GHS & HazCom Standards under MSHA and OSHA (Georgia Mining Association - Nov 2013)

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MSHA/OSHA HazCom Standards

Matthew R. Korn
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mkorn@laborlawyers.com
www.workplacesafetyandhealthlaw.com
www.laborlawyers.com

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MSHA Program Policy Letter

• August 13, 2013 (PPL No. P13-IV-1)
• “Mine operators compliant with OSHA’s Hazard
Communication Standard (HCS) are also in compliance
with MSHA’s Hazard Communication (HazCom)
standards.”

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Hazard Communication And The Globally
Harmonized System (GHS) overview
• Why OSHA adopted the GHS
• Overview of the changes to the HazCom Standard
• New training requirements
• Timeline for implementation

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Why Did OSHA Align The HCS With GHS ?

• A common, coherent approach to classifying and
communicating chemical hazards
– Harmonized definitions of hazards
– Specific criteria for labels
– Harmonized format for safety data sheets

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Benefits Of Adopting The GHS?

• Increase the quality and consistency of information provided
to the employees, employers, and chemical users.
–
–
–
–

Reduce confusion/Increase comprehension of hazards.
Improve downstream risk management.
Facilitate training.
Help address literacy problems.

• Other benefits include facilitation of international trade in
chemicals
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Development Of Final Rule
• An ANPR to modify to the existing HCS to align it with
the GHS was published in 2006.
• NPRM Published in the Federal Register on September
30,2009 (74 FR 50280-50549).
• Public hearings in 2010.
• The final rule was published in the Federal Register on
March 26, 2012 and became effective on May 25, 2012.
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Modified Hazard Communication Standard

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How Hazard Communication Works

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Written Hazard Communication Program
HazCom 1994
• Employers must have a
written program
describing how the rule
will be implemented,
including a list of
hazardous chemicals,
methods for informing
employees about nonroutine tasks.

HazCom 2012
• No changes.
• Employers are required to
make sure the program is
current when the new
provisions are
implemented (e.g., list of
hazardous chemicals may
have to be updated).

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Updating Labels

• OSHA proposed to require labels to be updated within
three months of getting new and significant information
about the hazards.
• The final rule requires containers shipped six months
after the information is available to be labeled
accordingly.

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Workplace Labeling

• 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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Safety Data Sheets
HazCom 1994

HazCom 2012

• Specifies 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 1215 that require information
outside OSHA’s jurisdiction.

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16-Section Safety Data Sheet
1. Identification of the substance
or mixture and of the supplier
2. Hazards identification
3. Composition/information on
ingredients Substance/Mixture
4. First aid measures
5. Firefighting 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
12. Ecological information
(non mandatory)
13. Disposal considerations
(non mandatory)
14. Transport information
(non mandatory)
15. Regulatory information
(non mandatory)
16. Other information including
information on preparation and
revision of the SDS

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Employee Information And Training
HazCom 1994

HazCom 2012

• Requires employee
information and training
before an employee is
exposed to the hazardous
chemicals in the
workplace, and whenever
the hazard changes.

• Clarifies that labels on
shipped containers &
workplace labels must be
explained and in SDS
format.

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Training

• Employers shall train employees regarding the new label
elements and safety data sheets format by December 1,
2013.
• Safety Data Sheet Format
– Train the employees on the standardized 16 section
format and the type of information they would find in
the various sections.
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Training
• Train employees on the type of information that the
employee would expect to see on the new labels.
• How they might use that information.

• General understanding how the elements interact.
– Ex., explain there are two signal words: Danger means
a more severe hazard within a hazard class. Warning is
for the less severe hazard.
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The Workplace

• Continue to maintain the updated SDS/MSDS
• Review current hazard communication program and
update as necessary

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Effective Dates

Effective Completion Date

Requirement(s)

Who

December 1, 2013

Train employees on the new label elements and
SDS format.

Employers

June 1, 2015*

Comply with all modified provisions of this final
rule, except:

December 1, 2015

Distributors may ship products labeled by
manufacturers under the old system until
December 1, 2015.

Chemical
manufacturers,
importers, distributors
and employers

June 1, 2016

Update alternative workplace labeling and hazard
communication program as necessary, and
provide additional employee training for newly
identified physical or health hazards.

Employers

Transition Period

Comply with either 29 CFR 1910.1200 (this final
standard), or the current standard, or both

All chemical
manufacturers,
importers, distributors
and employers

*This date coincides with the European Union implementation date for classification of mixtures.

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Current Part 47 Requirements
• Part 47 requires mine operators to develop, implement, and
maintain a written HazCom program.
• Operators must:
–
–
–
–

Identify chemicals and make a hazard determination
Ensure that containers have labels
Have and make available MSDS for each chemical
Instruct miners on the physical and health hazards in the work
area, protective measures, and contents of HazCom program.

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Hazard Determination

• Section 47.21 requires operators to evaluate each
chemical brought on mine property and each chemical
produced on mine property to determine if it is
hazardous as specified in Table 47.21.

• Hazard determinations made using OSHA’s HCS and
Appendices A and B meet the requirements of MSHA’s
existing standard, Section 47.21.

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Container Labels and Other Forms of Warning
• Section 47.41 requires operators to ensure that each
container of hazardous chemical has a label.
• GHS labels including a signal word, hazard statement,
pictogram, and precautionary statements constitute
“appropriate hazard warnings.”
• Labels must also include contact information for the
responsible party, the product identifier, and the
chemical identity
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MSDS vs. SDS

• Section 47.51 requires that operators must have an
MSDS for each hazardous chemical which they produce
or use at the mine.
• The SDS includes all information MSHA requires on its
MSDS and therefore complies with Section 47.52.

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Written Program

• Sections 47.31 and 47.32 require operators to develop
and implement a written HazCom program that includes
how the HazCom standards are put into practice .
• MSHA expects operators to update their written
programs to reflect changes in hazard determinations,
SDS’s, and/or labels.

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Training
• Section 47.2 requires operators to provide training to miners,
including information about:
– Physical and health hazards of chemicals in the work area
– Protective measures a miner can take against hazards
– Contents of the mine’s HazCom program
• MSHA expects operators to provide appropriate training if hazard
determination, SDS’s and/or labels are used in accordance with
OSHA’s revised HCS

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Differences between MSHA/OSHA HCS
MSHA’s HazCom

OSHA’s HCS

More than one miner may use an
unlabeled temporary, portable
container

Only one employee who transferred the
chemical from a labeled container can
use an unlabeled temporary, portable
container

EPA regulated “hazardous waste”
covered

EPA regulated “hazardous waste”
excluded (Included under Hazardous
Waste Operations standard)

Raw materials exempt from labeling

Raw materials not exempt

Must provide MSDS to customer upon
request

Must send MSDS and label with initial
shipment to an employer

Retain MSDS for 3 months

Retain MSDS for 30 years

Training records under parts 46 and 48

No training records

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Final Questions?
Thank you!
Matthew R. Korn
O: (803) 255-0000 C: (571) 455-6350
mkorn@laborlawyers.com
www.workplacesafetyandhealthlaw.com


©Copyright 2013
All rights Reserved
Atlanta · Baltimore · Boston · Charlotte · Chicago · Cleveland · Columbia · Columbus · Dallas · Denver · Fort Lauderdale · Gulfport ·
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Houston · Irvine · Kansas City · Las Vegas · Los Angeles · Louisville · Memphis · New England · New Jersey · New Orleans · Orlando28
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THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE
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GHS & HazCom Standards under MSHA and OSHA (Georgia Mining Association - Nov 2013)

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