(a) In this subchapter:
(1) "Chemical manufacturer" means an employer with a workplace where chemicals are produced for use or distribution;
(2) "Director" means the Director of the Department of Labor or his or her designee;
(3) "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers;
(4) "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure;
(5) "Hazard Communication Standard" means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. 1910.1200, as of July 1, 1991;
(6) "Hazardous chemical" means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard;
(7) "Label" or "labeling" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals;
(8) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard;
(9) (A) "Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies.
(B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;
(10) "Public employer" means the State of Arkansas and each political subdivision thereof, as defined in § 21-5-603(b);
(11) "Trade secret" is defined in accordance with § 4-75-601(4);
(12) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where employees are present;
(13) "Workplace" means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and
(14) "Workplace chemical list" means a list of hazardous chemicals in a workplace developed pursuant to § 8-7-1007.
(b) All other definitions of the Hazard Communication Standard as they exist on the date of enactment of this subchapter are hereby adopted and incorporated by reference.
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