The Globally Harmonized System for Hazard Communication OSHA’s Hazard Communication Standard (HCS) 1910.1200, has been updated to align with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. This standard became effective May 25, 2012. The three major areas of change are in hazard classification, labels, and safety data sheets (SDSs). The revised HCS will be phased in through 2015. During this phase-in period, employers are required to be in compliance with either the existing HCS or the revised HCS, or both. This presentation serves as a transition guide for the updated HCS.

COURSE INFORMATION Emergency evacuation procedures Starting and ending times Breaks Smoking policy Location of restrooms, break room, telephones, emergency exits Information on the specifics of the class need to be shared with attendees: Cover the emergency evacuation instructions for the class location. Start and end times (i.e.: 8:00AM – 12:00PM). Breaks (how long & how often). All National Safety Council classes are non smoking, breaks will be provided. Give the specific location of restrooms, break areas, lunchroom, telephones, etc. Cover the location of exits (both primary and secondary), the meeting place for attendees for accountability purposes. Also cover any weather related emergency conditions that may be applicable.

COURSE INFORMATION — Continued Electronic devices Medical concerns Participation Mission Ask the participants to turn cell phones and pagers to silent or vibrate mode for the duration of the class. If message service is provided cover the details. If they need to respond to an electronic message ask them to do it with a minimal disruption to the class. Any medical concerns that attendees may have that could cause an allergic reaction or possible unconsciousness should be written on a separate sheet of paper and kept with their materials in case it is needed. Advise them to take this information with them at the conclusion of the class. Encourage all attendees to participate; they will get more from the training if they get involved during the day.

National Safety Council Mission The National Safety Council saves lives by preventing injuries at work, on the roads, in homes and in communities through leadership, research, education and advocacy. Goal Save 10,000 lives and prevent 1 million injuries by 2014. Slide 2 Slide Title: National Safety Council The National Safety Council was established in 1913 and chartered by the U.S. Congress in 1953. The mission of the National Safety Council is to saves lives by preventing injuries at work, on the roads, in homes and in communities through leadership, research, education and advocacy. The goal of the National Safety Council is to Save 10,000 lives and prevent 1 million injuries by 2014. 4

INTRODUCTIONS Name Company/Job Title Primary Responsibilities What would you like to get out of this seminar? Have the participants introduce themselves to the class by stating their name, company/job title, primary duties, and one expectation of the seminar.

SEMINAR GOALS Implementation of the integration of the Globally Harmonized System (GHS) for Hazard Communication (HazCom) Identify the purpose and key elements of the HCS 1910.1200. Recognize and correctly use key terms and concepts relating to hazard communication. Identify ways to determine if hazardous chemicals are present in your workplace. Identify elements of and steps for setting up a hazard communication program.

SEMINAR GOALS — Continued Identify guidelines regarding which hazardous chemicals must be labeled, by whom, and what information must be included on labels. Reviewing SDS to assess a situation in which exposure to a hazardous chemical has occurred.

SEMINAR GOALS — Continued Identify ways to promote responsibility for initial and ongoing hazard communication activities. Assess gaps and identify key action(s) to take with OSHA’s HCS and your workplace program.

HOW TO READ OSHA STANDARDS PARAGRAPH NUMBERING SYSTEM 29 CFR 1910.1200(b)(4)(ii) Title Code of Fed. Reg. Part Section 29 CFR 1910 .1200 OSHA regulation contain a very specific numbering system. Let’s look at all these numbers and determine what they mean. The title or the 29 refers to the specific portion of law and how it is filed in Washington. Title 29 has been assigned to OSHA; while most of the transportation regulations will be found in Title 49. CFR is the abbreviated version for Code of Federal Regulations. The Part, in this case 1910 tells us this is General Industry regulations. Construction regulations will be found in Part 1926, Agriculture can be found in Part 1928. The section designation is the specific subpart of the regulation. Hazard Communication is found in Subpart Z of the General Industry standards. The section assigned to Hazard Communication is 1200. It is important to understand the OSHA standard numbering system so that we can adequately quote and comply with elements of the standard. Additionally, challenges to our enforcement of the standard may be defended with accuracy and precision.

PARAGRAPH NUMBERING SYSTEM Code of Title Fed. Reg. Part Section 29 CFR 1910 .1200 (b) (4) (ii) Lower Case Alphabetical Arabic Number The next tier of numbering the paragraphs will be in parenthesis and will be lower case alphabetical letters. These will be (a), (b) and so on. The next step is also in parenthesis and will be Arabic numbers. The next level uses lower case roman numerals. Lower Case Roman

Hazard Communication Standard (HCS) and the Globally Harmonized System (GHS) The GHS is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets (SDSs) The GHS is based on major existing systems around the world

Hazard Communication Standard (HCS) and the Globally Harmonized System (GHS) OSHA aligned the HCS with the GHS to have a common, coherent approach to classifying chemical hazards Harmonized definition of hazards Specific criteria for labels Harmonized format for SDSs

Benefits of Adopting the GHS Increase the quality and consistency of information provided to workers, employers and chemical users Reduce confusion/increase comprehension of hazards Improve downstream risk management Facilitate training Help address literacy problems Other benefits include facilitation of international trade in chemicals

Definitions Chemical Manufacturer Distributor Hazard Category Hazard Statement Health Hazard Importer Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution. Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers. Hazard category means the division of criteria within each hazard class, e.g., oral acute toxicity and flammable liquids include four hazard categories. These categories compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally. Hazard statement means a statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard. Health hazard means 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. Importer means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States.

Definitions Physical Hazard Pictogram Precautionary Statement Safety Data Sheet (SDS) Signal Word Physical hazard means 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. Pictogram means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category. Precautionary statement means a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling. Safety data sheet (SDS) means written or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section. Signal word means a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in this section are "danger" and "warning." "Danger" is used for the more severe hazards, while "warning" is used for the less severe.

Development of Final Rule Advanced Notice of Public Rulemaking (ANPR) to modify the existing HCS to align it with the GHS was published in 2006 Notice of Public Rulemaking (NPRM) was published in the Federal Register on September 30, 2009 (74 FR 50280-50549) Public hearings were held in 2010 Final Rule was published in the Federal Register on March 26, 2012 and became effective on May 25, 2012

Notable Changes Using a “specification” approach rather than a “performance-oriented” approach “Hazard classification” rather than “hazard determination” “Safety data sheet” (rather than “material safety data sheet”) uses a 16-section format that is essentially the same as ANSI Z400.1 & Z129.1 – 2010, already familiar to U.S. employers

Notable Changes Labels are more defined and will now require: Product identifier Pictogram Signal word Hazard statement(s) Precautionary statement(s) Name, address, and telephone number

Modified Hazard Communication Standard 29 CFR 1910.1200

How Hazard Communication Works

Organization of HazCom 2012 Purpose Scope and Application Definitions Hazard Classification Written Hazard Communication Program Labels and Other Forms of Warning Safety Data Sheets Employee Information and Training Trade Secrets Effective Dates Appendices A-F

Appendices Appendix A, Health Hazard Criteria (Mandatory) (NEW) Appendix B, Physical Hazard Criteria (Mandatory) (NEW) Appendix C, Allocation of Label Elements (Mandatory) (NEW) Appendix D, Safety Data Sheets (Mandatory) (NEW) Appendix E, Definition of “Trade Secret” (Mandatory) Appendix F, Guidance for Hazard Classifications re: Carcinogenicity (Non-Mandatory) (NEW)

a) Purpose HazCom 1994 HazCom 2012 All hazards to be evaluated Comprehensive hazard communication program to transmit information Preempt state laws All hazards to be classified Other provisions the same, except OSHA added that the rule is consistent with Revision 3 of the GHS Slight clarifying modification was made to the language regarding preemption The stated purpose of the standard is two-fold. First, paragraph (a) indicates that the standard addresses assessment of the hazards of workplace chemicals, and the transmittal of that information to employers and employees. It also describes the contents of a comprehensive hazard communication program as being container labeling and other forms of warning, material safety data sheets, and employee training. The second part of paragraph (a) addresses the preemption of State or local laws by this Federal standard. This standard preempts States, and political subdivisions of States, from addressing these issues except under the authority of a Federally approved State plan under Section 18 of the OSH Act. Both the HCS and the GHS are based on identifying and communicating the inherent hazards of chemicals. Thus the biggest change for most chemicals under HazCom 2012 will be in categorizing the chemical’s hazards. Under HazCom 1994, for example, a chemical either is, or is not, a carcinogen. Under the revised HCS, if a chemical is a carcinogen, it would be categorized as a Category 1 or a Category 2 carcinogen. Such a change would provide additional information for the downstream user, but would not generally result in a need to change engineering controls or respiratory protection.

b) Scope and Application HazCom 1994 HazCom 2012 All chemicals known to be present are covered Practical accommodations for special situations Addresses interface with other Federal laws Minimal changes except to conform terminology, and remove reference to current Appendix E which has been deleted from the standard The provisions of paragraph (b)(2) in the HCS address the overall scope of the standard as applying to ‘‘any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.’’ This provision addresses many questions that are raised about the application of the standard. In general, OSHA does not expect significant changes in the chemicals covered by the HCS under HazCom 2012 as compared to the current standard. The scope of hazards covered by the GHS is very similar to what is covered by the current HCS.

c) Definitions HazCom 1994 HazCom 2012 Includes specific definitions for terms used in the standard, as well as all physical hazards Physical hazard definitions removed from paragraph (c), and placed in a new Appendix B on physical hazard classification criteria Following terms are also deleted: flashpoint (methods included in Appendix B), hazard warning, material safety data sheets Some definitions are revised to be GHS-consistent New definitions added for classification The definition of ‘‘hazardous chemical’’ in HazCom 2012 is ‘‘any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or “hazard not otherwise classified.’’ The term is used throughout the standard to indicate that the classification process is completed, and the chemical manufacturer has determined that the chemical poses a hazard. Most of the substantive requirements of the standard apply to hazardous chemicals.

d) Hazard Classification HazCom 1994 HazCom 2012 Performance-oriented Definitions in paragraph (c), Appendices A and B Appendix B—parameters for evaluating data “Floor” of chemicals considered hazardous “One study” rule Standardized mixture cut-off rules Specific and detailed Concept of “classification” vs. determination in current rule Each hazard class has detailed criteria to apply to data on the chemical No floor; based on weight of evidence Mixture rules are specific to each hazard class HazCom 2012 has specific criteria for classifying each health and physical hazard, along with detailed instructions for hazard evaluation and classification determinations for mixtures. The three steps required for “classification” are to: Identify the relevant data regarding the hazards of a chemical; Review those data to determine the hazards associated with the chemical; and Decide whether the chemical will be classified as hazardous, and the degree of hazard where appropriate, by comparing the data with the criteria for health and physical hazards.

Hazard Classification Each physical or health hazard is a “hazard class” (e.g., Carcinogenicity is a hazard class) A “hazard class” may be sub-divided in the criteria into several “hazard categories” based on the degree of severity of the hazard Placing a chemical into a “hazard class”, and where necessary, a “hazard category”, is the concept of classification—determining not only the hazard, but also the severity of the effect

Hazard Classification (cont’d) Manufacturers are still responsible for determining the hazards of the chemicals they produce or import Classification (similar to hazard determination) is based on the full range of available information Procedures for determining if the manufacturer has properly performed the hazard classification are provided in Appendix A (Health Hazard Criteria) and Appendix B (Physical Hazards) Chemical manufacturers and importers are required to perform hazard determinations on the chemicals they produce or import. Under HazCom 2012, an employer that manufactures, processes, formulates, or repackages a hazardous chemical is considered a “chemical manufacturer”. Those employers that do not produce or import chemicals need only focus on those parts of the standard that deal with establishing a workplace program and communicating information to their workers.

Health Hazards Appendix A Hazard Class Hazard Category Acute Toxicity 1 2 3 4 Skin Corrosion/ Irritation 1A 1B 1C Serious Eye Damage/ Eye Irritation 2A 2B Respiratory or Skin Sensitization Germ Cell Mutagenicity Carcinogenicity Reproductive Toxicity Lactation STOT – Single Exposure STOT – Repeated Exposure Aspiration Simple Asphyxiants Single Category These are classes and categories of health hazards per Appendix A, Health Hazard Criteria.

Physical Hazards Appendix B Hazard Class Hazard Category Explosives Unstable Explosives Div 1.1 Div 1.2 Div 1.3 Div 1.4 Div 1.5 Div 1.6 Flammable Gases 1 2 Flammable Aerosols Oxidizing Gases Gases under Pressure Compressed Gases Liquefied Gases Refrigerated Liquefied Gases Dissolved Gases Flammable Liquids 3 4 Flammable Solids Self-Reactive Chemicals Type A Type B Type C Type D Type E Type F Type G Pyrophoric Liquids Pyrophoric Solid Pyrophoric Gases Single category Self-heating Chemicals Chemicals, which in contact with water, emit flammable gases Oxidizing Liquids Oxidizing Solids Organic Peroxides Corrosive to Metals Combustible Dusts These are classes and categories of physical hazards per Appendix B, Physical Criteria.

Hazards Not Otherwise Classified (HNOC) This definition was added to ensure that hazards currently covered by HCS continue to be covered Information will be required on the safety data sheets in Section 2 Hazard information on the label is not mandatory, but can be provided under supplementary information Such hazards must also be addressed in worker training In essence, this definition requires classifiers who find ‘‘scientific evidence’’ that a chemical can cause death, illness, or injury to workers in a way not currently covered by the GHS classification criteria to disclose that fact on the SDS. Given that there are no harmonized label elements available for these effects, OSHA does not include labeling requirements for HNOC chemicals. This is meant to be a modest and narrow requirement. It is triggered only when the classifier has objective, scientific evidence of the hazard. OSHA believes that there are likely to be few such hazards outside those covered by the specific criteria in the revised standard (HCS 2012), which are the product of over thirty years of international experience in hazard communication. It is important to understand that the HNOC definition essentially preserves (and does not expand) the scope of the current standard (HCS 1994), which is not as tightly bound to specific criteria as the GHS. The essential point is that the HNOC definition is designed so as to prevent HCS 2012 from being less protective than HCS 1994 by picking up any hazards that might fall within the definitions of HCS 1994, but might fall outside the GHS hazard classes. As discussed above, it is OSHA’s intent that the HNOC classification would be an interim measure, used until harmonized criteria for a hazard can be adopted at the UN Sub-committee level, and subsequently incorporated into the HCS through rulemaking.

Simple Asphyxiant Simple asphyxiants and pyrophoric gases are included in the definition of “hazardous chemical” so that they must be both labeled and addressed on SDSs and in training “Simple asphyxiant” means a substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death Label: Warning. May displace oxygen and cause rapid suffocation. Label elements for simple asphyxiants include the signal word “Warning” and the hazard statement “May displace oxygen and cause rapid suffocation”. No pictogram is required. OSHA believes that coverage of simple asphyxiants is very important to the HCS. Such substances result in fatalities in the workplace, particularly in confined spaces, and need to be warned about effectively. Examples include nitrogen, argon, carbon dioxide and methane.

Pyrophoric Gas “Pyrophoric gas” means a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below Label: Danger. Catches fire spontaneously if exposed to air. Pyrophoric gases must be addressed both on container labels and SDSs. The signal word is “Danger”; the pictogram is the flame; and the hazard statement is “Catches fire spontaneously if exposed to air.”

Combustible Dust Combustible dust is included in the definition of “hazardous chemical” so that it must be both labeled and addressed on SDSs and in training Guidance for defining combustible dust is to be taken from existing documents, including OSHA’s Combustible dust National Emphasis Program Directive CPL 03-00-008 NFPA standards also provide useful information Combustible dust is covered separately from HNOC, but is not specifically defined. Chemical manufacturers and importers must be aware of the hazards of their products, both in the shipped form, and under normal conditions of use or foreseeable emergencies in downstream workplaces, in order to comply with the HCS. Information about these hazards is required to be transmitted through labels and SDSs as specified in the standard. The protection of workers in downstream workplaces depends on the provision of accurate information to their employers. For combustible dust, OSHA has also already provided considerable guidance on the nature and definition of combustible dust in a variety of materials, including OSHA’s Hazard Communication Guidance for Combustible Dusts, OSHA (3371–08 2009), and its Combustible Dust National Emphasis Program Directive CPL 03–00–008.

Combustible Dust Combustible dust must be addressed on labels where appropriate: Warning. May form combustible dust concentrations in air. Paragraph (f)(4) may apply to materials shipped in solid form, that create combustible dust when processed

e) Written Hazard Communication Program HazCom 2012 HazCom 1994 No changes Employers must make sure the program is current when the new provisions are implemented (e.g., list of hazardous chemicals may have to be updated) Employers must have a written program describing how the rule will be implemented, including a list of hazardous chemicals, methods for informing employees about non-routine tasks The GHS does not include provisions for a written hazard communication program. Thus the provisions of this paragraph are not directly affected by implementation of the GHS. The only changes proposed align terminology (i.e., the proposal uses the term ‘‘safety data sheet’’ rather than ‘‘material safety data sheet’’).

f) Labels and Other Forms of Warning HazCom 2012 HazCom 1994 Shipped containers must be labeled with identity, appropriate hazard warnings, and responsible party Performance-oriented, specifics left to discretion of chemical manufacturer or importer Shipped containers must be labeled with product identifier; signal word; hazard statement(s); pictograms; precautionary statements; and responsible party Specifies information by hazard class and category The HCS is designed to provide information through three different media: labels or other forms of immediate warning; safety data sheets; and training. Labels are attached to the container of chemicals, and thus provide the information that employees have the most ready access to in the workplace. Given that they are attached to containers, they are by necessity somewhat limited in the amount of information they can present. The labels provide a snapshot or brief summary of the more detailed information provided to employees in training programs, or available to them on safety data sheets. They are not intended to be a complete or detailed source of information on the chemical. OSHA believes that HCS 1994’s performance-oriented labeling requirements resulted in inadequate communication and that adoption of the GHS will help resolve that problem. OSHA points to research over the last twenty years that indicates that use of the signal words “Danger” and “Warning,” pictograms, red borders, and standardized hazard warnings and precautionary statements better convey information about chemical hazards . Studies show that the information conveyed by these techniques is better understood, especially among low-literacy populations, better remembered , and more likely to be acted upon. HCS 2012 requires that labels on shipped containers contain much more information than required by the current standard. However, much of this additional information has already been included by manufacturers, particularly when following the ANSI standard for precautionary labeling.

Approach to Labels The revised standard—like the GHS—is a specification approach to labels In Appendix C, OSHA has indicated by hazard class and hazard category the label elements that must be on the label Appendix C is basically a cookbook approach to labeling—once classification of the hazards is completed, Appendix C is to be consulted to determine how to convey the required information

Label Elements - Shipped Containers Product Identifier: Name or number used for a hazardous chemical on a label or SDS Must permit cross-references to be made among the list of hazardous chemicals, the label and the SDS Signal Words: Single word to indicate relative level of severity of hazard - “Danger” (more severe) or “Warning” (less severe) Only one signal word is ever required on a label Hazard Statement(s): Describes the nature of the hazard(s) of a chemical, including, where appropriate, degree of hazard Example: “May cause liver and kidney damage.”

Label Elements - Shipped Containers Pictogram: Composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, intended to convey specific hazards of a chemical Eight pictograms are required under the HCS Precautionary Statement(s): Describes recommended measures to be taken to minimize or prevent adverse effects from exposure or improper storage or handling Includes first aid information Example: “Do not breathe vapors.” Supplier Identification: Name, address, and phone number of responsible party

HCS Pictograms and Hazards A pictogram is a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under HazCom 2012 for application to a hazard category. The GHS identifies nine pictograms, and OSHA has left out the pictogram for Environment hazards, as they do not have jurisdiction over that area. Pictograms must be in the shape of a square set on point and include a black hazard symbol on a white background with a red frame sufficiently wide to be clearly visible.

Red vs. Black Borders Red borders are required on pictograms regardless of the shipment’s destination Red borders increase recognition and comprehensibility Blank red diamonds are not permitted on a label to improve the likelihood that users will notice and react to the warning on the label Under HCS 2012, pictograms must have red borders. OSHA believes that the use of the red frame will increase recognition and comprehensibility. Therefore, the red frame is required regardless of whether the shipment is domestic or international. OSHA believes that prohibiting the use of blank diamonds will improve the likelihood that users will notice and react to the warning on the label and will not get desensitized to the warnings placed on labels.

Match the Hazard with the Pictogram Label Exercise 1 Carcinogen Flammables Skin Sensitizer Gases Under Pressure Eye Damage Explosives Oxidizers Acute Toxicity (fatal or toxic)

Sample label showing the required label elements.

Label Example Example of the new style label required by HCS 2012.

Identify the label elements that would contain the following information: Product Name Highly flammable liquid and vapor Wash hands thoroughly after handling Company Name Warning Supplier Identification Signal Word Hazard Statements Product Identifier Precautionary Statements Label Exercise 2

Updating Labels HazCom 2012 requires labels to be updated within six months of getting new and significant information regarding the hazards of a chemical.

Workplace Labeling OSHA is maintaining the approach used in the current HCS that allows employers to use workplace-specific labeling systems as long as they provide the required information However, such workplace label systems may need to be updated to make sure the information is consistent with the new classifications NFPA/HMIS Systems (ratings systems v. classification) HCS 2012 retains the flexibility of HCS 1994 by indicating that the employer can choose to label workplace containers either with the same label that would be on shipped containers for the chemical under HCS 2012, or with label alternatives that meet the requirements for the standard. It should be noted that while alternatives are permitted for workplace containers, the information supplied must be consistent with the revised HCS. Hazard classifications must be revised as necessary to conform with HCS 2012, and the other information provided must be revised accordingly to ensure the appropriate message is conveyed.

g) Safety Data Sheets HazCom 1994 HazCom 2012 Specifies what information is required, but chemical manufacturer or importer can use whatever format or order of information they want Mandates 16-section SDS headings, order of information, and what information is to be provided under the headings Will not enforce sections 12-15 that require information outside OSHA’s jurisdiction Paragraph (g)(2) of the HCS 1994 indicates what information must be included on an SDS. It does not specify a format for presentation, or an order of information. Chemical manufacturers and importers have been free to use whatever format they choose, as long as the information is provided. While this performance orientation was supported by chemical manufacturers when the standard was originally promulgated, it was largely based on the positions of those who were already providing SDSs and did not want to change their format. As the scope of the standard was expanded to cover other industries, it became clear that SDS users preferred a uniform order of information or a format. In particular, stakeholders such as emergency responders were concerned that information not being located in the same place on every SDS could create an increased risk in situations where the information was needed quickly. Several years after the HCS was adopted, the chemical manufacturers themselves responded to these concerns by developing a national voluntary industry consensus standard that included a 16-section SDS (ANSI Z400, Hazardous Industrial Chemicals—Material Safety Data Sheets— Preparation). This consensus standard establishes the titles of each section and the order of presentation. It also puts information of most use to those exposed in the beginning of the SDS, with the more technical data required by health and safety professionals in later sections. ANSI Z400 also includes other information such as how it is regulated by other Federal agencies, including transport requirements and environmental information by having sections for each of those categories of information.

Hazard Communication Safety Data Sheets Refer to “OSHA BRIEF” handout describing SDSs in detail. Since the 16-section SDS was initiated in the U.S. by industry, many companies have been using it. This adoption by industry will reduce the impact of the harmonized GHS requirements. Others who continued to use different formats will need to change their SDSs to conform. There is already software available to assist in developing SDSs in the 16-section format, and it is expected that more tools will be available as the dates for SDS compliance approach. Sections 12 through 15 of the SDS require information on subjects that are outside OSHA’s jurisdiction. OSHA will not be making these sections mandatory for inclusion, nor will any enforcement activity be directed to these sections. However, inclusion of the sections in an SDS is not precluded, and they have been included in the text of HCS 2012 so people will be aware that a fully GHS-compliant SDS will have to address those areas in addition to the ones mandated by OSHA.

Hazard Communication Safety Data Sheets Refer to “OSHA BRIEF” handout describing SDSs in detail. Since the 16-section SDS was initiated in the U.S. by industry, many companies have been using it. This adoption by industry will reduce the impact of the harmonized GHS requirements. Others who continued to use different formats will need to change their SDSs to conform. There is already software available to assist in developing SDSs in the 16-section format, and it is expected that more tools will be available as the dates for SDS compliance approach. Sections 12 through 15 of the SDS require information on subjects that are outside OSHA’s jurisdiction. OSHA will not be making these sections mandatory for inclusion, nor will any enforcement activity be directed to these sections. However, inclusion of the sections in an SDS is not precluded, and they have been included in the text of HCS 2012 so people will be aware that a fully GHS-compliant SDS will have to address those areas in addition to the ones mandated by OSHA.

Identify the MANDATORY SDS Section that would contain the following information: Description of any stabilizers that may be needed to maintain chemical stability. Methods and materials used for containment. Recommendations on special protective equipment or precautions for firefighters. Product identifier used on the label and any common names or synonyms by which the substance is known. Appropriate engineering controls (e.g., use local exhaust ventilation, or use only in an enclosed system). When the SDS was prepared or when the last known revision was made. SDS Exercise

Identify the MANDATORY SDS Section that would contain the following information: SDS Section Information: Hazard statement(s) Recommendations on the conditions for safe storage, including any incompatibilities. Provide advice on specific storage requirements (e.g., ventilation requirements). Recommendations for immediate medical care and special treatment, when necessary. Description of the delayed, immediate, or chronic effects from short- and long-term exposure. Chemical name. Flash point. SDS Exercise

Appendix D Specifies the minimum information to be included in each of the 16 sections ACGIH TLVs continue to be required on the SDS Information regarding carcinogenicity classifications by the International Agency for Research on Cancer (IARC) and the National Toxicology Program (NTP) also continue to be required New mandatory Appendix D, ‘‘Safety Data Sheets,’’ provides additional requirements for the information to be included under each section heading. In Section 8 of the SDS in HCS 1200, OSHA has included the language used in HCS 1994 to describe what exposure limits are to be addressed: ‘‘OSHA permissible exposure limit (PEL), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV), and any other exposure limit used or recommended by the chemical Manufacturer, importer, or employer preparing the safety data sheet, where available.’’ OSHA has concluded that the TLVs provide useful information for those designing protection programs for employees exposed to the chemicals involved, and are already widely used and applied for that purpose in American workplaces, as well as around the world.

h) Employee Information and Training HazCom 1994 HazCom 2012 Requires employee information and training before a worker is exposed to the hazardous chemicals in the workplace, and whenever the hazard changes Clarifies that the labels on shipped containers and workplace labels must be explained, as well as SDS format Workers will have to be trained on the new label and SDS formats before all the provisions of the standard are effective The training provisions in the HCS do not need to be modified to be consistent with the GHS since it does not include such requirements. However, OSHA proposed small revisions to track terminology used in other paragraphs, as well as to clarify the requirement to train on the details of the hazard communication program in (h)(3)(iv). While training on the program has always been required in the HCS, OSHA believed that modifying the text slightly would convey the need to address both the labels that will arrive on shipped containers, as well as any workplace-specific system that the employer uses. In addition, the training on SDSs must include the order of information. The standard requires that training include the details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheets, including the order of information and how employees can obtain and use the appropriate hazard information.

Training Employers must train employees regarding the new label elements and safety data sheets format by December 1, 2013. OSHA believes that the training needs to be completed by the time employees begin to see labels and safety data sheets with the new information on them, rather than waiting until after the transition has been completed in 2015.

Training (cont’d) Label Elements Train employees on the type of information that they would expect to see on the new labels How they might use that information Product identifier, Signal word, Hazard statement(s), Pictogram(s), Precautionary statement(s), and Name, address and phone number of the responsible party General understanding how the elements interact For example, explain there are two signal words: “Danger” means a more severe hazard than “Warning” within a hazard class. Detailed description of employee training required by December 1, 2013.

Training (cont’d) Safety Data Sheet Format Train employees on the standardized 16 section format and type of information they would find in the various sections

i) Trade Secrets HazCom 1994 HazCom 2012 Allows specific chemical identity to be protected when it is a legitimate trade secret Specifies conditions for protection, and for release when there is a safety and health need for the information Process remains the same Percentage of a substance in a mixture is also considered to be a type of trade secret subject to the provisions in the standard The current HCS includes provisions that define what can be considered trade secret information under the rule, as well as delineate the conditions under which this information must be disclosed to ensure the safety and health of exposed employees. These provisions were a significant focus of the original rulemaking on the HCS, and reflect the common law of the United States on this topic. In the years since the rule has been in effect, however, this issue has not been as important. Overall, since these provisions were promulgated, it appears that fewer claims of trade secrecy have been made, and fewer requests for trade secret disclosure have been received, than were anticipated during the original rulemaking process. Laws regarding confidential business information are generally not specific to classification and labeling requirements, but rather reflect an overall approach of a country. It was not possible to change such laws through the harmonization of classification and labeling, and thus the limit of the agreement was to establish the principles already described. Those principles are consistent with law in the United States, and do not require any modifications to the current HCS approach to be consistent with the GHS.

j) Effective Dates – HazCom 2012 Effective Completion Date Requirement(s) Who December 1, 2013 Train employees on the new label elements and SDS format. Employers June 1, 2015* December 1, 2015 Comply with all modified provisions of this final rule, except: Distributors may ship products labeled by manufacturers under the old system until December 1, 2015. Chemical manufacturers, importers, distributors and employers June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Transition Period Comply with either 29 CFR 1910.1200 (this final standard), or the current standard, or both All chemical manufacturers, importers, distributors and employers During the three-year transition period, employers would be required to be in compliance with either the existing HCS or the modified GHS, or both. OSHA recognized that hazard communication programs will go through a period of time where labels and safety data sheets under both standards will be present in the workplace. This will be considered acceptable, and employers would not be required to maintain two sets of labels or safety data sheets for compliance purposes. However, given the longstanding requirements for a hazard communication program, there must be no time during the transition period when hazard communication is not in effect in the workplace, and information is not available under either the existing requirements or the new standard for exposed employees. *This date coincides with the European Union implementation date for classification of mixtures. OSHA recognizes that HazCom programs will go through a period of time where labels and SDSs under both standards will be present in the workplace. This will be considered acceptable, and employers are not required to maintain two sets of labels and SDSs for compliance purposes.

Other Affected Standards HazCom 2012 affected other OSHA standards and required them to be updated.

Approach to Other Standards Many other OSHA standards contain criteria related to defining hazards, as well as other provisions that rely on those criteria OSHA undertook a comprehensive review of its standards to identify what needed to be changed OSHA has proposed modifications to all of those standards that it determined needed to be consistent with the GHS

Health Standards OSHA’s substance-specific standards generally pre-date the HCS, and do not have a comprehensive approach to hazard communication Each of these standards now references HazCom 2012 to ensure they have all the protections of the standard In addition, OSHA updated the provisions regarding what is to be communicated to workers to ensure the health effects are consistent with the GHS criteria Regulated area signs will need to be updated to reflect the new language Employers have until June 1, 2016 to update the signs

Example of Changes to Regulated Area Signs in Substance-Specific Health Standards Original signs Final Changes 1910.1001 1915.1001 Asbestos Regulated areas Where the use of respirators and protected clothing is required DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA ASBESTOS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED WEAR RESPIRATORY PROTECTION AND

Substance-Specific Health Standards Affected by HazCom 2012 Asbestos(1910.1001;192.1101; 1915.1001) 13 Carcinogens (1910.1003) Vinyl Chloride (1910.1017) Inorganic Arsenic (1910.1018) Lead (1910.1025; 1926.62) Chromium (VI) (1910.1026; 1926.1126; 1915.1026)

Substance-Specific Health Standards Affected by HazCom 2012 Cadmium (1910.1027; 1926.1127) Benzene (1910.1028) Coke Oven Emissions (1910.1029) Cotton Dust (1910.1043) 1,2-dibromo-3-chloropropane (1910.1044) Acrylonitrile (1910.1045)

Substance-Specific Health Standards Affected by HazCom 2012 Ethylene Oxide (1910.1047) Formaldehyde (1910.1048) Methylenedianiline (1910.1050; 1926.60) 1,3-Butadiene (1910.1051) Methylene Chloride (1910.1052) Occupational exposure to hazardous chemicals in laboratories (1910.1450)

Safety Standards OSHA updated a number of safety standards to be consistent with the criteria in the HazCom 2012 The manner in which this was done depended on the provisions of the standard being considered, and approaches varied In some cases, it was decided that changes could not be made at this time given the source of the standard or other constraints OSHA sought to minimize the impact on the scope or substantive provisions of the standards that were updated

Safety Standards PSM 1910.119(a)(1)(ii) HazCom 1994 HazCom 2012 A process which involves a flammable liquid or gas (as defined in 1910.1200(c) of this part) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except for: A process which involves a Category 1 flammable gas [as defined in 1910.1200 (c)] or a flammable liquid with a flashpoint below 100 °F (37.8 °C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except for: This is an example of how the Process Safety Management standard is affected by HazCom 2012. The terms “combustible” liquid and “combustible” gas are not used internationally and are not incorporated into the GHS. Flammable liquids, for example, are defined as any liquid having a flashpoint at or below 199.4 F and are divided into four categories (1,2,3,4) based on their flashpoint and boiling point (in the case of Category 1 and 2). Prior to HazCom 2012, flammable liquids were defined as any liquid having a flashpoint at or below 100 F. In order to ensure that the scope of the PSM standard is not changed by the revisions to the HCS, the language shown on the slide was incorporated into the PSM standard 1910.119.

Safety Standards Affected by HazCom 2012 Flammable Liquids (1910.106; 1926.52) Spray finishing using flammable and combustible materials (1910.107) Process safety management of highly hazardous chemicals (1910.119; 1926.64) Hazardous waste operations and emergency response (1910.120; 1926.65) These are the safety standards that are affected by HazCom 2012.

Safety Standards Affected by HazCom 2012 Dipping and coating operations: Coverage and definitions (1910.123) General requirements for dipping and coating operations (1910.124) Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C) (1910.125) Welding, Cutting, and Brazing (1910.252)

Changes in the Workplace For Employers Initial employee training on the label elements Minimal training on new SDS format Continue to maintain the updated SDSs Review current hazard communication program and update as necessary For Manufacturers Initial start-up costs associated with reclassification, producing new labels, safety data sheets, training

Guidance & Outreach

Updated HazCom Webpage http://www.osha.gov/dsg/hazcom/index.html Hyperlink to updated HazCom Webpage available when viewing Slide Show. “Highlights” provide links to many resources.

Side-by-Side Comparison of HCS 1994 and HCS 2012 This is a side-by-side comparison of HCS 1994 and HCS 2012, and is available on the updated HazCom webpage.

Guidance & Outreach Press Release: US Department of Labor's OSHA publishes final rule to update the Hazard Communication Standard (HCS) Guidance OSHA Briefs Fact Sheet Quick Cards OSHA has an array of guidance materials available on the updated HazCom webpage.

Guidance & Outreach OSHA is developing an array of guidance materials Initial Materials Quick cards, OSHA briefs, booklets, small entity compliance guides Technical Materials Model training materials; Safety Data Preparation guidance; Hazard Classification Guidance Web Applications SDS Electronic Form; Label Elements Application; Acute Toxicity Calculator

Updated Webpages HazCom 2012 Webpage http://www.osha.gov/dsg/hazcom/index.html Safety & Health Topics Webpage http://www.osha.gov/dsg/hazcom/index2.html These HazCom webpages have been updated to conform with HazCom 2012.

Directorate of Enforcement Programs Products Letters of Interpretation Provide guidance on specific sections of the standard Where appropriate, will be incorporated into the directive Hazard Communication Directive Provides an outline to compliance officers of what to review and how to cite violations of either HazCom 1994 or HazCom 2012 Covers sections of the standard and provides clarification on how the individual subparts should be reviewed and enforced

UN GHS Links & Information United Nations Economic Commission for Europe GHS Sub-committee http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html See OSHA’s revised web page for more information on the UN GHS.

PRIORITIES FOR ACTION Actions to Take Potential Barriers Overcome the Barriers Direct participants to the Priorities for Action page in their workbooks. Tell them they can take this sheet back to their facilities (or they can fill out here if time permits). They should think about topics and issues that were addressed in this seminar, list 3 actions that would improve hazard communication at their facilities, and identify potential barriers to these changes and how to overcome them.

RESOURCE GUIDE Standard: 29 CFR 1910.1200, Subpart Z Appendix: Hazard Communication Resource List In Section C of the Participant Guide there is a Resource Guide which includes a copy of the hazard communication standard, an appendix which contains additional hazard communication information, and a resource list.