Section 205.310  Exemptions

The following materials or operations are exempt from the provisions of the Act.

a)         Use of toxic substances, compounds or mixtures regulated by The Act which are intended for personal consumption by employees in the workplace (Ill. Rev. Stat. 1985, ch. 48, par. 1406).

b)         Hazardous and special wastes as defined in Section 3 of the Environmental Protection Act, (Ill. Rev. Stat. 1985, ch. 111½, par. 1003).

c)         Employees who purchase toxic substances for use in the workplace which are in approximately the same form, volume, concentration and for the same use as commonly sold by retail outlets as consumer goods shall be exempt from the provisions of The Act as it applies to such toxic substances (Ill. Rev. Stat. 1985, ch. 48, par. 1406).

d)         Consumer goods used, stored or sold by an employer, manufacturer, importer, retailer or supplier in the same form, approximate amount, concentration and manner as they are sold to consumers, provided that employee exposure to such consumer goods is not significantly greater than consumer exposure occurring during the principal consumer uses of the consumer goods.  For purpose of this Act, "Consumer Goods" shall be defined in Section 9-109(1) of the Uniform Commercial Code (Ill. Rev. Stat. 1985, ch. 26, Par. 9109(1)).

e)         Employers who transport any substance covered by the Act or regulations thereunder, which substances are transported consistent with Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq. (1970)), with no further amendments included, shall be exempt insofar as the portion of their operations directly involved with moving said substance by rail, highway, vessel and aircraft.

f)         Any substance received by an employer in a sealed package and subsequently sold or transferred in that package, if the seal remains intact while the substance is in the employer's workplace.  The local fire department shall be notified in accordance with Section 205.300 and training must be provided to warehouse and similar employees who handle such substances to assure they know how to personally deal with a spill or other emergency involving the substance or are advised to contact a supervisor who is trained to deal with an emergency.

g)         Prescription drugs which are purchased, stored, sold, handled, prepared, packaged or distributed by pharmacists, physicians, nurses and other licensed personnel in a doctor's office or in a pharmacy, hospital, nursing home or other licensed health care facility.

h)         Toxic substances present in a concentration of less than 1%.  In the cases of carcinogens, mutagens or teratogens, only those substances shall be exempt which are present in a concentration of 0.1% or less.  No substance shall be exempt under this paragraph which is present in concentrations exceeding threshold concentrations established by regulation of the Department. (Ill. Rev. Stat. 1985, ch. 48, par. 1406).

i)          Laboratories in which a toxic substance, compound or mixture regulated by This Act is used by or under the direct supervision of a technically qualified individual, provided that the toxic substance or mixture is not produced in the laboratories for commercial sale (Ill. Rev. Stat. 1985, ch. 48, Par. 1406).

j)          All retail trade establishments as listed in the "Standard Industrial Classification Manual" Division G, Retail Trade, published by the U.S. Government Printing Office, except The Act shall apply to those retail trade establishments listed within major groups 52 – building materials, hardware, garden supply, and mobile home dealers, and 55 – automotive dealers and gasoline service stations, except for those activities involving the retail sales of gasoline motor fuels or lubricants, or if the retail trade establishments are engaged in any of the following specific activities, This Act shall apply only to the retail trade establishments' involvement in such specific activities:  paint mixing; finishing or refinishing operations using paint or paint related products; automobile battery servicing, photo finishing operations; and dry cleaning operations (Ill. Rev. Stat. 1985, ch. 48, par. 1406).

k)         Articles as defined in Section 205.200 of this Part.

(Source:  Amended at 11 Ill. Reg. 10247, effective May 18, 1987)