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OSHA HCS Fact or Fiction Game, 29 CFR 1910


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The Hazard Communication Standard (HazCom) remains among the most frequently cited OSHA violations and is the governing standard for material safety data sheets (MSDSs). With regulatory enforcement now being a bigger priority for OSHA, it’s more important than ever to be compliant. In this presentation, you’ll learn the facts about MSDS compliance and the benefits that electronic MSDS management technology provides as it relates to employee safety, time- and cost-savings and reducing the risk/liability associated with meeting stringent compliance standards.

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OSHA HCS Fact or Fiction Game, 29 CFR 1910

  1. 1. 1 Hazard Communication HCS Compliance Fact & Fiction 1.888.362.2007
  2. 2. 1.888.362.2007   1.888.362.2007
  3. 3. 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 1.888.362.2007
  4. 4. 4 HCS What is it? 1.888.362.2007
  5. 5. 5 An OSHA Regulation What is HCS?What is HCS? Also known as… 1.888.362.2007
  6. 6. 6 Hazard Communication 1910.1200 HCS The Reg HazCom Standard HazComHazCom The HazCom Reg 29 CFR 1910.1200 1.888.362.2007
  7. 7. 7 Adopted in 1983 Covers 100+ Million Workers 7+ Million American Workplaces What is HCS?What is HCS? An OSHA Regulation 1.888.362.2007
  8. 8. 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” 1.888.362.2007 Photo from by user “OCAL”
  9. 9. 9 Chemicals CoveredChemicals Covered Physical Hazards − Combustible liquids − Compressed gases − Explosives − Flammables − Organic peroxides − Oxidizers − Pyrophorics − Unstable (reactive) materials − Water-reactives 1.888.362.2007
  10. 10. 10 • 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 1.888.362.2007
  11. 11. 11 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? 1.888.362.2007
  12. 12. 12 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. 1.888.362.2007
  13. 13. 13 A LOT OF GREY AREA overlapping regulations and Acts “minute or trace amounts” “reasonable amount” “readily-accessible” 1.888.362.2007
  14. 14. 14 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 1.888.362.2007
  15. 15. 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 1.888.362.2007
  16. 16. 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 11 22 33 44 1.888.362.2007 © Photo from stock.xchng.. User “andreyutzu”
  17. 17. 17 Written Plan 11 22 33 44 1.888.362.2007
  18. 18. 18 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 1.888.362.2007
  19. 19. 19 Labels & Warnings 11 22 33 44 1.888.362.2007
  20. 20. 20 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 1.888.362.2007
  21. 21. 21 Train your employees 11 22 33 44 1.888.362.2007 Photo: © Simon Gray from stock.xchng
  22. 22. 22 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 1.888.362.2007
  23. 23. 23 (M)SDS Documents 11 22 33 44 1.888.362.2007
  24. 24. 24 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 1.888.362.2007
  25. 25. 1.888.362.2007
  26. 26. 26 There are other ways to manage your (M)SDSs… 1.888.362.2007
  27. 27. 27 (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 1.888.362.2007
  28. 28. 28 Electronic solutions help companies go from here… 1.888.362.2007 Paper-based systems Photo::©RodrigoComisarencofromstock.xchng
  29. 29. 29 Electronic (M)SDS management to here… 1.888.362.2007
  30. 30. 30 Technology  Computers  Networks  Internet  Intranets by leveraging this… 1.888.362.2007
  31. 31. 31 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? 1.888.362.2007
  32. 32. 32 Time to play HCS Fact or Fiction 1.888.362.2007
  33. 33. 33 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 1.888.362.2007
  34. 34. 34 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 1.888.362.2007
  35. 35. 35 Q: You must have (M)SDSs in a paper format? Fact or Fiction?Fact or Fiction? “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 1.888.362.2007
  36. 36. 36 Q: If you have Spanish-speaking employees, you must have an (M)SDS in Spanish? Fact or Fiction?Fact or Fiction? 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 1.888.362.2007
  37. 37. 37 Q: All (M)SDSs must be produced in a specific format as prescribed by OSHA? Fact or Fiction?Fact or Fiction? Today, there is no specified format; only specific information requirements Fiction GHS Requires 16-Part format in a specific order 1.888.362.2007
  38. 38. 38 Q: The United States has adopted the GHS requirements for (M)SDSs and labels? Fact or Fiction?Fact or Fiction? In September of 2009, OSHA formally recommended that the HSC align with GHS, but it has not officially been adopted Fiction 1.888.362.2007
  39. 39. 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 1.888.362.2007 © 2006 GNU Free Documentation License user Jankaka
  40. 40. 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? 1.888.362.2007
  41. 41. 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 1.888.362.2007
  42. 42. 42 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 1.888.362.2007
  43. 43. 43 Q: You must keep an (M)SDS on file for 30 years after the product is no longer in use? Fact or Fiction?Fact or Fiction? 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 1.888.362.2007 Photo: :© Dominik Gwarek from stock.xchng
  44. 44. 44 Q: (M)SDSs must be updated at least every 3 years by chemical manufacturers? Fact or Fiction?Fact or Fiction? 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 1.888.362.2007
  45. 45. 45 Q: The EPA is responsible for the HCS Reg? Fact or Fiction?Fact or Fiction? The HCS Reg is managed by OSHA, a division of the U.S. Department of Labor Fiction 1.888.362.2007
  46. 46. 46 Q: Pharmaceuticals in pill, tablet or capsule form do NOT require an (M)SDS? Fact or Fiction?Fact or Fiction? 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 1.888.362.2007
  47. 47. 47 Q: Consumer products require an (M)SDS? Fact or Fiction?Fact or Fiction? 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 1.888.362.2007
  48. 48. 48 A performance-based standard… …you must be able to demonstrate compliance 1.888.362.2007
  49. 49. 49 Q: OSHA doesn’t really do inspections to check for compliance with this regulation Fact or Fiction?Fact or Fiction? In 2008, OSHA conducted 38,591 inspections and cited 87,687 violations HCS ranks third among most violated standards Fiction 1.888.362.2007 Photo: :© Scott Davidson. From flickr, user “davidsonscott15”
  50. 50. 50 So how do I make sure I’m compliant?… 1.888.362.2007
  51. 51.  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 Some of what inspectors or safety officials will be looking for 1.888.362.2007
  52. 52. 52 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 1.888.362.2007
  53. 53. 53 Q: EH&S professionals spend as much as 45% of their time each day completing tedious compliance-reporting and record-management tasks Fact or Fiction?Fact or Fiction? 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 1.888.362.2007
  54. 54. 54 SO WHAT?Why should I care about the HCS Regulation? …well 1.888.362.2007
  55. 55. 55 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 1.888.362.2007
  56. 56. 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” 1.888.362.2007
  57. 57. 57 A New York waste and recycling collection company faced $80 thousand in proposed fines for violations including no hazard communication program or training 1.888.362.2007 Photo: :© From Wikimedia Commons. User “blahedo”
  58. 58. 58 Q: The HCS Reg only applies to large chemical and manufacturing companies Fact or Fiction?Fact or Fiction? Even small businesses need to comply with the regulation if they’re “using” hazardous chemicals Fiction 1.888.362.2007
  59. 59. 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. 1.888.362.2007
  60. 60. 60 The costs of non-compliance can add up quickly  Fines  Potential risk & liability  Downtime & internal disruption  Negative press & impact to corporate image  Lost revenues 1.888.362.2007
  61. 61. 61 Remember it’s not just about… 1.888.362.2007
  62. 62. 62 Avoiding citations… 1.888.362.2007
  63. 63. …and fines 1.888.362.2007
  64. 64. it’s also about… 1.888.362.2007
  65. 65. our employees… 1.888.362.2007
  66. 66. our customers… 1.888.362.2007
  67. 67. our community… 1.888.362.2007 Photo: © 2009 from Wikimedia Commons. User “Reck345”
  68. 68. 1.888.362.2007
  69. 69. 69 Thank You 1.888.362.2007   1.888.362.2007