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§ 47.41 30 CFR Ch. I (7–1–05 Edition)
Subpart E—Container Labels and (a) Identifies the container to which
Other Forms of Warning it applies,
(b) Communicates the same informa-
§ 47.41 Requirement for container la- tion as required on the label, and
bels. (c) Is readily available throughout
(a) The operator must ensure that each work shift to miners in the work
area.
each container of a hazardous chemical
has a label. If a container is tagged or § 47.44 Temporary, portable con-
marked with the appropriate informa- tainers.
tion, it is labeled.
(a) The operator does not have to
(1) The operator must replace a con-
label a temporary, portable container
tainer label immediately if it is miss-
if he or she ensures that the miner
ing or if the hazard information on the
using the portable container—
label is unreadable. (1) Knows the identity of the chem-
(2) The operator must not remove or ical, its hazards, and any protective
deface existing labels on containers of measures needed, and
hazardous chemicals. (2) Leaves the container empty at the
(b) For each hazardous chemical pro- end of the shift.
duced at the mine, the operator must (b) Otherwise, the operator must
prepare a container label and update mark the temporary, portable con-
this label with any significant, new in- tainer with at least the common name
formation about the chemical’s hazards of its contents.
within 3 months of becoming aware of
this information.
(c) For each hazardous chemical
Subpart F—Material Safety Data
brought to the mine, the operator must Sheets (MSDS)
replace an outdated label when a re- § 47.51 Requirement for an MSDS.
vised label is received from the chemi-
cal’s manufacturer or supplier. The op- Operators must have an MSDS for
erator is not responsible for an inac- each hazardous chemical which they
curate label obtained from the chemi- produce or use. The MSDS may be in
cal’s manufacturer or supplier. any medium, such as paper or elec-
tronic, that does not restrict avail-
§ 47.42 Label contents. ability.
When an operator must make a label, (a) For each hazardous chemical pro-
the label must— duced at the mine, the operator must
(a) Be prominently displayed, legible, prepare an MSDS, and update it with
accurate, and in English; significant, new information about the
chemical’s hazards or protective meas-
(b) Display appropriate hazard warn-
ures within 3 months of becoming
ings;
aware of this information.
(c) Use a chemical identity that per-
(b) For each hazardous chemical
mits cross-referencing between the list
brought to the mine, the operator must
of hazardous chemicals, a chemical’s
rely on the MSDS received from the
label, and its MSDS; and
chemical manufacturer or supplier, de-
(d) Include on labels for cutomers,
velop their own MSDS, or obtain one
the name and address of the operator
from another source.
or another responsible party who can
(c) Although the operator is not re-
provide additional information about
sponsible for an inaccurate MSDS ob-
the hazardous chemical.
tained from the chemical’s manufac-
[67 FR 42383, June 21, 2002; 67 FR 63255, Oct. turer, supplier, or other source, the op-
11, 2002] erator must—
(1) Replace an outdated MSDS upon
§ 47.43 Label alternatives. receipt of an updated revision, and
The operator may use signs, placards, (2) Obtain an accurate MSDS as soon
process sheets, batch tickets, operating as possible after becoming aware of an
procedures, or other label alternatives inaccuracy.
for individual, stationary process con- (d) The operator is not required to
tainers, provided that the alternative— prepare an MSDS for an intermediate
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Mine Safety and Health Admin., Labor § 47.55
chemical or by-product resulting from (a) Be legible, accurate, and in
mining or milling if its hazards are al- English;
ready addressed on the MSDS of the (b) Use a chemical identity that per-
source chemical. mits cross-referencing between the list
of hazardous chemicals, the chemical’s
§ 47.52 MSDS contents. label, and its MSDS; and
When an operator must prepare an (c) Contain information, or indicate
if no information is available, for the
MSDS for a hazardous chemical pro-
categories listed in Table 47.52 as fol-
duced at the mine, the MSDS must—
lows:
TABLE 47.52—CONTENTS OF MSDS
Category Requirements, descriptions, and exceptions
(1) Identity ........................... The identity of the chemical or, if the chemical is a mixture, the identities of all hazardous ingredi-
ents. See § 47.21 (Identifying hazardous chemicals).
(2) Properties ...................... The physical and chemical characteristics of the chemical, such as vapor pressure and solubility
in water.
(3) Physical ......................... The physical hazards of the chemical including the potential for fire, explosion, and reactivity.
(4) Health hazards .............. The health hazards of the chemical including—
(i) Signs and symptoms of exposure,
(ii) Any medical conditions which are generally recognized as being aggravated by exposure to
the chemical, and
(iii) The primary routes of entry for the chemical, such as lungs, stomach, or skin.
(5) Exposure limits .............. For the chemical or the ingredients of a mixture—
(i) The MSHA or OSHA permissible limit, if there is one, and
(ii) Any other exposure limit recommended by the preparer of the MSDS.
(6) Carcinogenicity .............. Whether the chemical or an ingredient in the mixture is a carcinogen or potential carcinogen. See
the sources specified in § 47.21 (Identifying hazardous chemicals).
(7) Safe use ........................ Precautions for safe handling and use including—
(i) Appropriate hygienic practices,
(ii) Protective measures during repair and maintenance of contaminated equipment, and
(iii) Procedures for clean-up of spills and leaks.
(8) Control measures .......... Generally applicable control measures such as engineering controls, work practices, and personal
protective equipment.
(9) Emergency information .. (i) Emergency medical and first-aid procedures; and
(ii) The name, address, and telephone number of the operator or other responsible party who can
provide additional information on the hazardous chemical and appropriate emergency proce-
dures.
(10) Date prepared .............. The date the MSDS was prepared or last changed.
[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]
§ 47.53 Alternative for hazardous (a) At each work area where the haz-
waste. ardous chemical is produced or used, or
If the mine produces or uses haz- (b) At an alternative location, pro-
ardous waste, the operator must pro- vided that the MSDS is readily avail-
vide potentially exposed miners and able to miners in an emergency.
designated representatives access to
available information for the haz- § 47.55 Retaining an MSDS.
ardous waste that— The operator must—
(a) Identifies its hazardous chemical (a) Retain its MSDS for as long as
components, the hazardous chemical is known to be
(b) Describes its physical or health at the mine, and
hazards, or (b) Notify miners at least 3 months
(c) Specifies appropriate protective before disposing of the MSDS.
measures.
§ 47.54 Availability of an MSDS. Subpart G [Reserved]
The operator must make MSDSs ac-
cessible to miners during each work
shift for each hazardous chemical to
which they may be exposed either—
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