HAZARD COMMUNICATION STANDARD (HCS) COMPLIANCE DIRECTIVE CPL 2-2.38D

HAZARD COMMUNICATION STANDARD (HCS) COMPLIANCE DIRECTIVE CPL 2-2.38D

Brief History of HCS Nov. 25, '83 First publication of HCS Covered manufacturing sector SIC 20 - 39 US Court of Appeals ordered expansion with out further rulemaking Aug. 24, '87 Final Rule covering all employers published in Federal Register, but..

History CPL, con't. OSHA Temporarily Prohibited from Enforcing: * Rule in Construction * Three requirements in all industries: - Requirement to provide & maintain Material Safety Data Sheets on Multi-employer Worksite - Coverage of consumer products - Coverage of drugs in non- manufacturing sector

History CPL, con't. Feb. 21, '90 Supreme Court decision to enforce all provisions in all industrial segments Feb. 09, '94 Publication of final rule for HCS (59 FR 6126). Included technical amendments and minor changes.

History CPL CPL 2-2.38C Last RevisedOct. 22, '90 CPL 2-2.38D Signed Feb. 09, '98 Became Effective Mar. 20, ‘98 *** *** Updated directive: - Provides guidance for changes to Std. - Incorporates interpretations since 1990 - Includes NACOSH recommendations

Organization of Directive Compliance Guidelines...Conduct Inspections/Issue Citations Appendix A....................Clarifications/Interpretations Appendix B....................Sample Letter for CSHO Use Appendix C....................Hazard Evaluation Procedures Appendix D....................Guide for MSDS Adequacy Appendix E....................Sample HazCom Programs

New Look!!! • Abstract Page • Table of Contents • Index

Really New and Cool! • Text formatted for Internet • Text hyperlinked with Table • of Contents and Index

Scope and Application (b) Laboratories (b)(3) (b)(3)(iii) - Revised to clarify intent of standard. Employers required to provide employeeswith information and training as in (h). Excludes written program. Merely providing MSDSs not considered training.

Scope and Application Laboratories (b)(3)(iv) Added as new subsection Covers lab employers who ship Hazardous Chemicals Requires hazard evaluation of (d), labeling (f)(1), and MSDS (g)(6) & (7) For newly developed chemicals, testing is not required

Consumer Products (CPs) (b)(6)(ix) - Directive provides citation guidelines, further instruction to field Agency policy not to issue citations for CPs unless: * Product usage inconsistent with manufacturer's intentions * Frequency & duration greatly exceeds that expected by normal consumer

Consumer Products, con't. Guidance for documenting case file: ** What info established the chemical as a CP? ** What is the hazardous chemical? ** Does duration of product use exceed CP usage? ** Does frequency of use exceed CP usage? ** Consistent w/manufacturer's intended use?

Cancellation Memorandum (Compliance Instruction) TO: Regional Administrators DATE: March 21, 1995 ENTITLED: HCS: Documentation of Citations Related to the Exposure to Hazardous Substances and Consumer Products

Articles (b)(6)(v) Guidance for documenting case file ** What is the hazardous chemical? ** What activities resulted in exposure? ** Include copy of MSDS, if available.

CPs/Articles Specific hazardous chemical must be described. In mixtures, include concentration of chemical. No citations shall list, for instance, "glue" or "brick" Must state hazardous chemical, e.g., “toluene" or “silica"

Labeling ANSI Standard Z129.1-1994 ** Provides useful information ** Generally helpful in complying with HCS ** States labeling is not only based on inherent properties / Customary and reasonably foreseeable use.

Labeling Employer must ensure in-plant containers labeled w/appropriate hazard warning (f)(5)(ii) OR Provide general information via symbols, pictures, etc., as long as other info required by HCS is immediately available

Alternative Labeling ** Permitted when employer's overall program proven effective ** Must ensure employees fully aware of hazards/ use and understanding of labeling system ** Employer bears burden of establishing that employee awareness equals or exceeds conventional labeling system

Labeling Stay of Enforcement -- Paragraph (f)(11) Requiring Manufacturers to update labels within 90 days OSHA will alert regulated community when lifted

MSDSs NACOSH Recommendations Concerns regarding proliferation of MSDSs OSHA endorse statement indicating whether MSDS required by HCS

MSDSs Directive already contained such a statement "This product is not considered to be or to contain hazardous chemicals based on evaluations made by our company under the OSHA Hazard Communication Standard, 29 CFR 1910.1200."

MSDSs NACOSH recommended OSHA endorse ANSI Z400.1-1993 Have included language endorsing order of presentation. Stated Z400 is becoming internationally accepted, provides guidance on section design, is a valuable tool, provides uniform approach, meets diverse needs, and is recommended by OSHA.

Electronic Access Extensive guidance under paragraph (g)(8) ** Devices must be readily accessible in workplace ** Workers must be trained in their use ** Must be back-up system to address emergencies

Electronic Access, con't. ** Workers must be able to obtain hard copies ** Hard copies must be available for emergency personnel ** Oral transmission over phone not adequate

Electronic Access, con't. Additional Citation Guidelines Include: "If an employer possesses an MSDS but it is not readily accessible to employees while in their work area, then a violation of (g)(8) shall be cited."

Electronic Access, con't. Citation Guidance: "Violations of (g)(8) shall be cited when an employer using electronic access as an integral part of the hazcom program does not have an adequate back-up system to address emergency situations."

Electronic Access NOT REQUIRING COMPANIES TO HAVE HARD COPIES (PAPER) AS BACK-UP FOR ELECTRONIC SYSTEMS

Employee Training & Info Clarified to include hazard categories Does not supercede intent of training Hazard categories must be linked with chemicals Training inadequate otherwise

Employee Training & Information, con’t. So… Language is included to emphasize that the intent of the standard is to make employees specifically aware of the hazard categories a product falls within.

Training Not necessary to retrain each new hire if employee has already received HCS training Rudiments of standard could be expected to remain with employee from one job to another HOWEVER...Current employer held responsible to ensure adequate training

Appendix E (Last, but not least...) Included two sample HazCom Programs to assist employers with written portion of HCS compliance

HAZARD COMMUNICATION STANDARD (HCS) COMPLIANCE DIRECTIVE CPL 2-2.38D