By John Defillippo, CHMP

Do you have hazardous chemicals in your workplace? If you think the answer is no, are you sure?

OSHA defines a hazardous chemical as one that presents either a physical or a health hazard. Many common and readily available products such as paints, cleaners, and other materials found in the workplace meet this definition. In fact, last year OSHA issued over 6,300 violations to companies that failed to comply with this standard. As we noted in a previous blog, non-compliance with the Hazard Communication standard was the third-largest source of OSHA violations in 2009 and 2010!

If you are an employer, you have a legal obligation to provide a workplace that is free of recognized hazards and to communicate any hazards present to those in the workplace.  In 1985, OSHA established the Hazard Communication Standard (1910.1200) to ensure, in part, that all workers have the “right-to-know” about the hazardous chemicals in their workplace.

Essentially, employees have a Right-to-Know about any hazardous substances that they may come into contact with at work and how to protect themselves from adverse affects. Employees, for their part, have a responsibility to follow directions and work safely by using products for their intended purpose and in accordance with the manufacturer’s instructions to reduce risk and chance of exposure. This is where the Hazard Communication Standard “kicks in”, as all workplace information about hazardous substances needs to be in a Written Hazard Communication Program.  This “HazCom” program must contain

• A list of all hazardous chemicals in the workplace and a Material Safety Data Sheets (MSDS) for each chemical (or product) on that list
• All employees must have access to that list and the MSDS’s during their work shift
• Methods to communicate hazards of these chemicals to employees, on-site contractors and visitors such as signs and labels
• Records showing that all employees have been properly trained to understand the hazards, read the MSDSs and understand labeling and signs.

In addition to the federal OSHA requirements for labeling, the State of New Jersey has specific labeling requirements for all vessels, piping and containers that contain hazardous chemicals.

So, do you have hazardous chemicals in your workplace? Are you rethinking your answer?

If you have products that arrive with an MSDS, and you have not implemented a written HazCom Program, you’ll need to get a program in place to be OSHA compliant. If you have been following the standard, consider the following:

• Are you keeping up with its requirements?
• When was the last time your HazCom Program was reviewed?
• Is your hazardous chemical list and MSDS collection up-to-date?
• Do you know what OSHA considers “Hazardous”?
• Is every hazardous chemical container labeled properly – even the transfer containers?
• Are ALL your employees trained about the workings of your HazCom program and the hazards of each chemical in their workplace?

Now do you know the answer? Or, do you have more questions?

If you are confused or intimidated, don’t worry.  A great resource is the Institute of Hazardous Materials Managers which certifies individuals as Hazardous Materials Managers (CHMM) and Hazardous Materials Practitioners (CHMP). These trained professionals must demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials. And, there are EHS (Environmental, Health and Safety) experts like Emilcott everywhere – their job is to help companies stay in compliance with state and federal regulations while protecting employees. No matter what resource you find, just ask if they are experienced in developing Hazardous Communication programs. Not only will workers stay health and safety, you’ll see added benefits like prevention of property damage, reduced insurance claims and costs, and, of course, your company will not be cited for OSHA’s third most-common violation!

Have you found any chemicals in your workplace that you didn’t know are hazardous? Does your “right-to-know” increase your job comfort level or concern you? And, have you carefully reviewed the company HazCom plan so that you understand “what to do if…”?

Both OSHA and the EPA seemed to have recently awoken from their regulatory slumber. OSHA has announced its first major rulemaking during the Obama administration with a proposed change to the agency’s Hazard Communication (HazCom) Standard.  The existing OSHA HazCom Standard provides workers with the right to know the hazards and identities of the chemicals they are exposed to while working, as well as the measures they can take to protect themselves.  This standard was originally adopted in November 1983 and has been enhanced a few times with the latest revision in February 1994.

The proposed changes set the stage for the United States to catch up with the global community in the use of globally consistent methods for chemical hazard classification, hazard labeling, and the format of Material Safety Data Sheets (MSDS).  The proposed changes will align the HazCom Standard with the United Nations Globally Harmonized System of Classification and Labeling (GHS).  The GHS was adopted by the UN in 2003 with a goal of implementation in 2008.   Most multinational companies have been following both the global system and the current OSHA Hazard Communication Program in recent years.  The US Department of Transportation has already modified the DOT requirements to make them consistent with international UN transportation requirements and the GHS.  Now it is time for OSHA.

The proposed changes will significantly improve the quality and consistency of information provided to workers, employers and chemical user by having a standardized approach to identifying the hazard, labeling the hazard on containers and equipment, and documentation of the hazard on a MSDS.  The most pronounced change that chemical purchasers and workers will see is a consistent hazard warning statements and warnings (including pictograms) along with MSDSs will always have the same information located in the same place.  These changes are critical not only for everyday users of the chemicals but also emergency responders and medical personnel.

However, the changes won’t be required next week and probably not even next year.  The process for moving through a major revision to an established regulation can be long and loud (with input from all vantages points on the changes).  OSHA took the first step of this process in September 2006 with an “Advance Notice of Proposed Rulemaking” (ANPR).  The recent step, in September 2009, is detailing the changes to HazCom with the publishing of a “Notice of Proposed Rulemaking” (NPRM). Next is the comment period (90 days – December 29, 2009) and then public hearings scheduled for early 2010.  OSHA will then draft a Proposed Standard which will have to be reviewed by the Office of Management and Budget and will consult with the Small Business Administration.  The Proposal Standard will then get published in the Federal Register, and will most likely have a comment period.  FINALLY, OSHA will incorporate changes from comments into the Final Standard, which will be published in the Federal Register with the provisions taking effect over the following months or years.

It’s a long process.  Regulators don’t have the window of time to slumber.

1. The OSHA Standard for regulating safety in research and development laboratories is: Occupational Exposure to Hazardous Chemicals in Laboratories (29 CFR 1910.1450). The standard does not apply to production or QA/QC labs (see definition in #9).

2. The employer must develop and maintain a Chemical Hygiene Plan for each lab

3. The employer must designate a Chemical Hygiene Officer (an individual or group of individuals responsible for implementation of all requirements of the lab standard)

4. The employer must provide a formal training program for all employees that will work in R&D laboratories, to be provided prior to initial assignment AND whenever a new chemical, hazard, or task is introduced.

5. Training should include a review of the Chemical Hygiene Plan, location of MSDS’ and reference materials, chemical use and hazard information, standard operating procedures and emergency procedures, chemical labeling system, and proper storage.

6. An Up-to-date inventory maintained for all hazardous materials must be maintained

7. Hazardous Material Safety Data Sheets (MSDS) must be maintained and all employees must know the location of MSDS’ and related reference material

8. All chemical containers must have an appropriate label based on the labs labeling/identification system

9. Workplaces covered by the laboratory standard are determined by their conformance with the laboratory use and laboratory scale criteria, as defined in the standard terms as those operations involving:

• use of chemicals in relatively small quantities and multiple chemical procedures
• chemical containers of such a size that can be easily and safely handled by one person
• small scale research procedures (investigative scale), and not production processes (industrial scale)
• use of protective laboratory practices and equipment (e.g., fume hoods)

10. R&D Lab facilities may have other support operations (shipping/receiving, warehouse) where the OSHA Hazard Communications Standard 1910.1200 applies.

1. Is the material hazardous? This can be determined by looking at the Material Safety Data Sheet (MSDS) or the label.

2. Does the Department of Transportation consider the material a hazardous material for transportation? Check the Hazardous Material Table (HMT) found in 49 CFR 172.101.

3. Is the material listed by name in the HMT? If so, that would be the proper shipping name.

4. Is the material not listed by name in the HMT but is a hazardous material due to flammability, corrosivity, etc.? If so, a generic proper shipping name would be used. The generic proper shipping names are also located in the HMT.

5. Do you have personnel trained according to 49 CFR 172.704?

6. Do you have the proper label(s) as required by 49 CFR 172.400 – .450?

7. Is the packaging approved for the shipment of hazardous materials according to 49 CFR 173?

8. Have you completed the Shipper’s Declaration of Dangerous Goods?

9. Is the listed emergency response telephone number answered by a “live person?”

10. Failure to ship hazardous materials properly has resulted in monetary fines in the hundreds of thousands of dollars.

OSHA has unveiled its latest National Emphasis Program (NEP), the Process Safety Management (PSM) Covered Chemical Facilities National Emphasis Program. This program targets workplaces that could potentially release highly hazardous chemicals by evaluating their compliance of the PSM standard (29 CFR 1910.119). The only NAICS that has been excluded is 32411 (Petroleum refineries), which has been covered by the Petroleum Refinery Process Safety Management NEP.

The PSM Covered Chemical Facilities NEP will be used for programmed inspections at sites selected for the NEP in Regions 1, 7, and 10, unprogrammed and site-specific targeted PSM inspections in all OSHA Regions (click here to view the regions). Some of areas that will be assessed during the inspection include:

• Contract Employer Compliance (maintenance or construction).
• Individual processes. Includes: operator(s), age of the system and nature and PPE selection.
• Documentation. Includes: list of PSM-covered processes, maximum intended inventories, unit flow diagrams, process narrative descriptions, Process Hazard Analysis (PHA) and safe upper and lower operating limits and unit electrical classification diagrams.

For more information on the PSM Covered Chemical Facilities NEP, please refer to: http://osha.gov/OshDoc/Directive_pdf/CPL_02_09-06.pdf

In their attempts to increase workplace efficiency, employers and employees alike sometimes forget about a few basic safety requirements. Most commonly overlooked is OSHA’s Hazardous Communication (HAZCOM) standard which requires employers to provide employees with information “concerning chemical hazards and the appropriate protective measures for safe handling practices”. HazCom is an important part of work place safety because it provides employees with the basic understanding of the hazardous properties of the chemicals they may encounter, and more importantly, how exposure may be harmful to themselves or fellow workers.

One of the most memorable examples of efficiency gone wrong is what I experienced while training a group of Hispanic hotel workers. In the middle of teaching the concept of chemical incompatibility and its potential hazards, an employee stood up and said (in Spanish), “I have been mixing la bomba (the bomb) for a while, and I have not experienced anything you have covered.” I asked her what “the bomb” contained. She explained that, in order to save time, she would combine a number of surface and bathroom cleaners and degreasers in a spray bottle and would clean with that mixture. These chemicals were relatively safe if handled correctly, but by mixing them together, she’d created a more hazardous chemical.

After I reviewed the Material Safety Data Sheets (MSDS) of these products with the group, I asked whether they had ever seen a MSDS; unluckily the answer was no. After the class, I was bombarded with comments such as “no wonder my hands are so dry,” or “now I know why I have to wear the long rubber gloves.” As the students and supervisors departed, they shook my hand and thanked me for the class and the employee behind “the bomb” realized that in an effort to “do everything at once,” she was doing more harm than good and exposing herself to an unnecessary danger. These types of engagements are what make the Environmental, Health and Safety profession worthwhile.

I frequently remind employers that some OSHA standards require companies to provide effective or adequate training, while others have stricter guidance. OSHA’s newest interpretation of their training requirements clarifies and establishes the need to “instruct its employees using both a language and vocabulary that the employees can understand.”

What are the benefits of adequate, effective training? The employee benefits from increased awareness and avoidance of costly injuries. Meanwhile, the employer benefits from increased safety, lower workman’s compensation costs, morale and regulatory compliance.

Additional information:

Occupational Asthma

Dermal Exposure

Building Maintenance – Cleaning Products

Hazardous Chemicals

The Household Product Database

Janitorial Product Risk Evaluation