Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||CPL 02-02-038|
| Old Directive Number:||CPL 2-2.38D|
| Title:||Inspection Procedures for the Hazard Communication Standard|
| Information Date:||03/20/1998|
| Standard Number:||1910.1200|
|DIRECTIVE NUMBER: CPL 2-2.38D||EFFECTIVE DATE: March 20, 1998|
|SUBJECT: Inspection Procedures for the Hazard Communication Standard, 29 CFR 1910.1200, 1915.99, 1917.28, 1918.90, 1926.59, and 1928.21|
|Purpose:||This instruction establishes policies and provides clarifications to ensure uniform enforcement of the Hazard Communication Standard (HCS).|
|Scope:||This instruction applies OSHA-wide.|
|References:||OSHA Instruction CPL 2.111, Citation Policy for Paperwork and
Program Requirement Violations.
OSHA Instruction CPL 2-2.43A, Chemical Information Manual - Refer to the
OCIS Chemical Information Database.
OSHA Instruction STP 2-1.117, State Standards.
Hazard Communication Standard (HCS), 29 CFR 1910.1200.
|Cancellations:||OSHA Instruction CPL 2-2.38C, October 22, 1990.|
|State Impact:||This instruction describes a Federal Program change for which State adoption is not required. See paragraph I.|
|Action:||OSHA Regional Administrators and Area Directors shall use the guidelines in this instruction to ensure uniform enforcement of the HCS.|
|Originating Office:||Office of Health Compliance Assistance, Directorate of Compliance Programs (DCP).|
|Contact:||OSHA, DCP, Office of Health Compliance Assistance
200 Constitution Avenue, NW, Room N3467
Washington, DC 20210
By and Under the Authority of
Charles N. Jeffress
PURPOSE, Paragraph (a)
SCOPE AND APPLICATION, Paragraph (b)
Wood and wood products
Particulates not otherwise regulated (PNOR)
DEFINITIONS, Paragraph (c)
HAZARD DETERMINATION, Paragraph (d)
WRITTEN HAZARD COMMUNICATION PROGRAM, Paragraph (e)
LABELS AND OTHER FORMS OF WARNING, Paragraph (f)
MATERIAL SAFETY DATA SHEETS, Paragraph (g)
EMPLOYEE INFORMATION AND TRAINING, Paragraph (h)
TRADE SECRETS, Paragraph (i)
Documentation. In addition to those items required by the FIRM, when citations are recommended, the CSHO shall document the following on the OSHA-1B or, as appropriate, elsewhere in the case file:
(1) The above instruction regarding consumer products cancels and supersedes the Agency's March 21, 1995, compliance instruction to OSHA Regional Administrators entitled, "HCS: Documentation of Citations Related to the Exposure to Hazardous Substances and Consumer Products." This document is included as Appendix A of OSHA Instruction CPL 2.111.
(2) Where employees are exposed or potentially exposed to a hazardous chemical and labeling, MSDS, chemical inventory, and training requirements are met, but there is no written plan, violations of 1910.1200(e) shall be noted as De Minimis and no citations shall be issued.
(3) On multi-employer worksites (MEW), the CSHO's should refer to enforcement policies for MEW in the FIRM. Employers on such sites who do not use hazardous chemicals but whose employees are exposed to the chemicals used by other employers are required to have a program and train their employees on the hazards of the chemicals in the work areas. If an employer fails to comply with this, the employer should be cited for paragraphs (e)(1) and appropriate sections of (h). Paragraph (e)(2) is used to cite employers on MEW who have a program but have failed to include the methods to be used to provide other employers on-site access to MSDSs, labeling systems used in the workplace, or to explain the precautionary measures which need to be taken to protect other employees on the worksite.
(1) Employers are not to be held responsible for inaccurate information on the MSDS/label which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer, or distributor.
(2) CSHOs shall take copies of any MSDS/label with inaccurate or deficient information back to the Area Office for referral to the appropriate State Plan State or Area Office.
(3) The Area Office within whose jurisdiction the upstream supplier or manufacturer is located shall then ensure that referral procedures outlined herein are followed. State Plan States shall follow referral procedures as required by the State.
(4) The Area Office or State Plan State to which the referral was made shall notify the referring office of the outcome of the referral.
(5) Area Offices should expect to receive requests from employers to assist them in obtaining MSDSs or labels in situations when an inspection has not been conducted. If the Area Director determines that the employer has tried to obtain the information, and has not been able to do so, a letter and/or telephone call from the Area Office to the supplier or manufacturer is the appropriate action in this situation.
(6) In the event that the CSHO needs MSDS information quickly as part of a current inspection, he/she may contact the manufacturer directly prior to making the referral to the AO in whose jurisdiction the manufacturer is located.
(7) Referral Procedures for Distributors. When a distributor has not received an MSDS from the supplier, the CSHO shall recommend that the distributor write to the chemical manufacturer or supplier of the chemical. If the distributor fails to receive the MSDS within a reasonable period of time, for example, five working days, the Area Director shall follow the referral procedures outlined herein.
(1) If a citation is issued to the employer for lack of an MSDS/label and the employer has failed to document that a good faith effort has been made to obtain them, CSHOs shall recommend that the employer write to both the supplier (distributor) and to the manufacturer for the MSDS or label.
(1) For example, if an employer on a multi-employer worksite brings hazardous chemicals onto that site and fails to inform other employers about the presence of those chemicals and/or the availability of the MSDS(s), that employer shall be cited for violation of (g)(8) grouped with (e)(2)(i).
(2) Controlling Employer. If the employer uses a general contractor or other employer as an intermediary for storage of the MSDS(s), and that intermediate employer has agreed to hold and provide ready access to the MSDS(s), then the intermediate employer becomes the controlling employer, and is responsible for ensuring the availability of the MSDS(s).
(3) The controlling employer (e.g., general contractor) shall, therefore, normally be cited for violation of (g)(8) if the MSDS(s) are not available; however:
(4) If the MSDS(s) are not available because the subcontractor failed to make them readily accessible, then the subcontractor shall be cited for violation of (g)(8).
(1) As stipulated in the standard, OSHA should receive from the referring health professional, employee, or designated representative a copy of the written request for the trade secret information, as well as a copy of the written denial provided by the holder of the trade secret. These two written documents shall be reviewed by the Area Director to determine the validity of the request and the trade secret claim. The Regional Solicitor may be consulted to provide assistance in this regard.
(a) If the Area Director does not believe that there is enough information upon which to base a decision, he/she may contact either the trade secret requester or the trade secret holder for further information. Such requests shall be documented in the case file.
"Material safety data sheets and paragraph (c)(5)(iv) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name or trade name, if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years."
This appendix includes clarifications and interpretations which answer the most frequently asked questions regarding the HCS. Clarifications are keyed to the most applicable paragraph of the HCS.
PURPOSE, Paragraph (a)
The Agency's position regarding State standards has been described in OSHA Instruction STP 2-1.117. This should be consulted when answering questions regarding State standards.
SCOPE AND APPLICATION, Paragraph (b)
The terminology "exposed under normal conditions of use or in a foreseeable emergency" excludes substances for which the hazardous chemical is inextricably bound or is not readily available, and, therefore, presents no potential for exposure. ("Exposure" includes accidental or possible exposure, see definition under paragraph (c) of the standard). Further, employees such as office workers or bank tellers who encounter chemicals only in "non-routine," isolated instances are not covered. However, an employee in a graphic arts department who "routinely" uses paints, adhesives, etc., would be covered by the HCS.
OSHA does not consider either radiation hazards or biological hazards to be covered by the HCS. If, however, the radiological or biological agent is accompanied by an otherwise covered hazardous chemical, (e.g., a container with a biological sample packed in an organic solvent), then the container would be subject to the requirements of the HCS for the hazardous chemical only.
(b)(3) The coverage of laboratories is limited under the HCS, and includes quality control laboratories, laboratories whose function is to produce commercial quantities of materials, and all laboratories connected with production processes. The CSHOs may want to refer to 29 CFR 1910.1450, Occupational Exposure to Hazardous Chemicals in Laboratories (the Lab Standard). The operating definition of a laboratory is not the same for both standards. The Lab Standard covers only laboratories meeting the criteria of "laboratory use" and "laboratory scale" and excludes procedures that are part of a production process (55 F.R. 3328). The preamble to 29 CFR 1910.1450 states "...most quality control laboratories are not expected to meet the qualification for coverage under the Laboratory Standard. Quality control laboratories are usually adjuncts of production operations..." (55 F.R. 3312). Quality control laboratories would, therefore, generally be covered by the HCS.
Laboratories covered under the HCS do not have to have a written hazard communication program. Therefore, when the required training is performed, employees would be informed that written programs are not required for laboratories.
Paragraph (b)(3)(iii) was revised to clarify the intent of the standard. Employers are required to provide laboratory employees with information and training as outlined in paragraph (h). Merely providing MSDSs to employees is not considered training for purposes of the standard.
Paragraph (b)(3)(iv) was added to cover laboratory employers who ship hazardous chemicals. A laboratory shipping hazardous chemicals is considered a chemical manufacturer and must meet the hazard evaluation requirements of paragraph (d), the labeling requirements of (f)(1) and MSDS requirements of (g)(6) and (g)(7). In the event that the shipment is of a newly developed chemical, OSHA would expect the laboratory to provide all available information on that chemical. As stated in the preamble, "the HCS is based upon currently available information. If a new chemical is developed, and has not been tested to determine its hazardous effects, then there is no information to transmit. The rule does not require testing of chemicals to be performed."
Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, and thus the sample would come under the portable container exemption. A hand-written label may be utilized as long as the required label information is present. The rack in which samples are placed could be labeled in lieu of labeling individual samples if the contents and hazards are similar.
(b)(4) Since all containers are subject to leakage and breakage, employees who work in operations where they handle only sealed containers (such as warehousing) are potentially exposed to hazardous chemicals, and, therefore, need access to information as well as training. The training required for employees who handle sealed containers is dependent upon the type of chemicals involved, the potential size of any spills or leaks, the type of work performed and what actions employees are expected to take when a spill or leak occurs.
(b)(5) The exemptions described under this paragraph apply to labeling requirements only and are not intended to provide a complete exemption from the standard.
(b)(6) This paragraph totally exempts certain categories of substances from coverage under the HCS.
Consumer Products - Ordinarily, OSHA will not cite for employee use of consumer products. A substance is considered a consumer product if it is 1) defined as such under the Consumer Products Safety Act, 2) used in the workplace as intended by the manufacturer and 3) used with the same frequency and duration of exposure expected of a typical consumer. The CSHO must consider whether use of consumer products in the workplace greatly exceeds normal conditions of use or if the use is different than originally intended for the product. As an example, windshield wiper fluid, which contains methanol, is meant to be used in a closed system and sprayed onto the windshield for cleaning. An employee using windshield-wiper fluid on a daily basis to clean windows or other glass surfaces would be covered by the standard, as use of this fluid differs from the intended purpose, and the frequency and duration of exposure is significantly greater than that of a normal consumer. (See paragraph A.2.a. for guidelines.)
Articles - By definition, a manufactured item is exempted as an article if "under normal conditions of use it does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical...and does not pose a physical hazard or health risk to employees." (See paragraph (d)(5) of this appendix for a discussion regarding the terms "health risk" versus " health hazard.") An item may appear to meet the definition of an "article," but produces a hazardous by-product during normal processing. If the cutting, burning, heating, or otherwise processing the article results in employee exposure to a hazardous chemical but such processes are not considered part of its normal conditions of use, the item would be an "article" under the standard, and thus be exempted.
Absent evidence that releases of "very small quantities" could cause health effects in employees, the article exemption would apply. The following items are examples of articles:
The following items are examples of products which would NOT be considered "articles" under the standard, and would thus not be exempted from the requirements:
Conditions of use.
Bricks for use in construction operations, since, under normal condition of use, bricks may be dry cut, drilled, or sawed, and the clay slurry of wet cutting (when dried) releases dust that contains crystalline silica.
Switches with mercury in them that are installed in a maintenance process when it is known that a certain percent break under normal conditions of use.
Lead acid batteries which have the potential to leak, spill or break during normal conditions of use, including foreseeable emergencies. In addition, lead acid batteries have the potential to emit hydrogen which may result in a fire or explosion upon ignition.
CSHOs have to consider the hazardous chemical in the item. The only information that has to be reported in these situations is that which concerns the hazard of the released chemical. Hazardous chemicals which are still bound in the article would continue to be exempted under the "article" exemption.
Wood and wood products - The wood and wood products exemption was never intended by OSHA to exclude wood dust from coverage. This has been clarified in the final rule published February 9, 1994. (See Federal Register, Vol. 59, page 6145.) As stated in the preamble, "Wood dust does not share solid wood products' 'self-evident' hazard characteristics that supported the exemption....The potential for exposure to wood dust within the workplace, especially with regard to respirable particles, is not self-evident, nor are its hazards through inhalation so well-known that hazard communication programs are unnecessary." The permissible exposure limits for wood dust must be included on the MSDS, which will generally be developed by the sawmill (or the first employer which handles or processes the raw material in such a way that the hazardous chemical is "produced" and released into the work environment). Further, any chemical additives present in the wood which present a health hazard must also be included on the MSDS and/or label as appropriate.
Particulates not otherwise regulated (PNOR) - Particulates not otherwise regulated are exempt unless evidence exists that they present a health or physical hazard. For these chemicals, the "PNOR" PEL must be included on the MSDSs.
DEFINITIONS, Paragraph (c)
The definitions of the HCS must be consulted to properly interpret and apply the standard.
Article. The definition has been amended to permit the release of "very small quantities, e.g., minute or trace amounts" of a hazardous chemical and still qualify as an article provided that a physical or health risk is not posed to the employees (59 F.R. 6146). In evaluating an article, one must consider the health risk which exposure to that article presents. (The term "risk" as opposed to "hazard" is used here, since the hazard is an inherent property of the chemical and exists no matter the quantity of exposure. To be exempted as an article, exposure must not pose a risk to employee health.)
Chemical. The standard's definition of "chemical" is much broader than that which is commonly used. Thus, steel coils which are cut and processed, castings which are subsequently ground or welded upon, bricks that are dry sawed or drilled, carbide blades which are sharpened, are all examples of products which contain chemicals which, if available for exposure, are covered by the HCS.
Chemical Manufacturer. Based on this definition and that of its related terms, an employer that manufactures, processes, formulates, or repackages a hazardous chemical is considered a "chemical manufacturer." This includes those companies which blend or mix chemicals. Such companies can comply with the standard by transmitting the relevant label/MSDS for the components of their mixture (which they, in turn, received in good faith from their suppliers) to their downstream customers. Oil and gas producers are considered chemical manufacturers because they process hazardous chemicals for use or distribution.
Container. This definition includes tank trucks and rail cars. A room or an open area is not to be considered a container and, therefore, a hazardous chemical such as wood dust on the floor of a workplace, or a pile of sand at a construction site, would not have to be labeled. Since only "containers" need to be labeled under the HCS, if there is no container, there is no requirement to label.
Bricks that are palletized and bound by metal bands are considered to be containers that are to be tagged with an appropriate label.
The standard requires all containers of hazardous chemicals leaving the workplace to be labeled with the required information. Even very small containers must be tagged or marked in a fashion that fulfills the intent of the standard.
Distributor. A distributor who blends, mixes, or otherwise changes the composition of a chemical is considered a chemical manufacturer under the HCS. Employees in these operations are considered to use hazardous chemicals. Under these conditions, the distributor will not be able to claim the sealed container provision in paragraph (b)(4) and will need to meet all applicable provisions of the HCS (including hazard determinations, MSDSs, labeling, training, and a written program).
Employee. Employees, such as office workers or bank tellers who encounter hazardous chemicals only in non-routine, isolated instances are not covered. For example, an office worker who occasionally changes the toner in a copying machine would not be covered by the standard. However, an employee who operates a copying machine as part of her/his work duties would be covered by the provisions of the HCS.
Employer. An employer who brings hazardous chemicals into the country for use in their own workplace, becomes an importer and is, therefore, responsible for conducting a hazard determination of the chemical, producing the MSDS, ensuring appropriate labeling, and all other applicable provisions of the standard.
Exposure. It is important to note for purposes of chemical manufacturers' hazard determinations and downstream use by employees, that "exposure" includes any route of entry (such as inhalation, ingestion, skin contact or absorption) and potential exposure, including exposure that could result in the event of a foreseeable emergency.
Foreseeable emergency. Foreseeable emergency does not include employee exposures in the event of an accidental fire, but does include equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release.
Hazardous chemicals. Hazardous chemicals, as defined by the HCS, which are grown, cultivated, or harvested (such as cotton, lumber, and grain) are covered by the HCS at the first point of processing or manufacture. The first employer meeting the definition of a "chemical manufacturer" will be responsible for performing the hazard determination, developing or obtaining the MSDSs, and labeling containers of the hazardous chemicals. For example, saw mills are considered to be the "chemical manufacturer" since they are the first employers who process the product. A saw mill processes timber into lumber thereby creating wood dust, which is a hazardous chemical under the HCS. Grain elevators also meet the definition of a "chemical manufacturer" since they treat, dry, and move grain, creating grain dust, a hazardous chemical under the standard.
Hazard Warning. The definition has been amended to include target organ effects on labels in order to convey the specific physical and health hazards of a chemical.
Produce. The definition of "produce" has been expanded and now includes blend, extract, generate, and emit in addition to manufacture, process, formulate, and repackage. This would include the extraction of naturally occurring substances, such as clay and stone which contain crystalline silica.
HAZARD DETERMINATION, Paragraph (d)
(d)(1) Although the chemical manufacturer and the importer have the primary duty for hazard evaluation, some employers may choose to do their own evaluations. Whoever does the evaluation is responsible for the accuracy of the information. The evaluation must assess the hazards associated with the chemicals including hazards related to any anticipated or known use which may result in worker exposure.
An employer may rely upon the hazard determination performed by the chemical manufacturer. Normally, the chemical manufacturer possesses knowledge of hazardous intermediates, by-products, and decomposition products that can be emitted by their product.
(d)(2) The preparer of the MSDS/label is required to consider all available scientific evidence concerning the hazard(s) of a chemical in addition to consulting the floor of reference sources listed in paragraph (d)(3), which establishes which chemicals are hazardous under the standard. (See Appendix C of this instruction for further guidance on evaluating health effects.) No testing of chemicals to determine hazards is required; the evaluation may be based on information currently available in chemical/scientific literature.
Any substance which is inextricably bound in a product is not covered under the HCS. For example, a hazard determination for a product containing crystalline silica may reveal that it is bound in a rubber elastomer and under normal conditions of use or during foreseeable emergencies cannot become airborne and, therefore, cannot present an inhalation hazard. In such a situation, the crystalline silica need not be indicated as a hazardous ingredient since it cannot result in employee exposure.
(d)(3) Any chemical regulated in part 1910, Subpart Z, including those listed in the Z Tables or for which there is a TLV in the latest edition of the ACGIH, Threshold Limit Values listing, is considered to be part of the floor of hazardous chemicals covered by the standard.
(d)(4) A chemical manufacturer/importer has the option of reporting negative findings regarding carcinogenicity, but is required to report any positive findings of NTP and/or IARC on the MSDS. It should be noted that negative evidence generated by a producer does not nullify the positive finding by IARC or NTP.
Positive findings of carcinogenicity by the International Agency for Research on Cancer (IARC) must be reported under the HCS. The IARC Monograph 33 concludes that there is sufficient evidence to indicate that mildly hydrotreated and mildly solvent refined oils are carcinogenic. Therefore, under the requirements of the HCS, producers of such materials must report such findings on the MSDS for the substance and include appropriate hazard warnings on labels.
IARC also stated that there is inadequate evidence to conclude that severely hydrotreated oils are carcinogenic, and that there is no evidence to indicate that severely solvent-refined oils are carcinogenic. In the absence of any valid, positive evidence from sources other than IARC regarding the carcinogenicity of severely hydrotreated or severely solvent-refined oils, no reference to carcinogenicity need be included on the MSDS and label for such materials. IARC has also concluded that when an oil is refined using sequential processing of mild hydrotreatment and mild solvent refining, there is no evidence of carcinogenicity.
The questions posed to OSHA concerned the process parameters used for mild hydrotreatment. OSHA examined the studies upon which IARC based its positive findings and concluded that any oil will be considered to be mildly hydrotreated if the hydrotreatment process was conducted using pressure of 800 pounds per square inch or less, and temperatures of 800 degrees Fahrenheit or less, independent of other process parameters. If the oil is produced within these parameters, it must be considered to be potentially carcinogenic under the requirements of the HCS.
(d)(5) While the HCS does not require testing of chemicals to determine their individual hazards, this is allowed and some preparers of MSDSs may choose this option. If a chemical manufacturer chooses to test a mixture as a whole, a full range of tests would have to be performed, including tests to determine health risks and physical hazards. Another accepted approach to hazard determinations is for the manufacturer to test certain properties of a chemical and to rely on the literature for others.
The language in paragraph (d)(5)(iv) was amended in the February 9, 1994, Final Rule. The new language indicates that the manufacturer must consider the health risk to downstream users when components of a mixture could be released. The previous language, used the term "hazard". This language was changed since a hazard is an inherent property of the chemical, and exists no matter what quantity of the chemical is present. Health risk is a function of the inherent hazard and the exposure level. In accordance with scientific principles, concentrations which pose a health risk are always covered by HCS even though the concentrations in the mixture may be below the cut-off levels.
(d)(6) Employers who are not planning to evaluate the hazards of chemicals they purchase can satisfy the requirements for written hazard evaluation procedures by stating in their written program that they intend to rely on the evaluations of the chemical manufacturer or importer.
WRITTEN HAZARD COMMUNICATION PROGRAM, Paragraph (e)
(e)(1) All employers with employees who are, or may be, exposed to hazardous chemicals known to be present in their workplaces, must develop, implement, and maintain at each workplace a written hazard communication program. Programs must be developed whether the employer generates the hazard or the hazard is generated by other employers.
(e)(2) Multi-employer worksites are those establishments where employees of more than one employer are performing work. The MSDS information exchange or access requirements pertain to employers who introduce hazardous chemicals into the worksite and expose another employer's employees.
(e)(4) Paragraph (e)(4) requires employers to make the written program available upon request to employees, OSHA and NIOSH, in accordance with the requirements of 29 CFR 1910.1020(e). This requirement means that the employer must provide a copy of the written program within the time periods discussed in 1910.1020 (i.e., no later than 15 working days after the request for access is made).
LABELS AND OTHER FORMS OF WARNING, Paragraph (f)
(f)(1) Labels provide an immediate warning of the hazards to which employees may be exposed and also provide a link to other sources of more detailed information. Labels must contain the identity of the chemical, the name and address of the responsible party, and appropriate hazard warnings. The standard's definition of hazard warning has been amended to specifically include target organ effects: "any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical or health hazard(s), including target organ effects, of the chemical(s) in the container(s)." Appendix A of the HCS clearly states that employees exposed to health hazards must be apprised of both changes in body functions and the signs and symptoms that may occur to signal those changes.
The label is intended to be an immediate visual reminder of the hazards of a chemical. It is not necessary, however, that every hazard presented by a chemical be listed on the label. The data sheet is used for this purpose. Manufacturers, importers, and distributors will have to assess the evidence regarding the product's hazards and must consider exposures under normal conditions of use or in foreseeable emergencies when evaluating what hazards shall be put on the label. This is not to say that only acute hazards are to be listed on the label, or that well-substantiated hazards should be left off the label because they appear on the data sheet.
As an example of the above, IARC published Monograph No. 44, entitled, "Alcohol Drinking," in which the carcinogenicity of ethanol was determined based on chronic exposure to ethanol through human consumption. Manufacturers and importers must consider this information in performing the hazard determination of a product which contains ethanol. The MSDS would have to list ethanol as a hazardous ingredient along with the findings published in the IARC monograph. However, under normal conditions of use or in a foreseeable emergency, ingestion should not be a route of exposure; therefore, the product would not be listed as a carcinogen on the label.
The Agency believes that the American National Standards Institute's (ANSI) Standard Z129.1 - 1994 provides much useful information for employers regarding product labels and will generally be very helpful in complying with the HCS. The Agency has one concern, however, regarding ANSI's health hazard evaluation process. The ANSI standard states that labeling recommendations are not based only on the inherent properties of the chemical, but are directed to the avoidance of hazardous exposures resulting from customary and reasonably foreseeable occupational use, misuse, handling, and storage.
The Agency has stated from the outset that the HCS is based on the premise that chemicals have inherent characteristics that pose potential hazards, and workers have the right to know what those potential hazards are.
Exposure calculations are not permitted in determining whether a hazard must appear on a label. If there is a potential for exposure other than in minute, trace or very small quantities, a hazard warning must be included when substantiated. Chemical manufacturers, distributors, or importers may not exclude hazards based on presumed or perceived levels of exposure downstream (i.e., omitting a carcinogenic hazard warning because, in the supplier's estimate, presumed exposures will not be high enough to cause the effect). Exposure determines the degree of risk and should be addressed in training programs by the downstream employer.
In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading. A label may not be shipped separately, even prior to shipment of the hazardous chemical, since to do so defeats the purpose of providing an immediate hazard warning. Mailing labels directly to purchasers by-passes employees involved in transporting and handling the hazardous chemical. (Note the exemption in (f)(2) for solid metals, plastic items, shipments of whole grain, and untreated lumber.)
Labeling requirements apply for shipped containers leaving the workplace regardless of whether the intended destination is interstate or intrastate. Sealed containers intended for export must comply with the labeling provisions if these containers leave the workplace and if downstream employees, such as dock workers, may be exposed to the hazardous chemical(s).
(f)(2) Solid metal, solid (untreated) wood, plastic items, and shipments of whole grain do not result in an exposure or potential exposure to employees during shipment. Therefore, labels for such items may be transmitted with the initial shipment itself or with the MSDS that is to be provided prior to or at the time of the first shipment, and need not be included with subsequent shipments unless the information changes. This applies only to solid materials which would not fall under the article exemption due to downstream use. Chemicals shipped with these materials remain covered by all labeling provisions of the standard. For example, treated lumber is covered since the lumber is not completely cured at the time of shipment and the hazardous chemical will, to a varying degree, offgas during shipment and be available for exposure to employees.
(f)(5) An employer's obligation to label in-plant containers and of hazardous chemicals requires that appropriate hazard (f)(6) warnings appear on the label pursuant to (f)(5)(ii). Alternatively, an employer may provide general information regarding the hazards of chemicals, as long as other information required by the HCS is immediately available to employees.
Employers using alternative labeling systems must ensure that their employees are aware of all information required to be conveyed under the HCS. OSHA will make a plant-specific determination of the effectiveness of the complete program when an inspection is conducted. Any employer who relies on one of these types of alternative labeling systems, instead of using labels containing complete health effects information will - in any enforcement action alleging the inadequacy of the labeling system - bear the burden of establishing that it has achieved a level of employee awareness which equals or exceeds that which would have been achieved if the employer had used labels containing complete health effects information (59 F.R. 6156).
The key to evaluating the effectiveness of any alternative labeling method is to determine whether employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings. The alternative labeling system must also be readily accessible to all employees in their work area throughout each work shift. For purposes of this provision, the term "other such written materials" does not include material safety data sheets used in lieu of labels.
CARCINOGEN LABELING (Subpart Z)
The labeling provisions of OSHA's comprehensive substance specific standards (Subpart Z of 1910) contain requirements which may pre-empt HCS labeling provisions. Therefore, containers of hazardous chemicals labeled in accordance with the substance- specific standard will be deemed to be in compliance with the health effects labeling requirements of the standard.
Those chemicals identified as being "known to be carcinogenic" and those substances that may "reasonably be anticipated to be carcinogenic" by NTP must have carcinogen warnings on the label and information on the MSDS. Appearing on NTP's annual list constitutes a positive finding of suspect or confirmed carcinogenicity.
IARC evaluates chemicals, manufacturing processes, and occupational exposures as to their carcinogenic potential. The IARC criteria for judging the adequacy of available data and for evaluating carcinogenic risk to humans were established in 1971 (Volumes 1-16) and revised in 1977 (Volumes 17 and following).
IARC monographs contain evaluations on specific chemicals or processes. At the conclusion of each evaluation, IARC provides a summary evaluation. Periodically, IARC publishes supplements in which chemicals that have already been evaluated in previous monographs are re-evaluated. In cases where a chemical has been re-evaluated, the most recent IARC evaluation shall be relied upon.
IARC provides a summary in Supplement 7 of the chemicals which have been evaluated in Volumes 1-42. Table I of Supplement 7 provides a summary evaluation of all chemicals for which human and animal data were considered. Table I of Supplement 7 also provides a summary classification of a chemical's carcinogenic risk:
Group 2A - The agent is probably carcinogenic to humans.
Group 2B - The agent is possibly carcinogenic to humans.
Group 3 - The agent is not classifiable as to its carcinogenicity to humans.
Group 4 - The agent is probably not carcinogenic to humans.
All IARC listed chemicals in Groups 1 and 2A must include appropriate entries on both the MSDSs and on the label. Group 2B chemicals need be noted only on the MSDS.
Individual monographs have been published subsequent to Supplement 7. For purposes of compliance with the MSDS and labeling requirements, the IARC monograph's summary evaluation for the chemical can generally be relied upon but it may be necessary to review the evaluations. In some cases, a group of compounds may be listed in the summary as carcinogenic but closer examination of the appropriate monograph will reveal that IARC had data to support the carcinogenicity of only certain compounds. Those compounds are the only ones covered by the HCS. IARC also evaluates specific industrial processes or occupations for evidence of increased carcinogenicity. Findings that an occupation is at increased risk of carcinogenicity, without identification of specific causative agents, do not affect label or MSDS requirements.
Table A1, below, represents a general guide regarding the labeling and MSDS requirements under the HCS. The existence of positive human evidence of carcinogenicity always requires carcinogen warnings on the label. In addition, the existence of one valid, positive study indicating carcinogenic potential in either animals or humans is sufficient basis for a notation on the MSDS.
Given the above criteria, benzene, which is regulated by OSHA as a carcinogen and for which several valid, positive human studies exist, would require carcinogen hazard warnings on both the MSDS and the label. Polyvinyl chloride resin must be labeled as a carcinogen but final molded and extruded products do not need to be (as per 29 CFR 1910.1017).
(f)(11) A stay-of-enforcement has been placed on the requirement for revision of container labels within three months of becoming aware of significant hazard information. OSHA will alert the regulated community at the time that the stay is lifted.
MATERIAL SAFETY DATA SHEETS, Paragraph (g)
(g)(1) Chemical manufacturers/importers who choose to purchase data sheets for their products through information services (or sources such as, but not limited to, Internet providers or MSDS repositories) rather than developing the MSDSs themselves, retain responsibility for the downstream flow of information and for assuring MSDS accuracy. Distributors and employers who in good faith choose to rely upon the sheets provided to them by the chemical manufacturer/importer assume no responsibility for the content and accuracy of the MSDSs.
Even though solid metals, wood, plastic items and whole grains are covered differently under the labeling requirements, the full MSDS requirements pertain to these items.
Chemical manufacturers and importers are not required to provide MSDSs for chemicals or articles which are not covered under HCS. If the chemical manufacturer/ importer chooses to provide an MSDS for a non-covered chemical as a customer service, it should be noted on the sheet that the chemical or article has been found by the company not to be covered by the rule. For example:
Distributors and employers are not required to maintain MSDSs for chemicals not covered by the HCS. No MSDS shall indicate that OSHA has made any findings for a product since the Agency does not make case-by-case hazard determinations.
Scrap dealers are generally considered distributors and, since their products are not articles, would NOT be exempt from the HCS. If their suppliers are furnishing articles which they did not manufacture, (such as a broken refrigerator), the supplier is not required to provide a label or MSDS. However, if their suppliers added hazardous chemicals to the article, as would be the case if an employer scraps pipes containing a hazardous chemical or its residue, the supplier must provide a label and MSDSs to the scrap dealer. Similarly, manufacturers are also required to pass on any information they have regarding known contaminants of the scrap, as would be the case if cutting fluids were present. In addition, "article" manufacturers that sell for scrap those produced items that fail specification or suppliers who provide, for example, metal tailings from a manufacturing process, are considered by OSHA to have the required knowledge of the item's constituents and must develop and transmit MSDSs and labels to downstream scrap dealers.
Generally, the only requirement that the HCS places on non-manufacturing scrap dealers is that they send their downstream users those labels and MSDSs received from employers who have scrapped the materials.
(g)(2) Information provided on MSDSs must be accurate. The safety and health precautions must be consistent with the hazards of the chemical.
MSDSs must be in English. This requirement was included to prevent importers of chemicals from supplying MSDSs in a foreign language. This requirement, however, does not prevent a chemical manufacturer/employer from translating MSDSs from English into foreign languages, in order to assist non-English speaking employees with training comprehension and hazard recognition.
If a hazardous chemical is present in the mixture in reportable quantities (i.e., 0.1 percent for carcinogens, and 1 percent for other health hazards), it must be reported on the MSDS unless the mixture has been tested as a whole or unless the material is bound in such a way that employees cannot be exposed. For example, if crystalline silica is present in a wet mixture, it is possible that when the mixture dries, there is a potential for the silica to become airborne, and thus create a potential for exposure. In this case, the presence of silica must be indicated on the MSDS for the liquid mixture.
Mixtures, which have not been tested as a whole, are assumed to have
hazards as each of its hazardous components. The data sheets for each
may satisfy the requirements of the standard. These MSDSs must be
attached to one another and identified in a manner where they can be
cross-referenced with the label. Alternatively, the manufacturer or
distributor of the
mixture may create a distinct MSDS which lists the individual chemical
the mixture and their associated hazards.
If the components of a mixture could be released in concentrations which would exceed an OSHA PEL, an ACGIH TLV, or could present a health risk to employees, information on these components must be included on the MSDS regardless if their final concentration in the mixture is less than 1% (or 0.1% for carcinogens). For instance, TDI is a sensitizer at very small concentrations and despite its low concentration in a mixture, can be offgassed in quantities which may present a health risk that must be noted on the MSDS.
MSDSs do not have to report negative findings of carcinogenicity. However, if the MSDS format provides a space for a carcinogen entry, this space must be filled with accurate information as no blank spaces may be present on the MSDS.
MSDSs must include a telephone number for emergency information. There is no requirement that the responsible party staff a telephone line with personnel who can respond to an emergency 24 hours-a-day. The hours of emergency line operation are determined by the chemical manufacturer and should be set after considering the thoroughness of the MSDS, the health/physical hazards of the chemical, the frequency of use and immediacy of information needs, and the availability of information through alternative sources.
(g)(3) MSDS preparers are required to mark all blocks on a form, even if no relevant information has been found for a given category. Computer-generated MSDSs, however, do not have to follow this requirement due to electronic formatting considerations.
(g)(4) Where the evidence supports similar health hazards for a class or family of chemicals, it is acceptable for the MSDS to report those findings with respect to the entire class or family. Thus, a "generic" MSDS may address a group of complex mixtures, such as crude oil, natural gas, or bricks, which have similar hazards and characteristics because their chemical ingredients are essentially the same even though the specific composition varies in each mixture.
(g)(5) The MSDS must be updated only when its preparer becomes newly aware of significant hazard information or ways to protect against the hazards of a chemical. The standard requires that these changes be added within three months of becoming aware of the information.
(g)(6) Chemical manufacturers and importers have an affirmative duty to provide MSDSs to distributors and employers upon initial shipment and also upon request. Thus, a chemical manufacturer and/or importer shall be cited under (g)(6) if they withhold sending MSDSs to downstream users with an initial shipment, with the first shipment after updating an MSDSs, or upon request pending a separate payment for the MSDSs.
(g)(7)As in paragraph (g)(6), distributors have an affirmative duty to provide MSDSs to other distributors and downstream employers and cannot withhold sending the MSDSs pending separate payment. CSHOs should be aware of various changes regulating the relationship between distributors (both retail and wholesale) and employers in the standard.
(g)(8) MSDSs must be readily accessible and there must be no barriers to employee access during the work shift. The Agency interprets the term "readily accessible" to mean immediate access to MSDSs. The employer has flexibility to determine how this will be accomplished. The use of electronic means such as computers with printers, microfiche machines, the Internet, CD-ROMS, fax machines, etc., is acceptable. Employers using electronic means to supply MSDSs to their employees must ensure that reliable devices are readily accessible in the workplace at all times; that workers are trained in the use of these devices, including specific software; that there is an adequate back-up system for rapid access to MSDSs in the event of an emergency, including power outages, equipment, and on-line access delays; and that the system is part of the overall hazard communication program of the workplace. Additionally, employees must be able to access hard copies of the MSDSs, and in the event of medical emergencies, employers must be able to immediately provide copies of MSDSs to medical personnel. Mere transmission of the requested information orally via telephone is not acceptable.
When immediate access to paper or hard copy MSDSs does not exist, CSHOs should evaluate the performance of the employer's system by requesting a specific MSDS. Ultimately, the evaluation of an adequate system will rely on the professional judgement of the CSHO. Factors that may be appropriate to consider when determining if MSDSs are readily accessible include:
2) If an electronic system is used for MSDS access (computer, fax, etc.)do employees know how to operate and obtain information from the system? (CSHOs should request an employee to retrieve MSDSs using the electronic system.)
3) Was there an emergency/accident where immediate access was critical?
4) How quickly did the employer respond to the employee's request?
Employees must have immediate access to MSDSs and be able to get information when they need it in order for an employer to be in compliance.
On multi-employer job sites, employers who produce, use or store hazardous chemicals in such a way that other employers' employees are exposed or potentially exposed, must communicate to other employers how the means of access to MSDSs will be accomplished.
(g)(9) Employees who work at more than one site during the work shift must be able to obtain MSDS information immediately in an emergency. MSDSs may be kept at the primary workplace facility, as long as the employer has a representative available at all times to ensure ready access to this information. This is the only situation in which an employer is allowed to transmit hazard information via voice communication. The employer must address in the written hazard communication program how MSDS information will be conveyed to remote worksites.
EMPLOYEE INFORMATION AND TRAINING, Paragraph (h)
The training provisions of the HCS are not satisfied solely by giving employee the data sheets to read. An employer's training program is to be a forum for explaining to employees not only the hazards of the chemicals in their work area, but also how to use the information generated in the hazard communication program. This can be accomplished in many ways (audiovisuals, classroom instruction, interactive video), and should include an opportunity for employees to ask questions to ensure that they understand the information presented to them.
Furthermore, the training must be comprehensible. If the employees receive job instructions in a language other than English, then the training and information to be conveyed under the HCS will also need to be conducted in a foreign language.
Additional training is to be done whenever a new physical or health hazard is introduced into the work area, not a new chemical. For example, if a new solvent is brought into the workplace, and it has hazards similar to existing chemicals for which training has already been conducted, then no new training is required. As with initial training, and in keeping with the intent of the standard, the employer must make employees specifically aware which hazard category (i.e., corrosive, irritant, etc.) the solvent falls within. The substance-specific data sheet must still be available, and the product must be properly labeled. If the newly introduced solvent is a suspect carcinogen, and there has never been a carcinogenic hazard in the workplace before, then new training for carcinogenic hazards must be conducted for employees in those work areas where employees will be exposed.
It is not necessary that the employer retrain each new hire if that employee has received prior training by a past employer, an employee union, or any other entity. General information, such as the rudiments of the HCS could be expected to remain with an employee from one position to another. The employer, however, maintains the responsibility to ensure that their employees are adequately trained and are equipped with the knowledge and information necessary to conduct their jobs safely. It is likely that additional training will be needed since employees must know the specifics of their new employers' programs such as where the MSDSs are located, details of the employer's in-plant labeling system, and the hazards of new chemicals to which they will be exposed. For example, (h)(3)(iii) requires that employees be trained on the measures they can take to protect themselves from hazards, including specific procedures the employer has implemented such as work practices, emergency procedures, and personal protective equipment to be used. An employer, therefore, has a responsibility to evaluate an employee's level of knowledge with regard to the hazards in the workplace, their familiarity with the requirements of the standard, and the employer's hazard communication program.
Training need not be conducted on each specific chemical found in the workplace, but may be conducted by categories of hazard (e.g., carcinogens, sensitizers, acutely toxic agents) that are or may be encountered by an employee during the course of his duties.
The training requirements also apply if the employer becomes aware via the multi-employer worksite provision of exposures of his/her employees to hazards for which they have not been previously trained.
HCS training of temporary employees is a responsibility that is shared between the temporary agency and the host employer. The host-employer holds the primary responsibility for training since the host employer uses or produces chemicals, creates and controls the hazards, and is, therefore, best suited to inform employees of the chemical hazards specific to the workplace environment. The temporary agency, in turn, maintains a continuing relationship with its employees, and would be, at a minimum, expected to inform employees of the requirements of the standard. Contracts between the temporary agency and the host-employer should be examined to determine if they set out the training responsibilities of both parties, in order to ensure that the employers have complied with all requirements of the regulation.
A frequently overlooked portion of the training provisions is that dealing with emergency procedures. The HCS training is expected to be proportional to the hazards of the workplace. If a chemical is very hazardous, more information would be expected to be provided on the MSDS. Therefore, the training for emergency procedures, including information about the characteristics of the chemical and precautions to be taken, would need to be more extensive. Section 1910.1200(h) requires training of employees on (among other things) the measures employees can take to protect themselves from hazards including emergency procedures and an explanation of the information on the MSDSs.
Questions have arisen regarding the interface of 29 CFR 1910.120 training requirements for emergency procedures and those for the HCS. The scope and extent of employee training regarding emergency procedures will depend upon the employer's emergency response plan. If the employer merely intends to evacuate the work area, the training in emergency procedures could be limited, for example, to information on the emergency alarm system in use at the worksite, evacuation routes, and reporting areas.
In situations where employees are expected to moderate or control the impact of the emergency in a manner similar to an emergency responder, training under 1910.120 would be required. Employers who fall under the scope of HAZWOPER must have either a written emergency response plan or an emergency action plan. If employers expect their own employees to respond to a potential emergency involving a hazardous substance, then the employer must create an emergency response plan and the employees must be trained to perform the duties expected. HAZWOPER does not cover response to incidental spills that do not have the potential for becoming an emergency. Training for responding to such incidental spills would be under the HCS and would include, at a minimum, leak and spill cleanup procedures and the use of appropriate PPE.
Employees that are required to respond to spills that have the potential for becoming an emergency, are covered by the provisions of 1910.120(q). (See definition of emergency response in 1910.120(a)(3).) Therefore, in workplaces where there is a potential for emergencies, the employer's HCS training program would have to address the HAZWOPER emergency response plan and/or emergency action plan. Training under the HCS can be adapted to encompass all of the required training competencies in 29 CFR 1910.120(q)(6)(i), the first responder awareness level, and a single training session could be fashioned to satisfy the requirements of both standards.
TRADE SECRETS, Paragraph (i)
(i)(1) Despite the claim that a hazardous chemical, or a constituent thereof, is a trade secret, the PEL, TLV, or other designated exposure limit must be included on the MSDS.
(i)(2) The designation of an incident as a "medical emergency" is left
to the discretion of the treating
physician or nurse.
City, State, ZIP Code
Dear (Name or Position of Responsible Employer Representative):
Representatives of the Occupational Safety and Health Administration (OSHA)/or State plan designated agency recently visited/or corresponded with (company name), which purchases the following chemical(s) from your company:
At the time of the visit, (company name) did not have material safety data sheets/labels for the above-listed products, despite a prior request to your company.
At the time of the visit, material safety data sheets/labels supplied by your company were found to be deficient in the following areas:
You are required under OSHA's Hazard Communication Standard (29 CFR 1910.1200) or your State's right-to-know law to perform hazard determinations, label containers, and provide the MSDS for all hazardous chemicals which you produce or import. A copy of the standard is provided for your reference.
Please immediately send properly completed material safety data sheets/labels for the chemicals listed above to your customer and a copy to me. If the MSDSs were deficient, you are required to send revised copies to all of your customers with the first shipment after a MSDS/label is revised. If this information is not received within 30 days, an inspection of your establishment may be conducted by OSHA.
Thank you for your assistance. If you have any questions regarding this matter, please feel free to contact me at _______.
The hazard evaluation procedures required by the standard are performance-oriented. Basically, OSHA's concern is that the information on labels and data sheets, and in the training program, is adequate and accurate. Although specific procedures to follow and sources of consultation cannot be definitively established, general guidance will be provided herein. The hazard evaluation process can be characterized as a "tiered" approach -- the extent to which a chemical must be evaluated depends to a large degree upon the common knowledge regarding the chemical, whether its health effects are under review, and how prevalent it is in the workplace.
(2) Any substance for which the American Conferenceof Governmental Industrial Hygienists (ACGIH) has a Threshold Limit Value (TLV) in the latest edition of their annual list. Any mixture or combination of these substances would also be included.
(3) Any substance which the National Toxicology Program (NTP) or the International Agency for Research on Cancer (IARC) has found to be a suspect or confirmed carcinogen or which OSHA regulates as a carcinogen.
NIOSH/OSHA Occupational Health Guidelines.
Documentation for the Threshold Limit Values.
NTP Summary of the Annual Report on Carcinogens.
In addition, the CSHOs should check the NIOSH Registry of Toxic Effects of Chemical Substances (RTECS) to see if any hazards are indicated which do not appear in these sources. If there are, further study should be done to evaluate the hazards. RTECS should never be considered a definitive source for establishing a hazard since it consists of data that has not been evaluated. It is, however, a useful screening resource.
ACGIH - http://www.acgih.org
NTP - http://ntp-server.niehs.nih.gov
IARC - http://www.iarc.fr
OSHA - http://www.osha.gov
(b) Chemical and common name(s) for single substance hazardous chemicals?
(c) For mixtures tested as a whole:
(2) Common name(s) of the mixture itself?
(d) For mixtures not tested as a whole:
(2) Chemical and common name(s) of all ingredients which are health hazards and present a risk to employees, even though they are present in the mixture in concentrations of less than 1 percent or 0.1 percent for carcinogens?
(e) Chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture?
(f) Physical and chemical characteristics of the hazardous chemical (vapor pressure, flash point, etc.)?
(g) Physical hazards of the hazardous chemical including the potential for fire, explosion, and reactivity?
(h) Health hazards of the hazardous chemical (including signs and symptoms and medical conditions aggravated)?
(I) Primary routes of entry?
(j) OSHA permissible exposure limit (PEL)? The American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV)? Other exposure limit(s) (including ceiling and other short term limits)?
(k) Information on carcinogen listings (reference OSHA regulated carcinogens, those indicated in the National Toxicology Program (NTP) Annual Report on Carcinogens and/or those listed by the International Agency for Research on Carcinogens (IARC))?
(l) Generally applicable procedures and precautions for safe handling and use of the chemical (hygienic practices, maintenance and spill procedures)?
(m) Generally applicable control measures (engineering controls, work practices and personal protective equipment)?
(n) Pertinent emergency and first aid procedures?
(o) Date that the MSDS was prepared or the date of the last change?
(p) Name, address and telephone number of the responsible party?
NOTE: The following model programs are provided only as guidelines to assist in complying with 29 CFR 1910.1200. They are not intended to supersede the requirements of 29 CFR 1910.1200. Employers should review the Hazard Communication Standard for particular requirements which are applicable to their workplaces.
To ensure that information about the dangers of all hazardous chemicals used by (Name of Company) are known by all affected employees, the following hazardous information program has been established:
All work units of this company will participate in the hazard communication program. This written program will be available in the (location) for review by any interested employee.
The (person/position) will verify that all containers received for use will be clearly labeled as to the contents, note the appropriate hazard warning and list the name and address of the manufacturer.
The (person/position) in each section will ensure that all secondary containers are labeled with either an extra copy of the original manufacturer's label or with labels that have the identity and the appropriate hazard warning. For help with labeling, see (person/position).
On the following individual stationary process containers, we are using (description of labeling system used) rather than a label to convey the required information.
We are using an in-house labeling system which relies on (provide a description of any in-house system which used numbers or graphics to convey hazard information.)
The (person/position) will review the company labeling procedures every (provide a time period) and will update labels as required.
The (person/position) is responsible for establishing and monitoring the company MSDS program. He/she will make sure procedures are developed to obtain the necessary MSDSs and will review incoming MSDSs for new or significant health and safety information. He/she will see that any new information is passed on to affected employees. The procedure below will be followed when an MSDS is not received at the time of initial shipment:
Copies of MSDSs for all hazardous chemicals to which employees are exposed or are potentially exposed will be kept in (state location).
MSDSs will be readily available to all employees during each work shift. If an MSDS is not available, contact (person/ position).
MSDSs will be readily available to employees in each work area using the following format:
Note: If alternatives to paper copies of material safety data sheets is used, describe the format used and how to access the MSDSs.
When revised MSDSs are received, the following procedures will be followed to replace old MSDSs:
The (person/position) is responsible for the Hazard Communication Program. He/she will ensure that all program elements specified below are carried out.
Prior to starting work, each new employee will attend a health and safety orientation that includes the following information and training:
* The hazardous chemicals present at his/her work area.
* The physical and health risks of the hazardous chemicals.
* Symptoms of overexposure.
* How to determine the presence or release of hazardous chemicals in the work area.
* How to reduce or prevent exposure to hazardous chemicals through use of control procedures, work practices and personal protective equipment.
* Steps the company has taken to reduce or prevent exposure to hazardous chemicals.
* Procedures to follow if employees are overexposed to hazardous chemicals.
* How to read labels and MSDSs to obtain hazard information.
* Location of the MSDS file and written hazard communication program.
Prior to introducing a new chemical hazard into any section of this company, each employee in that section will be given information and training as outlined above for the new chemical hazard. The training format will be as follows:
Periodically, employees are required to perform non-routine tasks which are hazardous. Some examples of non-routine tasks are: confined space entry, tank cleaning, and painting reactor vessels. Prior to starting work on such projects, each affected employee will be given information by the (person/position) about the hazardous chemicals he or she may encounter during such activity. This information will include specific chemical hazards, protective and safety measures the employee can use, and steps the company is taking to reduce the hazards, including ventilation, respirators, the presence of another employee (buddy systems), and emergency procedures.
Examples of non-routine tasks performed by employees of this company are:
It is the responsibility of (person/position) to provide other employers with information about hazardous chemicals their employees may be exposed to on a job site and suggested precautions for employees. It is the responsibility of (person/ position) to obtain information about hazardous chemicals used by other employers to which employees of this company may be exposed.
Other employers will be provided with material safety data sheets for hazardous chemicals generated by this company's operations.
Material safety data sheets will be provided to other employers in the following manner:
In addition to providing a copy of an MSDS to other employers, other employers will be informed of precautionary measures needed to be taken to protect their employees who are exposed to operations performed by this company.
Also, other employers will be informed of the hazard labels used by the company. If symbolic or numerical labeling systems are used, the other employees will be provided with information to understand the labels used for hazardous chemicals for which their employees may have exposure.
The following is a list of all known hazardous chemicals used by our employees. This list includes the name of the chemical manufacturer, the work area the chemicals are used in, the dates of use, and the quantity used. Further information on each chemical may be obtained from the MSDSs which are located (state location).
When new chemicals are received, this list is updated (including date the chemicals were introduced), within 30 days of introduction into the workplace. To ensure that the chemical is added in a timely manner, the following procedures shall be followed:
The hazardous chemical inventory was compiled and is maintained by:
Work activities are sometimes performed by employees in areas where chemicals are transferred through unlabeled pipes. Prior to starting work in these areas, the employee shall contact (person/position) for information regarding:
* Potential hazards.
* Safety precautions to be taken.
A copy of this program will be made available, upon request, to employees and their representatives.
The Hazard Communication Standard requires you to develop a written
hazard communication program. The following is a sample hazard
communication program that you may use as a guide in
developing your program.
Our Hazard Communication Program
General Company Policy
The purpose of this notice is to inform you that our company is complying with the OSHA Hazard Communication Standard, Title 29 Code of Federal Regulations 1910.1200, by compiling a hazardous chemicals list, by using MSDSS, by ensuring that containers are labeled, and by providing you with training.
This program applies to all work operations in our company where you may be exposed to hazardous chemicals under normal working conditions or during an emergency situation.
The safety and health (S&H) manager, Robert Jones, is the program coordinator, acting as the representative of the plant manager, who has overall responsibility for the program. Mr. Jones will review and update the program, as necessary. Copies of the written program may be obtained from Mr. Jones in Room SD-10.
Under this program, you will be informed of the contents of the Hazard Communication Standard, the hazardous properties of chemicals with which you work, safe handling procedures, and measures to take to protect yourselves from these chemicals. You will also be informed of the hazards associated with non-routine tasks, such as the cleaning of reactor vessels, and the hazards associated with chemicals in unlabeled pipes.
List of Hazardous Chemicals
The safety and health manager will make a list of all hazardous chemicals and related work practices used in the facility, and will update the list as necessary. Our list of chemicals identifies all of the chemicals used in our ten work process areas. A separate list is available for each work area and is posted there. Each list also identifies the corresponding MSDS for each chemical. A master list of these chemicals will be maintained by, and is available from Mr. Jones' office, Room SD-10.
Material Safety Data Sheets (MSDSs)
MSDSs provide you with specific information on the chemicals you use. The safety and health manager, Mr. Jones, will maintain a binder in his office with an MSDS on every substance on the list of hazardous chemicals. The plant manager, Jeff O'Brien, will ensure that each work site maintains MSDSs for the hazardous chemicals in each work area. MSDSs will be made readily available to you at your work stations during your shifts.
The safety and health manager, Mr. Jones, is responsible for acquiring and updating MSDSS. He will contact the chemical manufacturer or vendor if additional research is necessary or if an MSDS has not been supplied with an initial shipment. All new procurements for the company must be cleared by the safety and health manager. A master list of MSDSs is available from Mr. Jones in Room SD-10.
Labels and Other Forms of Warning
The safety and health manager will ensure that all hazardous chemicals in the plant are properly labeled and updated, as necessary. Labels should list at least the chemical identity, appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party. Mr. Jones will refer to the corresponding MSDS to assist you in verifying label information. Containers that are shipped from the plant will be checked by the supervisor of shipping and receiving to make sure all containers are property labeled.
If there are a number of stationary containers within a work area that have similar contents and hazards, signs will be posted on them to convey hazard information. On stationary process equipment, regular process sheets, batch tickets, blend tickets, and similar written materials will be substituted for container labels when these documents contain the same information as labels. These written materials will be made readily available to you during your work shift.
If you transfer chemicals from a labeled container to a portable container that is intended only for your immediate use, no labels are required on the portable container. Pipes or piping systems will not be labeled but their contents will be described in training sessions.
When you are required to perform hazardous non-routine tasks (e.g.,
cleaning tanks, entering confined
spaces, etc.), a special training session will be conducted to inform
you of the hazardous chemicals to
which you might be exposed and the precautions you must take to reduce
or avoid exposure.
Everyone who works with or is potentially exposed to hazardous chemicals will receive initial training on the Hazard Communication Standard and the safe use of those hazardous chemicals. The safety and health manager will conduct these training sessions. A program that uses both audiovisual materials and classroom-type training has been prepared for this purpose. Whenever a new hazard is introduced, additional training will be provided. Regular safety meetings will also be used to review the information presented in the initial training. Foremen and other supervisors will be extensively trained regarding hazards and appropriate protective measures so they will be available to answer questions from employees and provide daily monitoring of safe work practices.
The training program will emphasize these items:
* The chemical and physical properties of hazardous materials (e.g., flash point, vapor pressure, reactivity) and methods that can be used to detect the presence or release of chemicals (including chemicals in unlabeled pipes).
* The physical hazards of the chemicals in your work area (e.g., potential for fire, explosion, etc.).
* The health hazards, including signs and symptoms of exposure, of the chemicals in work area and any medical condition known to be aggravated by exposure to these chemicals.
* Procedures to protect against chemicals hazards (e.g., required personal protective equipment, and its proper use and maintenance; work practices or methods to ensure appropriate use and handling of chemicals; and procedures for emergency response).
* Work procedures to follow to assure protection when cleaning hazardous-chemical spills and leaks.
* The location of the MSDSs, how to read and interpret the information on labels and MSDSS, and how employees may obtain additional hazard information.
The safety and health manager or his/her designee will review the employee training program and advise the plant manager on training or retraining needs. Retraining is required when the hazard changes or when a new hazard is introduced into the workplace. It will be company policy to provide training regularly in safety meetings to ensure the effectiveness of the program. As part of the assessment of the training program, the safety and health manager will obtain input from employees regarding the training they have received, and their suggestions for improvement.
The safety and health manager, Robert Jones, upon notification by the responsible supervisor, will advise outside contractors, in person, of any chemical hazards that may be encountered in the normal course of their work on the premises, the labeling system in use, the protective measures to be taken, and the safe handling procedures to be used. In addition, Mr. Jones will notify these individuals of the location and availability of MSDSs. Each contractor bringing chemicals on-site must provide Mr. Jones with the appropriate hazard information for these substances, including MSDSs, labels, and precautionary measures to be taken when working with or around these chemicals.
All employees, or their designated representatives, can obtain further
information on this written
program, the hazard communication standard, applicable MSDSs, and
chemical information lists at the
safety and health office, Room SD-10.
carbide blades 1
categories of hazard 1
chemicals not covered 1
consensus standard 1
constituent substances 1
Consumer Product Safety Act 1
diesel fuel emissions 1
Environmental Protection Agency (EPA) 1
Exposure calculations 1
fire extinguisher 1
first point of processing 1
floor of hazardous chemicals 1
floor of reference sources 1
free samples 1
Grain elevators 1
Hazardous Materials Information System (HMIS) 1,
Lab Standard 1
labeling exemptions 1
laboratory coverage 1
laboratory operations 1
Multiple Animal Studies
National Fire Protection Association (NFPA) 1
oil and gas producers 1
positive human evidence 1
rating system 1
reportable quantities 1
reporting negative findings 1
Resource Conservation and Recovery Act (RCRA) 1
saw mills 1
severely hydrotreated oils 1
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