1. Hazard Communication Enforcement Society for Chemical Hazard Communication September 27-28, 2005 Jackie Annis, IH Occupational Safety and Health Administration Office of Health Enforcement Directorate of Enforcement Programs

2. OSHA’s Mission OSHA’s Mission OSHA's mission is to assure the safety and health of America's workers… OSHA's mission is to assure the safety and health of America's workers… … by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

3. Hazard Communication Standard 1983 – Manufacturing 1987 – All Sectors 1994 – Clarification

4. A very brief background on HCS… Section 6 – Standard Setting The OSH Act of 1970 mandated: “…the use of labels or other appropriate forms of warning…” Recognition of the importance of the communication of hazards!!

5. Hazard Communication Covers all Industries Covers all Industries Performance Oriented Performance Oriented Multi-Faceted Multi-Faceted

6. Enforcement and Compliance

7. MULTIPLE REQUIREMENTS Broad Coverage Basis for Other Programs Pieces Fitting Together Dual Responsibilities Manufacturer AND Employer

8. Hazard Communication Standard Written Program Written Program Container Labeling Container Labeling MSDS MSDS Employee Information and Training Employee Information and Training

9. Hazard Determination Paragraph (d) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous Individual Substances Mixtures Written Document on Hazard Determination Process

10. Written Program Policy Statement Policy Statement Paragraphs (d), (f), (g) and (h) Chemical Inventory Chemical Inventory Cross Reference, MSDS Access Multi-Employer Policy Multi-Employer Policy Us to Them AND Them to Us

11. Container Labeling Paragraph (f) (dual responsibilities) (f)(1)-(f)(4):Manufacturers(f)(5)-(f)(9):Employers (f)(10) & (f)(11): Combined

12. MATERIAL SAFETY DATA SHEETS Paragraph (g) (g)(1)-(g)(6): Manufacturer (g)(7): Distributors (g)(8)-(g)(11): Employers

13. Training General Requirement General Requirement(h)(1) Information Information(h)(2) Training Training(h)(3) Comprehensibility Comprehensibility

14. The HCS Directive, CPL 02-02-038 CUSTOMER’S OBLIGATIONS EMPLOYEE INFORMATION AND TRAINING, Paragraph (h) The training must be comprehensible: 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 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

15. Numbers!!!!

16. Inspection Data of # Inspections FY 2003 FY 2004 FY 2005 (Current) Total # of Inspections 39,92939,28433,662 # of General Industry Inspections 16,45316,33614,057 # Inspections w/in SIC 2800 307355324 # of 2800 Inspections with violations of 1910.1200 49(16%)64(18%)50(15%)

17. Top 5 Regulations Cited 2003 through 2005 (current) 1.Hazard Communication (1910.1200) 2.Energy Isolation (1910.147) 3.-5. 1910.212, 1910.134, and 1910.305 These 5 standards represent 32% of ALL standards cited in ALL General Industry inspections for those years

18. % Of Commonly Cited Paragraphs Of 1910.1200 For SIC 2800 Fiscal Year (e)(1)(f)(5)(g)(2)(h) FY 2003 32%20%3.9%38% FY 2004 29.5%28.5%1%36.7% FY 2005 33.6%22%0.8%30%

19. INSPECTIONS

20. Three Phases of an Onsite Inspection 1.Opening Conference 2.Physical Workplace Inspection 3.Closing Conference

21. Opening Conference Purpose, Nature and Scope Paperwork Document Requests

22. Physical Inspection Process Walkaround Monitoring Data Gathering Employee Interviews

23. Closing Conference Inspection Results Observed Violations Abatement Strategy Compliance Assistance

24. Directorate of Enforcement Programs Directives Directives Enforcement Procedures CPL 02-02-038 National Emphasis Programs/Targeting Strategy National Emphasis Programs/Targeting StrategyLead Policy Policy Letters of Interpretation

25. Recent Interpretations on Hazard Communication February, 2004 February, 2004(g) May, 2004 May, 2004(g)(1) July, 2004 July, 2004 (c) and (b) September, 2004 September, 2004(g)(2)(i) February, 2005 February, 2005(b)(6)(vii) April, 2005 April, 2005(g)(2)(i)(g)(6)(ix) (d) and (g)

26. SUMMARY Broad coverage- (all industries) Broad coverage- (all industries) Performance Oriented-multi-faceted Performance Oriented-multi-faceted Importance to you in dual responsibilities and the added requirements. Importance to you in dual responsibilities and the added requirements.

27. The Future Improving OSHA’s Impact on Occupational Health Outcomes by: Improving OSHA’s Impact on Occupational Health Outcomes by: Alliances (SCHC) Alliances (SCHC) MSDS Initiative MSDS Initiative Global Harmonization Global Harmonization Guidance Documents Guidance Documents –Hazard Determination –Model Training Program –MSDS

28. QUESTIONS