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Compliance

Occupational Safety and Health Act: Hazard Communications

PURPOSE

The purpose of the Occupational Safety and Health Act is to declare and enforce safety requirements to reduce occupational safety and health hazards and provide safe and healthful working conditions for all workers. The purpose of the Occupational Safety and Health Administration’s Hazard Communication Standard (HCS) is to ensure that employers and employees are aware of the dangers posed by all chemicals classified as potentially hazardous.

HISTORY

Before the federal government was granted the authority to create and apply safety regulations, early American laborers faced extensive hazards in the workforce. On December 29, 1970, President Richard Nixon signed the Williams-Steiger Occupational Safety and Health Act. It became the first act to give the federal government authority to set and enforce safety requirements pertaining to heath standards for workers.

The Hazard Communication Standard was first published in 1983. Originally, its scope extended only to employees in the manufacturing industry, but it was expanded in 1987 to cover all industries in which employees are exposed to hazardous chemicals. The HCS was modified again in 2012 to conform to the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals.

APPLICABILITY TO BYU–HAWAII

The provisions of the HCS apply to all chemical manufacturers, importers, and distributors, and to all employers with employees that work with or are exposed to hazardous chemicals under normal working operations or in foreseeable emergencies in the workplace.

BYU–Hawaii has employees who may be exposed to hazardous chemicals in the workplace in a variety of employment fields, such as within the biochemistry, biology, chemistry, and physical science programs, as well as general campus positions such as custodial and grounds maintenance positions.

REQUIREMENTS

Under the HCS, chemical manufacturers, importers, and employers are required to

  1. Classify the potential hazards of any chemicals used in the workplace and
  2. Inform employees of those hazards.

Chemical distributors are required to transmit required information concerning chemical hazards to employers.

A. Hazard Classification

Chemical manufacturers and importers must (1) evaluate all chemicals produced or imported in the workplace; (2) determine the hazard classes of each chemical; and (3) where appropriate, determine the category of each class that applies to the chemical. However, employers are not required to classify chemicals themselves as long as they choose to rely on the classification performed by the chemical manufacturer or importer.

Chemical manufacturers, importers, and employers classifying chemicals must identify and consider the full range of available scientific literature and other evidence to determine the potential hazards.

When chemical manufacturers and importers need to classify mixtures, they may rely on the information from the current Safety Data Sheets (SDS) for each individual ingredient, unless the manufacturer or importer knows that the SDSs misstate or omit necessary information.

B. Written Hazard Communication Program

Employers must develop, implement, and maintain a written hazard communication program at each workplace which describes how the requirements for labels, other forms of warning, SDSs, and employee information and training will be met. This program must also include

  1. A list of all hazardous chemicals known to be present in the workplace and the product identifiers referenced in the appropriate SDS; and
  2. The methods the employer will use to inform employees of the chemical hazards of any nonroutine tasks, as well as the hazards associated with chemicals contained in unlabeled pipes within the workplace.

If an employer produces, uses, or stores hazardous chemicals at the workplace in a way that might expose employees of other employers to the chemicals, the employer must ensure that the hazard communication programs include

  1. the methods the employer will use to provide other employers on-site access to the appropriate SDSs for each chemical that employees may be exposed to while working;
  2. the methods the employer will use to inform other employers of any precautionary measures that need to be taken to protect employees under normal working conditions and in foreseeable emergencies; and
  3. the methods the employer will use to inform other employers of the labeling system used in the workplace.

The employer must make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary of Labor, and the Director of the National Institute for Occupational Safety and Health.

If employees must travel between multiple workplaces during a shift, the written hazard communication program may be kept at the primary workplace facility.

C. Labels

1. Labels on Shipped Containers

All containers holding hazardous materials leaving a workplace must be labeled, tagged, or marked unless the hazards are not classified under the HCS or the Globally Harmonized System (GHS). Where labels are required, the following information must be included:

1. Product identifier;
2. Signal word;
3. Hazard statement(s);
4. Pictogram(s);
5. Precautionary statement(s); and
6. The name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.

This information must be prominently displayed in English (and other languages, if appropriate) and in accordance with specific requirements set forth in the regulations.

Chemical manufacturers, importers, and distributers must ensure that any container of hazardous chemicals leaving the workplace is not labeled, tagged, or marked in any way that conflicts with the requirements of the Hazardous Materials Transportation Act (HMTA) and related regulations. The HMTA sets forth regulations for the purpose of minimizing risks to life, property, and the environment when transporting hazardous materials.

2. Workplace Labeling

Containers of hazardous chemicals in the workplace must be labeled, tagged, or marked with either all of the same information required of shipping labels (see above) or a product identifier and words, pictures, symbols, or any combination thereof which provide general information about the hazards of the chemicals. To fulfill this requirement, employers may use signs, placards, process sheets, batch tickets, operating procedures, or other written materials instead of attaching labels to each individual container, as long as the alternative method identifies the applicable containers and conveys the information required for shipping labels.35 All written materials must be readily accessible to employees
in the workplace throughout each shift.

Employers must not remove or deface existing labels unless the label is immediately replaced with another label that has all of the required information. Employers also must ensure that (1) workplace labels or any other forms of warning are legible; (2) written in English (and other languages, if appropriate); and (3) prominently displayed on the container or readily available in the workplace during every shift. If a chemical manufacturer, importer, distributor, or employer becomes aware of new and significant information regarding hazards of a chemical, it must revise the label(s) within six months and ensure that all labels from that time forth address the new information.

D. Safety Data Sheets

Chemical manufacturers and importers must obtain or develop a Safety Data Sheet (SDS) for each hazardous chemical they produce or import. The chemical manufacturer or importer must ensure that each SDS (1) is in English (and other languages, if appropriate); (2) contains the following section numbers and headings; and (3) contains all the required information under each of the following headings, in this order:

1. Identification;
2. Hazard(s) identification;
3. Composition/information on ingredients;
4. First-aid measures;
5. Fire-fighting measures;
6. Accidental release measures;
7. Handling and storage;
8. Exposure controls/personal protection;
9. Physical and chemical properties;
10. Stability and reactivity;
11. Toxicological information;
12. Ecological information;
13. Disposal considerations;
14. Transport information;
15. Regulatory information; and
16. Other information, including date of preparation or last revision.

If a chemical manufacturer or importer cannot find any relevant information for any sub-heading on the SDS, they may mark it to indicate no applicable information was found. If complex mixtures of chemicals have similar hazards and contents, the chemical manufacturer, importer, or employer may maintain a single SDS to apply to all similar mixtures.

If a chemical manufacturer, importer, or employer preparing an SDS becomes aware of new and significant information regarding the hazards of a chemical or preventative measures against a hazard, this information must be added to the SDS within three months, or before the chemical is introduced into the workplace if it has not been already.

Chemical manufacturers, importers, and distributors must provide the appropriate SDS(s) with each initial shipment of hazardous chemicals, and the first shipment after an SDS is updated. They may provide the SDSs with the shipped containers or send them directly to the distributor or employer receiving the containers before or at the time of shipment.

If an SDS is not provided with a shipment, the receiver of the shipment must obtain it from the manufacturer or importer as soon as possible, and the manufacturer or importer must provide the SDS upon request.

Employers must (1) maintain copies of the required SDSs for each hazardous chemical in the workplace and (2) ensure that all copies are readily accessible to employees during every shift.

SDSs must be readily available, upon request, to any designated representatives, the Assistant Secretary of Labor, and the Director of the National Institute for Occupational Safety and Health.

E. Employee Training and Information

Employers must provide all employees with information and training concerning hazardous chemicals in the workplace at the time of hiring and any time a new chemical hazard is introduced into the workplace. Information must include the following:

  1. The requirements of the HCS;
  2. Any operations in the workplace where employees may be exposed to hazardous chemicals; and
  3. The location and availability of the written hazard communication program, including the
  4. required list(s) of hazardous chemicals used in the workplace and the necessary SDSs.

Training for employees must include the following:

  1. Methods and observations that can be used to detect the presence or release of a hazardous chemical in the work area;
  2. The physical and health hazards of all chemicals used in the workplace (including asphyxiation, combustible dust, pyrophoric gas, and any other hazards not otherwise classified);
  3. The measures employees can take to protect themselves from these hazards, including
    appropriate work practices, emergency procedures, and personal protective equipment; and
  4. The details of the hazard communication program developed by the employer, including an explanation of the labeling system used in the workplace and on received shipping containers, all SDSs used in the workplace, and how employees can obtain and use the appropriate hazard information.

F. Trade Secrets


Chemical manufacturers, importers, or employers may withhold the specific chemical identity or exact concentrations of a substance in a mixture as long as all of the following apply:

  1. The information withheld is a trade secret, and support can be provided for this claim;
  2. 2Information concerning the properties and effects of the hazardous chemical is disclosed in the SDS;
  3. The SDS indicates that the specific chemical identity or exact concentrations of a substance are being withheld as a trade secret;
  4. The specific chemical identity or exact concentrations of a substance are made available to health professionals, employees, and designated representatives in cases where it is required by the HCS.

The chemical manufacturer must immediately disclose the specific chemical identity or exact concentrations of a substance if (1) a treating physician or nurse determines there is a medical emergency; and (2) the specific chemical identity or exact concentrations of a substance are needed for treatment.

Chemical manufacturers may also be required to disclose the specific chemical identity or exact concentrations of a substance in non-emergency situations. If the health professional, employee, or designated representative receiving the disclosed information deems it necessary to disclose the information to OSHA, then the chemical manufacturer, importer, or employer must be informed prior to or at the time of the disclosure.

A chemical manufacturer, importer, or employer may deny a written request for the disclosure of a specific chemical identity or exact concentrations of a substance if the denial meets specific requirements outlined in the regulations. If a request is denied, the individual or party seeking the withheld information may refer the request and written denial to OSHA for consideration. If OSHA determines that a denial is not valid based on the provided information, the chemical manufacturer, importer, or employer will be subject to citation.

G. Exceptions

Laboratories are classified separately from other general workplaces, and the provisions of the HCS only apply to them as follows:

  1. Employers must ensure the labels on all incoming containers of hazardous chemicals are not removed or defaced.
  2. Employers must maintain all SDS that are received with incoming shipments of hazardous chemicals, and make them readily accessible to laboratory employees in the work area.
  3. Employers must provide employees with the necessary information and training (detailed in this memo under Employee Training and Information), except for the location of the written hazard communication program.
  4. Employers that ship any hazardous chemicals are considered manufacturers or distributors under this rule, and must ensure that all containers of hazardous chemicals are labeled in accordance with the relevant labeling requirements (detailed in this memo under Labels), including any necessary SDSs.

In work operations where employees only handle chemicals in sealed containers which are not opened under normal work conditions, the provisions of the HCS only apply as follows:

  1. Employers must ensure the labels on all incoming containers of hazardous chemicals are not removed or defaced.
  2. Employers must maintain copies of all SDSs that are received with incoming shipments of sealed containers of hazardous chemicals.88 If an employee requests an SDS for a container and one was not received with a shipment, the employer must obtain an SDS as soon as possible, and ensure all SDSs are readily accessible to employees in the work area.
  3. Employers must provide employees with the necessary information and training (detailed in this memo under Employee Training and Information), except for the location of the written hazard communication program.

Under the HCS, the following chemicals do not require labeling:

  1. Any pesticides as defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136) that are subject to the labeling requirements of that Act and related regulations.
  2. Any chemical substance or mixture as defined in the Toxic Substances Control Act (15 U.S.C. §§ 2601–2629) that are subject to the labeling requirements of that Act and related regulations.
  3. Any food, food additive, color additive, drug, cosmetic, medical or veterinary device or product as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 301–399) or the Virus Serum-Toxin Act of 1913 (21 U.S.C. §§ 151–159) when they are subject to the labeling requirements of those Acts and related regulations.
  4. Any alcoholic beverages, wine, or malt beverages not intended for industrial use as defined in the Federal Alcohol Administration Act (27 U.S.C. §§ 201–129) when subject to the labeling requirements of that Act and related regulations.
  5. Any consumer product or hazardous substance as defined in the Consumer Product Safety Act (15 U.S.C. §§ 2051–2089) and Federal Hazardous Substances Act (15 U.S.C. §§ 1261–1278) when they are subject to the labeling requirements of those Acts and related regulations.
  6. Agricultural or vegetable seeds treated with pesticides that have been labeled in accordance with the Federal Seed Act (7 U.S.C. §§ 1551–1611) and related regulations.

PENALTIES

Any employer who willfully or repeatedly violates the provisions of the Occupational Safety and Health Act or any relevant regulations may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation.