCL may be obtained from the Division of Occupational Safety and Health upon written request and payment, by check or money order payable to "Treasurer, State of Tennessee," of a copying fee established in accordance with the directives published by the Office of Open Records counsel. The Department of Labor and Workforce Development shall provide such list within ten (10) business days of receipt of the written request.Tenn. Comp. R. & Regs. 0800-01-09-.11
Original rule filed September 3, 1986; effective October 18, 1986. Amendment filed November 17, 1994; effective March 30, 1995. Amendment filed September 18, 2003; effective January 28, 2004; effective 11/28/2014.Authority: T.C.A. §§ 4-3-1411 and 50-3-201.