Hazard Communication or Right to Know Law (1910.1200) Provided as a service by Maine School Management Association

Flash: HazCom Law Changing! In March 2012, OSHA rewrote HazCom to better standardize and improve it. By the end of 2016, manufacturers must standardize and update: Safety Data Sheets (SDS, no longer called “Material” SDS) Chemical hazard classifications Labels By the end of 2013, employers must train employees on the “new” standard.

HazCom Law Changing! The new standard is based upon “global” recommendations, called GHS (global harmonization system) . Really won’t mean much to most of us except it will make SDS and labels more consistent and easier to understand. Same basic HazCom rule parts will exist. Affected staff must either view Labor’s GHS on-line video or MSMA’s powerpoint titled “HazCom Update-GHS”, along with “basic” HazCom training.

Why do we need HazCom? About 32 million workers work with and are potentially exposed to one or more chemical hazards in the workplace. There are over 650,000 existing chemical products, and hundreds of new ones being developed each year. Chemical exposures have caused many serious health effects over the years-textiles, paper companies, painters, farmers, railroads, etc. Some chemicals also have the potential to cause fires and explosions and other serious accidents. This is one of the most frequently cited OSHA standards. This program is intended for workplaces that do not manufacture, import, or distribute hazardous chemicals. Notes have been provided that highlight some of the requirements for these employers. For complete requirements, consult 29 CFR 1910.1200. Chemical exposure may cause or contribute to many serious health effects such as heart ailments, central nervous system damage, etc. kidney and lung damage, sterility, cancer, burns, and rashes.

Who is covered and what is the purpose of the law OSHA’s Hazard Communication (HazCom) standard (CFR 1926.120) applies to general industry, shipyard, marine terminals, longshoring, and SCHOOLS, and covers chemical manufacturers, importers, employers, and employees exposed to chemical hazards. Not really intended/developed for schools, but ............ Container Labeling Purpose is to ensure that employers and employees know about the chemical hazards in their school and know how to protect themselves so that the incidence of illnesses and injuries due to hazardous chemicals is reduced. 29 CFR 1910.1200 The Hazard Communication (HazCom) standard establishes uniform requirements to make sure that the hazards of all chemicals imported into, produced, or used in U.S. workplaces are evaluated, and that this hazard information is transmitted to affected employers and exposed employees. The HazCom standard is different from other OSHA health rules because it covers all hazardous chemicals. The rule also incorporates a “downstream flow of information,” which means that producers of chemicals have the primary responsibility for generating and disseminating information, whereas users of chemicals must obtain the information and transmit it to their employees.

Major EXEMPTION!!! OSHA’s Hazard Communication (HazCom) standard (CFR 1926.120) DOES NOT APPLY to chemicals in schools in amounts considered to be a “homeowners amount”. A homeowners amount is generally considered by OSHA/DOL to be “less than a case” of the chemical. Be careful though, a case of bleach may be 4 gallons and a case of paint may be 12 cans or 4 gallons. However even though a chemical is exempt from HazCom, it may still be quite hazardous (teacher brings in goof-off or nail polish remover). So a SAU should have a policy not to bring in chemicals. Container Labeling 29 CFR 1910.1200 The Hazard Communication (HazCom) standard establishes uniform requirements to make sure that the hazards of all chemicals imported into, produced, or used in U.S. workplaces are evaluated, and that this hazard information is transmitted to affected employers and exposed employees. The HazCom standard is different from other OSHA health rules because it covers all hazardous chemicals. The rule also incorporates a “downstream flow of information,” which means that producers of chemicals have the primary responsibility for generating and disseminating information, whereas users of chemicals must obtain the information and transmit it to their employees.

Parts of the HazCom Rule There are really only 4 main parts to the Haz Com rule: Material Safety MSDS, now SDS Hazard Communication Program Container Labeling Written Program 29 CFR 1910.1200 The Hazard Communication (HazCom) standard establishes uniform requirements to make sure that the hazards of all chemicals imported into, produced, or used in U.S. workplaces are evaluated, and that this hazard information is transmitted to affected employers and exposed employees. The HazCom standard is different from other OSHA health rules because it covers all hazardous chemicals. The rule also incorporates a “downstream flow of information,” which means that producers of chemicals have the primary responsibility for generating and disseminating information, whereas users of chemicals must obtain the information and transmit it to their employees. Label

The rule also lists employer responsibilities: schools must: Identify and list hazardous chemicals in their workplaces. (ONLY hazardous ones!) Obtain (Material) Safety Data Sheets (SDSs) and labels for each hazardous chemical. Implement a written HazCom program, including labels, SDSs, and employee training. Communicate hazard information to employees through labels, SDSs, and formal training programs.

How can chemical hazards be minimized? The first step in minimizing workplace hazards is to perform a thorough hazard assessment. (Where are the chemicals?) Employers can use SDS sheets to determine what the hazards actually are for a particular chemical. Hazardous chemicals in schools are often found in custodial, kitchen, maintenance, art, and shop areas. Someone has to look in these areas. Chemical manufacturers and importers must review scientific evidence on the hazards of chemicals they produce or import and report findings to their employees and to employers who distribute or use their products.

1) SDSs are a key to HazCom Safety Data Sheets provide detailed health and safety information as well as precautions for handling hazardous chemicals, including emergency and first aid procedures (Important) Best to locate SDS book(s) near their hazards (custodial, art, shops, kitchen), but only 1 book is required 1910.1200(e)

SDS Information SDSs now have a specific format, great improvement! SDS books need an index for easy access to a chemical SDS books must be updated annually if new chemicals are brought into the school (usually) The location(s) of SDS books must to told to employees 1910.1200(e)

SDS Information Review the Clorox SDS and all the relevant sections: key in to “Health Hazards”, “Special Handling and Precautions”, and “Spill, Leak, and Disposal” sections SDS are a great source of info! 1910.1200(e)

2) Written HazCom Plan Required Ensures that employees have access to safety information regarding chemicals in their school. Required by the law. Make it simple (5 pages). (f) "Labels and other forms of warning." (g) "Material safety data sheets." (h) "Employee information and training." HazCom Program 1910.1200(e)

Written HazCom Program Requirements Must describe SOPs for container labeling, storing SDSs, and employee training for each school. Must list the places where hazardous chemicals may be found in the school. Must review the plan with employees working with chemicals. Employer also required to describe how they will inform employees of the hazards of non-routine tasks (for example, cleaning reactor vessels), and the hazards associated with chemicals in unlabeled pipes.

3) Containers must be labeled Each container (from the supplier and made up) of hazardous chemicals must be labeled or marked with: Identity of the chemical. Appropriate hazard warnings. Common to see unlabeled bottles in cleaning, art, and shop areas (and science!) 1910.1200(f) Chemical manufacturers and importers must convey the hazard information to downstream employers by means of labels on containers and Material Safety Data Sheets (MSDSs). Language used on the warning label does not have to be identical to that on the MSDS. Chemical manufacturers, importers, and distributors must be sure that containers of hazardous chemicals leaving the workplace are labeled, tagged, or marked with: - the identity of the chemical, - appropriate hazard warnings, and - the name and address of the chemical manufacturer, importer, or other responsible party Consumer products having labels meeting requirements of the Consumer Product Safety Act do not have to have additional labeling under the HazCom Standard. Various other chemical products (for example, pesticides, foods, drugs, cosmetics, beverage alcohols) that are subject to labeling laws administered by other Federal agencies are also exempt from the labeling requirements of the HazCom Standard.

Labeling continued Individual bottles that are made up from concentrates may be simply marked with a (sharpie) with the name of the product (example: “Speedball”) as long as the trade name is easily found in the index of the SDS book. (or “bleach and water”)

Container Labeling in the Workplace The hazard warning must be compliant with the new GHS systeme. Labels must be legible, in English (plus other languages, if desired), and prominently displayed. Exemptions to the requirement for container labeling: - Can post signs/placards that convey hazard information if there are a number of stationary containers within a work area with similar contents and hazards - Can substitute various types of standard operating procedures, process sheets, and similar written materials for container labels on stationary process equipment if they contain the same information and are readily accessible to employees in the work area - Not required to label portable containers into which hazardous chemicals are transferred from labeled containers and are intended only for the immediate use of the employee who makes the transfer - Pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers

CommonLabels New GHS NFPA= Emergencies HMIS= General Chemical Info All chemicals used by the District must have labels on the container. Containers should have: Labels Appropriate hazard warnings Name and Address of the manufacturer HMIS= General Chemical Info

Labels have a lot of info: Copyright 2004, FE & Associates, All rights reserved

Common labeling The National Fire Protection Association (NFPA) utilizes a diamond divided into four color coded sections: Blue - Health Hazard Red – Flammability or Fire Hazard Yellow - Reactivity Hazard (HMIS is orange here) White - Other Hazard Information (HMIS is PPE) Fire Department Placard This placard is designed to protect fire fighters. The colors relate to the reactions of chemicals in fire conditions.

Common hazard labeling NFPA Labels “White Section” Within each color or section, NFPA gives a “hazard” rating number: 0= minimal hazard 1= slight hazard 2= moderate hazard 3= serious hazard 4= extreme hazard Clorox: health=2, reactivity=1, others 0 Pay attention to this section as it alerts you to special hazards Water reactive Strong oxidizer Corrosivity Radioactivity (Same as HMIS orange) Methanol/washer fluid: health=1, flammable=3

Personal Protective Equipment (PPE) Note If either the label or the SDS says to use ppe, then you are required to use it! Dep’t of Labor looks for required ppe during inspections and using it will help protect employees. Examples: floor stripper and bleach both say wear splash goggles and gloves, so ya better!

4) Training Training is required for employees who are exposed to hazardous chemicals in their work area: At the time of initial assignment. Whenever a new hazard is introduced into their work area (new chemical or process). Suggest annually 1910.1200(h) Training is not satisfied solely by giving the 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 must be carried out in a language that is comprehensible to the employees. 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, irritants, flammables) that are or may be encountered by an employee during the course of his duties. Employees who have been previously trained by another employer, union, or other entity, do not have to be retrained if the previous training is sufficient to meet the standard’s training requirements for the current work being performed. However, employees must have information about where to find MSDSs in the workplace, who in the company is responsible for the HazCom program, and where to get copies.

What training is needed to protect workers? Explanation of the HazCom program, including information on labels, SDSs, and how to obtain and use available hazard information. Hazards of individual chemicals. Schools must point out any hazardous chemicals to staff! Protective measures such as engineering controls, work practices, and the use of PPE. How to detect the presence or release of a hazardous chemical (use your eyes and nose!).

All training events, initial and annual refresher must be DOCUMENTED! Annual training is required only if chemicals or processes change. This is likely on an annual basis for schools for custodial and other areas.

Summary OSHA’s Hazard Communication Standard is based on a simple concept - that employees have both a need and a right to know the chemicals they work with and the hazards linked to those chemicals. Employees also need to know what protective measures are available to prevent adverse effects from occurring. See www.osha.gov for more information on hazard communication, including the following publications: Hazard Communication Guidelines for Compliance – OSHA 3111 (This is the same information that is contained in Appendix E to 1910.1200 and is also available in Spanish.) Chemical Hazard Communication – OSHA 3084 (This is also available in Spanish.)

Questions Questions or comments regarding OSHA’s Hazard Communication Standard can be directed to Maine Department of Labor, 623-7900. MSMA will also answer questions regarding safety and can be reached at 622-3473. See www.osha.gov for more information on hazard communication, including the following publications: Hazard Communication Guidelines for Compliance – OSHA 3111 (This is the same information that is contained in Appendix E to 1910.1200 and is also available in Spanish.) Chemical Hazard Communication – OSHA 3084 (This is also available in Spanish.)