Does the "Hazardous Chemical Right To Know Act" Apply to You?

Do you manufacture, process, use, store, or produce hazardous chemicals in quantities of at least 55 gallons or 500 pounds? If yes, then this state specific standard applies to you. Note: This North Carolina state specific standard applies to all industries.

The Hazardous Chemical Right To Know Act is a state statute that consists of two major parts:

  • Public Safety and Emergency Response Right to Know
  • Community Right to Know

"Public Safety and Emergency Response Right to Know" requires employers who manufacture, process, use, store or produce at least 55 gallons or 500 pounds, whichever is greater, of hazardous chemicals to compile and annually update a list of the hazardous chemicals including the identity of each such chemical and their respective quantities. A copy of this list must be provided to the local fire chief.

"Community Right to Know" permits any person in North Carolina to request a list of chemicals used or stored at a given facility. The request must be in writing and applies to employers who must compile a hazardous chemicals list and for those chemicals included on the list. In addition, an employer claiming a trade secret may withhold the identity of the chemical.

Chemical manufacturer means a manufacturing facility classified in North American Industry Classification System (NAICS) Codes 31 through 33 where chemicals are produced for use or distribution in North Carolina.

Hazardous chemical means any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined in subsection (c) of the OSHNC Standard or a hazardous substance as defined in standards adopted by the Occupational Safety and Health Division of the North Carolina Department of Labor in Title 13, Chapter 7 of the North Carolina Administrative Code (13 NCAC 7).

OSHNC standard means the current Hazard Communication standard adopted by the Occupational Safety and Health Division of North Carolina Department of Labor in Title 13, Chapter 7 of the North Carolina Administrative Code (13 NCAC 7).

This state specific rule provides the requirements pertaining to a hazardous substance list, safety data sheets, labels, emergency information, complaints, investigations and penalties, employee rights, withholding hazardous substance trade secret information, medical emergency and nonemergency situations, community information on hazardous chemicals, exemptions (i.e., farming operations, distilled spirits, tobacco, patient care medicines), preemption of local regulations, and severability. 

Reference A-Z safety and health topics pages on hazardous chemicals right to know and hazard communication.