(820 ILCS 255/3)
(from Ch. 48, par. 1403)
As used in this Act:
(a) "Chemical name" means the scientific designation of a chemical in
accordance with the nomenclature system developed by the International Union of
and Applied Chemistry (IUPAC), or the Chemical Abstracts Service (CAS) rules
of nomenclature, or a name which will clearly identify the chemical for
hazard evaluation purposes.
(b) "Department" means the Illinois Department of Labor.
(c) "Container" means any bag, barrel, box, can, cylinder, drum, pipe,
piping system or the like that contains a toxic substance.
(d) "Director" means the Director of the Illinois Department of Labor.
(e) "Employee" means any person employed by an employer on or after the
effective date of this Act, except domestic workers or casual laborers.
For purposes of this Act, any person whose employment is terminated for
any reason after the effective date of this Act is an employee.
(f) "Employer" means any individual, partnership, corporation or association
including the State and all of its political subdivisions, engaged in a
business which has 20 or more employees or 5 or more full-time employees
in the State. The term "employer" does not include an employer of domestic
workers or casual laborers employed at a place of residence. Where the employees
are present at the workplace of another employer, pursuant to an agreement
between the employers, "employer" means the employer having control of the
toxic substances in the workplace.
(g) "Employee representative" means an individual or labor organization
to whom an employee gives written authorization to exercise his or her rights
to request information under Sections 8 and 9 of this Act. A recognized
or certified collective bargaining agent of a group of employees shall be
considered to be an employee representative with respect to those employees
without written employee authorization.
(h) "Hazard Warning" means any words, pictures, symbols, or combination
thereof which convey the hazards of the toxic substances in the container.
(i) "Health professional" means a safety engineer employed by an employer
to evaluate hazards or a physician, dentist, toxicologist, registered nurse,
licensed practical nurse or industrial hygienist.
(j) "Material safety data sheet" means a document describing the properties
and methods of safe handling and use of a substance, compound or mixture.
A material safety data sheet shall contain the following information with
respect to the substance, compound or mixture unless otherwise provided by this
(1) The chemical name, common names, trade name and
the identity used on the label, except as otherwise provided by Section 13.
(2) Physical and chemical characteristics, including
vapor pressure and flash point.
(3) Physical hazards, including the potential for
fire, explosion or reactivity.
(4) Known acute and chronic health effects of
exposure, including signs and symptoms of exposure based on substantial scientific evidence. Information contained in Appendix B of the federal Occupational Safety and Health Administration's Hazard Communication Notice of Proposed Rulemaking, 47 Federal Register 12001; March 19, 1982, shall be considered scientific evidence for purposes of this paragraph.
(5) The known primary route of exposure.
(6) The permissible exposure limit for those toxic
substances for which the federal Occupational Safety and Health Administration has promulgated a permissible exposure limit.
(7) Precautions for safe handling and use.
(8) Recommended engineering controls.
(9) Recommended work practices.
(10) Recommended personal protective equipment.
(11) Emergency and first aid procedures and
procedures for cleanup of leaks or spills.
(12) The date of preparation of the material safety
data sheet and of any changes to it.
(13) The name, address and telephone number of the
employer, manufacturer, importer or supplier preparing the material safety data sheet.
(k) "Mixing/loading site" means a work area where pesticide products
are transferred to containers and combined with diluents as provided by
label instructions to form use-dilutions for application to a site for the
purpose of effecting pest control.
(l) "Mixture" means any combination of two or more substances if the
is not, in whole or part, the result of a chemical reaction.
(m) "Toxic substance" means any substance, mixture or compound containing
a substance which is determined as being hazardous as defined in 29
(n) "Trade secret" means the whole or any portion or phase of any scientific
or technical information, design, process, procedure, formula or improvement
or business plan which is secret in that it has not been published or
or otherwise become a matter of general public knowledge, and which has
competitive value. A trade secret is presumed to be secret when the owner
thereof takes reasonable measures to prevent it from becoming available
to persons other than those selected by the owner to have access thereto
for limited purposes.
(o) "Work area" means a room or defined space where toxic substances are
produced, used or stored and where employees are present.
(p) "Workplace" means an employer's usual place of business containing
one or more work areas.
(Source: P.A. 89-696, eff. 6-1-97.)