GUIDELINES
FOR EMPLOYER COMPLIANCE
The
Hazard Communication Standard (HCS) is based
on a simple concept--that employees have both
a need and a right to know the hazards and
identities of the chemicals to which they
are exposed. They also should know what
protective measures are available to prevent
adverse effects. The HCS is designed
to provide employees with such information.
Knowledge
acquired under the HCS will help employers
provide safer workplaces for their employees.
When employers have information about the
chemicals being used, they can take steps
to reduce exposure, substitute less hazardous
materials, and establish proper work practices.
These efforts will help prevent the occurrence
of work-related illnesses and injuries caused
by chemicals.
The
HCS addresses the issues of evaluating and
communicating hazards to workers. Evaluation
of chemical hazards involves a number of technical
concepts, and is a process that requires the
professional judgment of experts. For
that reason the HCS does not require employers
who simply use chemicals (as opposed to those
who produce or import them) to evaluate the
hazards of those chemicals. Hazard determination
is the responsibility of the producers and
importers of the materials. Therefore,
producers and importers of chemicals are required
to provide hazard information to employers
who purchase their products.
Employers
who do not produce or import chemicals are
required to focus only on those parts of the
rule that deal with establishing a workplace
program and communicating information to their
workers. This booklet is a general guide
for employers to assist them in determining
what is required under the rule. It
does not supplant or substitute for the regulatory
provisions, but provides a simplified outline
of the steps an average employer should follow
to meet those requirements.
BECOMING
FAMILIAR WITH THE RULE
OSHA
has provided a simple summary of the HCS in
a pamphlet entitled"Chemical Hazard Communication,"
OSHA Publication Number 3084. Some employers
prefer to read this pamphlet first in order
to become familiar with the rule's requirements.
A copy may be obtained from your local OSHA
Area Office, or by contacting the OSHA Publications
Office at (202) 523-9667.
The
standard is long, and some parts of it are
technical, but the basic concepts are simple.
In fact, the requirements reflect what many
employers have been doing for years.
Most employers find that they are already
largely in compliance with many of the provisions,
and will simply have to modify their existing
programs to some degree.
The
HCS requires information to be prepared
and transmitted regarding all hazardous
chemicals. The HCS covers both physical
hazards (such as flammability), and health
hazards (such as irritation, lung damage,
and cancer). Most chemicals used in
the workplace have some hazard potential,
and thus will be covered by the rule.
One
difference between this rule and many others
adopted by OSHA is that this rule is performance-oriented.
That means that you have the flexibility
to adapt the rule to the needs of your workplace,
rather than having to follow specific, rigid
requirements. It also means that you
have to exercise more judgment in order
to implement an appropriate and effective
program.
The
standard's design is simple. Chemical
manufacturers and importers must evaluate
the hazards of the chemicals they produce
or import. Using that information,
they must then prepare labels for containers
and detailed technical bulletins called
material safety data sheets (MSDS).
Chemical
manufacturers, importers, and distributors
of hazardous chemicals are all required
to provide the appropriate labels and material
safety data sheets to the employers to whom
they ship the chemicals. The information
is to be provided automatically. Every
hazardous chemical container received must
be labeled, tagged or marked with the
required information. Suppliers must
also send a properly completed material
safety data sheet (MSDS) at the time of
the first shipment. If new and significant
information about the hazards is added to
an MSDS, an updated copy must accompany
the next shipment.
An
employer can rely on the information received
from suppliers. The employer does
not have the obligation or responsibility
to analyze the chemical or evaluate the
hazards.
Employers
that "use" hazardous chemicals
must have a program to ensure the information
is provided to exposed employees.
"Use" means to package, handle,
react, or transfer. This is an intentionally
broad scope, and includes any situation
where a chemical is present in such a way
the employees may be exposed under
normal conditions of use or in a foreseeable
emergency.
The
requirements of the rule that deal specifically
with the hazard communication program are
found in the Standard in paragraphs (e) written
hazard communication; (f) labels and other
forms of warning; (g) materials safety data
sheets; and (h) employee information and training.
The requirements of these paragraphs should
be the focus of your attention. Concentrate
on becoming familiar with them, use paragraphs
(b) scope and application, and (c) definitions,
as references when needed to help explain
the provisions.
There
are two types of work operations where the
coverage of the rule is limited. These
are laboratories and operations where chemicals
are only handled in sealed containers e.g.,
a warehouse. The limited provisions
for these workplaces can be found in paragraph
(b) scope and application. Basically,
employers having these types of work operations
are required only to keep labels on containers
as they are received; maintain material safety
data sheets that are received and give employees
access to them; and provide information and
training for employees. Employers do
not have to have written hazard communication
programs and lists of chemicals for these
types of operations.
The
limited coverage of laboratories and sealed
container operations addresses the obligation
of an employer to the workers in the operations
involved, and does not affect the employer's
duties as a distributor of chemicals.
For example, a distributor may have warehouse
operations where employees would be protected
under the limited sealed container provisions.
In this situation, requirements for obtaining
and maintaining MSDSs are limited to providing
access to those received with containers while
the substance is in the workplace, and requesting
MSDSs when employees request access for those
not received with the containers. However,
as a distributor of hazardous chemicals, that
employer will still have the responsibility
for providing MSDSs to downstream customers
at the time of the first shipment and when
the MSDS is updated. Therefore, although
the MSDS may not be required for the employees
in the work operation, the distributor may,
nevertheless, have to have a MSDS to satisfy
other requirements under the rule.
IDENTIFY
RESPONSIBLE STAFF
Hazard
communication is going to be a continuing
program in your facility. Compliance
with the HCS is not a "one shot deal".
In order to have a successful program, it
will be necessary to assign responsibility
for both the initial and ongoing activities
that have to be undertaken to comply with
the rule. In some cases, these activities
may already be part of current job assignment.
For example, site supervisors are frequently
responsible for on-the-job training sessions.
Early identification of the responsible
employees and involvement of them in the
development of your plan of action will
result in a more effective program design.
It is also valuable to include those employees
who are affected by the Hazard Communication
Program in the evaluation of the effectiveness
of that program.
For
any safety and health program, success depends
on commitment at every level of the organization.
This is particularly true for hazard communication,
where success requires a change in behavior.
This will only occur if employers understand
the program, and are committed to its success,
and if employees are motivated by the people
presenting the information to them.
IDENTIFY
HAZARDOUS CHEMICALS IN THE WORKPLACE
The
Standard requires a list of hazardous chemicals
in the workplace as part of the written hazard
communication program. The list will
eventually serve as an inventory of everything
for which a MSDS must be maintained.
At this point, preparing the list will help
you complete the rest of the program since
it will give you some idea of the scope of
the program required for compliance in your
facility.
The
best way to prepare a comprehensive list is
to survey the workplace. Purchasing
records may also help. Certainly, employers
should establish procedures to ensure that
in the future purchasing procedures result
in MSDSs being received before a material
is used in the workplace.
The
broadest possible perspective should be taken
when doing the survey. Sometimes people
think of chemicals as being only liquids in
containers. The HCS covers chemicals
in all physical forms -- liquids, solids,
gases, vapors, fumes, and mists -- whether
they are contained or not. The hazardous
nature of the chemical and the potential for
exposure are the factors which determine whether
a chemical is covered. If it is not
hazardous, it is not covered. If there
is no potential for exposure (e.g., the chemical
is inextricably bound and cannot be released),
the rule does not cover the chemical.
Look
around. Identify chemicals in containers,
including pipes, but also think about chemicals
generated in the work operations. For
example, welding fumes, dusts, and exhaust
fumes are all sources of chemical exposures.
Read labels provided by suppliers for hazard
information. For your own information
and planning, you may also want to note on
the list the location(s) of the products within
the workplace, and an indication of the hazards
as found on the label. This will help
you as you prepare the rest of your program.
Paragraph
(b) scope and application, includes exemptions
for various chemicals or workplace situations.
After compiling the complete list of chemicals,
you should review paragraph (b) to determine
if any of the items can be eliminated from
the list because they are exempted materials.
For example, food, drugs, and cosmetics brought
into the workplace for employee consumption
are exempt, so rubbing alcohol in the first
aid kit would not be covered.
Once
you have compiled as complete a list as possible
of the potentially hazardous chemicals in
the workplace, the next step is to determine
if your have received material safety data
sheets for all of them. Check your files
against the inventory you have just compiled.
If any are missing, contact your supplier
and request one. It is a good idea to
document these requests, either by copy of
a letter or a note regarding telephone conversations.
If you have MSDSs for chemicals that are not
on your list, figure out why. Maybe
you don't use the chemical anymore.
Or maybe you missed it in your survey.
Some suppliers do provide MSDSs for products
that are not hazardous. These do not
have to be maintained.
Do
not allow employees to use any chemicals which
do not have a MSDS. The MSDS provides
information needed to ensure that proper protective
measures are implemented prior to exposure.
PREPARING
AND IMPLEMENTING A HAZARD COMMUNICATION
PROGRAM
All
workplaces where employees are exposed to
hazardous chemicals must have a written plan
which describes how the standard will be implemented
in that facility. Preparation of a plan
is not just a paper exercise -- all of the
elements must be implemented in the workplace
in order to be in compliance with the rule.
See paragraph (e) of the Standard for the
specific requirements regarding written hazard
communication programs. The only work
operations which do not have to comply with
the written plan requirements are laboratories
and work operations where employees only handle
chemicals in sealed containers. See
paragraph (b) scope and application, for the
specific requirements for these two types
of workplaces.
The
plan does not have to be lengthy or complicated.
It is intended to be a blueprint for implementation
of your program--an assurance that all aspects
of the requirements have been addressed.
A sample program is included at the end
of this booklet. Many trade associations
and other professional groups have provided
sample programs and other assistance materials
to affected employers. These have
been very helpful to many employers since
they tend to be tailored to the particular
industry involved. You may wish to
investigate whether your industry trade
groups have developed such materials.
Although
such general guidance may be helpful, you
must remember that the written program has
to reflect what you are doing in your workplace.
Therefore, if you use a generic program
it must be adapted to address the facility
it covers. For example, the written
plan must list the chemicals present at
the site, indicate who is to be responsible
for the various aspects of the program in
your facility, and indicate where written
materials will be made available to employees.
If
OSHA inspects your workplace for compliance
with the HCS, the OSHA compliance officer
will ask to see your written plan.
The
written program must describe how the requirements
for labels and other forms of warning, material
safety data sheets, and employee information
and training, are going to be met in your
facility. The following discussion
provides the type of information compliance
officers will be looking for to decide whether
these elements of the hazard communication
program have been properly addressed:
A.
Labels and other forms of warning.
In-plant
containers of hazardous chemicals must be
labeled, tagged, or marked with the identity
of the material and appropriate hazard warnings.
Chemical manufacturers, importers, and distributors
are required to ensure that every container
of hazardous chemicals they ship is appropriately
labeled with such information and with the
name and address of the producer or other
responsible party. Employers
purchasing chemicals can rely on the labels
provided by their suppliers. If the
material is subsequently transferred by
the employer from a labeled container to
another container, the employer will have
to label that container unless it is subject
to the portable container exemption.
See paragraph (f) for specific labeling
requirements.
The
primary information to be obtained from
an OSHA-required label is the identity for
the material, and the appropriate hazard
warnings. The identity is any
term which appears on the label, the MSDS,
and the list of chemicals. The identity
links these three sources of information.
The
identity used by the supplier may be a common
or trade name ("Black Magic Formula"),
or a chemical name (1,1,1,-trichloroethane).
The hazard warning is a brief statement
of the hazardous effects of the chemical
("flammable", "causes lung
damage"). Labels frequently contain
other information such as precautionary
measures ("do not use near open flame").
This information is provided voluntarily
and is not required under the rule.
Labels must be legible, and prominently
displayed. There are no specific requirements
for size or color, or any specified text.
With
these requirements in mind, the compliance
officer will be looking for the following
types of information to ensure that labeling
will be properly implemented in your facility.
1.
Designation of person(s) responsible for
ensuring labeling of in-plant containers;
2.
Designation of person(s) responsible for
ensuring labeling of any shipped containers;
3.
Description of labeling system(s) used;
4.
Description of written alternatives to labeling
of in-plant containers (if used); and,
5.
Procedures to review and update label information
when necessary.
Employers
who are purchasing and using hazardous chemicals
-- rather than producing or distributing
them -- will primarily be concerned with
ensuring that every purchased container
is labeled. If materials are transferred
into other containers, the employer must
ensure that these are labeled as well, unless
they fall under the portable container exemption
(paragraph (f)(7). In terms of labeling
systems, you can simply choose to use the
labels provided by your supplier on the
containers. These systems or symbols
require special training. The most
important thing to remember is that this
is a continuing duty -- all in-plant containers
of hazardous chemicals must always be labeled.
Therefore, it is important to designate
someone to be responsible for ensuring that
the labels are maintained as required on
the containers in your facility, and that
newly purchased materials are checked for
labels prior to use.
B.
Material safety data sheets.
Chemical
manufacturers and importers are required
to obtain or develop a material safety data
sheet for each hazardous chemical they produce
or import. Distributors are responsible
for ensuring that their customers are provided
a copy of these MSDSs. Employers must
have an MSDS for each hazardous chemical
which they use. Employers may rely
on the information received from their suppliers.
The specific requirements for material safety
data sheets are in paragraph (g) of the
Standard.
There
is no specified format for the MSDS under
the rule, although there are specific information
requirements. OSHA has developed a
non-mandatory format, OSHA Form 174, which
may be used by chemical manufacturers and
importers to comply with the rule. The MSDS
must be in English. You are entitled
to receive from the supplier a data sheet
which includes all of the information required
under the rule. If you do not
receive the date sheet automatically, request
one. If you receive one that is obviously
inadequate, with, for example, blank spaces
that are not completed, you should request
an appropriately completed one. If
your request for a data sheet or for a corrected
data sheet does not produce the information
needed, you should contact your local OSHA
Area Office for assistance in obtaining
the MSDS.
The
role of MSDSs under the rule is to provide
detailed information on each hazardous chemical,
including its potential hazardous effects,
its physical and chemical characteristics,
and recommendations for appropriate protective
measures. This information should
be useful to you as the employer responsible
for designing protective programs, as well
as to the workers. You need to become
familiar with material safety data sheets
and with chemical terminology. A glossary
of MSDS terms may be helpful in this regard.
Generally speaking, most employers using
hazardous chemicals will primarily be concerned
with MSDS information regarding hazardous
effects and recommended protective measures.
Focus on the sections of the MSDS that are
applicable to your situation.
MSDSs
must be readily accessible to employees
when they are in their work areas during
their work shifts. This may be accomplished
in many different ways. You must decide
what is appropriate for your particular
workplace. Some employers keep the
MSDSs in a binder in a central location
(e.g., in the pick-up truck on a construction
site). Others, particularly
in workplaces with large numbers of chemicals,
computerize the information and provide
access through terminals. As long
as employees can get the information when
they need it, any approach may be used.
The employees must have access to the MSDSs
themselves -- simply having a system where
the information can be read to them over
the phone is only permitted under the mobile
worksite provision, paragraph (g)(9), when
employees must travel between workplaces
during the shift. In this situation,
they should have access to the MSDSs prior
to leaving the primary worksite, and when
they return, so the telephone system is
simply an emergency arrangement.
In
order to ensure that you have a current
MSDS for each chemical in the plant as required,
and that employee access is provided, the
compliance officers will be looking for
the following types of information in your
written program:
1.
Designation of person(s) responsible for
obtaining and maintaining the MSDSs;
2.
How such sheets are to be maintained in
the workplace (e.g., in notebooks in the
work area(s) or in a computer with terminal
access), and how employees can obtain access
to them when they are in their work area
during the work shift;
3.
Procedures to follow when the MSDS is not
received at the time of the first shipment;
4.For
producers, procedures to update the MSDS
when new and significant health information
is found; and,
5.Description
of alternatives to actual data sheets in
the workplace, if used.
For
employers using hazardous chemicals, the most
important aspect of the written program in
terms of MSDSs is to ensure that someone is
responsible for obtaining and maintaining
the MSDSs for every hazardous chemical in
the workplace. The list of hazardous
chemicals required to be maintained as part
of the written program will serve as an inventory.
As new chemicals are purchased, the list should
be updated. Many companies have found
it convenient to include on their purchase
orders the name and address of the person
designated in their company to receive MSDSs.
C.
Employee information and training.
Each
employee who may be "exposed"
to hazardous chemicals when working must
be provided information and trained prior
to initial assignment to work with
a hazardous chemical, and whenever the hazard
changes. "Exposure"
or "exposed" under the rule means
that "an employee is subjected to a
hazardous chemical in the course of employment
through any route of entry (inhalation,
ingestion, skin contact or absorption, etc.)
and includes potential (e.g., accidental
or possible exposure.) See paragraph
(h) of the Standard for specific requirements.
Information and training may be done
either by individual chemical, or by categories
of hazards such as flammability or carcinogenicity.
If there are only a few chemicals in the
workplace, then you may want to discuss
each one individually. Where there
are large numbers of chemicals, or the chemicals
change frequently, you will probably want
to train generally based on the hazard categories
(e.g., flammable liquids, corrosive materials,
carcinogens). Employees will have
access to the substance-specific information
on the labels and MSDSs.
Information
and training is a critical part of the hazard
communication program. Information
regarding hazards and protective measures
are provided to workers through written
labels and material safety data sheets.
However, through effective information and
training, workers will learn to read and
understand such information, determine how
it can be obtained and used in their own
workplaces, and understand the risks of
exposure to the chemicals in their workplaces
as well as the ways to protect themselves.
A properly conducted training program will
ensure comprehension.
It
is not sufficient to either just read material
to the workers, or simply hand them material
to read. You should create a climate
where workers feel free to ask questions.
This will help you ensure that the information
is understood. You must always remember
that the underlying purpose of the HCS is
to reduce the incidence of illnesses and
injuries resulting from chemical exposure.
This will be accomplished by modifying behavior
through the provision of hazard information
and information about protective measures.
If your program works, you and your workers
will better understand the chemical hazards
within the workplace. The procedures
established regarding purchasing, storage,
and handling of these chemicals will improve,
and thereby reduce the risks posed to employees
exposed to the chemical hazards involved.
Furthermore, your workers' comprehension
will also be increased, and proper work
practices will be followed in your workplace.
If
you are going to do the training yourself,
you will have to understand the material
and be prepared to motivate the workers
to learn. This is not always an easy
task, but the benefits are worth the effort.
More information regarding appropriate training
can be found in OSHA Publication No. 2254
which contains voluntary training guidelines
prepared by OSHA's Office of Training and
Education. A copy of this document
is available from OSHA's Publications Office
at (202) 219-4667.
In
reviewing your written program with regard
to information and training, the following
items need to be considered:
1.Designation
of person(s) responsible for conducting
training;
2.Format
of the program to be used (audiovisuals,
classroom instruction, etc.);
3.Elements
of the training program (should be consistent
with the elements in paragraph (h) of the
HCS); and,
4.Procedure
to train new employees at the time of their
initial assignment to work with a hazardous
chemical, and to train employees when a
new hazard is introduced into the workplace.
The
written program should provide enough details
about the employer's plans in this area
to assess whether or not a good faith effort
is being made to train employees.
OSHA does not expect that every worker will
be able to recite all of the information
about each chemical in the workplace.
In general, the most important aspects of
training under the HCS are to ensure that
employees are aware that they are exposed
to hazardous chemicals, that they know how
to read and use labels and material safety
data sheets, and that as a consequence of
learning this information, they are following
the appropriate protective measures established
by the employer. OSHA compliance officers
will be talking to employees to determine
if they have received training, if they
know they are exposed to hazardous chemicals,
and if they know where to obtain substance-specific
information on labels and MSDSs.
The
rule does not require employers to maintain
records of employee training, but many employers
choose to do so. This may help you
monitor your own program to ensure that
all employees are appropriately trained.
If you already have a training program,
you may simply have to supplement it with
whatever additional information is required
under the HCS. For example, construction
employers who are already in compliance
with the construction training standard
(29 CFR 1926.21) will have little extra
training to do.
An
employer can provide employees information
and training through whatever means found
appropriate. Although there would
always have to be some training on site
(such as informing employees of the location
and availability of the written program
and MSDSs), employee training may be satisfied
in part by providing general training on
the requirements of the HCS and on chemical
hazards on the job. This type of training
is usually provided by trade associations,
unions, colleges, and professional schools.
In addition, previous training, education
and experience of a worker may relieve the
employer of some of the burdens of informing
and training that worker. Regardless
of the method used, the employer is always
ultimately responsible for ensuring that
employees are adequately trained.
If the compliance officer finds that the
training is deficient, the employer will
be cited for the deficiency, regardless
of who actually provided the training on
behalf of the employer.
D.
Other requirements.
In
addition to these specific items, compliance
officers will also be asking the following
questions in assessing the adequacy of the
program:
1.
Does a list of the hazardous chemicals exist
in each work area or at a central location?
2.Has
the employer outlined the methods to be
used to inform employees of the hazards
of non-routine tasks?
3.
Are employees informed of the hazards associated
with chemicals contained in unlabeled pipes
in their work areas?
4.On
multi-employer worksites, has the primary
employer provided the necessary information
regarding the labeling system and precautionary
measures to other employers on site whose
employees may be exposed to the primary
employer's chemicals?
5.Is
the written program made available to employees
and their designated representatives?
If
your program adequately addresses the means
of communicating information to employees
in your workplace, and provides answers
to the basic questions outlined above, it
will be found to be in compliance with the
rule.
CHECKLIST
FOR COMPLIANCE
The
following checklist will help to ensure
you are in compliance with the rule:
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CHECKLIST
FOR COMPLIANCE
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Obtained a copy of the Standard.
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Read and understood the requirements.
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Assigned responsibility for tasks.
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Prepared an inventory of chemicals
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Ensured containers are labeled.
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Obtained MSDS for each chemical.
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Prepared written program.
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Made MSDS's available to workers.
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Conducted training of workers.
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Established procedures to maintain
current program.
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Established procedures to evaluate
effectiveness.
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FURTHER
ASSISTANCE
If
you have a question regarding compliance
with the HCS, you can write or call the
Illinois On site Consultation Program, 100
W. Randolph Street, Suite 3-400, Chicago,
Illinois, 60601. The toll free telephone
number is 800-972-4216, TDD 800-419-0667.
Next
Section: Sample Written Hazard Communication
Program
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