hazard communication standard (hcs) compliance directive cpl 2-2.38d

HAZARD COMMUNICATION STANDARD (HCS)

COMPLIANCE DIRECTIVE

CPL 2-2.38D

Brief History of HCS

Nov. 25, '83 First publication of HCSCovered manufacturing sectorSIC 20 - 39

US Court of Appeals ordered expansion with out further rulemaking

Aug. 24, '87 Final Rule covering all employers published in Federal Register, but..

History CPL, con't.

* Rule in Construction

* Three requirements in all industries:

- Requirement to provide &maintain Material Safety Data Sheets on Multi-employer Worksite

- Coverage of consumer products

- Coverage of drugs in non- manufacturing sector

OSHA Temporarily Prohibited from Enforcing:

History CPL, con't.

Feb. 21, '90 Supreme Court decision toenforce all provisions in allindustrial segments

Feb. 09, '94 Publication of final rule forHCS (59 FR 6126). Includedtechnical amendments andminor changes.

History CPL

CPL 2-2.38C Last Revised Oct. 22, '90

CPL 2-2.38D Signed Feb. 09, '98

Became Effective Mar. 20, ‘98 *** ***

Updated directive: - Provides guidance for changes to Std.- Incorporates interpretations since 1990- Includes NACOSH recommendations

Organization of Directive

Compliance Guidelines...Conduct Inspections/Issue Citations

Appendix A....................Clarifications/Interpretations

Appendix B....................Sample Letter for CSHO Use

Appendix C....................Hazard Evaluation Procedures

Appendix D....................Guide for MSDS Adequacy

Appendix E....................Sample HazCom Programs

New Look!!!

• Abstract Page

• Table of Contents

• Index

• Text formatted for Internet

• Text hyperlinked with Table of Contents and Index

Really New and Cool!

Scope and Application (b)

(b)(3)(iii) - Revised to clarify intent of standard.

Employers required to provide employees with information andtraining as in (h).

Excludes written program.

Merely providing MSDSs not considered training.

Laboratories (b)(3)

Scope and Application

Laboratories

(b)(3)(iv) Added as new subsection

Covers lab employers who ship Hazardous Chemicals

Requires hazard evaluation of (d), labeling (f)(1), and MSDS (g)(6) & (7)

For newly developed chemicals,testing is not required

Consumer Products (CPs)

(b)(6)(ix) - Directive provides citation guidelines, further instruction to field

Agency policy not to issue citations forCPs unless:

* Product usage inconsistent with manufacturer's intentions

* Frequency & duration greatly exceeds that expected by normal consumer

Consumer Products, con't.

Guidance for documenting case file:

** What info established the chemical as a CP?

** What is the hazardous chemical?

** Does duration of product use exceed CP usage?

** Does frequency of use exceed CP usage?

** Consistent w/manufacturer's intended use?

Cancellation

Memorandum (Compliance Instruction)

TO: Regional Administrators

DATE: March 21, 1995

ENTITLED: HCS: Documentation of Citations Related to the Exposure to Hazardous Substances and

Consumer Products

Articles (b)(6)(v)

Guidance for documenting case file

** What is the hazardous chemical?

** What activities resulted in exposure?

** Include copy of MSDS, if available.

CPs/Articles

Specific hazardous chemical must be described.

In mixtures, include concentration of chemical.

No citations shall list, for instance, "glue" or "brick"

Must state hazardous chemical, e.g., “toluene" or “silica"

Labeling

ANSI Standard Z129.1-1994

** Provides useful information

** Generally helpful in complying with HCS

** States labeling is not only based on inherent properties / Customary and reasonably foreseeable use.

Labeling

Employer must ensure in-plant containers labeledw/appropriate hazard warning (f)(5)(ii)

OR

Provide general information via symbols, pictures,etc., as long as other info required by HCS isimmediately available

Alternative Labeling

** Permitted when employer's overall program proven effective

** Must ensure employees fully aware of hazards/ use and understanding of labeling system

** Employer bears burden of establishing that employee awareness equals or exceeds conventional labeling system

Labeling

Stay of Enforcement -- Paragraph (f)(11)

Requiring

Manufacturers to update labels within 90 days

OSHA will alert regulated community when lifted

MSDSs

NACOSH Recommendations

Concerns regarding proliferation of MSDSs

OSHA endorse statement indicating whether MSDS required by HCS

MSDSs

Directive already contained such a statement

"This product is not considered to be or to contain hazardous chemicals based on evaluations made by our company under the OSHA Hazard Communication Standard, 29 CFR 1910.1200."

MSDSs

NACOSH recommended OSHA endorse ANSI Z400.1-1993

Have included language endorsing order of presentation.

Stated Z400 is becoming internationally accepted,provides guidance on section design, is a valuabletool, provides uniform approach, meets diverseneeds, and is recommended by OSHA.

Electronic Access

Extensive guidance under paragraph (g)(8)

** Devices must be readily accessible in workplace

** Workers must be trained in their use

** Must be back-up system to address emergencies

Electronic Access, con't.

** Workers must be able to obtain hard copies

** Hard copies must be available for emergency personnel

** Oral transmission over phone not adequate

Electronic Access, con't.

Additional Citation Guidelines Include:

"If an employer possesses an MSDS but it is not readily accessible to employees while in their work area, then a violation of (g)(8) shall be cited."

Electronic Access, con't.

"Violations of (g)(8) shall be cited when an employer using electronic access as an integralpart of the hazcom program does not have anadequate back-up system to address emergency situations."

Citation Guidance:

Electronic Access

NOT REQUIRING COMPANIES TO HAVE

HARD COPIES (PAPER) AS BACK-UP

FOR ELECTRONIC SYSTEMS

Employee Training & Info

Clarified to include hazard categories

Does not supercede intent of training

Hazard categories must be linked with chemicals

Training inadequate otherwise

Employee Training & Information,

con’t.

So…

Language is included to emphasize that

the intent of the standard is to make

employees specifically aware of the

hazard categories a product falls within.

Training

Not necessary to retrain each new hire if employee has already received HCS training

Rudiments of standard could be expected to remain with employee from one job to another

HOWEVER...Current employer held responsible to ensure adequate training

Appendix E

(Last, but not least...)

Included two sample HazCom

Programs to assist employers with written

portion of HCS compliance