[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1200]
[Page 461-483]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)--Table of Contents
Subpart Z--Toxic and Hazardous Substances
Sec. 1910.1200 Hazard communication.
(a) Purpose. (1) The purpose of this section is to ensure that the
hazards of all chemicals produced or imported are evaluated, and that
information concerning their hazards is transmitted to employers and
employees. This transmittal of information is to be accomplished by
means of comprehensive hazard communication programs, which are to
include container labeling and other forms of warning, material safety
data sheets and employee training.
(2) This occupational safety and health standard is intended to
address comprehensively the issue of evaluating the potential hazards of
chemicals, and communicating information concerning hazards and
appropriate protective measures to employees, and to preempt any legal
requirements of a state, or political subdivision of a state, pertaining
to this subject. Evaluating the potential hazards of chemicals, and
communicating information concerning hazards and appropriate protective
measures to employees, may include, for example, but is not limited to,
provisions for: developing and maintaining a written hazard
communication program for the workplace, including lists of hazardous
chemicals present; labeling of containers of chemicals in the workplace,
as well as of containers of chemicals being shipped to other workplaces;
preparation and distribution of material safety data sheets to employees
and downstream employers; and development and implementation of employee
training programs regarding hazards of chemicals and protective
measures. Under section 18 of the Act, no state or political subdivision
of a state may adopt or enforce, through any court or agency, any
requirement relating to the issue addressed by this Federal standard,
except pursuant to a Federally-approved state plan.
(b) Scope and application. (1) This section requires chemical
manufacturers or importers to assess the hazards of chemicals which they
produce or import, and all employers to provide information to their
employees about the hazardous chemicals to which they are exposed, by
means of a hazard communication program, labels and other forms of
warning, material safety data sheets, and information and training. In
addition, this section requires distributors to transmit the required
information to employers. (Employers who do not produce or import
chemicals need only focus on those parts of this rule that deal with
establishing a workplace program and communicating information to their
workers. Appendix E of this section is a general guide for such
employers to help them determine their compliance obligations under the
rule.)
(2) This section applies 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.
(3) This section applies to laboratories only as follows:
(i) Employers shall ensure that labels on incoming containers of
hazardous chemicals are not removed or defaced;
(ii) Employers shall maintain any material safety data sheets that
are received with incoming shipments of hazardous chemicals, and ensure
that they are readily accessible during each workshift to laboratory
employees when they are in their work areas;
(iii) Employers shall ensure that laboratory employees are provided
information and training in accordance with paragraph (h) of this
section, except for the location and availability of the written hazard
communication program under paragraph (h)(2)(iii) of this section; and,
[[Page 462]]
(iv) Laboratory employers that ship hazardous chemicals are
considered to be either a chemical manufacturer or a distributor under
this rule, and thus must ensure that any containers of hazardous
chemicals leaving the laboratory are labeled in accordance with
paragraph (f)(1) of this section, and that a material safety data sheet
is provided to distributors and other employers in accordance with
paragraphs (g)(6) and (g)(7) of this section.
(4) In work operations where employees only handle chemicals in
sealed containers which are not opened under normal conditions of use
(such as are found in marine cargo handling, warehousing, or retail
sales), this section applies to these operations only as follows:
(i) Employers shall ensure that labels on incoming containers of
hazardous chemicals are not removed or defaced;
(ii) Employers shall maintain copies of any material safety data
sheets that are received with incoming shipments of the sealed
containers of hazardous chemicals, shall obtain a material safety data
sheet as soon as possible for sealed containers of hazardous chemicals
received without a material safety data sheet if an employee requests
the material safety data sheet, and shall ensure that the material
safety data sheets are readily accessible during each work shift to
employees when they are in their work area(s); and,
(iii) Employers shall ensure that employees are provided with
information and training in accordance with paragraph (h) of this
section (except for the location and availability of the written hazard
communication program under paragraph (h)(2)(iii) of this section), to
the extent necessary to protect them in the event of a spill or leak of
a hazardous chemical from a sealed container.
(5) This section does not require labeling of the following
chemicals:
(i) Any pesticide as such term is defined in the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when
subject to the labeling requirements of that Act and labeling
regulations issued under that Act by the Environmental Protection
Agency;
(ii) Any chemical substance or mixture as such terms are defined in
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject
to the labeling requirements of that Act and labeling regulations issued
under that Act by the Environmental Protection Agency.
(iii) Any food, food additive, color additive, drug, cosmetic, or
medical or veterinary device or product, including materials intended
for use as ingredients in such products (e.g. flavors and fragrances),
as such terms are defined in the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C.
151 et seq.), and regulations issued under those Acts, when they are
subject to the labeling requirements under those Acts by either the Food
and Drug Administration or the Department of Agriculture;
(iv) Any distilled spirits (beverage alcohols), wine, or malt
beverage intended for nonindustrial use, as such terms are defined in
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and
regulations issued under that Act, when subject to the labeling
requirements of that Act and labeling regulations issued under that Act
by the Bureau of Alcohol, Tobacco, and Firearms;
(v) Any consumer product or hazardous substance as those terms are
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively,
when subject to a consumer product safety standard or labeling
requirement of those Acts, or regulations issued under those Acts by the
Consumer Product Safety Commission; and,
(vi) Agricultural or vegetable seed treated with pesticides and
labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.)
and the labeling regulations issued under that Act by the Department of
Agriculture.
(6) This section does not apply to: (i) Any hazardous waste as such
term is defined by the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
6901 et seq.), when subject to regulations issued under that Act by the
Environmental Protection Agency;
[[Page 463]]
(ii) Any hazardous substance as such term is defined by the
Comprehensive Environmental Response, Compensation and Liability ACT
(CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the
focus of remedial or removal action being conducted under CERCLA in
accordance with Environmental Protection Agency regulations;
(iii) Tobacco or tobacco products;
(iv) Wood or wood products, including lumber which will not be
processed, where the chemical manufacturer or importer can establish
that the only hazard they pose to employees is the potential for
flammability or combustibility (wood or wood products which have been
treated with a hazardous chemical covered by this standard, and wood
which may be subsequently sawed or cut, generating dust, are not
exempted);
(v) Articles (as that term is defined in paragraph (c) of this
section);
(vi) Food or alcoholic beverages which are sold, used, or prepared
in a retail establishment (such as a grocery store, restaurant, or
drinking place), and foods intended for personal consumption by
employees while in the workplace;
(vii) Any drug, as that term is defined in the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final
form for direct administration to the patient (e.g., tablets or pills);
drugs which are packaged by the chemical manufacturer for sale to
consumers in a retail establishment (e.g., over-the-counter drugs); and
drugs intended for personal consumption by employees while in the
workplace (e.g., first aid supplies);
(viii) Cosmetics which are packaged for sale to consumers in a
retail establishment, and cosmetics intended for personal consumption by
employees while in the workplace;
(ix) Any consumer product or hazardous substance, as those terms are
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively,
where the employer can show that it is used in the workplace for the
purpose intended by the chemical manufacturer or importer of the
product, and the use results in a duration and frequency of exposure
which is not greater than the range of exposures that could reasonably
be experienced by consumers when used for the purpose intended;
(x) Nuisance particulates where the chemical manufacturer or
importer can establish that they do not pose any physical or health
hazard covered under this section;
(xi) Ionizing and nonionizing radiation; and,
(xii) Biological hazards.
(c) Definitions.
Article means a manufactured item other than a fluid or particle:
(i) which is formed to a specific shape or design during manufacture;
(ii) which has end use function(s) dependent in whole or in part upon
its shape or design during end use; and (iii) which under normal
conditions of use does not release more than very small quantities,
e.g., minute or trace amounts of a hazardous chemical (as determined
under paragraph (d) of this section), and does not pose a physical
hazard or health risk to employees.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Chemical means any element, chemical compound or mixture of elements
and/or compounds.
Chemical manufacturer means an employer with a workplace where
chemical(s) are produced for use or distribution.
Chemical name means the scientific designation of a chemical in
accordance with the nomenclature system developed by the International
Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts
Service (CAS) rules of nomenclature, or a name which will clearly
identify the chemical for the purpose of conducting a hazard evaluation.
Combustible liquid means any liquid having a flashpoint at or above
100 deg.F (37.8 deg.C), but below 200 deg.F (93.3 deg.C), except any
mixture having components with flashpoints of 200 deg.F (93.3 deg.C),
or higher, the total volume of which make up 99 percent or more of the
total volume of the mixture.
Commercial account means an arrangement whereby a retail distributor
[[Page 464]]
sells hazardous chemicals to an employer, generally in large quantities
over time and/or at costs that are below the regular retail price.
Common name means any designation or identification such as code
name, code number, trade name, brand name or generic name used to
identify a chemical other than by its chemical name.
Compressed gas means:
(i) A gas or mixture of gases having, in a container, an absolute
pressure exceeding 40 psi at 70 deg.F (21.1 deg.C); or
(ii) A gas or mixture of gases having, in a container, an absolute
pressure exceeding 104 psi at 130 deg.F (54.4 deg.C) regardless of the
pressure at 70 deg.F (21.1 deg.C); or
(iii) A liquid having a vapor pressure exceeding 40 psi at 100
deg.F (37.8 deg.C) as determined by ASTM D-323-72.
Container means any bag, barrel, bottle, box, can, cylinder, drum,
reaction vessel, storage tank, or the like that contains a hazardous
chemical. For purposes of this section, pipes or piping systems, and
engines, fuel tanks, or other operating systems in a vehicle, are not
considered to be containers.
Designated representative means any individual or organization to
whom an employee gives written authorization to exercise such employee's
rights under this section. A recognized or certified collective
bargaining agent shall be treated automatically as a designated
representative without regard to written employee authorization.
Director means the Director, National Institute for Occupational
Safety and Health, U.S. Department of Health and Human Services, or
designee.
Distributor means a business, other than a chemical manufacturer or
importer, which supplies hazardous chemicals to other distributors or to
employers.
Employee means a worker who may be exposed to hazardous chemicals
under normal operating conditions or in foreseeable emergencies. Workers
such as office workers or bank tellers who encounter hazardous chemicals
only in non-routine, isolated instances are not covered.
Employer means a person engaged in a business where chemicals are
either used, distributed, or are produced for use or distribution,
including a contractor or subcontractor.
Explosive means a chemical that causes a sudden, almost
instantaneous release of pressure, gas, and heat when subjected to
sudden shock, pressure, or high temperature.
Exposure or exposed means that an employee is subjected in the
course of employment to a chemical that is a physical or health hazard,
and includes potential (e.g. accidental or possible) exposure.
``Subjected'' in terms of health hazards includes any route of entry
(e.g. inhalation, ingestion, skin contact or absorption.)
Flammable means a chemical that falls into one of the following
categories:
(i) Aerosol, flammable means an aerosol that, when tested by the
method described in 16 CFR 1500.45, yields a flame projection exceeding
18 inches at full valve opening, or a flashback (a flame extending back
to the valve) at any degree of valve opening;
(ii) Gas, flammable means: (A) A gas that, at ambient temperature
and pressure, forms a flammable mixture with air at a concentration of
thirteen (13) percent by volume or less; or
(B) A gas that, at ambient temperature and pressure, forms a range
of flammable mixtures with air wider than twelve (12) percent by volume,
regardless of the lower limit;
(iii) Liquid, flammable means any liquid having a flashpoint below
100 deg.F (37.8 deg.C), except any mixture having components with
flashpoints of 100 deg.F (37.8 deg.C) or higher, the total of which
make up 99 percent or more of the total volume of the mixture.
(iv) Solid, flammable means a solid, other than a blasting agent or
explosive as defined in Sec. 1910.109(a), that is liable to cause fire
through friction, absorption of moisture, spontaneous chemical change,
or retained heat from manufacturing or processing, or which can be
ignited readily and when ignited burns so vigorously and persistently as
to create a serious hazard. A chemical shall be considered to be a
flammable solid if, when tested by the method described in 16 CFR
1500.44, it ignites and burns with a self-sustained flame at a rate
greater than one-tenth of an inch per second along its major axis.
[[Page 465]]
Flashpoint means the minimum temperature at which a liquid gives off
a vapor in sufficient concentration to ignite when tested as follows:
(i) Tagliabue Closed Tester (See American National Standard Method
of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-
79)) for liquids with a viscosity of less than 45 Saybolt Universal
Seconds (SUS) at 100 deg.F (37.8 deg.C), that do not contain suspended
solids and do not have a tendency to form a surface film under test; or
(ii) Pensky-Martens Closed Tester (see American National Standard
Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-
1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater
than 45 SUS at 100 deg.F (37.8 deg.C), or that contain suspended
solids, or that have a tendency to form a surface film under test; or
(iii) Setaflash Closed Tester (see American National Standard Method
of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).
Organic peroxides, which undergo autoaccelerating thermal decomposition,
are excluded from any of the flashpoint determination methods specified
above.
Foreseeable emergency means any potential occurrence such as, but
not limited to, equipment failure, rupture of containers, or failure of
control equipment which could result in an uncontrolled release of a
hazardous chemical into the workplace.
Hazardous chemical means any chemical which is a physical hazard or
a health hazard.
Hazard warning means any words, pictures, symbols, or combination
thereof appearing on a label or other appropriate form of warning which
convey the specific physical and health hazard(s), including target
organ effects, of the chemical(s) in the container(s). (See the
definitions for ``physical hazard'' and ``health hazard'' to determine
the hazards which must be covered.)
Health hazard means a chemical for which there is statistically
significant evidence based on at least one study conducted in accordance
with established scientific principles that acute or chronic health
effects may occur in exposed employees. The term ``health hazard''
includes chemicals which are carcinogens, toxic or highly toxic agents,
reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins,
nephrotoxins, neurotoxins, agents which act on the hematopoietic system,
and agents which damage the lungs, skin, eyes, or mucous membranes.
Appendix A provides further definitions and explanations of the scope of
health hazards covered by this section, and Appendix B describes the
criteria to be used to determine whether or not a chemical is to be
considered hazardous for purposes of this standard.
Identity means any chemical or common name which is indicated on the
material safety data sheet (MSDS) for the chemical. The identity used
shall permit cross-references to be made among the required list of
hazardous chemicals, the label and the MSDS.
Immediate use means that the hazardous chemical will be under the
control of and used only by the person who transfers it from a labeled
container and only within the work shift in which it is transferred.
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.
Label means any written, printed, or graphic material displayed on
or affixed to containers of hazardous chemicals.
Material safety data sheet (MSDS) means written or printed material
concerning a hazardous chemical which is prepared in accordance with
paragraph (g) of this section.
Mixture means any combination of two or more chemicals if the
combination is not, in whole or in part, the result of a chemical
reaction.
Organic peroxide means an organic compound that contains the
bivalent -O-O-structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms
has been replaced by an organic radical.
[[Page 466]]
Oxidizer means a chemical other than a blasting agent or explosive
as defined in Sec. 1910.109(a), that initiates or promotes combustion in
other materials, thereby causing fire either of itself or through the
release of oxygen or other gases.
Physical hazard means a chemical for which there is scientifically
valid evidence that it is a combustible liquid, a compressed gas,
explosive, flammable, an organic peroxide, an oxidizer, pyrophoric,
unstable (reactive) or water-reactive.
Produce means to manufacture, process, formulate, blend, extract,
generate, emit, or repackage.
Pyrophoric means a chemical that will ignite spontaneously in air at
a temperature of 130 deg.F (54.4 deg.C) or below.
Responsible party means someone who can provide additional
information on the hazardous chemical and appropriate emergency
procedures, if necessary.
Specific chemical identity means the chemical name, Chemical
Abstracts Service (CAS) Registry Number, or any other information that
reveals the precise chemical designation of the substance.
Trade secret means any confidential formula, pattern, process,
device, information or compilation of information that is used in an
employer's business, and that gives the employer an opportunity to
obtain an advantage over competitors who do not know or use it. Appendix
D sets out the criteria to be used in evaluating trade secrets.
Unstable (reactive) means a chemical which in the pure state, or as
produced or transported, will vigorously polymerize, decompose,
condense, or will become self-reactive under conditions of shocks,
pressure or temperature.
Use means to package, handle, react, emit, extract, generate as a
byproduct, or transfer.
Water-reactive means a chemical that reacts with water to release a
gas that is either flammable or presents a health hazard.
Work area means a room or defined space in a workplace where
hazardous chemicals are produced or used, and where employees are
present.
Workplace means an establishment, job site, or project, at one
geographical location containing one or more work areas.
(d) Hazard determination. (1) Chemical manufacturers and importers
shall evaluate chemicals produced in their workplaces or imported by
them to determine if they are hazardous. Employers are not required to
evaluate chemicals unless they choose not to rely on the evaluation
performed by the chemical manufacturer or importer for the chemical to
satisfy this requirement.
(2) Chemical manufacturers, importers or employers evaluating
chemicals shall identify and consider the available scientific evidence
concerning such hazards. For health hazards, evidence which is
statistically significant and which is based on at least one positive
study conducted in accordance with established scientific principles is
considered to be sufficient to establish a hazardous effect if the
results of the study meet the definitions of health hazards in this
section. Appendix A shall be consulted for the scope of health hazards
covered, and Appendix B shall be consulted for the criteria to be
followed with respect to the completeness of the evaluation, and the
data to be reported.
(3) The chemical manufacturer, importer or employer evaluating
chemicals shall treat the following sources as establishing that the
chemicals listed in them are hazardous:
(i) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances,
Occupational Safety and Health Administration (OSHA); or,
(ii) Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment, American Conference of Governmental
Industrial Hygienists (ACGIH) (latest edition). The chemical
manufacturer, importer, or employer is still responsible for evaluating
the hazards associated with the chemicals in these source lists in
accordance with the requirements of this standard.
(4) Chemical manufacturers, importers and employers evaluating
chemicals shall treat the following sources as establishing that a
chemical is a carcinogen or potential carcinogen for hazard
communication purposes:
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(i) National Toxicology Program (NTP), Annual Report on Carcinogens
(latest edition);
(ii) International Agency for Research on Cancer (IARC) Monographs
(latest editions); or
(iii) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances,
Occupational Safety and Health Administration.
Note: The Registry of Toxic Effects of Chemical Substances published
by the National Institute for Occupational Safety and Health indicates
whether a chemical has been found by NTP or IARC to be a potential
carcinogen.
(5) The chemical manufacturer, importer or employer shall determine
the hazards of mixtures of chemicals as follows:
(i) If a mixture has been tested as a whole to determine its
hazards, the results of such testing shall be used to determine whether
the mixture is hazardous;
(ii) If a mixture has not been tested as a whole to determine
whether the mixture is a health hazard, the mixture shall be assumed to
present the same health hazards as do the components which comprise one
percent (by weight or volume) or greater of the mixture, except that the
mixture shall be assumed to present a carcinogenic hazard if it contains
a component in concentrations of 0.1 percent or greater which is
considered to be a carcinogen under paragraph (d)(4) of this section;
(iii) If a mixture has not been tested as a whole to determine
whether the mixture is a physical hazard, the chemical manufacturer,
importer, or employer may use whatever scientifically valid data is
available to evaluate the physical hazard potential of the mixture; and,
(iv) If the chemical manufacturer, importer, or employer has
evidence to indicate that a component present in the mixture in
concentrations of less than one percent (or in the case of carcinogens,
less than 0.1 percent) could be released in concentrations which would
exceed an established OSHA permissible exposure limit or ACGIH Threshold
Limit Value, or could present a health risk to employees in those
concentrations, the mixture shall be assumed to present the same hazard.
(6) Chemical manufacturers, importers, or employers evaluating
chemicals shall describe in writing the procedures they use to determine
the hazards of the chemical they evaluate. The written procedures are to
be made available, upon request, to employees, their designated
representatives, the Assistant Secretary and the Director. The written
description may be incorporated into the written hazard communication
program required under paragraph (e) of this section.
(e) Written hazard communication program. (1) Employers shall
develop, implement, and maintain at each workplace, a written hazard
communication program which at least describes how the criteria
specified in paragraphs (f), (g), and (h) of this section for labels and
other forms of warning, material safety data sheets, and employee
information and training will be met, and which also includes the
following:
(i) A list of the hazardous chemicals known to be present using an
identity that is referenced on the appropriate material safety data
sheet (the list may be compiled for the workplace as a whole or for
individual work areas); and,
(ii) The methods the employer will use to inform employees of the
hazards of non-routine tasks (for example, the cleaning of reactor
vessels), and the hazards associated with chemicals contained in
unlabeled pipes in their work areas.
(2) Multi-employer workplaces. Employers who produce, use, or store
hazardous chemicals at a workplace in such a way that the employees of
other employer(s) may be exposed (for example, employees of a
construction contractor working on-site) shall additionally ensure that
the hazard communication programs developed and implemented under this
paragraph (e) include the following:
(i) The methods the employer will use to provide the other
employer(s) on-site access to material safety data sheets for each
hazardous chemical the other employer(s)' employees may be exposed to
while working;
(ii) The methods the employer will use to inform the other
employer(s) of any precautionary measures that need
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to be taken to protect employees during the workplace's normal operating
conditions and in foreseeable emergencies; and,
(iii) The methods the employer will use to inform the other
employer(s) of the labeling system used in the workplace.
(3) The employer may rely on an existing hazard communication
program to comply with these requirements, provided that it meets the
criteria established in this paragraph (e).
(4) The employer shall make the written hazard communication program
available, upon request, to employees, their designated representatives,
the Assistant Secretary and the Director, in accordance with the
requirements of 29 CFR 1910.20 (e).
(5) Where employees must travel between workplaces during a
workshift, i.e., their work is carried out at more than one geographical
location, the written hazard communication program may be kept at the
primary workplace facility.
(f) Labels and other forms of warning. (1) The chemical
manufacturer, importer, or distributor shall ensure that each container
of hazardous chemicals leaving the workplace is labeled, tagged or
marked with the following information:
(i) Identity of the hazardous chemical(s);
(ii) Appropriate hazard warnings; and
(iii) Name and address of the chemical manufacturer, importer, or
other responsible party.
(2)(i) For solid metal (such as a steel beam or a metal casting),
solid wood, or plastic items that are not exempted as articles due to
their downstream use, or shipments of whole grain, the required label
may be transmitted to the customer at the time of the initial shipment,
and need not be included with subsequent shipments to the same employer
unless the information on the label changes;
(ii) The label may be transmitted with the initial shipment itself,
or with the material safety data sheet that is to be provided prior to
or at the time of the first shipment; and,
(iii) This exception to requiring labels on every container of
hazardous chemicals is only for the solid material itself, and does not
apply to hazardous chemicals used in conjunction with, or known to be
present with, the material and to which employees handling the items in
transit may be exposed (for example, cutting fluids or pesticides in
grains).
(3) Chemical manufacturers, importers, or distributors shall ensure
that each container of hazardous chemicals leaving the workplace is
labeled, tagged, or marked in accordance with this section in a manner
which does not conflict with the requirements of the Hazardous Materials
Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under
that Act by the Department of Transportation.
(4) If the hazardous chemical is regulated by OSHA in a substance-
specific health standard, the chemical manufacturer, importer,
distributor or employer shall ensure that the labels or other forms of
warning used are in accordance with the requirements of that standard.
(5) Except as provided in paragraphs (f)(6) and (f)(7) of this
section, the employer shall ensure that each container of hazardous
chemicals in the workplace is labeled, tagged or marked with the
following information:
(i) Identity of the hazardous chemical(s) contained therein; and,
(ii) Appropriate hazard warnings, or alternatively, words, pictures,
symbols, or combination thereof, which provide at least general
information regarding the hazards of the chemicals, and which, in
conjunction with the other information immediately available to
employees under the hazard communication program, will provide employees
with the specific information regarding the physical and health hazards
of the hazardous chemical.
(6) The employer may use signs, placards, process sheets, batch
tickets, operating procedures, or other such written materials in lieu
of affixing labels to individual stationary process containers, as long
as the alternative method identifies the containers to which it is
applicable and conveys the information required by paragraph (f)(5) of
this section to be on a label. The written materials shall be readily
accessible to the employees in their work area throughout each work
shift.
[[Page 469]]
(7) The employer is not required to label portable containers into
which hazardous chemicals are transferred from labeled containers, and
which are intended only for the immediate use of the employee who
performs the transfer. For purposes of this section, drugs which are
dispensed by a pharmacy to a health care provider for direct
administration to a patient are exempted from labeling.
(8) The employer shall not remove or deface existing labels on
incoming containers of hazardous chemicals, unless the container is
immediately marked with the required information.
(9) The employer shall ensure that labels or other forms of warning
are legible, in English, and prominently displayed on the container, or
readily available in the work area throughout each work shift. Employers
having employees who speak other languages may add the information in
their language to the material presented, as long as the information is
presented in English as well.
(10) The chemical manufacturer, importer, distributor or employer
need not affix new labels to comply with this section if existing labels
already convey the required information.
(11) Chemical manufacturers, importers, distributors, or employers
who become newly aware of any significant information regarding the
hazards of a chemical shall revise the labels for the chemical within
three months of becoming aware of the new information. Labels on
containers of hazardous chemicals shipped after that time shall contain
the new information. If the chemical is not currently produced or
imported, the chemical manufacturer, importers, distributor, or employer
shall add the information to the label before the chemical is shipped or
introduced into the workplace again.
(g) Material safety data sheets. (1) Chemical manufacturers and
importers shall obtain or develop a material safety data sheet for each
hazardous chemical they produce or import. Employers shall have a
material safety data sheet in the workplace for each hazardous chemical
which they use.
(2) Each material safety data sheet shall be in English (although
the employer may maintain copies in other languages as well), and shall
contain at least the following information:
(i) The identity used on the label, and, except as provided for in
paragraph (i) of this section on trade secrets:
(A) If the hazardous chemical is a single substance, its chemical
and common name(s);
(B) If the hazardous chemical is a mixture which has been tested as
a whole to determine its hazards, the chemical and common name(s) of the
ingredients which contribute to these known hazards, and the common
name(s) of the mixture itself; or,
(C) If the hazardous chemical is a mixture which has not been tested
as a whole:
(1) The chemical and common name(s) of all ingredients which have
been determined to be health hazards, and which comprise 1% or greater
of the composition, except that chemicals identified as carcinogens
under paragraph (d) of this section shall be listed if the
concentrations are 0.1% or greater; and,
(2) The chemical and common name(s) of all ingredients which have
been determined to be health hazards, and which comprise less than 1%
(0.1% for carcinogens) of the mixture, if there is evidence that the
ingredient(s) could be released from the mixture in concentrations which
would exceed an established OSHA permissible exposure limit or ACGIH
Threshold Limit Value, or could present a health risk to employees; and,
(3) The chemical and common name(s) of all ingredients which have
been determined to present a physical hazard when present in the
mixture;
(ii) Physical and chemical characteristics of the hazardous chemical
(such as vapor pressure, flash point);
(iii) The physical hazards of the hazardous chemical, including the
potential for fire, explosion, and reactivity;
(iv) The health hazards of the hazardous chemical, including signs
and symptoms of exposure, and any medical conditions which are generally
recognized as being aggravated by exposure to the chemical;
(v) The primary route(s) of entry;
(vi) The OSHA permissible exposure limit, ACGIH Threshold Limit
Value,
[[Page 470]]
and any other exposure limit used or recommended by the chemical
manufacturer, importer, or employer preparing the material safety data
sheet, where available;
(vii) Whether the hazardous chemical is listed in the National
Toxicology Program (NTP) Annual Report on Carcinogens (latest edition)
or has been found to be a potential carcinogen in the International
Agency for Research on Cancer (IARC) Monographs (latest editions), or by
OSHA;
(viii) Any generally applicable precautions for safe handling and
use which are known to the chemical manufacturer, importer or employer
preparing the material safety data sheet, including appropriate hygienic
practices, protective measures during repair and maintenance of
contaminated equipment, and procedures for clean-up of spills and leaks;
(ix) Any generally applicable control measures which are known to
the chemical manufacturer, importer or employer preparing the material
safety data sheet, such as appropriate engineering controls, work
practices, or personal protective equipment;
(x) Emergency and first aid procedures;
(xi) The date of preparation of the material safety data sheet or
the last change to it; and,
(xii) The name, address and telephone number of the chemical
manufacturer, importer, employer or other responsible party preparing or
distributing the material safety data sheet, who can provide additional
information on the hazardous chemical and appropriate emergency
procedures, if necessary.
(3) If no relevant information is found for any given category on
the material safety data sheet, the chemical manufacturer, importer or
employer preparing the material safety data sheet shall mark it to
indicate that no applicable information was found.
(4) Where complex mixtures have similar hazards and contents (i.e.
the chemical ingredients are essentially the same, but the specific
composition varies from mixture to mixture), the chemical manufacturer,
importer or employer may prepare one material safety data sheet to apply
to all of these similar mixtures.
(5) The chemical manufacturer, importer or employer preparing the
material safety data sheet shall ensure that the information recorded
accurately reflects the scientific evidence used in making the hazard
determination. If the chemical manufacturer, importer or employer
preparing the material safety data sheet becomes newly aware of any
significant information regarding the hazards of a chemical, or ways to
protect against the hazards, this new information shall be added to the
material safety data sheet within three months. If the chemical is not
currently being produced or imported the chemical manufacturer or
importer shall add the information to the material safety data sheet
before the chemical is introduced into the workplace again.
(6)(i) Chemical manufacturers or importers shall ensure that
distributors and employers are provided an appropriate material safety
data sheet with their initial shipment, and with the first shipment
after a material safety data sheet is updated;
(ii) The chemical manufacturer or importer shall either provide
material safety data sheets with the shipped containers or send them to
the distributor or employer prior to or at the time of the shipment;
(iii) If the material safety data sheet is not provided with a
shipment that has been labeled as a hazardous chemical, the distributor
or employer shall obtain one from the chemical manufacturer or importer
as soon as possible; and,
(iv) The chemical manufacturer or importer shall also provide
distributors or employers with a material safety data sheet upon
request.
(7)(i) Distributors shall ensure that material safety data sheets,
and updated information, are provided to other distributors and
employers with their initial shipment and with the first shipment after
a material safety data sheet is updated;
(ii) The distributor shall either provide material safety data
sheets with the shipped containers, or send them to the other
distributor or employer prior to or at the time of the shipment;
[[Page 471]]
(iii) Retail distributors selling hazardous chemicals to employers
having a commercial account shall provide a material safety data sheet
to such employers upon request, and shall post a sign or otherwise
inform them that a material safety data sheet is available;
(iv) Wholesale distributors selling hazardous chemicals to employers
over-the-counter may also provide material safety data sheets upon the
request of the employer at the time of the over-the-counter purchase,
and shall post a sign or otherwise inform such employers that a material
safety data sheet is available;
(v) If an employer without a commercial account purchases a
hazardous chemical from a retail distributor not required to have
material safety data sheets on file (i.e., the retail distributor does
not have commercial accounts and does not use the materials), the retail
distributor shall provide the employer, upon request, with the name,
address, and telephone number of the chemical manufacturer, importer, or
distributor from which a material safety data sheet can be obtained;
(vi) Wholesale distributors shall also provide material safety data
sheets to employers or other distributors upon request; and,
(vii) Chemical manufacturers, importers, and distributors need not
provide material safety data sheets to retail distributors that have
informed them that the retail distributor does not sell the product to
commercial accounts or open the sealed container to use it in their own
workplaces.
(8) The employer shall maintain in the workplace copies of the
required material safety data sheets for each hazardous chemical, and
shall ensure that they are readily accessible during each work shift to
employees when they are in their work area(s). (Electronic access,
microfiche, and other alternatives to maintaining paper copies of the
material safety data sheets are permitted as long as no barriers to
immediate employee access in each workplace are created by such
options.)
(9) Where employees must travel between workplaces during a
workshift, i.e., their work is carried out at more than one geographical
location, the material safety data sheets may be kept at the primary
workplace facility. In this situation, the employer shall ensure that
employees can immediately obtain the required information in an
emergency.
(10) Material safety data sheets may be kept in any form, including
operating procedures, and may be designed to cover groups of hazardous
chemicals in a work area where it may be more appropriate to address the
hazards of a process rather than individual hazardous chemicals.
However, the employer shall ensure that in all cases the required
information is provided for each hazardous chemical, and is readily
accessible during each work shift to employees when they are in in their
work area(s).
(11) Material safety data sheets shall also be made readily
available, upon request, to designated representatives and to the
Assistant Secretary, in accordance with the requirements of 29 CFR
1910.20(e). The Director shall also be given access to material safety
data sheets in the same manner.
(h) Employee information and training. (1) Employers shall provide
employees with effective information and training on hazardous chemicals
in their work area at the time of their initial assignment, and whenever
a new physical or health hazard the employees have not previously been
trained about is introduced into their work area. Information and
training may be designed to cover categories of hazards (e.g.,
flammability, carcinogenicity) or specific chemicals. Chemical-specific
information must always be available through labels and material safety
data sheets.
(2) Information. Employees shall be informed of:
(i) The requirements of this section;
(ii) Any operations in their work area where hazardous chemicals are
present; and,
(iii) The location and availability of the written hazard
communication program, including the required list(s) of hazardous
chemicals, and material safety data sheets required by this section.
(3) Training. Employee training shall include at least:
(i) Methods and observations that may be used to detect the presence
or
[[Page 472]]
release of a hazardous chemical in the work area (such as monitoring
conducted by the employer, continuous monitoring devices, visual
appearance or odor of hazardous chemicals when being released, etc.);
(ii) The physical and health hazards of the chemicals in the work
area;
(iii) The measures employees can take to protect themselves from
these hazards, including specific procedures the employer has
implemented to protect employees from exposure to hazardous chemicals,
such as appropriate work practices, emergency procedures, and personal
protective equipment to be used; and,
(iv) The details of the hazard communication program developed by
the employer, including an explanation of the labeling system and the
material safety data sheet, and how employees can obtain and use the
appropriate hazard information.
(i) Trade secrets. (1) The chemical manufacturer, importer, or
employer may withhold the specific chemical identity, including the
chemical name and other specific identification of a hazardous chemical,
from the material safety data sheet, provided that:
(i) The claim that the information withheld is a trade secret can be
supported;
(ii) Information contained in the material safety data sheet
concerning the properties and effects of the hazardous chemical is
disclosed;
(iii) The material safety data sheet indicates that the specific
chemical identity is being withheld as a trade secret; and,
(iv) The specific chemical identity is made available to health
professionals, employees, and designated representatives in accordance
with the applicable provisions of this paragraph.
(2) Where a treating physician or nurse determines that a medical
emergency exists and the specific chemical identity of a hazardous
chemical is necessary for emergency or first-aid treatment, the chemical
manufacturer, importer, or employer shall immediately disclose the
specific chemical identity of a trade secret chemical to that treating
physician or nurse, regardless of the existence of a written statement
of need or a confidentiality agreement. The chemical manufacturer,
importer, or employer may require a written statement of need and
confidentiality agreement, in accordance with the provisions of
paragraphs (i) (3) and (4) of this section, as soon as circumstances
permit.
(3) In non-emergency situations, a chemical manufacturer, importer,
or employer shall, upon request, disclose a specific chemical identity,
otherwise permitted to be withheld under paragraph (i)(1) of this
section, to a health professional (i.e. physician, industrial hygienist,
toxicologist, epidemiologist, or occupational health nurse) providing
medical or other occupational health services to exposed employee(s),
and to employees or designated representatives, if:
(i) The request is in writing;
(ii) The request describes with reasonable detail one or more of the
following occupational health needs for the information:
(A) To assess the hazards of the chemicals to which employees will
be exposed;
(B) To conduct or assess sampling of the workplace atmosphere to
determine employee exposure levels;
(C) To conduct pre-assignment or periodic medical surveillance of
exposed employees;
(D) To provide medical treatment to exposed employees;
(E) To select or assess appropriate personal protective equipment
for exposed employees;
(F) To design or assess engineering controls or other protective
measures for exposed employees; and,
(G) To conduct studies to determine the health effects of exposure.
(iii) The request explains in detail why the disclosure of the
specific chemical identity is essential and that, in lieu thereof, the
disclosure of the following information to the health professional,
employee, or designated representative, would not satisfy the purposes
described in paragraph (i)(3)(ii) of this section:
(A) The properties and effects of the chemical;
(B) Measures for controlling workers' exposure to the chemical;
[[Page 473]]
(C) Methods of monitoring and analyzing worker exposure to the
chemical; and,
(D) Methods of diagnosing and treating harmful exposures to the
chemical;
(iv) The request includes a description of the procedures to be used
to maintain the confidentiality of the disclosed information; and,
(v) The health professional, and the employer or contractor of the
services of the health professional (i.e. downstream employer, labor
organization, or individual employee), employee, or designated
representative, agree in a written confidentiality agreement that the
health professional, employee, or designated representative, will not
use the trade secret information for any purpose other than the health
need(s) asserted and agree not to release the information under any
circumstances other than to OSHA, as provided in paragraph (i)(6) of
this section, except as authorized by the terms of the agreement or by
the chemical manufacturer, importer, or employer.
(4) The confidentiality agreement authorized by paragraph (i)(3)(iv)
of this section:
(i) May restrict the use of the information to the health purposes
indicated in the written statement of need;
(ii) May provide for appropriate legal remedies in the event of a
breach of the agreement, including stipulation of a reasonable pre-
estimate of likely damages; and,
(iii) May not include requirements for the posting of a penalty
bond.
(5) Nothing in this standard is meant to preclude the parties from
pursuing non-contractual remedies to the extent permitted by law.
(6) If the health professional, employee, or designated
representative receiving the trade secret information decides that there
is a need to disclose it to OSHA, the chemical manufacturer, importer,
or employer who provided the information shall be informed by the health
professional, employee, or designated representative prior to, or at the
same time as, such disclosure.
(7) If the chemical manufacturer, importer, or employer denies a
written request for disclosure of a specific chemical identity, the
denial must:
(i) Be provided to the health professional, employee, or designated
representative, within thirty days of the request;
(ii) Be in writing;
(iii) Include evidence to support the claim that the specific
chemical identity is a trade secret;
(iv) State the specific reasons why the request is being denied;
and,
(v) Explain in detail how alternative information may satisfy the
specific medical or occupational health need without revealing the
specific chemical identity.
(8) The health professional, employee, or designated representative
whose request for information is denied under paragraph (i)(3) of this
section may refer the request and the written denial of the request to
OSHA for consideration.
(9) When a health professional, employee, or designated
representative refers the denial to OSHA under paragraph (i)(8) of this
section, OSHA shall consider the evidence to determine if:
(i) The chemical manufacturer, importer, or employer has supported
the claim that the specific chemical identity is a trade secret;
(ii) The health professional, employee, or designated representative
has supported the claim that there is a medical or occupational health
need for the information; and,
(iii) The health professional, employee or designated representative
has demonstrated adequate means to protect the confidentiality.
(10)(i) If OSHA determines that the specific chemical identity
requested under paragraph (i)(3) of this section is not a bona fide
trade secret, or that it is a trade secret, but the requesting health
professional, employee, or designated representative has a legitimate
medical or occupational health need for the information, has executed a
written confidentiality agreement, and has shown adequate means to
protect the confidentiality of the information, the chemical
manufacturer, importer, or employer will be subject to citation by OSHA.
(ii) If a chemical manufacturer, importer, or employer demonstrates
to OSHA that the execution of a confidentiality agreement would not
provide
[[Page 474]]
sufficient protection against the potential harm from the unauthorized
disclosure of a trade secret specific chemical identity, the Assistant
Secretary may issue such orders or impose such additional limitations or
conditions upon the disclosure of the requested chemical information as
may be appropriate to assure that the occupational health services are
provided without an undue risk of harm to the chemical manufacturer,
importer, or employer.
(11) If a citation for a failure to release specific chemical
identity information is contested by the chemical manufacturer,
importer, or employer, the matter will be adjudicated before the
Occupational Safety and Health Review Commission in accordance with the
Act's enforcement scheme and the applicable Commission rules of
procedure. In accordance with the Commission rules, when a chemical
manufacturer, importer, or employer continues to withhold the
information during the contest, the Administrative Law Judge may review
the citation and supporting documentation in camera or issue appropriate
orders to protect the confidentiality of such matters.
(12) Notwithstanding the existence of a trade secret claim, a
chemical manufacturer, importer, or employer shall, upon request,
disclose to the Assistant Secretary any information which this section
requires the chemical manufacturer, importer, or employer to make
available. Where there is a trade secret claim, such claim shall be made
no later than at the time the information is provided to the Assistant
Secretary so that suitable determinations of trade secret status can be
made and the necessary protections can be implemented.
(13) Nothing in this paragraph shall be construed as requiring the
disclosure under any circumstances of process or percentage of mixture
information which is a trade secret.
(j) Effective dates. Chemical manufacturers, importers,
distributors, and employers shall be in compliance with all provisions
of this section by March 11, 1994.
Note: The effective date of the clarification that the exemption of
wood and wood products from the Hazard Communication standard in
paragraph (b)(6)(iv) only applies to wood and wood products including
lumber which will not be processed, where the manufacturer or importer
can establish that the only hazard they pose to employees is the
potential for flammability or combustibility, and that the exemption
does not apply to wood or wood products which have been treated with a
hazardous chemical covered by this standard, and wood which may be
subsequently sawed or cut generating dust has been stayed from March 11,
1994 to August 11, 1994.
Appendix A to Sec. 1910.1200--Health Hazard Definitions (Mandatory)
Although safety hazards related to the physical characteristics of a
chemical can be objectively defined in terms of testing requirements
(e.g. flammability), health hazard definitions are less precise and more
subjective. Health hazards may cause measurable changes in the body--
such as decreased pulmonary function. These changes are generally
indicated by the occurrence of signs and symptoms in the exposed
employees--such as shortness of breath, a non-measurable, subjective
feeling. Employees exposed to such hazards must be apprised of both the
change in body function and the signs and symptoms that may occur to
signal that change.
The determination of occupational health hazards is complicated by
the fact that many of the effects or signs and symptoms occur commonly
in non-occupationally exposed populations, so that effects of exposure
are difficult to separate from normally occurring illnesses.
Occasionally, a substance causes an effect that is rarely seen in the
population at large, such as angiosarcomas caused by vinyl chloride
exposure, thus making it easier to ascertain that the occupational
exposure was the primary causative factor. More often, however, the
effects are common, such as lung cancer. The situation is further
complicated by the fact that most chemicals have not been adequately
tested to determine their health hazard potential, and data do not exist
to substantiate these effects.
There have been many attempts to categorize effects and to define
them in various ways. Generally, the terms ``acute'' and ``chronic'' are
used to delineate between effects on the basis of severity or duration.
``Acute'' effects usually occur rapidly as a result of short-term
exposures, and are of short duration. ``Chronic'' effects generally
occur as a result of long-term exposure, and are of long duration.
The acute effects referred to most frequently are those defined by
the American National Standards Institute (ANSI) standard for
Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1988)--
irritation, corrosivity, sensitization and lethal dose. Although these
are important health effects, they do not adequately cover the
[[Page 475]]
considerable range of acute effects which may occur as a result of
occupational exposure, such as, for example, narcosis.
Similarly, the term chronic effect is often used to cover only
carcinogenicity, teratogenicity, and mutagenicity. These effects are
obviously a concern in the workplace, but again, do not adequately cover
the area of chronic effects, excluding, for example, blood dyscrasias
(such as anemia), chronic bronchitis and liver atrophy.
The goal of defining precisely, in measurable terms, every possible
health effect that may occur in the workplace as a result of chemical
exposures cannot realistically be accomplished. This does not negate the
need for employees to be informed of such effects and protected from
them. Appendix B, which is also mandatory, outlines the principles and
procedures of hazard assessment.
For purposes of this section, any chemicals which meet any of the
following definitions, as determined by the criteria set forth in
Appendix B are health hazards. However, this is not intended to be an
exclusive categorization scheme. If there are available scientific data
that involve other animal species or test methods, they must also be
evaluated to determine the applicability of the HCS.7
1. Carcinogen: A chemical is considered to be a carcinogen if:
(a) It has been evaluated by the International Agency for Research
on Cancer (IARC), and found to be a carcinogen or potential carcinogen;
or
(b) It is listed as a carcinogen or potential carcinogen in the
Annual Report on Carcinogens published by the National Toxicology
Program (NTP) (latest edition); or,
(c) It is regulated by OSHA as a carcinogen.
2. Corrosive: A chemical that causes visible destruction of, or
irreversible alterations in, living tissue by chemical action at the
site of contact. For example, a chemical is considered to be corrosive
if, when tested on the intact skin of albino rabbits by the method
described by the U.S. Department of Transportation in appendix A to 49
CFR part 173, it destroys or changes irreversibly the structure of the
tissue at the site of contact following an exposure period of four
hours. This term shall not refer to action on inanimate surfaces.
3. Highly toxic: A chemical falling within any of the following
categories:
(a) A chemical that has a median lethal dose (LD50) of 50
milligrams or less per kilogram of body weight when administered orally
to albino rats weighing between 200 and 300 grams each.
(b) A chemical that has a median lethal dose (LD50) of
200 milligrams or less per kilogram of body weight when administered by
continuous contact for 24 hours (or less if death occurs within 24
hours) with the bare skin of albino rabbits weighing between two and
three kilograms each.
(c) A chemical that has a median lethal concentration
(LC50) in air of 200 parts per million by volume or less of
gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust,
when administered by continuous inhalation for one hour (or less if
death occurs within one hour) to albino rats weighing between 200 and
300 grams each.
4. Irritant: A chemical, which is not corrosive, but which causes a
reversible inflammatory effect on living tissue by chemical action at
the site of contact. A chemical is a skin irritant if, when tested on
the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for
four hours exposure or by other appropriate techniques, it results in an
empirical score of five or more. A chemical is an eye irritant if so
determined under the procedure listed in 16 CFR 1500.42 or other
appropriate techniques.
5. Sensitizer: A chemical that causes a substantial proportion of
exposed people or animals to develop an allergic reaction in normal
tissue after repeated exposure to the chemical.
6. Toxic. A chemical falling within any of the following categories:
(a) A chemical that has a median lethal dose (LD50) of
more than 50 milligrams per kilogram but not more than 500 milligrams
per kilogram of body weight when administered orally to albino rats
weighing between 200 and 300 grams each.
(b) A chemical that has a median lethal dose (LD50) of
more than 200 milligrams per kilogram but not more than 1,000 milligrams
per kilogram of body weight when administered by continuous contact for
24 hours (or less if death occurs within 24 hours) with the bare skin of
albino rabbits weighing between two and three kilograms each.
(c) A chemical that has a median lethal concentration
(LC50) in air of more than 200 parts per million but not more
than 2,000 parts per million by volume of gas or vapor, or more than two
milligrams per liter but not more than 20 milligrams per liter of mist,
fume, or dust, when administered by continuous inhalation for one hour
(or less if death occurs within one hour) to albino rats weighing
between 200 and 300 grams each.
7. Target organ effects.
The following is a target organ categorization of effects which may
occur, including examples of signs and symptoms and chemicals which have
been found to cause such effects. These examples are presented to
illustrate the range and diversity of effects and hazards found in the
workplace, and the broad scope employers must consider in this area, but
are not intended to be all-inclusive.
a. Hepatotoxins: Chemicals which produce liver damage3
Signs & Symptoms: Jaundice; liver enlargement
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Chemicals: Carbon tetrachloride; nitrosamines
b. Nephrotoxins: Chemicals which produce kidney damage
Signs & Symptoms: Edema; proteinuria
Chemicals: Halogenated hydrocarbons; uranium
c. Neurotoxins: Chemicals which produce their primary toxic effects on
the nervous system
Signs & Symptoms: Narcosis; behavioral changes; decrease in motor
functions
Chemicals: Mercury; carbon disulfide
d. Agents which act on the blood or hemato-poietic system: Decrease
hemoglobin function; deprive the body tissues of oxygen
Signs & Symptoms: Cyanosis; loss of consciousness
Chemicals: Carbon monoxide; cyanides
e. Agents which damage the lung: Chemicals which irritate or damage
pulmonary tissue
Signs & Symptoms: Cough; tightness in chest; shortness of breath
Chemicals: Silica; asbestos
f. Reproductive toxins: Chemicals which affect the reproductive
capabilities including chromosomal damage (mutations) and
effects on fetuses (teratogenesis)
Signs & Symptoms: Birth defects; sterility
Chemicals: Lead; DBCP
g. Cutaneous hazards: Chemicals which affect the dermal layer of the
body
Signs & Symptoms: Defatting of the skin; rashes; irritation
Chemicals: Ketones; chlorinated compounds
h. Eye hazards: Chemicals which affect the eye or visual capacity
Signs & Symptoms: Conjunctivitis; corneal damage
Chemicals: Organic solvents; acids
Appendix B to Sec. 1910.1200--Hazard Determination (Mandatory)
The quality of a hazard communication program is largely dependent
upon the adequacy and accuracy of the hazard determination. The hazard
determination requirement of this standard is performance-oriented.
Chemical manufacturers, importers, and employers evaluating chemicals
are not required to follow any specific methods for determining hazards,
but they must be able to demonstrate that they have adequately
ascertained the hazards of the chemicals produced or imported in
accordance with the criteria set forth in this Appendix.
Hazard evaluation is a process which relies heavily on the
professional judgment of the evaluator, particularly in the area of
chronic hazards. The performance-orientation of the hazard determination
does not diminish the duty of the chemical manufacturer, importer or
employer to conduct a thorough evaluation, examining all relevant data
and producing a scientifically defensible evaluation. For purposes of
this standard, the following criteria shall be used in making hazard
determinations that meet the requirements of this standard.
1. Carcinogenicity: As described in paragraph (d)(4) of this section
and Appendix A of this section, a determination by the National
Toxicology Program, the International Agency for Research on Cancer, or
OSHA that a chemical is a carcinogen or potential carcinogen will be
considered conclusive evidence for purposes of this section. In
addition, however, all available scientific data on carcinogenicity must
be evaluated in accordance with the provisions of this Appendix and the
requirements of the rule.
2. Human data: Where available, epidemiological studies and case
reports of adverse health effects shall be considered in the evaluation.
3. Animal data: Human evidence of health effects in exposed
populations is generally not available for the majority of chemicals
produced or used in the workplace. Therefore, the available results of
toxicological testing in animal populations shall be used to predict the
health effects that may be experienced by exposed workers. In
particular, the definitions of certain acute hazards refer to specific
animal testing results (see Appendix A).
4. Adequacy and reporting of data. The results of any studies which
are designed and conducted according to established scientific
principles, and which report statistically significant conclusions
regarding the health effects of a chemical, shall be a sufficient basis
for a hazard determination and reported on any material safety data
sheet. In vitro studies alone generally do not form the basis for a
definitive finding of hazard under the HCS since they have a positive or
negative result rather than a statistically significant finding.
The chemical manufacturer, importer, or employer may also report the
results of other scientifically valid studies which tend to refute the
findings of hazard.
Appendix C to Sec. 1910.1200 [Reserved]
Appendix D to Sec. 1910.1200--Definition of ``Trade Secret'' (Mandatory)
The following is a reprint of the Restatement of Torts section 757,
comment b (1939):
b. Definition of trade secret. A trade secret may consist of any
formula, pattern, device or compilation of information which is used in
one's business, and which gives him an opportunity to obtain an
advantage over competitors who do not know or use it. It may be a
formula for a chemical compound, a process of manufacturing, treating or
preserving materials, a pattern for a machine or other device, or a list
of customers. It differs from other secret information in a business
(see
[[Page 477]]
s759 of the Restatement of Torts which is not included in this Appendix)
in that it is not simply information as to single or ephemeral events in
the conduct of the business, as, for example, the amount or other terms
of a secret bid for a contract or the salary of certain employees, or
the security investments made or contemplated, or the date fixed for the
announcement of a new policy or for bringing out a new model or the
like. A trade secret is a process or device for continuous use in the
operations of the business. Generally it relates to the production of
goods, as, for example, a machine or formula for the production of an
article. It may, however, relate to the sale of goods or to other
operations in the business, such as a code for determining discounts,
rebates or other concessions in a price list or catalogue, or a list of
specialized customers, or a method of bookkeeping or other office
management.
Secrecy. The subject matter of a trade secret must be secret.
Matters of public knowledge or of general knowledge in an industry
cannot be appropriated by one as his secret. Matters which are
completely disclosed by the goods which one markets cannot be his
secret. Substantially, a trade secret is known only in the particular
business in which it is used. It is not requisite that only the
proprietor of the business know it. He may, without losing his
protection, communicate it to employees involved in its use. He may
likewise communicate it to others pledged to secrecy. Others may also
know of it independently, as, for example, when they have discovered the
process or formula by independent invention and are keeping it secret.
Nevertheless, a substantial element of secrecy must exist, so that,
except by the use of improper means, there would be difficulty in
acquiring the information. An exact definition of a trade secret is not
possible. Some factors to be considered in determining whether given
information is one's trade secret are: (1) The extent to which the
information is known outside of his business; (2) the extent to which it
is known by employees and others involved in his business; (3) the
extent of measures taken by him to guard the secrecy of the information;
(4) the value of the information to him and his competitors; (5) the
amount of effort or money expended by him in developing the information;
(6) the ease or difficulty with which the information could be properly
acquired or duplicated by others.
Novelty and prior art. A trade secret may be a device or process
which is patentable; but it need not be that. It may be a device or
process which is clearly anticipated in the prior art or one which is
merely a mechanical improvement that a good mechanic can make. Novelty
and invention are not requisite for a trade secret as they are for
patentability. These requirements are essential to patentability because
a patent protects against unlicensed use of the patented device or
process even by one who discovers it properly through independent
research. The patent monopoly is a reward to the inventor. But such is
not the case with a trade secret. Its protection is not based on a
policy of rewarding or otherwise encouraging the development of secret
processes or devices. The protection is merely against breach of faith
and reprehensible means of learning another's secret. For this limited
protection it is not appropriate to require also the kind of novelty and
invention which is a requisite of patentability. The nature of the
secret is, however, an important factor in determining the kind of
relief that is appropriate against one who is subject to liability under
the rule stated in this Section. Thus, if the secret consists of a
device or process which is a novel invention, one who acquires the
secret wrongfully is ordinarily enjoined from further use of it and is
required to account for the profits derived from his past use. If, on
the other hand, the secret consists of mechanical improvements that a
good mechanic can make without resort to the secret, the wrongdoer's
liability may be limited to damages, and an injunction against future
use of the improvements made with the aid of the secret may be
inappropriate.
Appendix E to Sec. 1910.1200--(Advisory)--Guidelines for Employer
Compliance
The Hazard Communication Standard (HCS) is based on a simple
concept--that employees have both a need and a right to know the hazards
and identities of the chemicals they are exposed to when working. They
also need to know what protective measures are available to prevent
adverse effects from occurring. The HCS is designed to provide employees
with the information they need.
Knowledge acquired under the HCS will help employers provide safer
workplaces for their employees. When employers have information about
the chemicals being used, they can take steps to reduce exposures,
substitute less hazardous materials, and establish proper work
practices. These efforts will help prevent the occurrence of work-
related illnesses and injuries caused by chemicals.
The HCS addresses the issues of evaluating and communicating hazards
to workers. Evaluation of chemical hazards involves a number of
technical concepts, and is a process that requires the professional
judgment of experienced experts. That's why the HCS is designed so that
employers who simply use chemicals, rather than produce or import them,
are not required to evaluate the hazards of those chemicals. Hazard
determination is the responsibility of the producers and importers of
the materials. Producers and importers of chemicals are then required to
provide the hazard information to employers that purchase their
products.
[[Page 478]]
Employers that don't produce or import chemicals need only focus on
those parts of the rule that deal with establishing a workplace program
and communicating information to their workers. This appendix is a
general guide for such employers to help them determine what's required
under the rule. It does not supplant or substitute for the regulatory
provisions, but rather provides a simplified outline of the steps an
average employer would follow to meet those requirements.
1. Becoming Familiar With The Rule.
OSHA has provided a simple summary of the HCS in a pamphlet entitled
``Chemical Hazard Communication,'' OSHA Publication Number 3084. Some
employers prefer to begin to become familiar with the rule's
requirements by reading this pamphlet. A copy may be obtained from your
local OSHA Area Office, or by contacting the OSHA Publications Office at
(202) 523-9667.
The standard is long, and some parts of it are technical, but the
basic concepts are simple. In fact, the requirements reflect what many
employers have been doing for years. You may find that you are already
largely in compliance with many of the provisions, and will simply have
to modify your existing programs somewhat. If you are operating in an
OSHA-approved State Plan State, you must comply with the State's
requirements, which may be different than those of the Federal rule.
Many of the State Plan States had hazard communication or ``right-to-
know'' laws prior to promulgation of the Federal rule. Employers in
State Plan States should contact their State OSHA offices for more
information regarding applicable requirements.
The HCS requires information to be prepared and transmitted
regarding all hazardous chemicals. The HCS covers both physical hazards
(such as flammability), and health hazards (such as irritation, lung
damage, and cancer). Most chemicals used in the workplace have some
hazard potential, and thus will be covered by the rule.
One difference between this rule and many others adopted by OSHA is
that this one is performance-oriented. That means that you have the
flexibility to adapt the rule to the needs of your workplace, rather
than having to follow specific, rigid requirements. It also means that
you have to exercise more judgment to implement an appropriate and
effective program.
The standard's design is simple. Chemical manufacturers and
importers must evaluate the hazards of the chemicals they produce or
import. Using that information, they must then prepare labels for
containers, and more detailed technical bulletins called material safety
data sheets (MSDS).
Chemical manufacturers, importers, and distributors of hazardous
chemicals are all required to provide the appropriate labels and
material safety data sheets to the employers to which they ship the
chemicals. The information is to be provided automatically. Every
container of hazardous chemicals you receive must be labeled, tagged, or
marked with the required information. Your suppliers must also send you
a properly completed material safety data sheet (MSDS) at the time of
the first shipment of the chemical, and with the next shipment after the
MSDS is updated with new and significant information about the hazards.
You can rely on the information received from your suppliers. You
have no independent duty to analyze the chemical or evaluate the hazards
of it.
Employers that ``use'' hazardous chemicals must have a program to
ensure the information is provided to exposed employees. ``Use'' means
to package, handle, react, or transfer. This is an intentionally broad
scope, and includes any situation where a chemical is present in such a
way that employees may be exposed under normal conditions of use or in a
foreseeable emergency.
The requirements of the rule that deal specifically with the hazard
communication program are found in this section in paragraphs (e),
written hazard communication program; (f), labels and other forms of
warning; (g), material safety data sheets; and (h), employee information
and training. The requirements of these paragraphs should be the focus
of your attention. Concentrate on becoming familiar with them, using
paragraphs (b), scope and application, and (c), definitions, as
references when needed to help explain the provisions.
There are two types of work operations where the coverage of the
rule is limited. These are laboratories and operations where chemicals
are only handled in sealed containers (e.g., a warehouse). The limited
provisions for these workplaces can be found in paragraph (b) of this
section, scope and application. Basically, employers having these types
of work operations need only keep labels on containers as they are
received; maintain material safety data sheets that are received, and
give employees access to them; and provide information and training for
employees. Employers do not have to have written hazard communication
programs and lists of chemicals for these types of operations.
The limited coverage of laboratories and sealed container operations
addresses the obligation of an employer to the workers in the operations
involved, and does not affect the employer's duties as a distributor of
chemicals. For example, a distributor may have warehouse operations
where employees would be protected under the limited sealed container
provisions. In this situation, requirements for obtaining and
maintaining MSDSs are limited to providing access to
[[Page 479]]
those received with containers while the substance is in the workplace,
and requesting MSDSs when employees request access for those not
received with the containers. However, as a distributor of hazardous
chemicals, that employer will still have responsibilities for providing
MSDSs to downstream customers at the time of the first shipment and when
the MSDS is updated. Therefore, although they may not be required for
the employees in the work operation, the distributor may, nevertheless,
have to have MSDSs to satisfy other requirements of the rule.
2. Identify Responsible Staff
Hazard communication is going to be a continuing program in your
facility. Compliance with the HCS is not a ``one shot deal.'' In order
to have a successful program, it will be necessary to assign
responsibility for both the initial and ongoing activities that have to
be undertaken to comply with the rule. In some cases, these activities
may already be part of current job assignments. For example, site
supervisors are frequently responsible for on-the-job training sessions.
Early identification of the responsible employees, and involvement of
them in the development of your plan of action, will result in a more
effective program design. Evaluation of the effectiveness of your
program will also be enhanced by involvement of affected employees.
For any safety and health program, success depends on commitment at
every level of the organization. This is particularly true for hazard
communication, where success requires a change in behavior. This will
only occur if employers understand the program, and are committed to its
success, and if employees are motivated by the people presenting the
information to them.
3. Identify Hazardous Chemicals in the Workplace.
The standard requires a list of hazardous chemicals in the workplace
as part of the written hazard communication program. The list will
eventually serve as an inventory of everything for which an MSDS must be
maintained. At this point, however, preparing the list will help you
complete the rest of the program since it will give you some idea of the
scope of the program required for compliance in your facility.
The best way to prepare a comprehensive list is to survey the
workplace. Purchasing records may also help, and certainly employers
should establish procedures to ensure that in the future purchasing
procedures result in MSDSs being received before a material is used in
the workplace.
The broadest possible perspective should be taken when doing the
survey. Sometimes people think of ``chemicals'' as being only liquids in
containers. The HCS covers chemicals in all physical forms--liquids,
solids, gases, vapors, fumes, and mists--whether they are ``contained''
or not. The hazardous nature of the chemical and the potential for
exposure are the factors which determine whether a chemical is covered.
If it's not hazardous, it's not covered. If there is no potential for
exposure (e.g., the chemical is inextricably bound and cannot be
released), the rule does not cover the chemical.
Look around. Identify chemicals in containers, including pipes, but
also think about chemicals generated in the work operations. For
example, welding fumes, dusts, and exhaust fumes are all sources of
chemical exposures. Read labels provided by suppliers for hazard
information. Make a list of all chemicals in the workplace that are
potentially hazardous. For your own information and planning, you may
also want to note on the list the location(s) of the products within the
workplace, and an indication of the hazards as found on the label. This
will help you as you prepare the rest of your program.
Paragraph (b) of this section, scope and application, includes
exemptions for various chemicals or workplace situations. After
compiling the complete list of chemicals, you should review paragraph
(b) of this section to determine if any of the items can be eliminated
from the list because they are exempted materials. For example, food,
drugs, and cosmetics brought into the workplace for employee consumption
are exempt. So rubbing alcohol in the first aid kit would not be
covered.
Once you have compiled as complete a list as possible of the
potentially hazardous chemicals in the workplace, the next step is to
determine if you have received material safety data sheets for all of
them. Check your files against the inventory you have just compiled. If
any are missing, contact your supplier and request one. It is a good
idea to document these requests, either by copy of a letter or a note
regarding telephone conversations. If you have MSDSs for chemicals that
are not on your list, figure out why. Maybe you don't use the chemical
anymore. Or maybe you missed it in your survey. Some suppliers do
provide MSDSs for products that are not hazardous. These do not have to
be maintained by you.
You should not allow employees to use any chemicals for which you
have not received an MSDS. The MSDS provides information you need to
ensure proper protective measures are implemented prior to exposure.
4. Preparing and Implementing a Hazard Communication Program
All workplaces where employees are exposed to hazardous chemicals
must have a written plan which describes how the standard will be
implemented in that facility. Preparation of a plan is not just a paper
[[Page 480]]
exercise--all of the elements must be implemented in the workplace in
order to be in compliance with the rule. See paragraph (e) of this
section for the specific requirements regarding written hazard
communication programs. The only work operations which do not have to
comply with the written plan requirements are laboratories and work
operations where employees only handle chemicals in sealed containers.
See paragraph (b) of this section, scope and application, for the
specific requirements for these two types of workplaces.
The plan does not have to be lengthy or complicated. It is intended
to be a blueprint for implementation of your program--an assurance that
all aspects of the requirements have been addressed.
Many trade associations and other professional groups have provided
sample programs and other assistance materials to affected employers.
These have been very helpful to many employers since they tend to be
tailored to the particular industry involved. You may wish to
investigate whether your industry trade groups have developed such
materials.
Although such general guidance may be helpful, you must remember
that the written program has to reflect what you are doing in your
workplace. Therefore, if you use a generic program it must be adapted to
address the facility it covers. For example, the written plan must list
the chemicals present at the site, indicate who is to be responsible for
the various aspects of the program in your facility, and indicate where
written materials will be made available to employees.
If OSHA inspects your workplace for compliance with the HCS, the
OSHA compliance officer will ask to see your written plan at the outset
of the inspection. In general, the following items will be considered in
evaluating your program.
The written program must describe how the requirements for labels
and other forms of warning, material safety data sheets, and employee
information and training, are going to be met in your facility. The
following discussion provides the type of information compliance
officers will be looking for to decide whether these elements of the
hazard communication program have been properly addressed:
A. Labels and Other Forms of Warning
In-plant containers of hazardous chemicals must be labeled, tagged,
or marked with the identity of the material and appropriate hazard
warnings. Chemical manufacturers, importers, and distributors are
required to ensure that every container of hazardous chemicals they ship
is appropriately labeled with such information and with the name and
address of the producer or other responsible party. Employers purchasing
chemicals can rely on the labels provided by their suppliers. If the
material is subsequently transferred by the employer from a labeled
container to another container, the employer will have to label that
container unless it is subject to the portable container exemption. See
paragraph (f) of this section for specific labeling requirements.
The primary information to be obtained from an OSHA-required label
is an identity for the material, and appropriate hazard warnings. The
identity is any term which appears on the label, the MSDS, and the list
of chemicals, and thus links these three sources of information. The
identity used by the supplier may be a common or trade name (``Black
Magic Formula''), or a chemical name (1,1,1,-trichloroethane). The
hazard warning is a brief statement of the hazardous effects of the
chemical (``flammable,'' ``causes lung damage''). Labels frequently
contain other information, such as precautionary measures (``do not use
near open flame''), but this information is provided voluntarily and is
not required by the rule. Labels must be legible, and prominently
displayed. There are no specific requirements for size or color, or any
specified text.
With these requirements in mind, the compliance officer will be
looking for the following types of information to ensure that labeling
will be properly implemented in your facility:
1. Designation of person(s) responsible for ensuring labeling of in-
plant containers;
2. Designation of person(s) responsible for ensuring labeling of any
shipped containers;
3. Description of labeling system(s) used;
4. Description of written alternatives to labeling of in-plant
containers (if used); and,
5. Procedures to review and update label information when necessary.
Employers that are purchasing and using hazardous chemicals--rather
than producing or distributing them--will primarily be concerned with
ensuring that every purchased container is labeled. If materials are
transferred into other containers, the employer must ensure that these
are labeled as well, unless they fall under the portable container
exemption (paragraph (f)(7) of this section). In terms of labeling
systems, you can simply choose to use the labels provided by your
suppliers on the containers. These will generally be verbal text labels,
and do not usually include numerical rating systems or symbols that
require special training. The most important thing to remember is that
this is a continuing duty--all in-plant containers of hazardous
chemicals must always be labeled. Therefore, it is important to
designate someone to be responsible for ensuring that the labels are
maintained as required on the containers in your facility, and that
newly purchased materials are checked for labels prior to use.
[[Page 481]]
B. Material Safety Data Sheets
Chemical manufacturers and importers are required to obtain or
develop a material safety data sheet for each hazardous chemical they
produce or import. Distributors are responsible for ensuring that their
customers are provided a copy of these MSDSs. Employers must have an
MSDS for each hazardous chemical which they use. Employers may rely on
the information received from their suppliers. The specific requirements
for material safety data sheets are in paragraph (g) of this section.
There is no specified format for the MSDS under the rule, although
there are specific information requirements. OSHA has developed a non-
mandatory format, OSHA Form 174, which may be used by chemical
manufacturers and importers to comply with the rule. The MSDS must be in
English. You are entitled to receive from your supplier a data sheet
which includes all of the information required under the rule. If you do
not receive one automatically, you should request one. If you receive
one that is obviously inadequate, with, for example, blank spaces that
are not completed, you should request an appropriately completed one. If
your request for a data sheet or for a corrected data sheet does not
produce the information needed, you should contact your local OSHA Area
Office for assistance in obtaining the MSDS.
The role of MSDSs under the rule is to provide detailed information
on each hazardous chemical, including its potential hazardous effects,
its physical and chemical characteristics, and recommendations for
appropriate protective measures. This information should be useful to
you as the employer responsible for designing protective programs, as
well as to the workers. If you are not familiar with material safety
data sheets and with chemical terminology, you may need to learn to use
them yourself. A glossary of MSDS terms may be helpful in this regard.
Generally speaking, most employers using hazardous chemicals will
primarily be concerned with MSDS information regarding hazardous effects
and recommended protective measures. Focus on the sections of the MSDS
that are applicable to your situation.
MSDSs must be readily accessible to employees when they are in their
work areas during their workshifts. This may be accomplished in many
different ways. You must decide what is appropriate for your particular
workplace. Some employers keep the MSDSs in a binder in a central
location (e.g., in the pick-up truck on a construction site). Others,
particularly in workplaces with large numbers of chemicals, computerize
the information and provide access through terminals. As long as
employees can get the information when they need it, any approach may be
used. The employees must have access to the MSDSs themselves--simply
having a system where the information can be read to them over the phone
is only permitted under the mobile worksite provision, paragraph (g)(9)
of this section, when employees must travel between workplaces during
the shift. In this situation, they have access to the MSDSs prior to
leaving the primary worksite, and when they return, so the telephone
system is simply an emergency arrangement.
In order to ensure that you have a current MSDS for each chemical in
the plant as required, and that employee access is provided, the
compliance officers will be looking for the following types of
information in your written program:
1. Designation of person(s) responsible for obtaining and
maintaining the MSDSs;
2. How such sheets are to be maintained in the workplace (e.g., in
notebooks in the work area(s) or in a computer with terminal access),
and how employees can obtain access to them when they are in their work
area during the work shift;
3. Procedures to follow when the MSDS is not received at the time of
the first shipment;
4. For producers, procedures to update the MSDS when new and
significant health information is found; and,
5. Description of alternatives to actual data sheets in the
workplace, if used.
For employers using hazardous chemicals, the most important aspect
of the written program in terms of MSDSs is to ensure that someone is
responsible for obtaining and maintaining the MSDSs for every hazardous
chemical in the workplace. The list of hazardous chemicals required to
be maintained as part of the written program will serve as an inventory.
As new chemicals are purchased, the list should be updated. Many
companies have found it convenient to include on their purchase orders
the name and address of the person designated in their company to
receive MSDSs.
C. Employee Information and Training
Each employee who may be ``exposed'' to hazardous chemicals when
working must be provided information and trained prior to initial
assignment to work with a hazardous chemical, and whenever the hazard
changes. ``Exposure'' or ``exposed'' under the rule means that ``an
employee is subjected to a hazardous chemical in the course of
employment through any route of entry (inhalation, ingestion, skin
contact or absorption, etc.) and includes potential (e.g., accidental or
possible) exposure.'' See paragraph (h) of this section for specific
requirements. Information and training may be done either by individual
chemical, or by categories of hazards (such as flammability or
carcinogenicity). If there are only a few chemicals in the workplace,
then you may want to discuss each one individually. Where there are
large numbers of chemicals, or the chemicals change
[[Page 482]]
frequently, you will probably want to train generally based on the
hazard categories (e.g., flammable liquids, corrosive materials,
carcinogens). Employees will have access to the substance-specific
information on the labels and MSDSs.
Information and training is a critical part of the hazard
communication program. Information regarding hazards and protective
measures are provided to workers through written labels and material
safety data sheets. However, through effective information and training,
workers will learn to read and understand such information, determine
how it can be obtained and used in their own workplaces, and understand
the risks of exposure to the chemicals in their workplaces as well as
the ways to protect themselves. A properly conducted training program
will ensure comprehension and understanding. It is not sufficient to
either just read material to the workers, or simply hand them material
to read. You want to create a climate where workers feel free to ask
questions. This will help you to ensure that the information is
understood. You must always remember that the underlying purpose of the
HCS is to reduce the incidence of chemical source illnesses and
injuries. This will be accomplished by modifying behavior through the
provision of hazard information and information about protective
measures. If your program works, you and your workers will better
understand the chemical hazards within the workplace. The procedures you
establish regarding, for example, purchasing, storage, and handling of
these chemicals will improve, and thereby reduce the risks posed to
employees exposed to the chemical hazards involved. Furthermore, your
workers' comprehension will also be increased, and proper work practices
will be followed in your workplace.
If you are going to do the training yourself, you will have to
understand the material and be prepared to motivate the workers to
learn. This is not always an easy task, but the benefits are worth the
effort. More information regarding appropriate training can be found in
OSHA Publication No. 2254 which contains voluntary training guidelines
prepared by OSHA's Training Institute. A copy of this document is
available from OSHA's Publications Office at (202) 219-4667.
In reviewing your written program with regard to information and
training, the following items need to be considered:
1. Designation of person(s) responsible for conducting training;
2. Format of the program to be used (audiovisuals, classroom
instruction, etc.);
3. Elements of the training program (should be consistent with the
elements in paragraph (h) of this section); and,
4. Procedure to train new employees at the time of their initial
assignment to work with a hazardous chemical, and to train employees
when a new hazard is introduced into the workplace.
The written program should provide enough details about the
employer's plans in this area to assess whether or not a good faith
effort is being made to train employees. OSHA does not expect that every
worker will be able to recite all of the information about each chemical
in the workplace. In general, the most important aspects of training
under the HCS are to ensure that employees are aware that they are
exposed to hazardous chemicals, that they know how to read and use
labels and material safety data sheets, and that, as a consequence of
learning this information, they are following the appropriate protective
measures established by the employer. OSHA compliance officers will be
talking to employees to determine if they have received training, if
they know they are exposed to hazardous chemicals, and if they know
where to obtain substance-specific information on labels and MSDSs.
The rule does not require employers to maintain records of employee
training, but many employers choose to do so. This may help you monitor
your own program to ensure that all employees are appropriately trained.
If you already have a training program, you may simply have to
supplement it with whatever additional information is required under the
HCS. For example, construction employers that are already in compliance
with the construction training standard (29 CFR 1926.21) will have
little extra training to do.
An employer can provide employees information and training through
whatever means are found appropriate and protective. Although there
would always have to be some training on-site (such as informing
employees of the location and availability of the written program and
MSDSs), employee training may be satisfied in part by general training
about the requirements of the HCS and about chemical hazards on the job
which is provided by, for example, trade associations, unions, colleges,
and professional schools. In addition, previous training, education and
experience of a worker may relieve the employer of some of the burdens
of informing and training that worker. Regardless of the method relied
upon, however, the employer is always ultimately responsible for
ensuring that employees are adequately trained. If the compliance
officer finds that the training is deficient, the employer will be cited
for the deficiency regardless of who actually provided the training on
behalf of the employer.
D. Other Requirements
In addition to these specific items, compliance officers will also
be asking the following questions in assessing the adequacy of the
program:
[[Page 483]]
Does a list of the hazardous chemicals exist in each work area or at
a central location?
Are methods the employer will use to inform employees of the hazards
of non-routine tasks outlined?
Are employees informed of the hazards associated with chemicals
contained in unlabeled pipes in their work areas?
On multi-employer worksites, has the employer provided other
employers with information about labeling systems and precautionary
measures where the other employers have employees exposed to the initial
employer's chemicals?
Is the written program made available to employees and their
designated representatives?
If your program adequately addresses the means of communicating
information to employees in your workplace, and provides answers to the
basic questions outlined above, it will be found to be in compliance
with the rule.
5. Checklist for Compliance
The following checklist will help to ensure you are in compliance
with the rule:
Obtained a copy of the rule. --------
Read and understood the requirements. --------
Assigned responsibility for tasks. --------
Prepared an inventory of chemicals. --------
Ensured containers are labeled. --------
Obtained MSDS for each chemical. --------
Prepared written program. --------
Made MSDSs available to workers. --------
Conducted training of workers. --------
Established procedures to maintain current program. --------
Established procedures to evaluate effectiveness. --------
6. Further Assistance
If you have a question regarding compliance with the HCS, you should
contact your local OSHA Area Office for assistance. In addition, each
OSHA Regional Office has a Hazard Communication Coordinator who can
answer your questions. Free consultation services are also available to
assist employers, and information regarding these services can be
obtained through the Area and Regional offices as well.
The telephone number for the OSHA office closest to you should be
listed in your local telephone directory. If you are not able to obtain
this information, you may contact OSHA's Office of Information and
Consumer Affairs at (202) 219-8151 for further assistance in identifying
the appropriate contacts.
[59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17479, Apr. 13, 1994; 59
FR 65948, Dec. 22, 1994; 61 FR 9245, Mar. 7. 1996]