Manufacturer/Importer Responsibilities

If you manufacture or import chemicals, you’re responsible for classifying the hazards of those chemicals. Appendixes A and B of the Standard contain instructions you’ll need to do this. Based on that classification, you must then use information included in Appendix C to determine what hazard information, including signal words and pictograms, you’ll need to include on labels for all chemical products you ship downstream.

You also need to develop SDSs for all chemical products you import or manufacture. There are 3 circumstances in which you’re required to supply SDSs. First, you must supply them with initial shipments of chemical products to downstream users. Second, you must include a new SDS with the next shipment after you revise the SDS for any reason. Third, you must send an SDS whenever requested to do so by a downstream user.

As a manufacturer or importer, you’re at the top of the supply chain, and everyone downstream depends upon the accuracy of the shipped labels and SDSs you supply. That’s why it’s especially important that you get it right!

Distributor Responsibilities

The HazCom Standard defines a “distributor” as “a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.” Basically, this means that you’re a distributor if you receive chemical products from a primary manufacturer, and then ship them to users downstream.

You’re responsible for including shipped labels and SDSs with the chemicals you ship downstream. That means you should stay on top of the chemical suppliers who ship to you in order to make sure they’re sending you accurate hazard information for the products they supply.

Employer Responsibilities

Employers are the end-users of chemicals, and have the important responsibility to ensure that their own employees have the information they need about the hazards of chemicals in the workplace. Remember the discussion about the “bad ole days” before there was a HazCom standard – what a dangerous time it was for workers? OSHA developed employer requirements under the HazCom Standard to help reduce the potential for those situations.

The very beginning of the HazCom standard requires employers to have a “comprehensive HazCom program.” But what does that mean, exactly? To meet OSHA’s requirements, an employer needs to include these 5 components in their plan:

• A Written Hazard Communication Program. Consider this your “playbook” for managing HazCom at your site. That’s why it’s so important that your program is “site specific.” Resist the temptation to just download any old template from the internet and put your company’s name and address on it. You need to lay out the details of your chemical hazards, your storage practices, your workplace labeling system (more on that later!) and your training program. You also need to make sure this program is accessible to all of your employees, and that they know where to find it.
• Chemical Inventory List. Just like the name implies, this is a list of all of the chemical products in your workplace for which you are required to maintain SDSs. You can probably see the reason why this is a required element – you can’t communicate the hazards of chemicals in the workplace to your employees if you don’t know what chemicals you have. As you bring new chemicals into the workplace, make sure that the chemical inventory list is kept up to date.
• Proper Labels and Warnings. Employers must ensure that shipped labels on incoming containers are not removed or defaced. But there are plenty of containers in the workplace other than the initial shipped containers — including transfer buckets, spray bottles, drip pans beneath equipment, and reservoirs for hydraulic oil and coolant within machines – and OSHA requires you to make sure those containers are labeled, too! Your system for labeling and communicating the hazards of chemicals in these kinds of secondary containers is called workplace labeling.
• SDSs and Right–to-Know Access. The whole purpose of the HazCom Standard is to protect workers who are exposed to hazardous chemicals. It shouldn’t be a surprise that one of the most central responsibilities of an employer is to ensure their workforce can access the SDSs for chemicals they work with during their workshifts. The key is that they must have access to the exact documents for the exact chemicals they work with, which means you have to maintain the SDS for the chemicals provided by the manufacturer, rather than “generic” SDSs. You also can’t have any barriers to access. For example, if you keep your SDS library in a supervisor’s office, and that supervisor then goes to lunch and locks her office door, employees would not be able to obtain the SDS in the event of an emergency. A cloud-based SDS management system can help provide the 24/7 you and your workforce need.
• Of course, none of the efforts you make to manage HazCom will bear fruit if your employees don’t understand the Standard, or the specific details of your HazCom program. That means you’ll need to train them, and more importantly, you’ll need to verify that they’ve understood their training.

HazCom & Shipping and Receiving

Although S&R employees may not directly use chemicals to perform their job duties, a basic understanding of the known and potential company chemical hazards should be provided. This is necessary in the event containers get damaged during transport or through movement within the building, as well as in storage.

You may have a well-trained chemical response team which cleans up leaking or spilled containers, but your shipping and receiving workers are the first-line of defense in the facility in this regard. And further, storage of many chemicals certainly requires knowledge of incompatible products and conditions to avoid.

As a result, make sure the S&R employees know:

• Pictograms and hazard warnings on labels, packages and placards
• Health and physical hazards classes of common chemicals that may be received or shipped
• Safe handling of flammable liquids and compressed gas cylinders
• Initial response to chemical spills or leaking or broken containers (for example, should they clear the area and summon the chemical response team? Do they know how to call these team members? Are there chemicals that if spilled or leaking, require an automatic limited or full facility evacuation?)
• Incompatible materials, both in spills and in storage
• The health and physical hazards of incompatible materials
• Proper selection and use of PPE that may be necessary when shipping or storing products

In addition to these topics, safe transportation of chemicals and use of secondary containers should be reviewed.

And occasionally, workplaces receive chemicals in error. A driver pulls away and a drum is accidentally left behind sitting on the dock, and it is not yours. This product could be one that your facility is not familiar with. Until the foreign chemical can be removed from the workplace, it may present a new hazard if it’s leaking, or even in normal storage. S&R should be aware how to respond to these events.

HazCom and Temporary Workers

Your responsibilities also vary depending on the employment contract of the workers in question.

Typically, the staffing agency and the host employer share training responsibilities for temporary workers. Generic training on the basics of HazCom is often provided to workers by the staffing agency. However, depending on the nature of the site-specific requirements of the workplace or the anticipated job duties, the staffing agency’s training may not be sufficient to protect temporary workers fully.

As a recommended practice, work closely with staffing agencies and review the nature and types of training provided. In many cases, you’ll need to supplement temporary worker HCS training. As OSHA states, “Many OSHA standards include specific safety and health training requirements to ensure that workers have the required skills and knowledge to safely perform their work.” Hazard communication is one such standard that often requires specific information to be relayed to the temporary worker.

As with your other employees, ensure your temporary workers understand:

• How to read SDS, pictograms, and hazard warnings on labels, packages and placards.
• Where to get additional information, such as the location of SDS and supervisors to ask about chemical hazards.
• Health and physical hazards classes of common chemicals they will have exposure to.
• Safe handling and storage of chemicals on the job.
• Signs of exposure to chemicals.
• Selection and use of PPE needed for chemical handling.
• What to do in the event of a chemical emergency, such as a spill or first aid event.

HazCom and Maintenance Workers

Of all employees groups, maintenance often present the biggest challenges in compliance, especially when it comes to chemical exposure. Typically, in small to medium-sized companies, these workers handle a variety of tasks, and your maintenance crew can create or repair almost anything.

This may mean they are using chemicals in non-traditional or inappropriate ways, perhaps welding in the plant near flammable products, or using multiple (and possibly incompatible) chemicals without sufficient ventilation or respirators.

And depending on the nature of your company structure, maintenance workers may also purchase chemicals and bring them into the plant without any tracking process. This can create issues with compliance, as well as safety and health. Safety Data Sheets and chemical inventories often don’t reflect these purchases, and hazards associated with these chemicals might not be included in HCS training.

There are several ways to prevent these types of inadequacies in the HazCom program, including:

• Provide additional HCS training for maintenance workers to reiterate the safe usage of various chemical products, as well as general and job-specific HCS information on labeling, secondary containers, and SDS.
• Perform Job Safety Analysis (JSAs) for routine, and especially, non-routine maintenance duties. For example, the annual cleaning and preventative maintenance of the boiler, should have JSAs to discover potential chemical hazards, as well as other hazards.
• Create a tracking system to ensure all chemicals purchased are included in the written HCS program and inventory. Instruct maintenance workers on this system.
• Frequently examine the storage of chemical products in the maintenance shop, to ensure they are stored safety and appropriately. Retrain workers, if needed, on this topic.

6 Reasons to Create a Hazardous Chemicals Inventory

1. OSHA Says You Have To

The HazCom standard requires employers to implement a written hazard communication program at their worksite. Under Sec. 1910.1200(e)(1)(i)), the program must include a list of hazardous chemicals at the site.

2. It’s Crucial to Hazard Assessment and Program Development

The list isn’t just a piece of paper; it’s a hazard assessment. The list is an inventory of all hazardous chemicals in the workplace at a given point in time. You can then group these substances into major hazard classes, such as flammable, corrosive, toxic and reactive. By mapping out the key chemical hazards in your workplace, the inventory then becomes the point of departure for creating a written hazard communication program appropriate to deal with these hazards.

3. It Helps You Comply With SDS Requirements

The inventory is a tool that helps you comply with the requirement (Section 1910.1200(g)(1)) of ensuring that there’s an appropriate, up-to-date SDS for each hazardous chemical in your workplace.

4. It Helps You Comply With Training Requirements

The inventory also helps you comply with HazCom training requirements because it maps out the hazardous chemicals to which your employees are exposed and require safety training and education to deal with..

5. Helps Identify and Correct Supply Problems

Inventories can help you identify potential hazardous chemical supply problems or inefficiencies and that you can proceed to correct. For example, the inventory might reveal an opportunity to store smaller quantities of a hazardous chemical by consolidating storage locations or to streamline your ordering process so that an employee can’t inadvertently order a particular product for which ample supplies already exist in different storage sites.

6. Makes It Easier to Consider Less Hazardous Substitutes

Conducting a hazardous chemicals inventory gives you the chance to consider replacing current products with substitutes that are less dangerous to worker health and safety as well as the environment.

Do I Need an SDS?

OSHA only requires safety data sheets (SDSs) for hazardous products or chemicals. GLT Products, along with other manufacturers are not required to provide SDSs for non-hazardous materials or products. OSHA has left it up to the producer whether or not they should provide SDSs for non-hazardous materials. Many organizations often supply SDSs for liability purposes, not for compliance. In fact, OSHA does not encourage manufacturers to maintain SDSs for non-hazardous products or chemicals.

HCS 2012 defines a health hazard as:

“…a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to §1910.1200 — Health Hazard Criteria.

HCS 2012 defines a physical hazard as:

“…a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. See Appendix B to §1910.1200 — Physical Hazard Criteria.

We encourage everyone to click here to view the full details of OSHA’s rules on Hazard Communication Standards.

As of June 2015, the Hazard Communication Standard (HCS) now requires pictograms on labels to alert users of the chemical hazards to which they may be exposed to. Displayed below are pictograms of the symbols that represent a distinct hazard(s). The pictogram on the label is determined by the chemical hazard classification.

The simple fact to keep in mind is that if it is a hazardous chemical or product, a safety data sheet will be required. If it is a manufactured product, the odds of an SDS existing may be slim.

What information is on the SDS?

The Hazardous Products Regulations (HPR) specifies the sections and content for the SDS. Schedule 1 within the HPR outlines the section number and heading that must be presented in the specified order, as follows:

SDS Section and Heading		Specific Information Elements
1	Identification	Product identifier (e.g. Product name) Other means of identification (e.g. product family, synonyms, etc.) Recommended use Restrictions on use Canadian supplier identifier+ Name, full address and phone number(s) Emergency telephone number and any restrictions on the use of that number, if applicable++
2	Hazard identification	Hazard classification (class, category or subcategory) of substance or mixture or a description of the identified hazard for Physical or Health Hazards Not Otherwise Classified Label elements: Symbol (image) or the name of the symbol (e.g., flame, skull and crossbones) Signal word Hazard statement(s) Precautionary statement(s) Other hazards which do not result in classification (e.g., molten metal hazard)
3	Composition/Information on ingredients	When a hazardous product is a material or substance: Chemical name Common name and synonyms Chemical Abstract Service (CAS) registry number and any unique identifiers Chemical name of impurities, stabilizing solvents and/or additives* For each material or substance in a mixture that is classified in a health hazard class**: Chemical name Common name and synonyms CAS registry number and any unique identifiers Concentration NOTE: Confidential business information rules can apply
4	First-aid measures	First-aid measures by route of exposure: Inhalation Skin contact Eye contact Ingestion Most important symptoms and effects (acute or delayed) Immediate medical attention and special treatment, if necessary
5	Fire-fighting measures	Suitable extinguishing media Unsuitable extinguishing media Specific hazards arising from the hazardous product (e.g., hazardous combustion products) Special protective equipment and precautions for fire-fighters
6	Accidental release measures	Personal precautions, protective equipment and emergency procedures Methods and materials for containment and cleaning up
7	Handling and storage	Precautions for safe handling Conditions for safe storage (including incompatible materials)
8	Exposure controls/ Personal protection	Control parameters, including occupational exposure guidelines or biological exposure limits and the source of those values Appropriate engineering controls Individual protection measures (e.g. personal protective equipment)
9	Physical and chemical properties	Appearance (physical state, colour, etc.) Odor Odor threshold pH Melting point/Freezing point Initial boiling point/boiling range Flash point Evaporation rate Flammability (solid; gas) Lower flammable/explosive limit Upper flammable/explosive limit Vapor pressure Vapor density Relative density Solubility Partition coefficient – n-octanol/water Auto-ignition temperature Decomposition temperature Viscosity
10	Stability and reactivity	Reactivity Chemical stability Possibility of hazardous reactions Conditions to avoid (e.g., static discharge, shock, or vibration) Incompatible materials Hazardous decomposition products
11	Toxicological information	Concise but complete description of the various toxic health effects and the data used to identify those effects, including: Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact) Symptoms related to the physical, chemical and toxicological characteristics Delayed and immediate effects, and chronic effects from short-term and long-term exposure Numerical measures of toxicity, including acute toxicity estimates (ATEs)
12	Ecological information***	Ecotoxicity Persistence and degradability Bioaccumulative potential Mobility in soil Other adverse effects
13	Disposal considerations***	Information on safe handling for disposal and methods of disposal, including any contaminated packaging
14	Transport information***	UN number UN proper shipping name Transport hazard class(es) Packing group Environmental hazards Transport in bulk, if applicable Special precautions
15	Regulatory information***	Safety, health and environmental regulations specific to the product
16	Other information	Date of the latest revision of the SDS

When is the SDS Updated?

SDSs are required to be accurate at the time of sale. An SDS will be required to be updated when the supplier becomes aware of any “significant new data”. The definition of “significant new data” is:

New data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product.

This definition means that an SDS must be updated when there is new information that changes how the hazardous product is classified, or when there are changes to the way you will handle or store or protect yourself from the hazards of the product.

SDSs will be required to be updated within 90 days of the supplier being aware of the new information. If you purchase a product within this 90 day time period, the supplier must inform you of the significant new data and the date on which it became available in writing.

As an Employer, Do I Have Responsibilities for SDSs?

Yes. Employers will be required to make sure that all hazardous products have an up-to-date SDS when it enters the workplace. The SDSs must be readily available to the workers who are exposed to the hazardous product, and to the health and safety committee or representative.

Employers may computerize the SDS information as long as:

• all employees have access to and are trained on how to use the computer or device,
• the computers/devices are kept in working order, and
• the employer makes a hard copy of the SDS available to the employee or health and safety committee/representative upon request.

As mentioned, in some circumstances, an employer may be required to prepare an SDS (e.g., when the product is produced and used in the workplace).

As a Worker, When Would I Use an SDS?

Always be familiar with the hazards of a product before you start using it. You should look at an SDS, match the name of the product on the container to the one on the SDS, know the hazards, understand safe handling and storage instructions, as well as understand what to do in an emergency.

You can think of the SDS as having four main purposes. It provides information on:

1. Identification: for the product and supplier.
2. Hazards: physical (fire and reactivity) and health.
3. Prevention: steps you can take to work safely, reduce or prevent exposure, or in an emergency.
4. Response: appropriate responses in various situations (e.g., first-aid, fire, accidental release).

For most people who work with hazardous products, you should always:

• read the name of the chemical (Section 1),
• know the hazards (Section 2),
• understand safe handling and storage instructions (Section 7), and
• understand what to do in an emergency (Sections 4, 5 and 6).

A few things to know:

• Make sure that the product is being used in the way the manufacturer intended; otherwise the advice provided on the SDS and label may not apply, or the protective measures listed may not be adequate. Section 1 of the SDS should describe the typical use of the product and may indicate restrictions. Ask your supervisor or a health and safety professional for advice if the way you use the product does not match the SDS.
• Section 2 will summarize the hazards related to the product, precautions to take, and what to do in an emergency. Understand that the SDS covers information about the potential hazards, but may not be specific about the required safe work procedures needed for your workplace (e.g., the SDS may not specify what type of respirator must be used, just that a respirator is needed). More information can be found by asking your supervisor. These decisions may require the help of a safety professional or someone with chemical safety knowledge.

Additional Resources

• OSHA’s Hazardous Chemicals in Labs Fact Sheet (270 K PDF download).
• OSHA’s page on chemical hazards and toxic substances including recognition, evaluation, controls, standards and more.
• OSHA Occupational Chemical Database. OSHA’s premier one-stop shop for occupational chemical information. It compiles information from several government agencies and organizations. Information available on the pages includes chemical identification and physical properties, exposure limits, sampling information, and additional resources.
• Occupational Health Guidelines for Chemical Hazards. U.S. Department of Health and Human Services (DHHS), National Institute for Occupational Safety and Health (NIOSH) Publication No. 81-123, (January 1981). Provides a table of contents of guidelines for many hazardous chemicals. The files provide technical chemical information, including chemical and physical properties, health effects, exposure limits, and recommendations for medical monitoring, personal protective equipment (PPE), and control procedures.
• Where to find Safety Data Sheets on the Internet. Interactive Learning Paradigms Incorporated (ILPI). Provides links to SDS available on the Internet.

Why is Substitution Important?

Substitution of currently-used materials with less hazardous materials is one of the most effective ways of eliminating or reducing exposure to materials that are toxic or pose other hazards. A hazard is the source of danger or injury. A hazard includes any chemical or material that has the ability or a property that can cause an adverse health effect or harm to a person under certain conditions. Risk, on the other hand, is the probability or chance that exposure to a chemical hazard will actually cause harm to a person or cause an adverse effect.

Other occupational hygiene methods for controlling employee exposure to chemicals include elimination, isolation, enclosure, local exhaust ventilation, process or equipment modification, good housekeeping, administrative controls and personal protective equipment. All these methods reduce or eliminate the risk of injury or harm by interrupting the path of exposure between the hazardous material and the worker. Substitution removes the hazard at the source.

Why Should the Substitute Product be Chosen Very Carefully?

Extreme care must be taken to ensure that one hazard is not being exchanged for another, especially one that could even be a more serious hazard. Before deciding to replace a chemical, one must know what risks the chemical poses to the employees, the environment, the equipment and facilities. If the risks are serious, then alternatives should be considered. A thorough understanding of the potential risks associated to the alternative solution is necessary.

The selection of a substitute can be a very complex process. In large organizations the selection process may involve a committee with representatives from engineering, purchasing, industrial hygiene, safety, maintenance, research and development, environmental control, waste management, shipping, and the supervisors and workers who directly work with the product. In smaller organizations, one person may carry out many of these functions.

What are Some Major Considerations to Look at When Considering the Suitability of Potential Substitutes?

1. Effectiveness. Will the product meet the technical requirements (e.g., solubility, drying time) for the job or process?
2. Compatibility. The substitute must not interfere or react with the process, the other products, or the equipment.
3. Existing Control Measures. Existing control methods may not adequately control the substitute (e.g., a less toxic substitute may evaporate more rapidly and the existing ventilation system may not adequately capture the vapors).
4. Waste Disposal. Will the current waste disposal system meet technical and regulatory requirements when dealing with any new waste created by using the substitute?
5. Hazard Assessment. A hazard assessment should be done to decide whether to substitute a chemical or product with a different one.

What are Some Points to Consider When Doing a Hazard Assessment?

Use safety data sheets (SDSs) and other sources of chemical information to compare the hazards of various products. For easier comparison, set up a table with the following categories for each potential substitute. The important properties to compare are:

1. Vapor Pressure. Vapor pressure is an indicator of how easily a chemical evaporates into the air. Exposure by inhalation is the primary route of exposure for many products; therefore, the vapor concentration in the air largely influences the potential degree of exposure. If a solvent is not very volatile (does not evaporate easily), the potential for exposure by inhalation may be very low.
2. Short Term Health Effects. Biological effects or adverse health effects caused by short-term exposures to high concentrations of a chemical may not be the same as those resulting from low level, long-term exposures. For example, two closely related aromatic hydrocarbons, benzene and toluene, have similar acute toxic properties but only benzene causes cancer following long-term or chronic exposure. Recommended occupational exposure limits such as the American Conference of Government Industrial Hygienist’s (ACGIH) Threshold Limit Values (TLVs) must not be used in the comparison of materials since the basis for establishing these values varies from substance to substance (e.g., protection from irritation, becoming unconscious, or impairment of health). The TLV booklet clearly states that the TLVs are not a relative index of toxicity.
3. Long-Term Health Effects. Long term health effects such as chronic lung disease may be more significant than short term health effects.
4. Skin Toxicity. Both the potential for direct irritation and allergic sensitization must be examined. One also must consider that, besides breathing in chemicals, some solvents (and even some solvent vapors) can also be absorbed through intact skin. This route of exposure can contribute significantly to the overall uptake of chemicals in the body.
5. Sensitization of the Respiratory System: If repeated exposure to the chemical by inhalation can cause hypersensitive reactions, like an asthma attack, then special exposure control methods and workplace practices should be set up and maintained.
6. Cancer-Causing Potential and Reproductive Effects. If there is sufficient evidence that a compound could cause cancer or reproductive effects in humans, special handling precautions need to be considered.
7. Physical Hazards. Fire and explosion are sometimes the greatest hazards from a product. Properties that must be examined include vapor pressure, autoignition temperature, flash point, flammability limits, and reactivity.

Although substitution is the most direct method of reducing hazards, it is not always practical. A very careful evaluation must be done before any substitution plan to ensure that the new, alternative chemical does not pose a greater hazard than the currently used product. For example, a less environmentally harmful  substance may actually pose a more significant risk for the health of the workers.

What is an Example of the Steps to Take When Investigating a New Product?

The Health and Safety Executive (HSE) in the United Kingdom recommends a seven step process when considering substitution*. These steps include:

1. Identifying hazards and assessing risks. This step involves deciding whether the current substance or process is a hazard. Is there a significant risk involved in storing, using or disposing of a substance? A hazard is defined as “the potential a substance or process has to harm someone or damage the environment.” Risk is “how likely this is to happen.”
2. Identifying alternatives. Investigate a wide range of options. Compare all of the hazard assessment information as previously mentioned in this document. Compare the different states of a chemical (e.g., will a granular form create less dust than a powder form?) Also consider whether the job is necessary or not (e.g., can the part be replaced rather than cleaned). If you are a supplier, you may need to select options according to your customers’ needs as well as those of your own employees.
3. Think about what could happen if you use the alternatives. It is important that you have gathered all available information before this step so that you can make a realistic comparison of both the good and bad points. Remember that you must also consider the way employees use it and how likely it is that they may be exposed. Choosing an alternative chemical may require changes in:
   • the way the work is done,
   • the kind of equipment or parts (e.g., O-rings, gaskets or hose materials) needed to be compatible with the substitute chemical,
   • the ventilation system that may be required,
   • the disposal methods, and
   • regulatory requirements that may apply.
4. Comparing alternatives. In this step, compare the alternatives with each other, and with the substance or process currently being used. HSE recognizes that it is hard to compare the risks of one chemical that is very flammable with one that is very toxic. They recommend thinking of the effects in simple terms such as “Is the substitute going to explode, or poison people? Will it only affect people who work with it, or could it affect other people in the area?” Remember to consider how and where the alternative will be used.
5. Decide whether to substitute. This step is the most difficult. Remember that a change in one step of a process can affect many others. Consult with the workers who will be handling the material directly for their input. It is a good practice to introduce the substitute on a trial or small quantity basis at first.
6. Introducing the substitute. Plan the change in material or process carefully. Remember to train and educate the workers involved.
7. Assessing the change. Check to see if the substitution has produced the intended results. You may find monitoring the health of the workers, monitoring the level of contaminants in the air, or fulfilling legal requirements useful parameters to measure.

Additional Resources

• The MADE SAFE Hazard List of Chemicals, Materials & Ingredients
• Hazardous Chemicals Handbook
• OECD Substitution and Alternatives Assessment Toolbox
• Chemsec Marketplace

Learn the Background

As we can already see, we need a pretty good grounding in the HazCom Standard to understand the requirements. You need to walk before you can run, and you need to ground yourself in the HazCom Standard before you sit down to start writing your plan. While this may seem like an obvious, logical place to start, surprisingly, few people actually seem to do this, which may help explain why deficiencies with the Written HazCom Plan are among the most commonly cited HazCom violations for employers.

Be sure to get a broad understanding of the Standard as a whole, and of requirements for the Written Plan in particular, which are found in 1910.1200(e). These requirements include:

• A list of the hazardous chemicals known to be present. Another name for this is a “chemical inventory list.” This list needs to include all chemicals you’re required to have an SDS for and you have some options with how you structure it. If you have a smaller establishment, it can be simple to just list all the hazardous chemicals in your workplace. If you have a larger facility, it might make more sense to compile lists of hazardous chemicals by work area or department, and then to compile an overall, comprehensive list of hazardous chemicals for the full facility. However you go about the task, an important factor to account for is using a product identifier that matches the identifiers for those same chemicals on the SDSs in your SDS library, on your shipped container labels, and your workplace labels. This ensures there is no ambiguity about the identities of chemicals and allows them to be cross-referenced with other safety information in the workplace, helping to reduce risks and better protect employees.
• Methods the employer will use to inform employees of the hazards of non-routine tasks. This is an often-missed aspect of the HazCom Plan. Employers generally know they need to address exposures employees may have during usual work routines, but often fail to plan how to inform employees of hazards they may encounter during non-routine tasks. For example, an employee working in a chemical mixing operation may occasionally need to drain and clean a reaction vessel. During this task, they may use cleaning solvents they don’t normally use and potentially be exposed to fume concentrations far above those encountered during their normal job tasks.
• Methods of informing employees about the hazards of chemicals in unlabeled pipes in their work areas. You need to state who’s responsible for informing workers about the identities and hazards of chemicals in unlabeled pipes before work begins in those areas.
• Methods of managing HazCom, including providing access to SDSs, at multi-employer worksites. The management goes in both directions. You need to determine how you will inform your own workforce about the hazards of chemicals brought onsite by other employers, as well as how you’ll inform other employers and contractors about the hazards of your chemicals, and provide access to the SDSs and information about your workplace labeling system.
• Description of how the Written Plan will be made available to employees. You can maintain a hard copy of your plan, or store an electronic copy including but not limited to saving it on a desktop computer, an online resource, or a mobile device as long as your employees know how to access it.
• Description of labeling management practices. This should include details about your workplace labeling system. For instance, do you replicate the shipped label, or do you use a label with a product identifier and select other hazard communication information, and provide the remaining information on the shipped label using supplemental information like training, work instructions, or signs?
• Methods of storing SDSs and providing right-to-know access to them. Make sure you fill in the important details like the method of providing emergency back-up access.
• Description of your HazCom training program. We’ll talk more about training in the next installment of our Intro to HazCom series. For now, remember that your training program has to inform your employees about the requirements of the HazCom standard in general, and the details of HazCom management at your workplace in particular, and the health and physical hazards present at your site.

Before you even put pen to paper or fingers to keyboard, collect the information you need. Do a walk-through of your whole facility to identify chemicals, being sure not to miss chemicals in boiler rooms, maintenance areas, storage sheds, or inside reservoirs of large machines. Talk to supervisors and Purchasing Department representatives to fill in any gaps.

Go beyond identifying obvious chemical containers, too. Look for examples of unlabeled pipes that may contain chemical products. Also pay attention to the ways chemicals are used, and specific hazards that may be created from their use. Is there dust visible? What about fumes or vapors? These are details you’ll need to know to be fully aware of the chemical hazards in your facility and the routes of exposures employees may have.

As all of the above requirements show, you’ll need to be very familiar with not only the requirements of the HazCom Standard, but also specific operations at your establishment pertaining to hazardous chemicals. Which brings us to our next point.

Write it Like You Mean It

I hope it’s becoming clear by now, but let’s state it right out: Writing a HazCom Plan is serious business.

Don’t make the mistake that many employers make, and simply find a template from somewhere and stop customizing the template for your workplace after filling in some of the obvious details like company name and address. There are many templates out there issued by trade associations, safety organizations and professional groups, and it’s fine to take advantage of that material. But take it for what it is: help on getting started, rather than a shortcut to your destination. A better template that gives you the guidance needed to actually create a compliant written plan will give you a big advantage here.

In my experience, many employers who have a less than robust HazCom Plan are working from a perspective of trying to simply “meet obligations” or “document compliance,” which is to say that they see it largely as a paper exercise. That also explains why once employers complete the Written Plan, they tend to file it away, whether on a computer desktop or on a shelf, instead of actually using it on an ongoing basis to manage chemical safety.

That’s their loss. First of all, failure to have a Written Plan that accurately describes hazards and hazard communication practices at your establishment can lead to compliance violations, and fines. Federal OSHA issued 4,806 violations for Written Plan deficiencies between December 1, 2013 and July 30, 2018, and the agency recently increased monetary penalties by 2.5% compared with 2018 levels.

Remember that the plan has to be specifically about your hazards, your management practices, and your program details at your establishment. Make sure your plan includes all of the site-specific details listed in the “Learn the Background” section of this article. Additionally, make sure you’ve spelled out who’s responsible for key aspects of your program. A 2015 enforcement directive makes clear that OSHA expects your plan to designate the individuals responsible for managing labels on shipped containers, and workplace labels, and for obtaining and managing access to SDSs.

But the biggest loss that can happen if you treat your HazCom plan as just a paper exercise is the ability to improve safety for your workforce. It takes time and effort to develop a good HazCom Plan, but the reward is a blueprint for increasing chemical awareness, reducing risks of chemical exposures and related injuries, and potentially improving employee retention.

Spend the time to write a good plan, and use it as your playbook, which is what it’s intended to be.

Make Your Employees Aware of It

The effectiveness of your Written Plan, and the ultimate benefits of having it, are achieved when your workforce is aware of the Plan’s existence, understand its content, and know where and how to access it.

When I was involved in corporate EHS, I used to find it useful to casually ask employees I passed walking through the facility if they knew where to find the HazCom plan if they ever wanted to review it. Many times they knew exactly where and how to do that, but other times they didn’t. That usually meant that it was time for at least a quick refresher on the basics of the program with their department, and that it might also be a good idea to review the details of our HazCom training program and see if there were any reasons for the gap in awareness we were seeing.

If your workers have job assignments requiring travel between different workplaces, you may keep the written plan at the primary work location. However, in that situation it’s going to be even more important to be inform all employees how to access the plan, and confirm their understanding.

We can start to see here that there is a close relationship between the requirement to have a HazCom plan and the requirement to conduct training. They reinforce each other and changes in one should lead to changes in the other.

Update When Needed

When might we need to change our written HazCom plan? Basically, we’d need to update the plan whenever it no longer accurately described the chemical hazards and hazard communication practices at our facility.

For example, let’s say that since the last time we updated our plan, we brought flammable chemicals on-site. That means we should update our written plan to include the new information, as well as any relevant details about storage and safe usage practices, and if we’ve never provided training on flammable hazards before, the HazCom standard requires us to train employees on that hazard class. The mutually reinforcing relationship between the HazCom Plan and training should come into play here. The training should include the information about flammables in the written plan, and the plan should spell out the specific kinds of training employees need to have.

You should also update the HazCom plan, and the relevant aspects of training, if you make any other significant changes to your program, including workplace labeling, methods of providing access to SDSs, details of the written plan itself, or the identities of individuals with specific responsibilities, such as oversight of labeling and SDSs. If you have a plan with names of people who no longer work for your company listed for the latter, it’s a sure sign that you’re not updating your plan as often as you should, and could be risking violations and chemical-related incidents as a result.

Someone out there might now be thinking, “OK, but when do I need to update the plan? In other words, how long can I go without updating the plan before OSHA decides to give me a violation?” I can understand the motivation behind that question, but it’s the wrong question.

It is of a matter for any given enforcement officer to decide whether the specific details she’s seeing constitute a HazCom violation. But whether or not you will get a violation is not the only consideration, or even the most important one. The more important factor, since your plan is intended to be your playbook, is whether failure to update your plan will result in a loss of effectiveness of your HazCom program as a whole, and a loss in safety for your workforce. Any changes to your HazCom program that are not described in your plan probably also won’t be adequately communicated to employees, and that may have a serious impact on your safety performance. Go beyond compliance, and strive for the most effective program possible.

Source: https://www.msdsonline.com/2019/03/08/intro-to-hazcom-part-four-writing-a-good-hazcom-plan/

Additional Resources

• Sample HazCom Plan
• OSHA Fact Sheet
• NIH Hazard Communication Program

Shipped Label Requirements

If you are a manufacturer, distributor or importer who ships chemicals to downstream users, you’re going to need to develop shipped labels and affix them to the immediate containers of those chemicals before you ship them to customers.

Of course, the very first thing you need to do is to classify the hazards of your chemical products. Appendix A of the HazCom Standard describes how to classify the health hazards of your chemicals, and Appendix B describes how to classify the physical hazards of the chemicals. Once you’ve completed that process, you’re ready to move on to Appendix C, which tells you how to allocate physical and health hazard information on a shipped container label.

There are six required elements of a shipped label:

• Manufacturer identification: The name, address and telephone number for the chemical manufacturer. An OSHA letter of interpretation recently clarified that if you import chemicals, and the SDSs authored outside the United States list foreign phone numbers and addresses as primary contacts in Section 1, you may be responsible for authoring new SDSs containing domestic contacts in Section 1.
• Product identification: The identification of the hazardous chemical, either by the chemical name, CAS registry number or batch number.
• Signal word: This is a word used to indicate the severity of the chemical hazards. There are only two possible signal words you’ll see: “Danger” and “Warning.” The most severe hazards are designated by the signal word “Danger.” What if the same chemical product has hazards that merit a “warning” and others that merit a “danger?” You’ll still only see “danger” on the label, because it’s the more severe of the two.
• Hazard statement: These are statements describing the specific hazards of a chemical, such as “Causes damage to kidneys through prolonged or repeated exposure when absorbed through the skin.” Chemical manufacturers should always use the same exact statement for the same chemical hazards, so that the dangers are completely clear to all users.
• Precautionary statement: These are recommendations for measures users can take to minimize risks of use and storage, or to respond to chemical incidents. These statements may address storage practices, including incompatible materials to avoid. For example, keep drums of strong acids away from strong bases! (As a consultant, I once saw a location that had drums of sulfuric acid stacked directly on top of drums of sodium hydroxide. If you know even a little bit about chemistry, you know that’s probably not a good idea!) Statements may also include clean-up and disposal measures in the event of a release, and first-aid treatment following an exposure.
• Pictograms: In Intro to HazCom, Part One, we talked a little about the reasons behind the United Nations’ (UN) development of the Globally Harmonized System. As you may recall, stakeholders from multiple countries and agencies discussed shortcomings with hazard communication regulations. The GHS incorporates methods to correct these issues, for example, by replacing the high degree of variability in SDS format with a standardized 16-section format. The GHS also harmonized the pictograms that could be used by chemical manufacturers to communicate the hazards of their chemical products.

There are 9 pictograms that can be used to represent the various hazard classifications. Eight of them are mandatory if triggered by the hazard classification process, while the ninth pictogram (for environmental hazards) is optional. The pictograms are shown below, and must be represented exactly as shown to avoid confusion.

These don’t have to be presented in any particular order on the shipped label, but they must be present when required based on the classification process. You may provide any additional information you think might be helpful as long as the shipped label includes the six required elements above, and doesn’t include any information that contradicts the required information or causes confusion.

What would OSHA consider to be contradictory or confusing information? Great question! One example might be a diamond-shaped symbol in red, white and black that is not one of the nine pictograms shown above. Such a symbol could be easily confused for a GHS/HazCom pictogram. In an emergency, any uncertainty about a chemical’s hazards is dangerous.

Workplace Labeling Requirements

The first thing to know about workplace containers is that you most likely have a lot more of them than you realize.

You probably aware of some of the more visible containers, such as transfer buckets and safety cans, but you might not realize that machine reservoirs are workplace containers, too. These are the internal tanks within larger machines for holding oil or coolant. These tend to be out of sight and out of mind, because you don’t notice them the way you notice a drum or tank sitting in the corner. However, you have obligations to communicate the hazards of these chemicals to your employees all the same.

In some workplaces, there may be dozens or even hundreds of machines with fluid reservoirs, and if you don’t have a labeling system for those containers, your employees are at risk. Knowing the number and capacity of all of these containers will also help you determine the applicability of environmental regulations like Spill Prevention Countermeasure and Control Act (SPCC), or Emergency Planning and Community Right to Know Act (EPCRA) Tier II reporting.

While you’re inspecting the reservoirs of large machines out on the shop floor, you may also want to direct your attention to the area underneath those machines. You’ll likely see “drip pans” beneath the fluid hoses and fittings, as well as a little bit of leakage of whatever fluid is in the system – typically some form of oil. Hopefully you’ll also see a workplace label on the pan indicating the fluid inside and any associated hazard information. If you don’t, you at least can take consolation in knowing you’re far from being the first person to forget to label these containers, but it’s important that you get busy labeling them right away!

So, a big part of getting workplace labeling right is recognizing all of your secondary containers, and making sure that any and all of them are labeled. Another important piece is understanding the HazCom Standard’s requirements for workplace labeling.

Unlike the very prescriptive requirements for shipped container labels, HazCom requirements for workplace labels are more flexible. Employers do have a few options. You can either replicate the manufacturer’s shipped container label, or you can create your own workplace labels containing the product identifier and a combination of other pieces of chemical hazard information. Please see the image below to get an idea what these options might look like.

But please realize that these options aren’t equally good! The easiest, most effective option is to simply replicate the manufacturer’s shipped label. Do this, and you’ve met your labeling obligations. If you choose an option other than that, you’re going to need a system in place to provide any information from the shipped label that isn’t directly included on your workplace label. That additional information may include training, work instructions, risk assessments, signage, and the SDSs for the chemical in question.

The key point here is that any alternative workplace labeling system, consisting of the label plus other information, must provide your workers with immediate access to specific information regarding the physical and health hazards of the chemical. Even more importantly, you’ll need to be ready to prove to OSHA that your system works in the event they ever ask – such as during an inspection. That’s why we recommend simply replicating the shipped label whenever possible.

If you consistently work with specific chemicals in your operations and place them in workplace containers, you can buy secondary containers from certain industrial supply stores that come with pre-affixed labels containing the chemical name and other hazard communication elements, such as pictograms. In a recent letter of interpretation, OSHA stated that the use of these pre-labeled containers is consistent with their workplace labeling requirements, as long as your system makes all hazardous chemical information available to workers. This includes any information from the shipped label that’s not included on the workplace label. So again, use the labeling system that works best for you, but replicating the shipped label for use on your workplace containers remains the easiest, most direct way to demonstrate compliance in the event of an OSHA inspection.

A good software-based chemical management solution can be a big help here. The right software can let you quickly print a workplace label that replicates the shipped label, giving you a consistent workplace labeling system that efficiently conveys chemical hazard information to your workers. Do you have smaller workplace containers such as test tubes and vials that don’t have enough space for a full shipped label, and may often need to be replaced as they become illegible? A good solution will enable you to easily create and print labels containing selected GHS elements that, in combination with training and other elements, can help you provide the required hazard information to your employees.

Source: https://www.msdsonline.com/2019/01/28/intro-to-hazard-communication-part-three-labeling-requirements/

Additional Resources

• OSHA Brief
• OSHA Quick Card
• A Guide to OSHA’s New GHS Chemical Labeling Requirements
• What are the 6 Elements of a GHS Label?

Employees are to be trained at the time they are assigned to work with a hazardous chemical. The intent of this provision (1910.1200(h)) is to have information prior to exposure to prevent the occurrence of adverse health effects. This purpose cannot be met if training is delayed until a later date. The training provisions of the HCS are not satisfied solely by giving employee the data sheets to read. An employer’s training program is to be a forum for explaining to employees not only the hazards of the chemicals in their work area, but also how to use the information generated in the hazard communication program. This can be accomplished in many ways (audiovisuals, classroom instruction, interactive video), and should include an opportunity for employees to ask questions to ensure that they understand the information presented to them. Training need not be conducted on each specific chemical found in the workplace, but may be conducted by categories of hazard (e.g., carcinogens, sensitizers, acutely toxic agents) that are or may be encountered by an employee during the course of his duties. Furthermore, the training must be comprehensible. If the employees receive job instructions in a language other than English, then the training and information to be conveyed under the HCS will also need to be conducted in a foreign language.

Reference Interpretation and Compliance Letters:

• The employer must provide the 1910.1200 verbal training in a language that is comprehensible. [04/10/88]
• Training required for clean-up of hazardous waste and hazardous substances. [06/10/91]
• See Also: OSHA Instruction CPL 2-2.38D, Inspection Procedures for the Hazard Communication Standard, 29 CFR 1910.1200, 1915.99, 1917.28, 1918.90, 1926.59, 1928.21; Appendix A, CLARIFICATIONS AND INTERPRETATIONS OF THE HAZARD COMMUNICATION STANDARD (HCS).

What are the Requirements for Refresher Training or Retraining a New Hire?

Additional training is to be done whenever a new physical or health hazard is introduced into the work area, not a new chemical. For example, if a new solvent is brought into the workplace, and it has hazards similar to existing chemicals for which training has already been conducted, then no new training is required. As with initial training, and in keeping with the intent of the standard, the employer must make employees specifically aware which hazard category (i.e., corrosive, irritant, etc.) the solvent falls within. The substance-specific data sheet must still be available, and the product must be properly labeled. If the newly introduced solvent is a suspect carcinogen, and there has never been a carcinogenic hazard in the workplace before, then new training for carcinogenic hazards must be conducted for employees in those work areas where employees will be exposed. It is not necessary that the employer retrain each new hire if that employee has received prior training by a past employer, an employee union, or any other entity. General information, such as the rudiments of the HCS could be expected to remain with an employee from one position to another. The employer, however, maintains the responsibility to ensure that their employees are adequately trained and are equipped with the knowledge and information necessary to conduct their jobs safely. It is likely that additional training will be needed since employees must know the specifics of their new employers’ programs such as where the MSDSs are located, details of the employer’s in-plant labeling system, and the hazards of new chemicals to which they will be exposed. For example, (h)(3)(iii) requires that employees be trained on the measures they can take to protect themselves from hazards, including specific procedures the employer has implemented such as work practices, emergency procedures, and personal protective equipment to be used. An employer, therefore, has a responsibility to evaluate an employee’s level of knowledge with regard to the hazards in the workplace, their familiarity with the requirements of the standard, and the employer’s hazard communication program.

Reference Interpretation and Compliance Letters:

• Retraining employees who have been previously trained by another employer. [05/06/88]
• Hospital technicians required to attend HCS training and a clarification of coverage of pharmaceuticals under the HCS. [09/01/89]
• Employers are responsible for training new employees on the HCS. [05/11/88]