OSHA HCS Fact or Fiction Game, 29 CFR 1910

1
Hazard Communication
HCS Compliance
Fact & Fiction
www.MSDSonline.com 1.888.362.2007

1.888.362.2007
www.MSDSonline.com
sales@MSDSonline.com
2www.MSDSonline.com 1.888.362.2007

3
Goals for this PresentationGoals for this Presentation
Review the HCS
HCS fact & fiction
Challenges related to compliance
Persuade you to take steps to ensure
your organization’s compliance

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HCS
What is it?

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An OSHA Regulation
What is HCS?What is HCS?
Also known as…

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Hazard Communication
1910.1200 HCS
The Reg
HazCom Standard
HazComHazCom
The HazCom Reg
29 CFR 1910.1200

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Adopted in 1983
Covers 100+ Million Workers
7+ Million American Workplaces
What is HCS?What is HCS?
An OSHA Regulation

Purpose of HCSPurpose of HCS
“…to ensure hazards of all chemicals
produced or imported are evaluated
and details regarding their hazards
are transmitted to employers and
employees”
“Ensure requirements are
consistent nationwide”
Photo from www.clker.com by user “OCAL”

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Chemicals CoveredChemicals Covered
Physical Hazards
− Combustible liquids
− Compressed gases
− Explosives
− Flammables
− Organic peroxides
− Oxidizers
− Pyrophorics
− Unstable (reactive) materials
− Water-reactives

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• Carcinogens
• Toxic agents
• Reproductive toxins
• Irritants
• Corrosives
• Sensitizers
• Hepatotoxins
• Nephrotoxins
• Neurotoxins
• Agents which act on the
hematopoietic system
• Agents which damage
the lungs, skin, eyes or
mucous membranes
Health Hazards
– Chemicals that may produce acute or chronic
health effects in exposed employees
Chemicals CoveredChemicals Covered

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Chemical Manufacturers
− Evaluate hazards of chemicals
− Provide labels & (M)SDSs to employers to which they ship chemicals
Importers & Distributors
− Provide labels & (M)SDSs to employers to which they ship chemicals
Employers Who “Use” Chemicals
− Inventory hazardous chemicals
− Prepare and implement written program
− Ensure that all in-plant containers are properly labeled
− Ensure that (M)SDSs are obtained for all hazardous chemicals
− Train employees
Who has Responsibilities?Who has Responsibilities?

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Include All Chemicals that are Hazardous and
Have the Potential for Employee Exposure
Inventory of ChemicalsInventory of Chemicals
Consider Chemicals in All Physical Forms
− Liquids, solids, gases, vapors, dust, etc.
Identify Chemicals in Containers, including Pipes
− Inventory hazardous chemicals
Consider Chemicals Generated in Work
Operations
− Welding fumes, dusts, exhaust fumes, etc.

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A LOT
OF GREY
AREA
overlapping regulations and Acts
“minute or trace amounts”
“reasonable amount”
“readily-accessible”

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Letters of Interpretation
Mostly Situation-
Specific Questions
Questions Around
Applicability, Defining
Terms, etc.
Most are Simply Trying
to Ensure They’re
Compliant…
Some are Looking for
Technicalities

The Compass of Common Sense Will
Get You Through Most Interpretation
“A Common Sense Reg”“A Common Sense Reg”
Check the OSHA Web Site
for Letters of Interpretation
Related to Your Question(s)
Largely Dependent on Your
Environment

HCS Main Requirements
Written Plan
Labels & Warnings
(M)SDS Documents
Training
Specific criteria and requirements for the HCS Regulation
are available on OSHA’s Web site www.osha.gov
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22
33
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© Photo from stock.xchng.. User “andreyutzu”

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Written Plan
11 22 33 44

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Written HCS Program
Must Include All of the Following:
List of present chemicals (entire workplace/ individual work area)
Identify employee(s) who are responsible for components of the plan
Explain where written materials are available
Describe how the facility will meet the requirements for
• Labels and other forms of warning (what to look for, etc…)
• Safety Data Sheets “(M)SDSs” (how to read them, etc…)
• Employee information and training
Reflective of Your Workplace and Specific
Conditions at Your Facility
11

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Labels & Warnings
11 22 33 44

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Labels & Warning22
English Required… Other Languages Optional
Labels on Products Shipped by Manufacturers,
Importers and Distributors:
 Must identify hazardous chemicals and associated hazard warnings
 Name and address of manufacturer, importer, etc.
Labels on In-Plant/On-Site Containers of Hazardous
Chemicals:
 Identity of the material (links the label, (M)SDS and inventory)
 Appropriate hazard warnings (e.g., “flammable,” “skin irritant”)
Must Be Legible and Prominently Displayed:
 Words, pictures, symbols
 Labels cannot be removed or defaced

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Train your employees
11 22 33 44
Photo: © Simon Gray from stock.xchng

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Before Assigning Work with Hazardous Chemicals
By Individual Chemicals or Categories of Hazards
33 Employee Training
Employee Training Must Include:
 Requirements of HCS
 Operations within work areas where hazardous chemicals are present
 Location and availability of the written HCS program, hazardous chemical
inventory and (M)SDSs
 Methods to detect presence or release of hazardous chemicals
 Physical and health hazards of chemicals in work area
 Measures to protect themselves from the hazards
 Details of employer’s hazard communication program

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(M)SDS Documents
11 22 33 44

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Provided by Chemical Manufacturer, Importer or Distributor
with First Shipment and Anytime the Information Changes
Must Be Readily Accessible to Employees When They are in
Their Work Areas During Their Work Shifts
 Paper copies may be kept in a central location
 Computerized access may be available through terminals
 Receiving the information over the phone is not acceptable
(except under the mobile worksite provision)
Safety Data Sheets44
Provide Detailed Information on Each Hazardous Chemical:
 Potential hazardous effects
 Physical and chemical characteristics
 Recommendations for appropriate protective measures
Must Be Obtained for All Hazardous Chemicals in the
Workplace Before Those Chemicals are Used

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There are other ways to
manage your (M)SDSs…

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(M)SDSs accessed and
managed through an
on-demand, online system
No software to install
Attributes to consider:
• Large database
• Updates
• Tools to access,
manage & deploy
• Reporting
• Customer support
• Track record of up-
time
Internet-BasedFax-Back
Alternative ApproachesAlternative Approaches
(M)SDS Database stored
& managed on a local
computer or network
Sort, search, print,
reports & archive
Typically no (M)SDS
libraries, so you do
updating yourself
Often have good
chemical management
capabilities
Must install software &
keep up with upgrades
Software
(M)SDSs requested from
800# call centers & faxed
to customers on-demand
Fax-only systems can be
expensive
Not compliant as a
“stand-alone” product
because it doesn’t meet
OSHA’s back-up
requirements
No transparency… only
way to know if you have
an MSDS is to call

28
Electronic solutions help
companies go from here…
Paper-based systems
Photo::©RodrigoComisarencofromstock.xchng

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Electronic (M)SDS
management
www.MSDSonline.com
to here…
1.888.362.2007

30
Technology
 Computers
 Networks
 Internet
 Intranets
www.MSDSonline.com
by leveraging
this…
1.888.362.2007

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Average (M)SDS Library Contains 2,000+
Documents @ 5-6 Pages/ MSDS
Management is Costly, Tedious &
Often Non-Compliant
OSHA Studies Show That Only 70%
of a Company’s Hazardous Chemical
Inventory has Accurate (M)SDSs
Available
Still Want to Use Paper?Still Want to Use Paper?

32
Time to play
HCS Fact or Fiction

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Q: Managing (M)SDS documents electronically
is compliant with the OSHA standard?
Fact or Fiction?Fact or Fiction?
Electronic means of managing
and deploying (M)SDS
documents is compliant with
the OSHA standard as long as
there are no barriers to
employee access
Fact

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Additional OSHA guidelines relative to
electronic (M)SDS management
Ensure an Adequate Back-Up System is in Place for
Rapid Access in the Event of an Emergency
Power outages, equipment failure, online access delays, etc.
Ensure the Electronic System is Integrated into the
Overall Hazard Communication Program of the
Workplace
Ensure Employees and Emergency-Response Personnel
Have Hardcopy-Access to the MSDSs if Needed
or Desired

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Q: You must have (M)SDSs in a paper format?
“Readily accessible” does not
mean (M)SDSs have to be
preprinted, however…
You must be able to provide a
hardcopy of an (M)SDS upon
request
Fiction

36
Q: If you have Spanish-speaking employees,
you must have an (M)SDS in Spanish?
While it is always better to have (M)SDSs and labels
written in a language that your employees can understand,
there is no requirement that you have to have an
(M)SDS in any other language than English.
However, you must train your employees in a language
they can comprehend.
Fiction

37
Q: All (M)SDSs must be produced in a specific
format as prescribed by OSHA?
Today, there is no
specified format;
only specific
information
requirements
Fiction
GHS
Requires 16-Part format
in a specific order

38
Q: The United States has adopted the GHS
requirements for (M)SDSs and labels?
In September of 2009,
OSHA formally
recommended that the
HSC align with GHS, but it
has not officially been
adopted
Fiction

39
to provide an underlying
infrastructure for individual
countries to establish national,
comprehensive chemical safety
programs, with globally
consistent identification and
communication of hazards
Spirit of GHSSpirit of GHS
© 2006 GNU Free Documentation License user Jankaka

40
All Existing Classifications
Hazard Labeling for all Chemical
Substances and Mixtures
Eventually, ALL Safety Data Sheets
(SDS/ MSDS) – They will Need to Reflect
the New Format
The Criteria for Classification of Chemical
Substances and Mixtures
What’s Changing?What’s Changing?

41
Resellers or Distributors, Get New (M)SDSs
and Labels ASAP & Distribute to Customers
If You’re an Importer…Ditto
If You’re an Employer, Make Sure You Have
the Latest (M)SDSs and Labels and Train
Your Employees on Their Use
Chemical Manufacturers Have Some Work
to Do Around Re-Authoring (M)SDSs, Labels
and Warnings to Make Them GHS Compliant
Who’s Affected?Who’s Affected?
Pretty much everyone who “uses” hazardous
chemicals has some responsibility…
some more than others

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Revise HCS to Align with GHS
– Maintain HCS framework
– Enhance protection
– Based on GHS Rev 3 (2009)
Proposed Rulemaking in Review
– Public hearings, 2010
– Final ruling (2010?)
– Adoption possible in 2011
Compliance Enforcement
– Training within 2 years of final rule
– Full compliance expected with 3 years
– Transitional period
OSHA Alignment with GHSOSHA Alignment with GHS

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Q: You must keep an (M)SDS on file for 30
years after the product is no longer in use?
As part of the Access to Medical Exposure
Records, all (M)SDSs for chemicals must be
maintained for at least 30 years following the
discontinuation of their use if no other record
of the chemical identity, and where and when
it was used, is being maintained
Fact
Photo: :© Dominik Gwarek from stock.xchng

44
Q: (M)SDSs must be updated at least every 3
years by chemical manufacturers?
Fiction
In the United States, (M)SDSs must be updated only if:
1. there is a material change made to the chemical
2. there is change in the known hazards related to a
chemical
3. there is a significant change made to the emergency or
contact information associated with the (M)SDS

45
Q: The EPA is responsible for the HCS Reg?
The HCS Reg is
managed by OSHA, a
division of the U.S.
Department of Labor
Fiction

46
Q: Pharmaceuticals in pill, tablet or capsule
form do NOT require an (M)SDS?
An (M)SDS is required, if…
“…tablets, capsules or pills
containing hazardous chemical
products in solid dosage form
must be dissolved or crushed by
an employee prior to
administration to the patient”
Fact

47
Q: Consumer products require an (M)SDS?
However, if duration and
frequency of use
by employees is greater than
the intended standard
consumer use, then an
(M)SDS and HCS training
must be provided
Fiction

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A performance-based
standard…
…you must be able to
demonstrate compliance

49
Q: OSHA doesn’t really do inspections to check
for compliance with this regulation
In 2008, OSHA conducted
38,591 inspections and cited
87,687 violations
HCS ranks third among most
violated standards
Fiction
Photo: :© Scott Davidson. From flickr, user “davidsonscott15”

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So how do I make
sure I’m compliant?…

 A list of chemicals used in
the workplace
 Proper labeling of those
chemicals
 Written HCS plan
 (M)SDS documents (and
a system for accessing,
managing and deploying
them)
Self inspection checklists
available at OSHA.gov
Some of what inspectors or
safety officials will be looking for

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It’s Pretty Simple… Create a ChecklistIt’s Pretty Simple… Create a Checklist
 Obtain a copy of the Hazard Communication Standard
 Read and understand the requirements
 Prepare a written program
 Assign responsibility for tasks
 Prepare an inventory of hazardous chemicals
 Obtain an (M)SDS for each hazardous chemical
 Make (M)SDSs available to workers
 Conduct training for workers
 Ensure containers of hazardous chemicals are labeled
 Establish procedures to maintain current program
 Establish procedures to evaluate effectiveness

53
Q: EH&S professionals spend as much as 45% of their time
each day completing tedious compliance-reporting and
record-management tasks
Our findings indicate that
it’s closer to 75%
Fiction
EH&S professionals can,
however, reduce this time
greatly by shifting to systems
that help automate and
streamline compliance

54
SO WHAT?Why should I care about the HCS Regulation?
…well

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Penalties for non-compliance
are very real
 In 2007-2008, OSHA cited
nearly 5,000 instances of
HCS violations in
workplaces across the
United States
 #3 on OSHA's top 10 list of
most frequently violated
compliance standards

56
A Bronx metal fabricator faced $115 thousand
in fines for new as well as uncorrected or
inadequately corrected hazards including:
“failure to develop and implement a hazard
communication program, train employees,
label containers or have (M)SDSs”

57
A New York waste and recycling
collection company faced $80
thousand in proposed fines for
violations including no hazard
communication program
or training
Photo: :© From Wikimedia Commons. User “blahedo”

58
Q: The HCS Reg only applies to large chemical
and manufacturing companies
Even small businesses
need to comply with the
regulation if they’re “using”
hazardous chemicals
Fiction

59
A construction company in Ohio with just 3 employees, was
fined $7,500. Citations included failing to have an (M)SDS for
each hazardous chemical, failing to train employees to recognize
and avoid unsafe conditions and failing to train workers who
used hazardous chemicals.

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The costs of non-compliance
can add up quickly
 Fines
 Potential risk & liability
 Downtime & internal disruption
 Negative press & impact to
corporate image
 Lost revenues

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Remember it’s not
just about…

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Avoiding
citations…

…and fines

it’s also about…

our employees…

our customers…

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Thank You
1.888.362.2007
www.MSDSonline.com
sales@MSDSonline.com

OSHA HCS Fact or Fiction Game, 29 CFR 1910

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