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August Issue No. 1 – New OSHA Directive
OSHA published their long-awaited compliance directive “Inspection Procedures for the Hazard Communication Standard (HCS 2012)” last week. The goal of the instruction is to establish policies and procedures which ensure uniform enforcement of HCS 2012. It applies OSHA-wide, and is effective beginning July 9, 2015.
So, what does this mean? Since the Hazard Communication Standard has been revised to align with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), revised instruction is needed for compliance safety and health officers on how to enforce it. This directive sets guidelines for both the transition period and when fully implemented.
Although the directive was published to provide standardized enforcement guidelines for Certified Safety and Health Officials (CSHO), understanding the changes is critical to avoid costly fines from regulatory citations.
The directive can be broken down into six main points. The six points are listed below with descriptions following:
- SDS
- Labels
- Training
- Showing Good Faith
- List of On-Site Chemical Inventory
- Documented Hazard Communication Plan
SDS
June 1st marked the deadline for all MSDSs to be converted into GHS compliant SDSs. The new SDS has 16 sections consistent across all countries that adopted the GHS standard developed by the United Nations. Having easily accessible SDSs is required, so implementing an efficient SDS management plan is recommended. Electronic management is allowed, however, the directive prohibits the use of Internet search engines to view/obtain SDS. According to the directive, “The employer must not require employees to perform an Internet search (e.g. Google, Yahoo) to view /obtain the SDS. The employer may make the SDS available to employees on a company website or contract with an off-site/web-based SDS service provider.”
Labels
Although GHS was developed by the United Nations to create a multinational standard, updates and revisions have been made since the conception. HazCom 2012 is aligned with Revision 3, so CSHO will be basing their inspections off of Revision 3. Follow GHS Revision 3, with the OSHA Additions from HazCom 2012 Appendix A, to make sure you are in compliance with HazCom 2012. All labels must include product identifiers, signal words, hazard statements, precautionary statements, and pictograms. These labels must be able to be clearly read without aid.
Training
Employers were required to provide comprehensive training of GHS standards to employees by December 1 2013. CSHOs will evaluate training procedures by conducting employee interviews to gauge understanding.
Showing Good Faith
In cases where upstream suppliers are not able to provide their SDSs, downstream manufactures must show documented attempts for gathering updated SDS information from upstream suppliers or alternate sources. It is up to each individual CSHO on the effort made to show “good faith”, so it is best to document in detail the efforts made to show “good faith”.
Documented Hazard Communication Plan
A written communication plan that describes the specifics of hazardous chemicals in the workplace including safety data sheets (SDS), labels, and training are required. The plan must address points such as:
- How employees access SDS
- Description of labeling approach
- Description of employee training on Hazard Communication
List of On-Site Chemical Inventory
Every hazardous chemical present in a workplace must be documented on an inventory list. CSHOs will verify whether hazardous chemicals can be cross-referenced from the product identifier to the chemical inventory list. GHS has new standards for chemical classifications so employers must make sure they keep their chemicals updated to GHS regulations.
The Instruction also includes a glossary of terms, and specific details are found in the appendices. Here are some of note:
- Appendix A – Health hazard criteria
- Appendix B – Physical hazard criteria
- Appendix C – Carcinogenicity evaluation
- Appendix E – HCS effective dates
- Appendix F – Pictograms and hazards
- Appendix H – SDS compliance
- Appendix I – OSHA standards affected by HSC 2012
- Appendix K – OSHA directives changed by HCS 2012
It is important to note that this Instruction affects state health and safety organizations. States may develop their own policies and procedures, but they must be equal to or more effective than those set out by OSHA.
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OSHA’s Hazard Communications Standard (HCS) lays out guidelines for proper safety compliance practices. This past week, the organization released an updated guide on their inspection procedures, detailing the ways in which inspections will be carried out and the regulatory changes that must be met in order to pass these inspections without any serious citations.
Citations can carry a serious penalty, and so business owners must be aware of the changes to citation guidelines that OSHA has provided. However, before you can understand the changes to citation rules under the new HCS, you must first know the general inspection practices. Being aware of the overall structure of OSHA regulatory inspections will give you an idea of what you should be doing to meet full compliance, whereas focusing only on the citation guidelines will tell you specific incidences to avoid rather than looking to the process in a more holistic way.
First of all, every measure of compliance must be accurate as per the GHS revision 3, as released in 2009. More recent versions have been released, but OSHA standards must be met before UN GHS ones and so it is best to double-check against the US’s hazard communication standards if you are interested in reporting your chemicals as per GHS revision 4 or later. There are a few major differences between versions 3 and 4; minor differences occur as well but do not warrant any citations. Official versions of the different GHS revisions can be found online at http://www.unece.org/trans/danger/danger.html and can be compared to official HCS regulations as found on OSHA’s website. You’ll need to pay close attention to the differences – some small changes in wording (“should” vs. “shall,” etc.) can be cause for citation.
A Certified Safety & Health Official (CSHO) will conduct your inspection, following many specific guidelines as per inspection procedures as of July 9th, 2015. During the transition period between HCS 1994 and HCS 2012, any violations under either or both will be written up during inspection. The citation process for incorrect or missing labels is similar under both HCSs 1994 and 2012, but the official language varies slightly.
The CSHO may also issue a FTA (Failure to Abate) citation if your company had previously received a citation for a specific issue under HCS 1994 and not sufficiently addressed that problem. However, if the guidelines have shifted under HCS 2012, the language of that FTA may have to change slightly in nature and so your company will need to make changes accordingly.
Overall, the best way to avoid any confusion during a transition period like this is to assure that your company’s practices are compliant with both the HCS 1994 and the HCS 2012. Though you may be able to make a case for yourself if your practices match up with one but not the other, it is more likely that you will find yourself facing a citation and have to face repercussions. Familiarizing yourself with the new Hazard Communication Standard and refreshing your mind on the guidelines of the 1994 version are therefore both essential to maintaining good business practices, both for the safety of your workers and the regulatory status of your company.
