The Occupational Safety and Health Administration published a revision to its Hazard Communication Standard (HCS or HazCom) in the Federal Register on March 26, 2012 (
By aligning the HazCom Standard with GHS, OSHA has made important changes to the way hazardous chemicals are classified in the United States, as well as changes to safety data sheets and the labels on shipped containers of hazardous chemicals. Additionally, the changes affect stakeholders throughout the lifecycle of a chemical, namely: chemical manufacturers, distributors, and employers.
The changes OSHA is implementing in the HCS mirror changes being made to the hazard communication systems of over 65 countries that have already adopted or are in the process of adopting GHS. While the goal of GHS at the U.N. level is to create a set of global chemical classification rules and definitions as well as a universal approach to labels and safety data sheets, in reality the complexities involved in getting countries to adopt GHS require giving those adopting countries a good deal of flexibility. The result is that any country that adopts GHS is free to take only those components that it wants—this is what the United Nations calls the “building block approach.”
The building block approach has its benefits and disadvantages. On the upside, more countries are likely to adopt GHS since they have a great deal of latitude in their adoption. On the downside, the flexibility has resulted in countries adopting GHS in significantly different ways. For instance, the way Europe has adopted GHS is different from the way the United States has adopted it. Nonetheless, among countries that adopt GHS, their hazard communication systems more closely aligned post-adoption than they were prior to adoption.
OSHA Deadlines
It bears repeating that GHS adoption in the United States comes in the form of a revision to the Hazard Communication Standard. The HCS and its basic framework are not going anywhere. Modifications have been made to the standard, where necessary, to align it with GHS, yet it would be inaccurate to call OSHA’s revised standard “GHS.” OSHA is calling its newly revised standard HazCom 2012. It also now refers to its pre-revised standard as HazCom 1994.
As part of the promulgation of HazCom 2012, OSHA announced four major compliance deadlines for the three key stakeholders covered by the revised standard:
Dec. 1, 2013, Deadline
The first deadline centers on getting those employees exposed to hazardous chemicals in the workplace familiar with the changes HazCom 2012 brings to labels on shipped containers of hazardous chemicals and to safety data sheets. OSHA intentionally placed this training deadline in advance of the chemical manufacturer and distributor deadline—June 1, 2015—for making the actual updates to safety data sheets and labels, because OSHA wants employees to be trained on the changes before they encounter the new formats in the workplace.
OSHA believes, correctly, that many chemical manufacturers and distributors will reclassify chemicals and update hazard communication well before the deadline; and in fact, updated safety data sheets and labels have already entered the market place.
To assist employers in meeting the first deadline, OSHA recently provided guidance via three OSHA Briefs covering training, labeling, and safety data sheets.
• Training—http://www.osha.gov/Publications/OSHA3642.pdf
• Labeling—http://www.osha.gov/Publications/OSHA3636.pdf
• Safety Data Sheets—http://www.osha.gov/Publications/OSHA3514.pdf
Following is a summation of the guidance OSHA provides in the briefs. By Dec. 1, 2013, employees should be trained on the six standardized elements of a HazCom 2012-compliant shipped container label, how those label elements work together, and how the label can provide guidance in the case of emergency. Additionally, OSHA expects employees will be introduced to the new safety data sheet format, including the order and headings of its 16 sections.
Labels
Under HazCom 1994, labels (both workplace and on shipped containers) were performance-based, meaning OSHA largely left it up to the chemical manufacturer, distributor, or employer to decide what appeared on a chemical container label. Whether or not a label was compliant depended upon how well it “performed.” It was a highly subjective approach that required OSHA to judge how well a label communicated the hazards of a chemical.
Under HazCom 2012, the information that appears on shipped labels is prescribed and flows from the chemical classification process. (Workplace labels, discussed later, continue to be performance-based.) Shipped labels have the following six standardized elements:
1. Product Identifier—Chemical name, code number, or batch number that matches the same on the safety data sheet in section 1.
2. Supplier Information—Name, address, phone number of the chemical manufacturer, importer, or other responsible party.
3. Signal Words—Words that indicate the level of severity of the chemical. There are two signal words, “Danger” and “Warning,” only one of which appears on the label as a signal word at a time.
4. Pictograms—Black hazard symbols, on white backgrounds, with red diamond borders set on a point. Pictograms are used to quickly and visually communicate specific information about chemical hazards. The United Nations created nine pictograms, however, OSHA only mandates the use of eight of them. One U.N. pictogram is used for environmental hazards, which is outside of OSHA’s jurisdiction.
5. Hazard Statements—Short descriptions as to the nature of a hazard and, when appropriate, the degree of a hazard.
6. Precautionary Statements—Recommended guidance for minimizing or preventing exposure. There are four types of precautionary statements: prevention, response, storage, and disposal.
Employees should be trained to understand that in addition to the preceding six elements, shipped labels can also include supplemental information such as ingredient percentages, personal protective equipment (PPE) pictograms, expiration date, and/or fill date. Workers should also be given an understanding of the way chemical classification information flows to the label. For instance, chemicals with the exact same hazard classification should in theory result in shipped labels with the exact same pictograms, signal word, hazard statements, and precautionary statements.
If employers have older chemicals in the workplace, labeled by the manufacturer under HazCom 1994, the employers are not required to relabel such containers. Nevertheless, employers are expected to ensure employees are aware of all hazards related to the chemicals to which they are exposed. Thus, even if a container does not have to be relabeled, if an employer becomes aware of a new hazard associated with a chemical on premise, they are required to ensure employees are informed about, and trained on, the hazard.
Safety Data Sheets
Under HazCom 2012, the documents known as Material Safety Data Sheets or MSDSs undergo a name change and are instead called Safety Data Sheets or SDSs. The name change is nominal, as the information on an SDS is generally the same information found on MSDSs.
The central differences, on which employees should be trained for the Dec. 1, 2013, deadline, are that under HazCom 2012 SDSs are required to have 16 sections in a strict order, information in sections 1 and 2 correspond with the standardized elements on the shipped label, and the SDS is structured to place general information—useful in emergency situations—up front in section 1-8 while the more technical information is to the back in sections 9-11 and 16.
Employees should understand from training that when the SDS preparer does not have relevant information to provide for a mandated section on the SDS, that fact must be stated clearly on the SDS. And employees should know that sections 12-15 are outside of OSHA’s jurisdiction. The headings and numbers of these four sections must be included on the SDS, however, OSHA will not be enforcing content found therein.
The 16 sections, as outlined on OSHA’s Hazard Communication Quick Card SDSs:
Section 1, Identification
Section 2, Hazard(s) Identification
Section 3, Composition/Information on Ingredients
Section 4, First-Aid Measures
Section 5, Fire-Fighting Measures
Section 6, Accidental Release Measures
Section 7, Handling and Storage
Section 8, Exposure Controls/Personal Protection
Section 9, Physical and Chemical Properties
Section 10, Stability and Reactivity
Section 11, Toxicological Information
Section 12, Ecological Information
Section 13, Disposal Considerations
Section 14, Transport Considerations
Section 15, Regulatory Information
Section 16, Other Information
Employer responsibilities related to safety data sheets that are not changing include the requirement that SDSs be readily accessible to employees and that the SDS be in English. Other languages, in addition to English, are also allowed.
Additional Training Notes
OSHA does not require special certification to lead HazCom training. As with all Hazard Communication Training, for the Dec. 1, 2013, deadline, OSHA does require employees to be trained in a manner and language that they can understand, taking into consideration the education and literacy levels of the employees. OSHA also expects training to be effective—meaning employees are able to take what they learn into their daily jobs.
Given OSHA’s focus on HazCom 2012, employers should seriously consider documenting the training they do with employees. Documentation is not a requirement of HazCom 2012, nor was it a requirement of HazCom 1994, nonetheless, OSHA strongly recommends collecting the following information when doing HazCom-related training
• Title of lesson
• Date of presentation
• Learning objectives
• Training program outline
• Names of participants, with an identifier such as Social Security number
• Names of instructors
• Data, such as test results, to demonstrate that objectives were met
Once the Dec. 1, 2013, deadline has passed, employers with hazardous chemicals should be prepared for OSHA to follow up on training during inspections. Documenting efforts in this area will help mitigate compliance issues related to training.
June 1, 2015, Deadline
Chemical manufacturers and distributors bear the brunt of the transition to HazCom 2012 in the United States. They must classify chemicals using the adopted GHS criteria and then update labels and SDSs using the new elements and formats. Classification goes beyond simply determining that a chemical is hazardous. It now also includes determining the degree of the hazard, or the severity of the hazard, when directed.
As an example, under HazCom 1994, a chemical was either classified as a carcinogen or it was not. With HazCom 2012, it is not enough to determine that a chemical is a carcinogen; it must be further determined whether the chemical is a Category 1 or a Category 2 carcinogen. Category 1 carcinogens are further subdivided into 1A for known carcinogens and 1B for probable carcinogens. Once categorized, guidance found in the HazCom 2012 appendices can be used to determine exactly what hazard identification information will be included on the shipped label and in Section 2 of a safety data sheet.
Chemical manufacturers and distributors with obligations under the June 1, 2015, deadline should examine their classification and authoring needs to ensure they can meet the aggressive compliance timeline. For those organizations with a large number of MSDSs that need revising, smaller authoring staffs, or antiquated authoring software, revising even a handful of safety data sheets could consume significant resources (e.g., time, money, expertise). In such cases, outsourcing authoring tasks could be a viable and cost-effective solution.
Once chemicals have been reclassified and new labels and safety data sheets created, chemical manufacturers and distributors are only required to send updated SDSs and labels with the first shipment of a chemical or the first shipment after an update has been made. Manufacturers and distributors are not required to send out SDSs to past customers independent of a specific request by that customer or the placement of a new order.
Conversely, downstream users of chemicals who receive chemical shipments without updated SDSs after the June 1, 2015, deadline (or Dec. 1, 2015, deadline in the case of a shipment coming from a distributor as outlined in the next section) are expected by OSHA to make a good-faith effort to contact the supplier and secure the updated document.
December 1, 2015, Deadline
While OSHA would like to see all hazardous chemicals being shipped with updated SDSs and labels by the June 1, 2015, deadline, the agency understands that distributors may not be able to ship all manufacturer-labeled containers by that deadline. To compensate, OSHA is giving distributors an additional six months to move out containers labeled by the manufacture in compliance with HazCom 1994. After Dec. 1, 2015, all distributors operating in the United States are required to have HazCom 2012-compliant labels on all hazardous chemical containers they ship.
June 1, 2016, Deadline
The final HazCom 2012 compliance deadline targets employers. June 1, 2016, is the date by which employers should have made any necessary updates to their written Hazard Communication program and workplace labeling system. It is also the date by which employees must be trained on any new hazards that were identified during the reclassification process.
It is possible that even chemicals that have long been used in the workplace will have new hazards identified during the reclassification process—hazards on which employees will need to be trained. Employers will have to ferret out these hazards by paying close attention to incoming safety data sheets over the next few years and comparing the new safety data sheets to the older ones. That’s all the more reason documenting HazCom training is a valuable strategy, as any new hazards can be compared against the specific list of hazards on which employees have already been trained.
Special note: Those employers covered by certain OSHA substance-specific standards (e.g., the Lead Standard) may find they have accelerated timelines for achieving full compliance with HazCom 2012. Likewise, those employers who manufacture their own chemicals for use in-plant or ship contaminated clothing or HazMat waste could find their deadlines for compliance with certain HazCom 2012 provisions fall before the June 1, 2016, deadline.
WORKPLACE LABELS
As mentioned above, workplace labels continue to be performance-based under HazCom 2012. OSHA has stated that employers can continue to use their current workplace labeling system so long as it meets HazCom requirements for communicating hazards to employees. More specifically, OSHA lays out four options for employers in regard to workplace labels:
I. Employers can provide all of the information contained on a shipped label.
II. Employers can use some combination of the elements of a shipped label, which, in addition to training and other materials available in the workplace, conveys specific information about the chemical’s hazards.
III. Employers can use a labeling system of their own creation as long as it too conveys all of the physical and health hazards associated with a chemical.
IV. Employers can continue to use NFPA and HMIS labels, again so long as employees are fully informed as to the hazards to which they are exposed.
When it comes to workplace labels, OSHA sets the bar very low for what must be on a workplace label. However, it sets the bar very high for how that label must perform. Essentially, the workplace label, plus training, plus other information in the workplace must provide the employees with a level of understanding about hazards that compares favorably with the level of information conveyed by the shipped label. OSHA tests for workplace label compliance by placing a workplace labeled container in front of an employee and sees whether the employee can correlate the information on the label with the chemical and applicable hazard warnings.
As pointed out in item IV above, OSHA has explicitly stated that companies can continue to use NFPA and HMIS systems. Employers electing to do so should keep in mind that regardless of what in-house workplace labeling system is used, employees will still need to be trained on HazCom 2012 shipped label elements. So it follows that any workplace labeling system deviating from the HazCom 2012 label will require training in addition to the shipped label training.
OSHA does expect workplace labels will be updated as new information becomes available to employers. This is one reason employers have until June 1, 2016, to come into full compliance. OSHA believes the transition period will provide employers enough time to make necessary changes to workplace labels and signage.
Responsibilities not changing for labels under HazCom 2012 are that labels must be in English, additional languages are permitted in addition to English, and that missing or defaced labels must be immediately replaced.
10 STEPS TO COMPLIANCE
Having covered the basics of HazCom 2012 and impending deadlines, this section will cover 10 practical steps employers can take to make the transition a smooth one.
Step 1. Shore up compliance with the five main HazCom employer responsibilities:
I. Have a written hazard communication plan that details the way hazardous chemicals are managed in your facility.
II. As part of your written hazard communication plan, maintain an up-to-date chemical inventory listing all hazardous chemicals in the workplace to which employees are exposed.
III. Use labels and warning labels properly throughout the facility.
IV. Maintain safety data sheets for every chemical on the inventory list and make them readily accessible to employees.
V. Train and educate employees on HazCom as well as on the specific hazards of the chemicals to which they are exposed.
According to Jennifer Silk and Maureen Ruskin, two of the leading experts on HazCom 2012, a major issue with the transition to HazCom 2012 is the extent to which employers are out of compliance with their basic HazCom 1994 responsibilities.
Step 2. Prepare for the SDS Churn. Perceptive employers reading about the changes to safety data sheets will understand that wholesale changes to the MSDS format will necessarily result in dramatic changes to MSDS libraries. Many companies today use dozens, hundreds, or even thousands of hazardous chemicals, meaning they (should) also have a corresponding safety data sheet for each. Under HazCom 2012, almost all of those safety data sheets will be updated in the near future. As part of the transition to HazCom 2012, employers will want a strategy for managing that MSDS churn.
The final rule on HazCom 2012, as published in the Federal Register, states explicitly that electronic management of SDSs is allowed. SDSs managed electronically in a good system can be used to generate labels, cross-reference regulatory lists, and provide robust reports and chemical approval workflows. The best electronic systems can also help facilitate the move toward safer, more sustainable chemical alternatives by identifying and tracking the most hazardous ingredients in your facility.
Step 3. Understand that compliance could get messy. OSHA says that during the transition, employers can comply with HazCom 1994, HazCom 2012, or a combination of the two. In practical terms, for things like safety data sheet libraries, employers could have 16 section HazCom 2012-compliant safety data sheets next to 8, 12 or 16 section HazCom 1994-compliant safety data sheets. Furthermore, as chemical manufactures work toward compliance today, it is often an iterative process. It is not uncommon these days to see “Frankenstein” styled safety data sheets with a mixed bag of compliance elements—GHS styled pictograms and other elements incorporated on safety data sheets that are otherwise outside the GHS format.
Keep in mind that employers and online safety data sheet databases can only update their libraries as quickly as chemical manufacturers and distributors make the necessary changes. Employers would be wise to keep a close eye on incoming safety data sheets to track the move toward GHS alignment and to understand, as evidenced in the current marketplace, those moves may come in stages.
Step 4. Safely dispose of chemicals that are expired or no longer in use to reduce risk to employees and liability to employer. The easiest way to be in compliance is to eliminate the hazard altogether.
Step 5. Develop a secondary container label strategy. “HazCom 2012,” OSHA Director David Michaels is fond of saying, “gives employees the right to understand.” Employers may want to ensure their workplace labeling strategy captures that same spirit. The question is not, as some employers have asked, “How little can be put on a label and still be considered compliant?” The real question is, “How best can a workplace label be constructed to convey the maximum amount of relevant information to the employee?”
Step 6. Budget for compliance. It could easily be argued that this should be the first step in HazCom 2012 compliance. OSHA estimates that HazCom 2012 will result in over $500 million in annual savings—over the long run. Over the short run, employers should expect that the transition to GHS will cost time and money. Organizations should make allowances for training and other resources necessary to meet the compliance demands of HazCom 2012.
Step 7. Talk to your chemical suppliers. In the final rule, OSHA discusses the importance of transitioning the entire hazardous chemical supply chain in the United States to HazCom 2012. The chemical supply chain is an interconnected system, and for it to work properly, the entire system needs to be in alignment. By asking suppliers about their plans to transition to HazCom 2012, employers can help bring about a faster and more robust adoption—which in turn should make it easier for everyone in the supply chain.
Step 8 Remember obligations under SARA, the Superfund Amendments and Reauthorization Act of 1986. If your company has Tier II reporting obligations, your organization may also have responsibilities to share updated safety data sheets and other information in a timely fashion with local and state emergency response agencies, as well as the local fire department.
Step 9 Take advantage of available resources. OSHA has published a number of briefs, quick cards and supporting documents to assist affected parties in the transition to HazCom 2012. Additionally, there are scores of articles, blog posts, free webinars, and checklists available to safety professionals online.
Step 10 Keep an eye on GHS in the future. The United Nations has revised its version of GHS every couple of years. It is likely to continue to do so for the foreseeable future as more countries adopt GHS and better data and best practices make their way through the development process. Many of those changes are likely to make their way to the United States. Furthermore, developments in countries such as Canada will continue to shape the domestic regulatory landscape.
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