This presentation addresses the key changes to the Hazard Communication standard and associated inspection procedures, including hazard classification, labeling and safety data sheets. It also provides guidelines for updating your written hazard communication program.

1. Hazard Communication
Standard Revisions
What You Need to Know About HCS
Changes and Enforcement

2. Meet Your Moderator:
James Ciccone

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 Webinar recording and slides will be emailed to
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During This Webinar

4. Meet Your Presenter
Rick Foote
Environmental Services Consulting Manager
• Rick has been with Triumvirate for over 12 years
• He brings client programs into full regulatory
compliance by establishing what programs exists,
what level of compliance is achieved, and
identifying the changes that need to be
implemented
• Each EH&S program that Rick develops is
customized to the individual client’s needs

5. OSHA Has Been
Busy
• From December 1, 2013, to August
21, 2014, OSHA conducted a total of
16,697 inspections in which at least
one violation was identified.
• Of those 16,697 inspections, 1,419
(8.5%) found a violation of the
HazCom training requirement, and
534 (3.2%) resulted in a specific
violation of the training requirement
for labels and SDSs [29 CFR
1910.1200(h)(3)(iv)].

6. How ready are
you for an
OSHA
HazComm
inspection?

7. Revised Hazard
Communication Standard

8. OSHA Inspection
Guidelines
Preparation is Key!

9. OSHA Compliance
Directive
 OSHA Published: CPL 02-02-079
 Inspection Procedures for the Hazard
Communication Standard (HCS 2012)
 The effective date was July 9, 2015

10. Purpose
The Instruction establishes policies and procedures to
ensure uniform enforcement of the Hazard
Communication standard (HCS).
It is applicable wherever OSHA regulations are
enforceable.

11. State OSHA Programs
State Plan Impact: Notice of intent and
equivalency required. State Plans are
expected to have enforcement policies and
procedures in place which are at least as
effective as those in this Instruction.

12. Important Dates
December 31, 2013
June 01, 2015
June 01, 2016

13. Wood Products
Hazardous Drugs
Combustible Dusts
Simple Asphyxiants
Acid Batteries
Example Items
Covered

14. Example Items
Not Covered
Radiation Hazards
Biological Hazards

15. Who is Covered?
Most quality control and production
laboratories do not meet the definition of a
laboratory under 29 CFR 1910.1450 and are
covered
If the laboratory ships chemicals they must
meet the label and SDS requirements

16. Closed Container Handling

17. Article Exemption
 What is the hazardous chemical in the item to which
employees were exposed?
 Was this item included in the employer's hazardous
chemical inventory?
 What were the activities/operations that resulted in
employee exposure to the hazardous chemical(s)?
 Did the release of the covered chemical(s) pose any
potential physical hazard or health risk to the
employees?

18. Combustible Dust

19. Agenda
Hazard Classification
Labelling
Safety Data Sheets
Written Hazard Communication Program
Q&A

20. Hazard Classification
 Chemical manufacturers and importers
are required to classify the hazards of
the chemicals they produce or import.
 If an employer chooses to do its own
classifications, it is responsible for
complying with the classification
requirements of the HCS.

21.  Hazard classification must follow the
requirements outlined in Appendices A and B of
the standard
 The classification of hazards is to be performed
based on the criteria provided for each individual
hazard class
 There is no requirement for testing to determine
the classification; however, the manufacturer or
importer may test if so desired.
Classification Criteria

22. Classification Criteria
 Known intermediates and by-products are
covered by the HCS and must be addressed in
the hazard classification.
 Decomposition products which are produced
during normal conditions of use or in
foreseeable emergencies for the product (e.g.,
plastics which are injection molded, diesel fuel
emissions) are covered.

23. Intermediates
 Manufacturers and importers must classify and create SDSs and
labels for intermediates that are formed in a discrete step in the
process of making the final product.
 For example, in the process of creating chemical E that is
formed in two steps, A + B = C and C + D = E, the creation of C
is a discrete stopping point and can be isolated.
 Manufacturers and importers are not required to classify, label, or
create SDSs for intermediates that cannot be isolated as discrete
entities from the reactant materials.
 An example of this would be A+B makes C which continues to
react with B to form D. If C cannot be isolated, then OSHA
would not require an SDS

24. Agenda
Hazard Classification
Labelling
Safety Data Sheets
Written Hazard Communication Program
Q&A

25. Inspection Guidelines
 Inspectors must determine that containers are
labeled with the appropriate information, that the
labels are legible, and that the labels are
prominently displayed.
 Labels must be in English but may also be
printed in other languages.
 The inspector will determine whether the
product identifier can be cross-referenced with
the SDS and to the inventory list of hazardous
chemicals.

26.  Inspectors must evaluate the effectiveness of
workplace (in-house) labeling systems.
 An effective labeling system is one that ensures
that employees are aware of the hazardous effects
of the chemicals to which they are potentially
exposed.
 Inspectors must evaluate alternative labeling
provisions for containers which are difficult to label.
Inspection Guidelines

27. Workplace Labels
 Product identifier and words, pictures,
symbols…providing general information on the hazards
of the chemicals
 If using alternative labeling system, they must ensure that
their employees are aware of all information required
 Determine whether employees can correlate the visual
warning on the in-plant container with the applicable
chemical and its appropriate hazard warnings
 Pictograms are not required
 Precautionary statements and hazard statements may be
used on the in-house labels, but are not required

28. NFPA/HMIS
May be used as part of an employer’s workplace
labeling system, if used in accordance with the
NFPA and HMIS guidelines and as long as it
does not cast doubt or contradict the validity
of the label information.

29. NFPA/HMIS
 Employers must ensure that their training program
instructs employees on how to use and understand the
alternative labeling systems so that employees are aware
of the effects of the hazardous chemicals to which they are
potentially exposed.
 Inspectors will determine whether workers can recognize
what hazards correspond to what code ratings/symbols.
This can be achieved through employee interviews.
 Workplace labels must include the product identifier and
general information regarding all of the hazards of the
chemical(s) even when using the NFPA or HMIS system.

30. DOT Labeling
 The DOT requires diamond-shaped placards containing
hazard symbols for the transport of chemicals.
 However, since OSHA proposed the modification, DOT has
updated its regulation to state that GHS pictograms would not
be in conflict with a DOT label.
 Therefore, OSHA intends to revise Appendix C, C.2.3.3 of the
standard, and in the interim, OSHA will allow labels to contain
both DOT pictograms (labels as they are referred to by DOT)
and the HCS pictograms for the same hazard.

31. Labeling Example
 55-gallon drum container is required to have both
DOT and HCS elements, and the chemical’s
classification requires the same pictograms under
both DOT and OSHA rules.
 The manufacturer or importer has two options:
 The manufacturer, importer or distributor may choose
to display only the DOT pictogram for the hazard, or;
 The label may display both pictograms for the hazard

32. Agenda
Hazard Classification
Safety Data Sheets
Labelling
Written Hazard Communication Program
Q&A

33. Safety Data Sheets
 Chemical manufacturers and importers must
develop safety data sheets in accordance with the
HCS 2012 by June 1, 2015.
 Where a manufacturer or importer has asserted
that it was unable to comply, the CSHO must
determine if the manufacturer or importer has
exercised reasonable diligence and good faith
efforts to comply with the terms of the standard.

34. Safety Data Sheets
 Requirements for Employers:
 If an employer has made a good faith effort
to contact the manufacturer, importer or
distributor because they have not received
the SDS and still has not been able to
receive an SDS, the Area Office may be
contacted to provide assistance.

35. Maintenance of SDSs
 The employer must not require employees to
perform an Internet search (e.g., Google®,
Yahoo®) to view/obtain the SDS.
 The employer may make SDSs available to
employees on a company website or contract with
an off-site/web-based SDS service provider.

36. Maintenance of Safety
Data Sheets
 If the employer is maintaining the SDSs on a company website or
with an off-site/web-based SDS service provider that faxes them,
they must ensure that:
 All employees have adequate computer or facsimile access, with
no restrictions
 There is a backup procedure or system (e.g., paper, another
electronic system) in place in case the computer or fax is not
functioning
 The employees must be trained on how to access the SDSs
(both on the computer and the backup procedure or system)
 There is a procedure or system in place to ensure that
employees can receive a hard copy if so desired

37.  Employees must have unrestricted access to SDSs. This means the
employer cannot require workers to ask for the SDS (e.g., stored in
a locked office).
 OSHA will not cite companies for maintaining MSDSs when these
products were received prior to June 1, 2015.
 The HCS 2012 does not require employers to contact
manufacturers, importers or distributors to obtain new SDSs of
products for which they currently have MSDSs.
Maintenance of Safety
Data Sheets

38. Agenda
Hazard Classification
Written Hazard Communication Program
Labelling
Safety Data Sheets
Q&A

39. Written Plan
All employers with employees who are or
are potentially exposed to hazardous
chemicals known to be present in their
workplaces, must develop, implement, and
maintain at each workplace a written hazard
communication program that includes
labeling and other forms of warning (f),
safety data sheets (g), and training (h).

40. Program Access
 Employees must have access to the written hazard
communication program.
 The plan may be either on paper or in electronic format, as
long as the program meets all other requirements of the
standard.
 The employer must ensure that employees know how to
access the document and that there are no barriers to
employees’ access (e.g., storage in a locked room).

41. Content of Plan
 Chemical Inventory
 Non-Routine Tasks/Unlabeled Pipes
 Multi-Employer Worksites
 Availability of the Program to Employees,
Employee Representatives, NIOSH, and
OSHA Representatives Upon Request

42. Content of Plan: Labeling
 Labels and Other Forms of Warning, (f); this must include:
 Designation of the person(s) responsible for labeling on
shipped containers
 Designation of the person(s) responsible for workplace labeling
 Description of labeling system(s) used
 Description of alternative to labeling for workplace containers,
where applicable.
 Procedures to review and update label information when
necessary (for employer’s workplace labeling and for shipped
container labels)

43. Safety Data Sheets
 Designation of the person(s) responsible for
obtaining/maintaining the SDSs
 How the data sheets are to be maintained (e.g., in notebooks in
the work area(s), in a pick-up truck at the jobsite, via telefax)
 Procedures on how to retrieve SDSs electronically, including
backup systems to be used in the event of failure of the
electronic equipment, and how employees obtain access to the
SDSs
 Procedure to follow if the SDS is not received at the time of the
first shipment.

44.  Procedure to follow if it is suspected that the
SDS is not appropriate (e.g., missing
hazards)
 Procedure to follow to determine if the SDS
is current
 For chemical manufacturers or importers,
procedures for updating the SDS when new
and significant health information are found
Safety Data Sheets

45. Training
 Designation of the person responsible for conducting the training
 How the training is to be conducted (e.g., written, visual
presentation using slides, verbal)
 The required elements of the training program. The program must
address the duties in (h)(1) through (h)(3).
 Procedure to train new employees at the time of their initial
assignment and to train employees when a new hazard is
introduced into the workplace
 Procedure to train employees when they are potentially exposed
to chemicals used by other employers, multi-employer worksites

46. Agenda
Hazard Classification
Q&A
Labelling
Safety Data Sheets
Written Hazard Communication Program

47. QUESTIONS?

48. Thank You
For Attending!
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