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HAZARD COMMUNICATION STANDARD (HCS)
COMPLIANCE DIRECTIVE
CPL 2-2.38D
Brief History of HCS
Nov. 25, '83 First publication of HCSCovered manufacturing sectorSIC 20 - 39
US Court of Appeals ordered expansion with out further rulemaking
Aug. 24, '87 Final Rule covering all employers published in Federal Register, but..
History CPL, con't.
* Rule in Construction
* Three requirements in all industries:
- Requirement to provide &maintain Material Safety Data Sheets on Multi-employer Worksite
- Coverage of consumer products
- Coverage of drugs in non- manufacturing sector
OSHA Temporarily Prohibited from Enforcing:
History CPL, con't.
Feb. 21, '90 Supreme Court decision toenforce all provisions in allindustrial segments
Feb. 09, '94 Publication of final rule forHCS (59 FR 6126). Includedtechnical amendments andminor changes.
History CPL
CPL 2-2.38C Last Revised Oct. 22, '90
CPL 2-2.38D Signed Feb. 09, '98
Became Effective Mar. 20, ‘98 *** ***
Updated directive: - Provides guidance for changes to Std.- Incorporates interpretations since 1990- Includes NACOSH recommendations
Organization of Directive
Compliance Guidelines...Conduct Inspections/Issue Citations
Appendix A....................Clarifications/Interpretations
Appendix B....................Sample Letter for CSHO Use
Appendix C....................Hazard Evaluation Procedures
Appendix D....................Guide for MSDS Adequacy
Appendix E....................Sample HazCom Programs
New Look!!!
• Abstract Page
• Table of Contents
• Index
• Text formatted for Internet
• Text hyperlinked with Table of Contents and Index
Really New and Cool!
Scope and Application (b)
(b)(3)(iii) - Revised to clarify intent of standard.
Employers required to provide employees with information andtraining as in (h).
Excludes written program.
Merely providing MSDSs not considered training.
Laboratories (b)(3)
Scope and Application
Laboratories
(b)(3)(iv) Added as new subsection
Covers lab employers who ship Hazardous Chemicals
Requires hazard evaluation of (d), labeling (f)(1), and MSDS (g)(6) & (7)
For newly developed chemicals,testing is not required
Consumer Products (CPs)
(b)(6)(ix) - Directive provides citation guidelines, further instruction to field
Agency policy not to issue citations forCPs unless:
* Product usage inconsistent with manufacturer's intentions
* Frequency & duration greatly exceeds that expected by normal consumer
Consumer Products, con't.
Guidance for documenting case file:
** What info established the chemical as a CP?
** What is the hazardous chemical?
** Does duration of product use exceed CP usage?
** Does frequency of use exceed CP usage?
** Consistent w/manufacturer's intended use?
Cancellation
Memorandum (Compliance Instruction)
TO: Regional Administrators
DATE: March 21, 1995
ENTITLED: HCS: Documentation of Citations Related to the Exposure to Hazardous Substances and
Consumer Products
Articles (b)(6)(v)
Guidance for documenting case file
** What is the hazardous chemical?
** What activities resulted in exposure?
** Include copy of MSDS, if available.
CPs/Articles
Specific hazardous chemical must be described.
In mixtures, include concentration of chemical.
No citations shall list, for instance, "glue" or "brick"
Must state hazardous chemical, e.g., “toluene" or “silica"
Labeling
ANSI Standard Z129.1-1994
** Provides useful information
** Generally helpful in complying with HCS
** States labeling is not only based on inherent properties / Customary and reasonably foreseeable use.
Labeling
Employer must ensure in-plant containers labeledw/appropriate hazard warning (f)(5)(ii)
OR
Provide general information via symbols, pictures,etc., as long as other info required by HCS isimmediately available
Alternative Labeling
** Permitted when employer's overall program proven effective
** Must ensure employees fully aware of hazards/ use and understanding of labeling system
** Employer bears burden of establishing that employee awareness equals or exceeds conventional labeling system
Labeling
Stay of Enforcement -- Paragraph (f)(11)
Requiring
Manufacturers to update labels within 90 days
OSHA will alert regulated community when lifted
MSDSs
NACOSH Recommendations
Concerns regarding proliferation of MSDSs
OSHA endorse statement indicating whether MSDS required by HCS
MSDSs
Directive already contained such a statement
"This product is not considered to be or to contain hazardous chemicals based on evaluations made by our company under the OSHA Hazard Communication Standard, 29 CFR 1910.1200."
MSDSs
NACOSH recommended OSHA endorse ANSI Z400.1-1993
Have included language endorsing order of presentation.
Stated Z400 is becoming internationally accepted,provides guidance on section design, is a valuabletool, provides uniform approach, meets diverseneeds, and is recommended by OSHA.
Electronic Access
Extensive guidance under paragraph (g)(8)
** Devices must be readily accessible in workplace
** Workers must be trained in their use
** Must be back-up system to address emergencies
Electronic Access, con't.
** Workers must be able to obtain hard copies
** Hard copies must be available for emergency personnel
** Oral transmission over phone not adequate
Electronic Access, con't.
Additional Citation Guidelines Include:
"If an employer possesses an MSDS but it is not readily accessible to employees while in their work area, then a violation of (g)(8) shall be cited."
Electronic Access, con't.
"Violations of (g)(8) shall be cited when an employer using electronic access as an integralpart of the hazcom program does not have anadequate back-up system to address emergency situations."
Citation Guidance:
Electronic Access
NOT REQUIRING COMPANIES TO HAVE
HARD COPIES (PAPER) AS BACK-UP
FOR ELECTRONIC SYSTEMS
Employee Training & Info
Clarified to include hazard categories
Does not supercede intent of training
Hazard categories must be linked with chemicals
Training inadequate otherwise
Employee Training & Information,
con’t.
So…
Language is included to emphasize that
the intent of the standard is to make
employees specifically aware of the
hazard categories a product falls within.
Training
Not necessary to retrain each new hire if employee has already received HCS training
Rudiments of standard could be expected to remain with employee from one job to another
HOWEVER...Current employer held responsible to ensure adequate training
Appendix E
(Last, but not least...)
Included two sample HazCom
Programs to assist employers with written
portion of HCS compliance