fact or fiction - chisafetyconf.org annual documents 2012/hcs fact...hcs main requirements . 24 ......
TRANSCRIPT
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HCS Compliance
Fact or Fiction
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Glenn Trout President & CEO, MSDSonline
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Review the HCS
HCS fact & fiction
Challenges related to compliance
Persuade you to take steps to ensure your
organization’s compliance
Goals for this Presentation
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HCS What is it?
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An OSHA Regulation
What is HCS?
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A.K.A…
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Hazard Communication
1910.1200
The Reg
HazCom Standard
HazCom
The HazCom Reg
29 CFR 1910.1200
Right-to-Know
RTK
HCS
GHS
HazCom 2012
Right-to-Understand
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Adopted in 1983
Covers 43+ Million Workers
5+ Million American Workplaces
An OSHA Regulation
Over 880,000 Chemicals
What is HCS?
Revised to Align with GHS March 26, 2012
and went into effect May 25, 2012
Globally Harmonized System of Classification
and Labelling of Chemicals
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Revises HCS to Align with GHS Maintain HCS framework
Enhance protection
Based on GHS Rev 3 (2009)
Major Changes Chemical Classification
Safety Data Sheets (SDSs)
Labels
Compliance Enforcement Employee Training by December 1, 2013
Manufacturer SDS/Label Update by June 1, 2015
Distributors may ship old SDS/Labels until December 1, 2015
Full Compliance Expected by June 1, 2016
Transitional Period allows for compliance with old or new HCS/HazCom 2012
HazCom 2012
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Purpose of HCS – HazCom 1994
“…to ensure hazards of all chemicals
produced or imported are evaluated and
details regarding their hazards are
transmitted to employers and employees”
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“… to ensure that the hazards of all
chemicals produced or imported
are classified, and that information
concerning the classified hazards is
transmitted to employers and
employees”
Purpose of HCS – HazCom 2012
“to be consistent with the
provisions of the…GHS,
Revision 3.”
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Carcinogen
Toxic
Highly toxic
Irritant
Corrosive
Sensitizer
Reproductive toxin
Target organ effects Hepatotoxins
Nephrotoxins
Neurotoxins
Agents which damage the
lungs, skin, eye, or mucous
membranes
Agents which act on the blood
or hemato-poietic system
Eye hazards
Cutaneous hazards
Health Hazards – Appendix A
Chemicals Covered – HazCom 1994
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Physical Hazards
Flammable (gases, liquids, solids, aerisols)
Explosive
Combustible Liquid
Oxidizer (liquid, solid, gas)
Pyrophoric (liquid, solid)
Organic peroxide
Compressed gas (or in
contact with water emits
flammable gas)
Unstable (reactive) or water-reactive
Chemicals Covered – HazCom 1994
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UN’s GHS Hazard Classifications
Health & Environmental Acute Toxicity
Aspiration Toxicity
Skin Corrosion/Irritation
Serious Eye Damage/Eye Irritation
Respiratory or Skin Sensitization
Germ Cell Mutagenicity
Carcinogenicity
Reproductive Toxicity
Target Organ Systemic Toxicity – Single and Repeated Dose
Hazardous to the Aquatic Environment/Aquatic Toxicity
Hazardous to the Ozone Layer
Physical
Explosives
Flammable – Gases, Aerosols Liquids, Solids
Oxidizers– liquids, solids, gases
Self-Reactive Substances
Self-Heating Substances
Pyrophoric – liquids, solids
Organic Peroxides
Corrosive to Metals
Gases Under Pressure
Water-Activated Flammable Gases
New with GHS is the concept of severity:
Most of these hazard classes are also subdivided into “hazard
categories” to reflect the degree of severity of the effect
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Hazards come in many
forms, shapes and
sizes…
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Chemical Manufacturers
Evaluate and now also classify hazards of chemicals
Provide labels & SDSs to employers to which they ship
chemicals
Importers & Distributors
Provide labels & SDSs to employers to which they ship
chemicals
Who Has Responsibilities?
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Employers Who “Use” Chemicals
Prepare and implement written program
Maintain written inventory of hazardous chemicals
Ensure that all in-plant containers are properly labeled
Ensure that MSDSs are obtained for all hazardous
chemicals and provide “Right to Know” access
Train employees
Who Has Responsibilities?
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A LOT
OF GREY
AREA
overlapping regulations and Acts
“minute or trace amounts”
“reasonable amount”
“readily-accessible”
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Letters of Interpretation
Mostly Situation-Specific
Questions
Questions around Applicability,
Defining Terms, etc.
Most are Simply Trying to
Ensure they’re Compliant…
Some are Looking for
Technicalities
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The Compass of Common Sense will
Get You through Most Interpretation
Check the OSHA Website
for Letters of Interpretation
Related to Your Question(s)
Largely Dependent on Your
Environment
A Common – Sense Reg
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Written Plan
Labels & Warnings
Training
MSDS Documents
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2
3
4
5
Chemical Inventory
HCS Main Requirements
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Written Plan
1 2 3 4 5
HCS Main Requirements
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Must include all of the following: List of present chemicals (entire workplace/ individual work area)
Identify employee(s) who are responsible for components
of the plan
Explain where written materials are available
Describe how the facility will meet the requirements for:
Labels and other forms of warning (what to look for, etc…)
Material Safety Data Sheets “MSDSs” (how to read them, etc…)
Employee information and training
By June 1, 2016, must be updated to account for HazCom
2012 / GHS changes
Reflective of your workplace and specific
conditions at your facility
#1 Written HCS Program
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Chemical Inventory
2 3 4 5 1
HCS Main Requirements
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Include All Chemicals that are Hazardous and
Have the Potential for Employee Exposure May change with Manufacturer reclassifications required
under HazCom 2012
Consider Chemicals in All Physical Forms Liquids, solids, gases, vapors, dust, etc.
Identify Chemicals in Containers, including
Pipes
Consider Chemicals Generated in
Work Operations Welding fumes, dusts, exhaust fumes, etc.
#2 Chemical Inventory
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Labels & Warnings
2 4 5 1 3
HCS Main Requirements
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Labels on Products Shipped by Manufacturers,
Importers and Distributors (HazCom 2012)
Six standardized elements:
product identifier
supplier information
pictograms
signal words
hazard statement
precautionary information
# 3 Labels & Warnings
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HazCom 2012 – GHS Alignment
Product/Chemical Identifier
Supplier Identifier
Hazard Pictogram(s)*
Signal Word*
Hazard Statement(s)*
Precautionary Information**
* Standardized under GHS
** Standardized under HCS
# 3 Labels & Warnings
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#3 Label Pictograms
Explosives
Self Reactive
Organic Peroxide
Flammable
Self Reactive
Pyrophoric
Self-Heating
Emits Flammable Gas
Organic Peroxides
Oxidizers
Gases Under
Pressure
Acute Toxicity
(Fatal or toxic)
Skin Corrosion
Corrosive to
Metals
Serious Damage
to Eye
Carcinogenicity
Respiratory Sensitizer
Reproductive Toxicity
Target Organ Toxicity
Mutagenicity
Aspiration Toxicity
Skin & Eye Irritant
Dermal Sensitizer
Acute Toxicity (harmful)
Transient Target Organ
Effects
Harmful to Ozone Layer
(Not mandatory)
Environmental
Toxicity
Health Hazard
Gas Cylinder
Exploding Bomb Flame Flame Over Circle
Corrosion
Environment Exclamation Mark
Skull and Crossbones
(Not mandatory)
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#3 Labels and Warnings
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English Required… Other Languages Optional
Labels on Products Shipped by Manufacturers,
Importers and Distributors: Six standardize elements: product identifier, supplier
information, pictograms, signal words, hazard statement,
precautionary information.
Labels on In-Plant/On-Site Containers of
Hazardous Chemicals (Workplace/Secondary Labels):
Replicate shipping label elements, or
Alternate system + additional training = same understanding as
shipping label
Must Be Legible and Prominently Displayed: Labels cannot be removed or defaced
# 3 Labels & Warnings
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Train your employees
1 2 5 4 3
HCS Main Requirements
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Before Assigning Work with Hazardous Chemicals
By Individual Chemicals or Categories of Hazards
Employee Training Must Include: Requirements of HCS
Operations within work areas where hazardous chemicals are present
Location and availability of the written HCS plan, hazardous chemical
inventory and MSDSs
Methods to detect presence or release of hazardous chemicals
Physical and health hazards of chemicals in the work area
Measures to protect themselves from the hazards
Details of employer’s hazard communication program
#4 Employee Training
GHS/HazCom 2012 Training on new Label and
SDS formats by Dec. 1, 2013
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MSDS Documents
1 5 2 3 4
HCS Main Requirements
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Manufacturer, Importer or Distributor Provides with First
Shipment and Anytime the Information Changes
Must Be Readily Accessible to Employees in Their Work
Areas During Their Work Shifts
Electronic management is OSHA compliant as long as you have
adequate back-up
Detailed Information on Each Hazardous Chemical:
Potential hazardous effects
Physical and chemical characteristics
Recommendations for appropriate protective measures
Must Have MSDS Before Chemical is Used
#5 Material Safety Data Sheets
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Redefined as Safety Data
Sheets (SDS)
GHS includes 16-part format
Essentially the ANSI Standard
Several Sections are not Mandatory
Sections 12-15
Ecological information
Disposal considerations
Transport information
Regulatory information
Outside of OSHA’s jurisdiction
New Appendix D
Details what is to be included in each section
#5 Safety Data Sheets
=
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1. Identification
2. Hazard(s) Identification
3. Composition/Ingredient
Information
4. First-Aid Measures
5. Fire-Fighting Measures
6. Accidental Release
Measures
7. Handling and Storage
8. Exposure Control/
Personal Protection
9. Physical & Chemical
Properties
10.Stability & Reactivity
11.Toxicological Information
12.Ecological Information
13.Disposal Considerations
14.Transport Information
15.Regulatory Information
16.Other Information
#5 Safety Data Sheets
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Section 2 – Hazard(s) Identification
GHS Classification
Pictograms
Signal Word
Hazard
Statement
Precautionary
Statement
#5 Safety Data Sheets
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There are other ways to
manage your SDSs…
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MSDSs accessed and managed through an on-demand, online
system
No software to install
Attributes to consider: Large database
Updates
Tools to access, manage & deploy
Reporting
Customer support
Track record of up-time
Internet-Based Fax-Back
SDS Database stored & managed on a local computer or network
Sort, search, print, reports & archive
Typically no SDS libraries, so you do updating yourself
Must install software & keep up with upgrades
Software
SDSs requested from 800# call centers & faxed to customers on-demand
Fax-only systems can be expensive
Not compliant as a “stand-alone” product, doesn’t meet OSHA’s back-up requirements
No transparency… only way to know if you have an SDS is to call
Alternative Approaches
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Electronic solutions help
companies go from here…
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Paper-based systems
46
to here…
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Electronic SDS Management
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Average MSDS Library Contains 2,000+ Documents @ 5-6 Pages/ MSDS
Management is Costly, Tedious & Often Non-Compliant
OSHA Studies Show That Only 70% of a Company’s Hazardous Chemical Inventory has Accurate MSDSs Available
Still Want to Use Paper?
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Time to play
HCS Fact or Fiction
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Q: Managing SDSs electronically is
compliant with the OSHA standard?
Electronic means of
managing and deploying
MSDS documents is
compliant with the OSHA
standard as long as there
are no barriers to
employee access
Fact
Fact or Fiction
51
Ensure an Adequate Back-Up System is in Place
for Rapid Access in the Event of an Emergency
Power outages, equipment failure, online access
delays, etc.
Ensure the Electronic System is Integrated into
the Overall Hazard Communication Program of
the Workplace
Ensure Employees and Emergency-Response
Personnel have Hardcopy-Access to the MSDSs
if Needed or Desired
Additional OSHA Guidelines
52
Q: You must have MSDSs in a paper
format?
“Readily accessible” does
not mean MSDSs have to
be preprinted, however…
You must be able to
provide a hardcopy of an
MSDS upon request
Fiction
Fact or Fiction
53
Q: If you have Spanish-speaking employees,
you must have an MSDS in Spanish?
While it’s always better to have MSDSs and labels
written in a language that your employees can
understand, English is the only required language.
Other languages are optional.
However, you must train your employees in a
language they can comprehend.
Fiction
Fact or Fiction
54
Q: All MSDSs must be produced in a
specific format as prescribed by OSHA?
Under GHS,
manufacturers and
distributors have the
added responsibility
of producing MSDSs
using GHS format
Fact
GHS
Requires 16-Part format
in a specific order
Fact or Fiction
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Q: The United States has adopted the
GHS requirements for labels?
Adopted March 26, 2012.
Effective May 25, 2012.
Fact
Fact or Fiction
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Q: You must keep an MSDS on file for 30
years after the product is no longer in use?
FACTION Fact: If MSDSs are being maintained as a way to
meet the Access to Employee Exposure and Medical
Records Standard (1910.1020), then all (M)SDSs for
chemicals must be retained for at least 30 years
following the discontinuation of their use.
Fiction: If the 1910.1020 Standard is being met by
using its alternative compliance option of recording the
identity of each chemical AND where AND when each
was used, then the MSDSs do not need to be retained.
Fact or Fiction
57
Q: MSDSs must be updated at least
every 3 years by chemical manufacturers?
Fiction In the United States, MSDSs must be updated only if /when:
1. There is a material change made to the chemical
2. There is change in the known hazards related to a chemical
3. There is a significant change made to the emergency or contact information associated with the MSDS
4. The format changes for GHS alignment – Manufacturers have until June 1, 2015.
Fact or Fiction
58
Q: The EPA is responsible for the
HazCom 2012 Reg?
The HazCom 2012
Reg is managed by
OSHA, a division of
the U.S. Department
of Labor
Fiction
Fact or Fiction
59
Q: Pharmaceuticals in pill, tablet or
capsule form do NOT require an MSDS?
However, MSDS is required, if…
“…tablets, capsules or pills
containing hazardous chemical products in solid dosage form must be/are designed to be dissolved or crushed by an
employee prior to administration to the patient”
Fact
Fact or Fiction
60
Q: Consumer products require an MSDS?
However, if duration and
frequency of use
by employees is greater
than the intended standard
consumer use, then an
MSDS and HCS training
must be provided
Fiction
Fact or Fiction
61
Q: OSHA doesn’t really do inspections to
check for compliance with this regulation
From 2009-2011, OSHA cited over 20,000 instances
of HCS violations
HCS ranks #3 among most frequently cited standards
Fiction
Fact or Fiction
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A list / inventory of chemicals used in the workplace
Proper labeling of those chemicals
Written HCS plan
MSDS documents (and a system for accessing, managing and deploying them)
Self inspection checklists available at OSHA.gov
Some of what inspectors or safety officials will be looking for...
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So how do I make
sure I’m compliant?…
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Obtain a copy of the Hazard Communication Standard
Read and understand the requirements (OSHA’s HazCom Web page is helpful)
Prepare a written program
Assign responsibility for tasks
Prepare an inventory of hazardous chemicals
Obtain an M/SDS for each hazardous chemical
Make M/SDSs available to workers
Conduct training for workers
Ensure containers of hazardous chemicals are labeled
Establish procedures to maintain current program and handle GHS transition
Establish procedures to evaluate effectiveness
Simple…Create Checklist
66
Q: EH&S professionals spend as much as 45% of
their time each day completing tedious compliance-reporting and record-management tasks
Our findings indicate that it’s closer to 75%
EH&S professionals can, however, reduce this time greatly by
shifting to systems that help automate and
streamline compliance
Fiction
Fact or Fiction
67
SO WHAT?
Why should I care about the HCS Regulation?
…well
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Penalties for non-compliance are very real
In 2009, 2010 & 2011
combined, OSHA cited
over 20,000 instances of
HCS violations in
workplaces across the
United States
#3 on OSHA's top 10 list of
most frequently violated
compliance standards
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A Bronx metal fabricator faced $115
thousand in fines for new, as well as
uncorrected or inadequately corrected
hazards including: “failure to develop
and implement a hazard communication
program, train employees, label containers or have SDSs”
70
A New York waste and recycling
collection company faced $80
thousand in proposed fines for
violations including no hazard
communication program or training.
71
Q: The HCS Reg only applies to large chemical and manufacturing companies
Even small businesses
need to comply with the
regulation if they’re “using”
hazardous chemicals
Fiction
Fact or Fiction
72
A construction company in Ohio with just 3 employees,
was fined $7,500. Citations included failing to have an
(M)SDS for each hazardous chemical, failing to train
employees to recognize and avoid unsafe conditions and
failing to train workers who used hazardous chemicals.
73
Fines
Potential risk & liability
Downtime & internal disruption
Negative press & impact to corporate image
Lost revenues
Cost of Non-Compliance
74
Q: MSDSonline has a full suite of solutions to help you comply with HCS?
If you’re not already
working with someone
from our company, we’ll
be following up with you
to learn more about
your organization’s
goals for safety and
compliance and how
we can help you meet
those goals.
Fact
Fact or Fiction
