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September 9, 2015
2:00-3:15 PM
Disclaimer: Comments and opinions expressed by the speakers do not necessarily reflect the opinions or
beliefs of OSHA and SCHC. 1
GoToWebcast PARTICIPANT VIEW
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Click “Event Resources” in the Dashboard to download a copy of today’s slides.
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Today’s Presentation is Section 508 Complaint
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Lana Nieves, Industrial Hygienist, Office of Health Enforcement, Directorate of Enforcement Programs, USDOL-OSHA
Sven Rundman III, Supervisory Industrial Hygienist, Team Leader, Office of Health Enforcement, Directorate of Enforcement Programs, USDOL-OSHA
Ann Thompson, Vice President, SCHC
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September 9, 2015Ann Thompson
Vice President, SCHCSCHC-OSHA Alliance
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Promote the improvement of hazard communication for chemicals;
Educate SCHC members on hazard communication issues;
Provide a forum for exchange of ideas and experiences;
Enhance the awareness of members and the general public of new developments in hazard communication; and
Provide guidance or technical expertise to a private group, legislative body or government entity
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Non-profit organization
Professional organization made up of individuals as members (no company memberships)
Operates primarily via volunteer effort
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720+ professionals who represent industrial, consumer and specialty chemical companies, pharmaceutical firms, manufacturers, distributors and importers, government agencies, universities and consultants
Nearly 50% of our members are located primarily in the east but ~6% of the members are located outside of the United States (Canada, China, EU, India and Japan)
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Signed: October 22, 2003
Renewed: 2005, 2008, 2012 and April 13, 2015
Through the Alliance, the organizations will:◦ Provide information, guidance, and access to training
resources that will help them protect the health and safety of workers
◦ Continue to address hazard communication hazards and issues related to increasing awareness of the Global Harmonized System of Classification and Labeling of Chemicals (GHS)
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Purpose: Administer all aspects of Alliance committee including the development of hazard communication training and other tools that will be developed for use by OSHA and SCHC in improving hazard communication◦ GHS Fact Sheets
Initially developed for GHS awareness raising until Final Rule passed
Completed Fact Sheets are under review to review consistency and reflect HazCom 2012
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Outreach and communication:o To develop information on the recognition and prevention
of workplace hazards, and to develop ways of communicating such information (e.g., print and electronic media, electronic assistance tools, and OSHA's and the SCHC's Web sites) to employers and workers in the industry.
o To speak, exhibit, or appear at OSHA's or SCHC's conferences, local meetings, or other events.
o To share information among OSHA personnel and industry safety and health professionals regarding SCHC's good practices or effective approaches through training programs, workshops, seminars, and lectures (or any other applicable forum) developed by the participants.
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Committees
Semi-annual Conferences
Professional Development◦ Courses
◦ Webinars
Website Resources
AIHA Registry Program◦ SDS and Label Authoring
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Plenary Session: ◦ September 29 -30, 2015
Professional Development Courses: ◦ September 26-28, 2015
Crystal Gateway Marriott - Arlington, VA
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Plenary Session: ◦ April 19-20, 2016
Professional Development Courses: ◦ April 16-18, 2016
Bahia Mar – Fort Lauderdale, FL
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Website: www.schc.org
Email address: [email protected]
Telephone: 703-658-9246
Fax: 703-658-9247
Mailing address:PO Box 1392
Annandale, VA 22003-9392
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Poll Question
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Lana Nieves
Sven Rundman
OSHA, Office of Health Enforcement18
Notable changes and additions to the compliance directive.
June 1, 2015 enforcement guidance.
HCS violations summary.
Highlighted responses to HCS questions.
OSHA compliance assistance.
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▶ Most of the old HCS directive, CPL 02-02-038, guidance remains in place.
▶ “Hazard classification” replaces “Hazard determination.”
▶ New requirements for labels:
• Product identifier, pictogram, signal word, hazard statement(s), precautionary statement(s), name, address and telephone number of responsible party.
▶ Safety Data Sheets replace MSDSs
• 16-section format.
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Performance-oriented• Definitions in paragraph (c),
Appendices A and B
• Appendix B—parameters for
evaluating data
• “Floor” of chemicals considered
hazardous
• “One study” rule
• Standardized mixture
cut-off rules
Specific and detailed• Concept of “classification”
vs. determination in HazCom 1994
• Must be classified in accordance with Appendix A or B.
• Each hazard class has detailed criteria to apply to data on the chemical
• No floor; based on weight of evidence
• Mixture rules are specific to each hazard class
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Shipped containers to
be labeled with identity,
appropriate hazard
warnings, and
responsible party.
Performance-oriented,
specifics left to discretion
of chemical manufacturer
or importer.
Shipped containers to be labeled, tagged, or marked with:• Product identifier;
• Signal word;
• Hazard statement(s);
• Pictograms;
• Precautionary statements; and
• Name, address, and phone number of the responsible party.
Specifies information by hazard class and category.
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Specified what information is required, but chemical manufacturer or importer can use whatever format or order of information they want.
Mandates 16-section SDS headings, order of information, and what information is to be provided under the headings.
Will not enforce sections 12-15 that require information outside
OSHA’s jurisdiction.
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▶ No significant change from HCS 1994 training requirements.
▶ Highlights:
• (h)(3)(ii):
◦ Physical, health, simple asphyxiation, combustible dust and pyrophoric gas hazards, as well as hazards not otherwise classified.
• (h)(3)(iv):
◦ Labels on shipped containers, workplace labeling system, and SDS.
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Section updated to reflect that the percent of the ingredient can be withheld as a trade secret.
OSHA does allow for flexibility in terms for indicating information is being withheld as a trade secret, such as the use of “confidential,” “confidential business information,” or “proprietary.”
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February 9, 2015 May 29, 2015
July 9, 2015 28
OSHA is using its enforcement discretion in limited instances.
Applies in limited situations where a manufacturer or importer have not received classification and SDS information from upstream suppliers of raw materials.
• The legal basis for this accommodation is 1910.1200(d)(3)(ii), which permits manufacturers to rely on information on the SDSs it received when classifying mixtures.
Time Periods
• Must prepare HCS 2012 SDS within three months of receiving hazard information from upstream supplier.
• Must prepare HCS 2012 labels within six months of date it prepared HCS 2012 SDS.
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Applies to manufacturers and importers that have exercised “reasonable diligence and good faith” to obtain hazard classification information, but have not been able to due to circumstances beyond their control.
“Reasonable diligence” and “good faith” exception only apply if manufacturer’s or importer’s label and MSDS comply with HCS 1994.
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Consider whether the manufacturer or importer:◦ developed and documented:
the process to gather the necessary classification information from upstream suppliers.
Wrote, emailed, called upstream supplier?
◦ efforts to find hazard information from other sources.
◦ Written account of dialogue: with upstream suppliers, including dated copies of all
communication. with distributors, including dated copies of all
communication.
◦ Course of action (clear timeline) manufacturer will take to update SDSs and labels.
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Manufacturers/Importers (including those that repackage, blend, mix):
Existing stock packaged for shipment (e.g. boxed, palletized, shrink-wrapped) prior to June 1, 2015 can be shipped downstream provided the containers are HCS 1994-complaint labeled; no relabeling required.• Chemicals packaged for shipment after June 1, 2015 must be labeled with
HCS 2012-compliant labels.
HCS 2012-compliant labels supplied for each and everyindividual container shipped and the appropriate HCS 2012-compliant SDS(s) must be provided unless “reasonable diligence and good faith” can be demonstrated.
After June 1, 2017, all containers shipped by a manufacturer or importer must be HCS 2012-compliant labeled.
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Distributors:
Distributors permitted to ship chemicals with HCS 1994 labels until Dec. 1, 2015.
Due to potential delays on the part of the manufacturer/importer to be incompliance, some distributors may be affected. ◦ distributors may continue to ship containers with HCS
1994 labels, if they also exercised good faith.
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▶ Existing stock packaged for shipment and containers that are HCS 1994-compliant labeled before December 1, 2015, may continue to ship those containers downstream. • No requirement to re-label packaged for shipment containers with
HCS 2012-compliant labels.
▶ If HCS 2012-compliant labels and SDS are available, the distributor must provide a HCS 2012-compliant label for each and every container shipped and the appropriate HCS 2012-compliant SDS(s).
▶ All containers shipped after December 1, 2017, must be HCS 2012-compliant labeled unless they can demonstrate reasonable diligence and good faith efforts.
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Highlighted Responses to HCS Questions
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▶ CPSC vs. HCS 2012 labeling requirements• Any hazardous chemical that is not subject to CPSC exemptions
or other exemptions listed in (b)(5) must be labeled in accordance with the HCS 2012 requirements.
▶ Academic and research laboratories that are covered under 1910.1450 are exempt from the HCS 2012.
▶ Federal Railroad Administration (FRA) does not preempt OSHA from enforcing the HCS 2012 with regards to hazmat workers.
▶ RCRA vs. HCS 2012
• When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HCS if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the other HCS exemptions.
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Some manufacturers, importers, distributors, or employers may want to comply with more recent or future versions of GHS issued by the UN, such as Revision 4 or more recent.
However, using Rev 4 or a more recent version may result in non-compliance with the HCS 2012.
An example of differences between revisions of the GHS includes flammable aerosols vs. aerosols in Rev. 3 and Rev. 4.
◦ A serious citation may be issued if following Rev. 4 for aerosols in certain situations.
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▶ Label elements must be affixed to the immediate container holding the chemical, not the outside packaging (case-by-case exception).
▶ A key or numbering system is NOT an acceptable form of labeling.
▶ Tags, pull-out labels, or fold-back labels can be used to label small containers:• must be legible.
▶ Includes small containers such as laboratory samples.
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▶ If tags, pull-out labels, or fold-back labels cannot be used, OSHA’s practical accommodation for small shipped containers includes:
• Product Identifier;
• Appropriate pictogram(s);
• Manufacturer's name and phone number;
• Signal word;
• A statement indicating the full label information for the chemical is provided on the outside package.
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OSHA is maintaining the approach used in the current HCS that allows employers to use workplace-specific labeling systems as long as they provide the required information.
However, such workplace label systems may need to be updated to make sure the information is consistent with the new classifications.
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▶ OSHA does not regulate labels that are required or recommended by another regulatory agency or consensus standard organization such as CPSC, DOT, FDA, or NFPA/HMIS.
▶ All of the required HCS 2012 information must be on the label -(f)(1).
▶ Section C.3.1 of Appendix C to HCS 2012 allows supplementalinformation to be added to labels so long as the information does not contradict or cast doubt on the validity of the required HCS 2012 label information.
▶ HMIS or NFPA rating system may be used as part of an employer’s workplace labeling system, if used in accordance with the HMIS/NFPA guidelines and does not cast doubt or contradict the validity of the label information.
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PELs, TLVs or other occupational limits are required to be listed in Section 8 when:
• The substance is present in the mixture above its cut-off value.• If the substance is present below its cut-off value but contributes to the
hazard classification of the material.
◦ Where a component of a product may be released above the PEL or TLV, information must be included regardless of if the component is below the cut-off value.
The chemicals listed in Section 8 should be listed also in Section 3 to avoid questioning the validity of the SDS.
If section 8 does not have the same list as section 3, it is suggested that in lieu of listing all the ingredients in section 8, that a statement be added indicating that other ingredients do not have occupational limits.
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▶ The HCS 2012 requires the immediate container to be labeled, the standard does not require labels on outside shipping containers.
▶ If a shipped container is also the immediate container, then DOT and HCS 2012 labels are both required.
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▶ A separate SDS is required for each distinct hazardous chemical.
▶ When a manufacturer or importer intends for a chemical to be used with another chemical and that use creates a new hazard, the manufacturer must also disclose those hazards on the SDS (Section 10).
• Example – epoxy glue
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The product identifier on the label and the SDS must match word for word. The named party must also be the same on both.
Provides a unique means for a user to identify the chemical.
Any party who changes the SDS or label becomes responsible for both.
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Example work operations - marine cargo handling, warehousing, retail sales.
Labels on incoming containers are not removed or defaced.
Maintain incoming SDS, or obtain SDS if employee requests one; readily accessible
Employees provided information and training to the extent necessary to protect them in the event of spill or leak.
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▶ Imports – duty to label begins when the importer takes control; when the first employee is exposed.
▶ Exports – Depends on scenario:
• Sent out immediately to country of destination;
• Stored on-site before shipping;
• Stored off-site (e.g., company or third party warehouse) before shipping.
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Employer responsibilities have not changed under HCS 2012:
• It is not the responsibility of the employer to create new SDSs.
• Employers must have and maintain SDSs and make them available to employees.
• OSHA will not cite employers for maintaining the most recent version of the MSDS.
◦ When a more current MSDS/SDS is received the employer must replace the older version.
• If a manufacturer goes out of business, the employer must maintain the most recent version of the MSDS/SDS.
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Where both MSDSs and SDSs are maintained, the employer’s hazard communication program must reflect this, and
• Employees must be trained on the differences between MSDSs and SDSs.
Whenever an employer learns of new hazards, they must provide training to employees.
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The host employer and the staffing agency are joint employers of the worker.
Temporary workers are entitled to the SAME protections under the OSH Act as all other covered workers.
Both employers must communicate, coordinate, and collaborate in their efforts.
Although the host, generally, has primary responsibility for identifying hazards and complying with worksite specific health and safety requirements, the staffing agency also has a duty to ensure a safe workplace.
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Effective Date
Requirement(s) Who
June 1, 2016
1) Update alternative workplace labeling – (f)(6);
2) Update hazard communication program as necessary – (h)(1); and,
3) Provide additional employee training for newly identified physical or health hazards – (h)(3).
Employers
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HCS Violation SummaryDec. 1, 2013 – September 1, 2015
(federal data only)
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10460 -
total HCS
violations
Serious - 5623
Willful - 11
Repeat - 243
Other – 4583
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1910.1200 – Top ViolatedHazard Communication Standards
1910.1200(e)(1) – written program
1910.1200(h)(1) – information and training program
1910.1200(h)(3)(iv) – training on shipped labels, workplace labeling & SDS
1910.1200(g)(8) – maintain MSDS/SDS and readily accessible during each work shift
1910.1200(g)(1) – mfg/importer obtain or develop SDS; employer have a SDS for each chemical
1910.1200(f)(5)(i) and (ii) – container labeling
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OSHA Compliance Assistance
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OSHA’s Safety & Health Topics Page:
• https://www.osha.gov/dsg/hazcom/
OSHA QuickCards/Fact Sheets/Brief
• Safety Data Sheets, Labels, Pictograms
• Comparison of NFPA 704 & HCS 2012 labels
Small Entity Compliance Guide• http://www.osha.gov/Publications/OSHA3695.pdf
Publications: 1-800-321-6742 (OSHA)
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Guidance for employers implementing hazard communication programs.
Does not address how to classify a chemical.
Focuses on parts of the standard that apply to employers.
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The guide provides a step-by-step approach to compliance.
It also includes two appendices—a sample written hazard communication program, and a quick guide to hazard communication training.
A fact sheet has also been issued that summarizes the steps to compliance.
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Classification Guidance – in clearance process
• Weight of Evidence• Hazard Classification
Model Training – in clearance process
• Provide a course curriculum that employers can adapt to their particular work site.
• Pilot scheduled for this summer.
▶ US/Canada fact sheets
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OSHA Compliance Assistance Specialists (CAS)
▶ Located throughout the nation in most OSHA offices.
▶ A CAS can provide:• Information to employers and workers about OSHA
standards;• Short educational programs on specific hazards or OSHA
rights and responsibilities; and• Information on additional compliance assistance
resources.
▶ For more details, visit http://www.osha.gov/dcsp/compliance_assistance/cas_directory_auto.html or call 1-800-321-OSHA [6742] to contact your local
OSHA office.
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Free and confidential advice to small and medium-sized businesses in all states.
On-site Consultation services are separate from enforcement and do not result in penalties or citations.
Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health program management approaches and best practices.
https://www.osha.gov/dcsp/smallbusiness/consult.html
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Contact Information:Lana Nieves
Sven RundmanOSHA, Office of Health Enforcement
202-693-2190
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Thank you for attending today’s
Webinar on the Inspection Procedures
for the Hazard Communication
Standard 2012
OSHA’s Hazard Communication Website:
http://www.osha.gov/dsg/hazcom/index.html
SCHC Website: www.schc.org
Disclaimer: Comments and opinions expressed by the speakers do not
necessarily reflect the opinions or beliefs of OSHA and SCHC.
TM
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