§ 28-21-2. Definitions.
For the purpose of this chapter, the terms defined in this section have the following
meanings. Where terms are not defined, the ordinarily accepted meanings within the
proper context apply:
(1) "Chemical name� means the scientific designation of a substance in accordance with
the nomenclature system developed by the International Union of Pure and Applied Chemistry
or the Chemical Abstract Service Rules of Nomenclature.
(2) "Common name� means any designation or identification, such as trade name or number
or code name or brand name, used by the employer to identify a substance other than
by its chemical name.
(3) "Designated substance� means any substance contained within the list of toxic or hazardous
substances covered by this chapter provided they are in quantities exceeding two gallons
(2 gals.) or 10 pounds (10 lbs.) of the substance within the workplace, except in
the case of carcinogens, mutagen, or teratogen which shall be reported if the concentration
is equal to or greater than one part of the substance per ten thousand (10,000) by
volume, and provided further that nothing contained in this definition precludes the
director of labor and training from establishing more stringent standards pursuant
to rules and regulations in conformity with the administrative procedures act, chapter 35 of title 42.
(4) "Employee� means a person who is:
(i) A current employee;
(ii) A former employee whose physician has reason to believe that an illness or injury
may be related to former employment;
(iii) An employee assigned or transferred to work where there will be exposure to designated
substances; or
(iv) Any worker who may be exposed under normal conditions of use or foreseeable emergency
to designated substances; and
(v) Includes employees of the state or one of its political subdivisions.
(5) "Employee representative� means any attorney, physician, or employee organization
that represents an employee or employees in a company.
(6) "Employer� includes an individual, partners, associations, corporations, business
trusts, or any persons or group of persons acting directly or indirectly in the interest
of an employer in relation to an employee.
(7) "Expose� or "exposure� means any situation arising from work operation where an employee
may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact
with a designated substance. The contact shall not be deemed to constitute exposure
if the designated substance present is in a physical state, volume, or concentration
for which there is no valid and substantial evidence that any adverse acute or chronic
risk to human health may occur from the contact.
(8) "Hazardous substance� is any chemical substance listed in the latest edition of the
chemical data section of the "Fire Protection Guide on Hazardous Materials� as published
by the National Fire Protection Association.
(9) "Immediate use� means the hazardous substance will be under the control of and used
only by the person who transfers it from a labeled container and only within the work
shift in which it is transferred.
(10) "Mixture� means any solution or intimate admixture of two (2) or more substances that
do not react chemically with each other.
(11) "Substance� means any element, entity, compound, combination, or any mixture thereof
whether organic or inorganic.
(12) "To store� means to deposit or place a substance in a locale for a period of forty-eight
(48) hours or more.
(13) "Toxic substance� is any chemical substance listed in the latest edition of "Threshold
Limit Value for Chemical Substance in the Work Environment� as published by the American
Conference of Governmental and Industrial Hygienists and the list of carcinogens as
published by the International Agency for Research on Cancer.
(14) "Work area� means any room or defined space, whether within or outside of a building
or other structure, where toxic or hazardous substances are present.
(15) "Workplace� means an establishment or business at one geographic location containing
one or more work areas.