GHS/Hazard Communication In-Depth Training Kit

New changes to the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard are bringing the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), further improving safety and health protections for America's workers. Building on the success of OSHA's current Hazard Communication Standard, the GHS is expected to prevent injuries and illnesses, save lives and improve trade conditions for chemical manufacturers. The Hazard Communication Standard in 1983 gave the workers the 'right to know,' but the new Globally Harmonized System gives workers the 'right to understand.'

The new hazard communication standard still requires chemical manufacturers and importers to evaluate the chemicals they produce or import and provide hazard information to employers and workers by putting labels on containers and preparing safety data sheets. However, the old standard allowed chemical manufacturers and importers to convey hazard information on labels and material safety data sheets in whatever format they chose. The modified standard provides a single set of harmonized criteria for classifying chemicals according to their health and physical hazards and specifies hazard communication elements for labeling and safety data sheets. 


Major changes to the Hazard Communication Standard:

• Hazard classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures.
• Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category.
• Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information.
• Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.

What you need to do:

• Chemical users: Continue to update safety data sheets when new ones become available, provide training on the new label elements and update hazard communication programs if new hazards are identified.
• Chemical Producers: Review hazard information for all chemicals produced or imported, classify chemicals according to the new classification criteria, and update labels and safety data sheets.

To help employers to comply with these new regulations, National Safety Compliance has produced updated products that are designed specifically for this new Hazard Communication Standard. All products are now available to ship. For more information please visit www.ghs-hazard-communication.comhttp://www.ghs-hazard-communication.com

Final Rule Published in the Federal Register

The long awaited major change to the 29 CFR 1910.1200 OSHA Hazard Communication Standard has arrived. It was approved by the OMB and has been put in the Federal Register.

In this final rule, OSHA is modifying its Hazard Communication Standard (HCS) to conform to the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA has determined that the modifications will significantly reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. Consistent with the requirements of Executive Order 13563, which calls for assessment and, where appropriate, modification and improvement of existing rules, the Agency has concluded this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.

The modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA is also modifying provisions of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements. The consequences of these modifications will be to improve safety, to facilitate global harmonization of standards, and to produce hundreds of millions of dollars in annual savings.

In an attempt to help employers comply with this newly revised Hazard Communication Standard, NSC has produced 3 new DVD Training Programs: Hazard Communication Safety, GHS-Safety Data Sheets Training, & GHS-Chemical Labels Training. These have been packaged together for significant savings.

OMB Review of the Hazard Communication Standard alignment with GHS Complete

As mentioned previously, the Office of Management and Budget (OMB) placed the Hazard Communication Standard (HCS) in extended review on January 24, 2012. As of February 21, 2012 the OMB has completed its review of the proposed Final Rule to align the HCS with the GHS. This proposed change will affect over 40 million workers in the U.S. who are exposed to hazardous chemicals.

The main areas that these changes focus are the following:

• Employee training
• Safety Data Sheets (SDS)
• Chemical labeling

National Safety Compliance will be releasing a training package specifically to assist employers in complying with the revised hazard communication standard in aligning with GHS. The training package will consist of 3 newly produced complete training kits with DVD and additional printable material to ensure you can train all your affected employees.

2013 Department of Labor Budget Q & A February 13, 2012

On February 13th several leaders of the Department of Labor held a Questions & Answers session regarding the 2013 Budget. The following are a few highlights specific to OSHA and safety in the workplace.

When is the final rule regarding GHS in the US expected to be adopted?

David Michaels, Assistant Secretary of OSHA responds:
Thank you for your interest in OSHA’s Hazard Communication Standard (HCS). We expect this rule to be published soon. This is a very important rule, which OSHA looks forward to publishing shortly. This rulemaking will align OSHA’s HCS with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), which was developed by the United Nations. As discussed in the proposal, this rule will establish a uniform system of labeling and layout for safety data sheets. The training required in the current HCS will be retained.

While the DOL's Budget brief pints out a drive to boost small businesses, will OSHA change its attitude from "gotcha" to perhaps take a softer approach, such as giving companies a grace period, or levying fines based on employee count as opposed to fixed numbers--so as not to close down small businesses?

David Michaels responds:
We always try to work with small businesses to protect employees and our enforcement policies include a reduction of fines, and OSHA also offers free on-site consultation specifically targeted to small businesses.

The budget says combustible dust and beryllium NPRMs will come out in FY 2013. If that's the plan, why were those items placed on long-term actions in the most recent Regulatory Agenda?

David Michaels responds:
For combustible dust and beryllium the next major action planned will occur after the period covered by the current regulatory agenda.

The budget request calls for a $4.9 million increase for OSHA's whistleblower program, and a $3.2 million decrease for its federal compliance assistance program. Can you comment on these proposals?

David Michaels responds:
Although our compliance assistance activities are divided into three budget categories, we view it as a whole, and overall, FY 2013 compliance assistance is 2% above FY 2011. Because of the severe budget constraints we’re facing throughout the federal government, we are tightening our belts in a number of areas and we had to choose among many priorities. In this case, our priority is maintaining the 2012 increases for small business assistance through our state consultation program.

Could you elaborate on this line in OSHA's budget? "savings of $2,482,000 and 33 FTE due to reduced federal compliance assistance activity from the consolidation of personnel in geographically dense regions."

David Michaels responds:
OSHA has a compliance assistance specialist in every one of its more than 70 area offices. Many of these are situated very close to each other. In order to save money and streamline resources we will be asking some compliance assistance staff to cover a slightly larger area.

How can around 1,000 OSHA complianceofficers effectively inspect and regulate over 7,000,000 workplaces (conservative estimate)? What is the long term plan to level the playing field, the math just does not compute?

David Michaels responds:
First of all 27 state plans have an additional 1,000 inspectors to cover about half the states. OSHA uses an inspection targeting formula, national and local emphasis programs, partnerships and cooperative programs like VPP to focus attention to where the highest hazards exist.

How does this budget effect OSHA? Will you be hiring more Compliance Officers?

David Michaels responds:
Under this budget, OSHA will not be hiring more compliance officers however the budget requests funding to hire 37 new whistleblower investigators.

How will the 2013 Budget Proposal effect the State Plan States?

David Michaels responds:
The FY 2013 budget request for State Plan States maintains the level of funding provided in FY 2012.

I would like to work for OSHA as an Inspector. What are the requirements needed for training?

David Michaels responds:
There are different requirements for industrial hygiene or safety specialist. You can go to http://www.dol.gov/dol/jobs.htm to see the job postings. Good luck!

With the reduction of 33 OSHA Compliance Assistant how will OSHA service our vulnerable workforce?

David Michaels responds:
Good question. OSHA is maintaining its emphasis on reaching out to vulnerable and hard to reach workers in high risk jobs, as well as small businesses. OSHA will continue its award-winning outreach efforts around such hazards as heat exposure, hearing protection and fall prevention. The cuts outlined in our FY 2013 budget request focus primarily on employer compliance assistance.

At 2:50 David Michaels indicated that OSHA would continue work on, among other things, injury and illness prevention plans. Does the 2013 Budget contain specific funding for I2P2 or is this referenced work to be done without specific funding?

David Michaels responds:
No, there is no standard-specific funding in the FY 2013 budget. OSHA's standards budget request contained $1 million increase for overall standards work.

Do we know which OSHA regional offices will be eliminated (e.g., will it be Boston or New York)? Also, will OSHA institute sub-regional offices to serve the areas where the offices are being consolidated?

David Michaels responds:
No, there are no specific plans on how the regional consolidations will be implemented. OSHA will maintain offices as needed to ensure that safety and health coverage is maintained.

HCS Update to align with GHS

The Office of Management and Budget (OMB) has Extended Review of the Final Rule regarding the major revision of the Hazard Communication Standard (HCS) to align with the Globally Harmonized System. This Final Rule was received on October 25, 2011 for the 90-Review by the OMB. As of January 24, 2012 (the 90-day deadline), the OMB has extended the review until further notice.

You may visit us online to place a preorder for any 2012 HCS OSHA compliance products.

DOL/OSHA

RIN: 1218-AC20

Publication ID: Spring 2011

Title: Hazard Communication
Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g., specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in different nations. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems. OSHA published the NPRM on September 30, 2009 and held public hearings in Washington, DC and Pittsburgh, PA in March 2010. The record closed on June 1, 2010. OSHA is scheduled to publish the final rule in August 2011.
Agency: Department of Labor(DOL)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21
Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None
Anticipated Costs and Benefits: The estimates of the costs and benefits are still under development.
Risks: OSHA's risk analysis is under development.

Hazcom Standard Clarification

(1) Can chemical manufacturers who sell their products, in part, through company-owned and operated retail and wholesale outlets avail themselves of the provisions in the Hazard Communication Standard (HCS) permitting the distribution of Material Safety Data Sheets (MSDS) on request to walk-up retail customers?

(2) Can chemical manufacturers who operate as wholesale distributors serving industrial and construction trades people, as described in subparagraphs (v) and (vi), and who also own and operate "commercial" stores, take the same position (i.e., distribute MSDS directly upon request)? Commercial stores may serve walk-up trade; consumers as well as businesses may purchase products at such outlets.

Standard Interpretation

For hazard communication purposes, the standard allows a business entity functioning as the chemical manufacturer to meet the standard's requirements as the chemical manufacturer, and also when distributing the product in a retail store, as the retail distributor, meet the standard's requirements for retail distributors. A retail distributor is one that primarily sells to the general public for personal or household use. The intent of the provision, (g)(7)(iii), was to reduce the burden on retail distributors because they typically do not sell to commercial customers.

We must disagree with your statement "...it is also acceptable, with respect to products manufactured by another manufacturer, for these retail distributors to refer persons requesting an MSDS to the other manufacturer." When an employer with a commercial account at a retail distributor requests an MSDS, the MSDS must be provided with the purchase by the retail distributor. In this case, the retail distributor cannot refer the customer to the chemical manufacturer for the MSDS. The HCS (1910.1200(g)(7)(v)) does allow a retail distributor, who does not have commercial accounts, to refer the employer to the chemical manufacturer, importer, or distributor for the sheet.

OSHA also allows wholesale distributors to provide an MSDS on request in over-the-counter sales operations as described under paragraph (g)(7)(iv) of the standard. This provision is for over-the-counter type operations only. As stated in the preamble to the final rule (59 FR 6162), "wholesale distributors that have over-the-counter sales should be permitted to provide MSDSs on request as their operations are similar to those of concern in retail establishments." Consequently, the commercial stores (wholesale distributors) mentioned in your letter could choose the alternative compliance strategy in 1910.1200(g)(7)(iv).

Do you know what is in your chemicals

You must know what is in your chemicals to be sure you’re taking the necessary steps to keep your employees safe.

You must be sure you are compliant with all of the local, state, federal and international regulations with jurisdiction over your facility?

And when you think of the word ‘chemical’, are you only thinking about pure chemical substances such as mercury and salt? You must also include all of your products and blends that are comprised of chemicals. For example, paint is notorious for having blends of dozens of chemicals.

Hazard communication has never been more important to the health of your employees or your company. Today that means understanding the toxic nature of your chemical and product inventory at the ingredient level. If not properly understood, every chemical or chemical blend in your inventory has the potential to create safety and compliance issues. With the new Globally Harmonized System of Classification final rule just around the corner, employers must ensure proper training of employees is in place.

National Safety Compliance has several items to assist companies in complying with OSHA Regulations 29 CFR 1910.1200 Hazard Communication Standard. NSC has also provided a web site where you can preorder various compliance items to make sure you are in alignment with the new GHS.