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pdfResponses to Mr. Halprin’s comments on the Extension of the ICR for OSHA’s Hazard Communication Standard (HCS).
No.
(Ref.
only)
Comment
Collection of
Information
Yes/No
Response to comment/
Rationale for not being a collection of Information
INTERPRETATION OF HCS 2012
1.
1. Interpretation and Clarification of HCS
2012 Labeling Deadlines
2.
Mr. Halprin requests OSHA to take a “released
for shipment” approach with respect to labeling
containers of hazardous chemicals with HCS
2012-complianct labels.
Yes
Mr. Halprin’s letter to OMB quoted several previous correspondences with OSHA requesting various
interpretations of the HCS 2012 standard that cumulated in a March 25th letter to Dr. Michaels, Assistant
Secretary of the Occupational Safety and Health Administration. On September 1, 2015 OSHA
responded to Mr. Halprin’s (Attachment A –Response to Mr. Halprin’s Request for Interpretation of HCS
on behalf of a large manufacturer). A summary of his comments and the Agency’s responses follow.
Manufacturers and Importers of Hazardous Chemicals. The HCS 2012 gave manufacturers and
importers of hazardous chemicals (including businesses that repackage) until June 1, 2015 to label
shipped containers with HCS 2012-compliant labels. See 29 CFR § 1910.1200(j)(2). OSHA used its
enforcement discretion to allow manufacturers or importers with existing stock packaged (e.g., boxed,
palletized, shrink-wrapped, etc.) for shipment prior to June 1, 2015, to continue to ship those containers
downstream provided that the containers are HCS 1994-compliant labeled. In these limited instances,
there is no requirement to re-label containers that have already been packaged for shipment with HCS
1994-compliant labels. However, the manufacturer or importer must provide HCS 2012-compliant labels
for each and every individual container and the appropriate HCS 2012-compliant SDS(s) with the initial
shipment. Any hazardous chemical container that is packaged for shipment after June 1, 2015 must have
an HCS 2012-compliant label on it prior to shipping except as discussed below.
If after June 1, 2015, the manufacturer or importer can demonstrate that it exercised reasonable diligence
and good faith efforts to obtain hazard classification information from upstream suppliers but for
circumstances beyond their control they received the necessary information to develop HCS 2012compliant SDSs and labels later than June 1, 2015, they may continue to ship containers downstream
provided the containers are HCS 1994-compliant labeled. The standard requires an HCS 1994-compliant
MSDS or HCS 2012-compliant SDS be provided, as appropriate, to downstream users.
All containers of hazardous chemicals shipped by a manufacturer or importer must have been made HCS2012 compliant labeled by June 1, 2017.
Distributors. The HCS 2012 allowed distributors to ship chemicals with HCS 1994 labels until December
1, 2015. See 29 C.F.R. § 1910.1200(j)(2)(i). Again, using OSHA’s enforcement discretion, after
December 1, 2015, distributors may ship existing stock packaged for shipment if the immediate container
label is HCS 1994-compliant. As described in the case with manufacturers and importers, in these limited
instances, there is no requirement to re-label containers that have already been packaged for shipment
with HCS 1994-compliant labels. Distributors must, however, provide a HCS 2012-compliant label for
3.
Mr. Halprin asked if OSHA will allow containers
packaged for shipment prior to June 1, 2015 and
HCS 1994 labeled to be deemed compliant for the
life of the product in the container?
Yes
4.
Mr. Halprin asked if the manufacturer or
importer that is shipping existing stock packaged
(e.g., boxed, palletized, shrink-wrapped, etc.)
prior to June 1, 2015 with HCS 1994-compliant
labels and MSDSs must provide HCS 2012compliant labels and SDSs for each individual
container of hazardous chemicals shipped
downstream?
Mr. Halprin asked if after December 1, 2017, can
distributors continue to ship existing stock
packaged (e.g., boxed, palletized, shrink-wrapped,
etc.) prior to June 1, 2015 that is HCS 1994compliant labeled?
Mr. Halprin expressed concern regarding relabeling existing stock with HCS 2012-compliant
labels where feasible, of potential occupational
hazards (e.g., hand injury to workers from
removing labels and relabeling).
Yes
5.
6.
7.
2. Reliance on Chemical Hazard Information
Developed by an Upstream Manufacturers
Yes
Questionable.
Speaks to the
safety of a
worker not the
practical utility
or costs of the
information
collection
requirement
each and every individual container shipped and the appropriate HCS 2012-compliant SDS(s) after
December 1, 2015 or upon request unless they can demonstrate reasonable diligence and good faith
efforts that they have not received HCS 2012-compliant labels and SDSs from the manufacturer or
importer. OSHA allows an additional two-year period, i.e., until December 1, 2017, for distributors to
ship products with HCS 1994 labels. Distributors must provide HCS 2012-compliant SDSs to
downstream users with the first shipment after a new or revised SDS is provided by the manufacturer or
importer.
OSHA believes above timeframe, see Item 1, is a reasonable accommodation to the requirements in
paragraphs (j)(2) and (j)(2)(i) to comply by June 1, 2017 and December 1, 2017, respectively. OSHA
believes that most manufacturers, importers, and distributors will be able to avoid relabeling chemicals
that were packaged for shipment before June 1, 2017.
(https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf) page 42
The manufacturer or importer must provide a label for each and every individual container, but only one
HCS 2012-compliant SDS per hazardous chemical per employer.
Limited. The Agency has offered relief by exercising enforcement discretion that permits distributers to
continue shipping existing stock until December 1, 2017; however, the Agency will provide relieve on a
case by case basis. In order to fulfill the purpose of HCS 2012 to provide adequate and consistent
information to employers and employees who use hazardous chemicals, manufacturers, importers, and
distributors must fully comply with the new labeling and SDS requirements.
Injuries would be mitigated by conducting a thorough hazard assessment, as required by 29 CFR
1910.132(d), and then providing the type(s) of personal protective equipment that will protect workers
from the hazards identified (e.g., hand protection). The hazards, as described by Mr. Halprin that are
associated with manual lifting can be lessened by developing and instituting an ergonomic lifting
program. The National Institute for Occupational Safety and Health (NIOSH) published a document
titled Ergonomic Solutions for Retailers.
OSHA plans to discuss this issue in the next HCS rulemaking.
8.
Mr Halprin commented that OSHA has arbitrarily
and unreasonably limited the ability of a party in
the chain of distribution to rely on the chemical
hazard information developed by an upstream
manufacturer.
Yes
In Mr. Halprin’s submission he provided several
detailed scenarios between company A, which
produces a product x and company B, which then
resells the product either under company A’s or
company B’s name, depending on the scenario.
In essence, he argues that in each case company A
retains responsibility for the hazard classification,
SDS and label.
If the distributor maintains the original manufacturers name on the label and SDS, the original
manufacturer is the “responsible party.” However, if the distributor removes the name of the original
manufacturer and substitutes their own names they become the “responsible party.” The use of this term
predates HCS 2012 and OSHA has not changed its position. Additionally, OSHA has not altered the
definition of manufacturer in the directive to mean “ an employer that manufactures, processes,
formulates, or repackages a hazardous chemical. The first employer meeting the definition of a
manufacturer will be responsible for performing the hazard classification, developing or obtaining the
SDSs, and labeling containers of the hazardous chemicals.” While it does not require the downstream
manufacturer to do a complete classification of their product it does require that they ensure that they are
providing accurate information. From compliance perspective, if a downstream manufacturer repackages
or relabels a hazardous chemical and removes the original manufacturer from the container, OSHA
compliance inspectors only have the downstream manufacturer’s information to ensure compliance and
do not have knowledge of the original source. Therefore, OSHA does not agree with Mr. Halprin’s
interpretation.
9.
3. Classification Criteria for Flammable
Aerosols
10.
Mr. Halprin argues that contrary to OSHA’s
stated intent, the criteria for classification of
flammable aerosols in Table B. 3.1 was
inconsistent with the GHS and DOT regulations,
and suggested that rulemaking would be needed
to correct this problem and suggested means for
OSHA to amend the table.
Proposed Amendment #1: Insert a parenthetical
statement under Table B.3.A that reads “(only
applicable if aerosol contains a component
classifieds as flammable)”
Yes
Yes
OSHA does not view this insertion as appropriate because OSHA considers any aerosol that contains
more than 1 percent flammable component to be potentially flammable.
Proposed Amendment #2: Capitalize the “or”
phrases under Category 1 and Category 2 spray
aerosols.
No
OSHA does not view that this proposed editorial amendment provides any clarity to the flammable
aerosol criteria.
11.
12.
In his comments on the ICR extension, Mr. Halprin included comments he previously submitted to the
Agency requesting for clarification on classification of flammable aerosols (proposed amendments).
These comments were previously addressed in a letter to Mr. Halprin. (See Attachment B – Response to
Mr. Halprin’s request for clarification of flammable aerosols). Summary of our response follows.
OSHA does not believe that a technical amendment is warranted, but plans to update the criteria for
flammable aerosols in the next HCS rulemaking.
13.
Proposed Amendment #3: For Category 2, the
suggestion is to remove the phrase “Contains
>1% flammable components, or the heat of
combustion is ≥ 1% flammable components, or
the heat of combustion is≥ 20 kJ/g; and …”
Yes
This phrase clarifies the classification of a chemical as flammable. Should the phrase be removed, the
chemical would not necessarily be flammable, and therefore not a flammable aerosol.
This is consistent with Revision 3 of the GHS on which HCS 2012 is based. The decision logic for
flammable aerosols examines whether the substance contains less than or equal to 1% flammable
components, and the heat of combustion is less than 20 kJ./g. If the answer is “yes”, then the substance is
not classified. Therefore, to be classified as a flammable aerosol, a substance must have more than 1 %
flammable components or a heat of combustion ≥ 20 kJ/g. Therefore the text in Table B.3.1 of the HCS
provides that the chemical is considered flammable if it contains greater than 1% flammable components,
or the heat of combustion is ≥ to 20 kJ/g. This is also consistent with GHS Rev. 6.2.3.21., Manual of
Tests and Criteria (MTC) 31.3, and applicable DOT regulations at 49 CFR § 173.115(l)(1)-(3).
To clarify, the last statement in the table [“and it does not meet the criteria for Category 1”] applies to
both spray and foam aerosols. However, OSHA will consider moving this phrase to the beginning of the
Category 2 criteria in the table in the upcoming rulemaking to minimize any potential confusion.
14.
15.
Proposed Amendment #4: For category 2, insert
“the heat of combustion is≥ 20kJ/g or” under
spray aerosols.
4. Section 1910.1200(g)(2) and Section
1910.1200(g)(10)
Yes
OSHA plans to evaluate the flammable aerosols hazard class in the upcoming rulemaking since the
chapter has been expanded to include on-flammable aerosols.
Yes
29 CFR 1910.1200(g)(2) discusses the safety data sheet (SDS) format, that is, the order of presentation of
the information required on the SDS.
Mr. Halprin argued that there is a conflict
between 29 CFR 1910.1200(g)(2) and 29 CFR
1910.1200(g)(10).
29 CFR 1910.1200(g)(10) discusses the alternative mechanisms by which the information of the SDS
may be readily accessible to the employees in the work area. This paragraph is provided so that an
employer may choose an alternative approach to warn employees of the hazards of a process rather than
the hazards of a specific chemical (emphasis added). However, the standard requires that the SDS must
still be available to employees for each hazardous chemical involved in the process.
As explained in the Hazard Communication Standard 1983 preamble, the purpose of the section (g)(10) is
to provide the employer with an alternative means of informing the employee of the hazards to which they
may be exposed, similar to that of workplace labeling, found in 29 CFR 1910.1200(f)(6)-(7).
29 CFR 1910.1200(g)(10) explains that alternatives to SDSs are permitted as long as they provide the
appropriate information and are readily accessible to the employees during each work shift. The 1983
preamble also provides examples when the alternative may be provided in notebooks containing operating
procedures. There were no changes to paragraph (g)(10) in the HCS 2012.
16.
17.
II. BURDEN HOUR ESTIMATES
Mr. Halprin questioned OSHA’s assertion that
60% of employers were already in compliance
with HCS 2012 at the time it was adopted is
clearly erroneous.
Yes
OSHA continued to use the 60 percent factor in 1994 because it was based on existing compliance under
existing state laws, and that it did not make the distinction OSHA had made between manufacturing and
non-manufacturing sectors. However, the 60 percent compliance factor is virtually unused in the newer
analysis being used to calculate compliance with the general requirement for a written hazard
18.
19.
20.
21.
communication program. The 2012 ICR for the Final rule
(https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201203-1218-001) used 1 percent, 5
percent, 25 percent, and 75 percent compliance rates for producers or importers of chemical products
(based on the size of the firm): 75 percent for firms with over 500 employees; 25 percent for firms with
100 to 500 employees; 5 percent for firms with 20 to 99 employees; and 1 percent for firms with fewer
than 20 employees.
Mr. Halprin overestimates the impact of the 1994 rule in expanding the number of chemicals covered by
HCS. The 1994 final rule included a number of minor changes and technical amendments to further
clarify the requirements. The number of chemicals covered was not significantly expanded in this
rulemaking. Chemical wastes not covered by EPA could, and still can, use the MSDS (SDS) for the
product that the wastes were generated from. Also, similar mixtures may be covered by a single SDS in
many cases so the suggestion that every shade of paint requires an unique SDS is incorrect. More
generally, for HCS 2012, OSHA developed a new estimate of the total number of SDSs based on data
submitted to the ANPRM docket and interviews with over fifty chemical producing firms. This approach
would thus assure that the estimate would reflect SDS actually developed as a result of both the 1987 and
1994 rulemakings.
Mr. Halprin also commented that that number of
chemicals should have been greatly expanded to
address expansions in scope of chemicals covered
in 1994 (addition of intermediates and wastes)
and that coverage of “a potentially infinite
number of chemical mixtures” would result in far
greater number of chemicals than OSHA
estimated. Mr. Halprin also suggested that each
shade of paint is treated as a separate chemical,
our understanding is that each
major paint company would have hundreds of
thousands of chemicals.
Mr. Halprin suggested that OSHA asserts that
only 1 out of every 200 products will require an
updated SDS and label each year, and that the
Agency understated estimates the Paperwork
burden for compliance with HCS 2012.
Yes
Yes
In the Final Rule 2012 Hazard Communication Standard --Incorporating Globally Harmonized System
of Classification and Labelling of Chemicals ICR, OSHA estimated the burden hours and costs for all
employers to revise all of their existing labels and safety data sheets. The 2015 ICR is the first ICR after
the compliance deadline, so the assumption was that everyone would have come into compliance recently;
therefore, there would be few products that need to be updated. This was not a general estimate of the
number of chemicals whose SDSs need revision every year, but of the number of chemicals that would
need revision the year after all chemicals had already been revised. OSHA has increased the burden
hours in this ICR to reflect the 2017 compliance date.
Mr. Halprin questioned the hour estimate a
supervisor/manager takes to revise/update an SDS
or label and that the Agency fails to explain how a
single supervisor would be qualified to update
labels and SDSs.
Yes
Mr.
2 Halprin suggested that at minimum,
to
ensure quality control, we would expect one
person to enter the agreed-upon SDS and label
changes into the SDS and label data base, and a
Yes
The Agency notes that who does the classification is up to the individual manufacturer. The wage rate
used in the FEA is that of a manager; it is not intended to indicate that only managers would be doing the
classification or that the same person would update all labels or SDSs for a single company. A review of
wages for toxicologists (SOC 19-1041) and industrial hygienists (SOC 29-9011) show they are lower than
or comparable to wages for a manager, so the manager’s wage is an acceptable proxy for the wage of
whoever is doing the classification. While the classification of a chemical product can sometimes involve
large teams, the vast majority of mixtures and chemical products produced by smaller firms will normally
only be an exercise in reviewing and combining SDSs or in using the many updated SDSs produced by
other companies or available from academic repositories as a starting point for their classification.
As earlier noted, in the February 2012 Hazard Communication Standard --Incorporating Globally
Harmonized System of Classification and Labelling of Chemicals ICR, OSHA estimated the burden hours
and costs for all employers to revise their existing labels and safety data sheets. In that ICR, the Agency
estimated that establishments would take on average three to seven hours to revise and update existing
22.
23.
second person to confirm they are correct. For
several reasons, label changes are far more
complicated than SDS revisions. There is often a
limited area in which to place the required
information on a label. He does not believe it
would be appropriate to assume that a software
package will automatically print out a revised
label on a packaging line. It would be more
realistic to assume that, in many cases, the
relevant information will be sent to an outside
labeling house, which will work with in-house
personnel in developing a revised label layout that
will be pre-printed on label rolls and often on
bags and other containers. Then there are the
material and energy costs of creating and
distributing the new SDSs and labels. The costs
will be substantially greater if old preprinted
labels and containers on which they have been
preprinted must be discarded.
Mr.
2 Halprin commented that OSHA’s ICR failed
to include any burden estimate for the transition
from HCS 1994 to HCS 2012.
Mr. Halprin commented that the Inspection
Procedures for Hazard Communication Standard
(HCS 2012) (Directive No. CPL 02-02-079)
(https://www.osha.gov/OshDoc/Directive_pdf/CP
L_02-02-079.pdf) contains additional collections
of information for employers that are not
contained in the Hazard Communication
Standard. He references information a CSHO
may request from manufacturers or importers to
demonstrate reasonable diligence or good faith
efforts when attempting to obtain necessary
information to update an SDS or label. (CPL 02-
SDS/labels. The 2015 ICR recognizes that employers have recently updated their SDSs/labels and
estimates the time to revise labels would be substantially less than the previous ICR, since, in most
situations SDS/labels would not require significant changes. More generally, OSHA aims to estimate the
average burdens and costs of an activity. Some will be simpler and some more complex. OSHA bases its
estimates on an average and cannot reasonably base its estimates solely on worst case scenarios.
Yes
No.
OSHA included costs for employers to become familiar with the 2012 HCS rule in the 2012 ICR. This
ICR assumed that the employers have read and became familiar with the rule, and took a three million
hour reduction (see Table 1, Summary of Annual Burden and Cost of the 2015 ICR). As noted by Mr.
Halprin, the Agency annualized the burden hours for revisions to the safety data sheet over a three year
period, resulting in an annualization of 1,138,560 hour reduction. OSHA concurs with his
recommendation that the burden hours and costs for revisions to safety data sheets and labeling associated
with HCS 2012 be annualized over a five year period to better account for current burden hours. This
results in an annual burden of 683,136 hours at a cost of 44 million dollars for remaining employers to
come into compliance with HCS 2012 SDS and label revisions.
The PRA does not apply to collections of information during the conduct of an administrative action or
investigation. This exception applies during the entire investigation once a case file is open. (5 CFR
1320.4 (a) (2) and (c)). Second, the HCS directive does not require employers to keep any records. The
Directive contains guidelines that provide CSHOs with lists of information an employer may have
gathered or actions an employer may have taken while trying to obtain necessary information to update
their labels or SDSs. If employers have such information, they must provide this information to the
CSHO upon request during the inspection.
24.
25.
26.
02-079; pages 43, 44, and 55)
“Reasonable
2
diligence” under Section
1910.1200(d)(3)(ii) Mr. Halprin argues that,
based on the interim compliance guidance and the
language of the 2015 HCS CPL, it appears that
OSHA has interpreted Section
1910.1200(d)(3)(ii) to mean that a “safety data
sheet misstates or omits information required by
this section” if it is not an HCS 2012-compliant
SDS. He further states that there is no mention of
that intent in the preamble to the final rule
because at the time the preamble was written
OSHA apparently had not yet recognized the
infeasibility of compliance by June 1, 2015.
2
PUBLIC PARTICIPATION IN THE
GHS SUBCOMMITTE PROCESS
Mr. Halprin commented that OSHA focuses on
achieving a working consensus with the UN
Subcommittee on GHS, rather than "advocating
US interests, and the interest of OSHA and US
industry." He states that by the time OSHA holds
stakeholder meetings prior to meeting with the
UN GHS Subcommittee, important decisions
have already been made. He references the "Dust
explosion hazards guidance" as an example of
these processes.
Yes.
Downstream manufacturers may continue to rely on the SDS from upstream suppliers except “…where
they know information is incomplete or wrong, they have some responsibility for ensuring they have the
correct information before using it for their own evaluations.” This text does not change the
responsibility of the original manufacturer to ensure the accuracy of the SDS. Nor does it require the
downstream manufacturer to do a complete classification of all of their ingredients of their product. It is
however a safety net to ensure that no obvious errors are transmitted to downstream users. The
compliance directive was just an additional clarification of the preamble language.
No.
These comments address procedural concerns regarding OSHA, Un Subcommittee on GHS and the
opportunity for public input. They do not address the information collection requirements or PRA
requirements.
Attachment A
Response to Mr. Halprin’s Request for an Interpretation
of OSHA’s Hazard Communication Standard on behalf of
a large manufacturer.
Attachment B
Response to Mr. Halprin’s request for a clarification of
flammable aerosols.
Hazard Communication Standard
(29 CFR 1910.1200)
§ 1910.1200
29 CFR Ch. XVII (7–1–17 Edition)
New York, North Carolina, Texas, Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, Washington, Maryland, North Dakota,
South Carolina, and Georgia.
nlaroche on DSK30NT082PROD with CFR
[39 FR 23502, June 27, 1974, as amended at 43
FR 49746, Oct. 24, 1978; 43 FR 51759, Nov. 7,
1978; 49 FR 18295, Apr. 30, 1984; 58 FR 35309,
June 30, 1993. Redesignated at 61 FR 31430,
June 20, 1996]
§ 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
classified, and that information concerning the classified hazards is transmitted to employers and employees.
The requirements of this section are
intended to be consistent with the provisions of the United Nations Globally
Harmonized System of Classification
and Labelling of Chemicals (GHS), Revision 3. The 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, safety data sheets and employee training.
(2) This occupational safety and
health standard is intended to address
comprehensively
the
issue
of
classifying the potential hazards of
chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legislative or
regulatory enactments of a state, or
political subdivision of a state, pertaining to this subject. Classifying 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 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 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 classify 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, 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.)
(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
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,
(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
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Occupational Safety and Health Admin., Labor
paragraph (f) of this section, and that a
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 safety data sheets that are received with incoming shipments of the
sealed containers of hazardous chemicals, shall obtain a safety data sheet as
soon as possible for sealed containers
of hazardous chemicals received without a safety data sheet if an employee
requests the safety data sheet, and
shall ensure that the 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
§ 1910.1200
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, Firearms and Explosives;
(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;
(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.
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(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 substance, or
mixture of substances.
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
that will clearly identify the chemical
for the purpose of conducting a hazard
classification.
Classification means to identify the
relevant data regarding the hazards of
a chemical; review those data to ascertain the hazards associated with the
chemical; and decide whether the
chemical will be classified as hazardous
according to the definition of hazardous chemical in this section. In addition, classification for health and
physical hazards includes the determination of the degree of hazard, where
appropriate, by comparing the data
with the criteria for health and physical hazards.
Commercial account means an arrangement whereby a retail distributor
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,
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code number, trade name, brand name
or generic name used to identify a
chemical other than by its chemical
name.
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.
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.)
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.
§ 1910.1200
Hazard category means the division of
criteria within each hazard class, e.g.,
oral acute toxicity and flammable liquids include four hazard categories.
These categories compare hazard severity within a hazard class and should
not be taken as a comparison of hazard
categories more generally.
Hazard class means the nature of the
physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.
Hazard not otherwise classified (HNOC)
means an adverse physical or health effect identified through evaluation of
scientific evidence during the classification process that does not meet the
specified criteria for the physical and
health hazard classes addressed in this
section. This does not extend coverage
to adverse physical and health effects
for which there is a hazard class addressed in this section, but the effect
either falls below the cut-off value/concentration limit of the hazard class or
is under a GHS hazard category that
has not been adopted by OSHA (e.g.,
acute toxicity Category 5).
Hazard statement means a statement
assigned to a hazard class and category
that describes the nature of the hazard(s) of a chemical, including, where
appropriate, the degree of hazard.
Hazardous chemical means any chemical which is classified as a physical
hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric
gas, or hazard not otherwise classified.
Health hazard means a chemical
which is classified as posing one of the
following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or
skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive
toxicity; specific target organ toxicity
(single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified
as a health hazard are detailed in Appendix A to § 1910.1200—Health Hazard
Criteria.
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.
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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 an appropriate group of
written, printed or graphic information
elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a
hazardous chemical, or to the outside
packaging.
Label elements means the specified
pictogram, hazard statement, signal
word and precautionary statement for
each hazard class and category.
Mixture means a combination or a solution composed of two or more substances in which they do not react.
Physical hazard means a chemical
that is classified as posing one of the
following hazardous effects: explosive;
flammable (gases, aerosols, liquids, or
solids); oxidizer (liquid, solid or gas);
self-reactive; pyrophoric (liquid or
solid); self-heating; organic peroxide;
corrosive to metal; gas under pressure;
or in contact with water emits flammable gas. See Appendix B to
§ 1910.1200—Physical Hazard Criteria.
Pictogram means a composition that
may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information
about the hazards of a chemical. Eight
pictograms are designated under this
standard for application to a hazard
category.
Precautionary statement means a
phrase that describes recommended
measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous
chemical, or improper storage or handling.
Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
Product identifier means the name or
number used for a hazardous chemical
on a label or in the SDS. It provides a
unique means by which the user can
identify the chemical. The product
identifier used shall permit cross-references to be made among the list of
hazardous chemicals required in the
written hazard communication program, the label and the SDS.
Pyrophoric gas means a chemical in a
gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.
Responsible party means someone who
can provide additional information on
the hazardous chemical and appropriate emergency procedures, if necessary.
Safety data sheet (SDS) means written
or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section.
Signal word means a word used to indicate the relative level of severity of
hazard and alert the reader to a potential hazard on the label. The signal
words used in this section are ‘‘danger’’
and ‘‘warning.’’ ‘‘Danger’’ is used for
the more severe hazards, while ‘‘warning’’ is used for the less severe.
Simple asphyxiant means a substance
or mixture that displaces oxygen in the
ambient atmosphere, and can thus
cause oxygen deprivation in those who
are exposed, leading to unconsciousness and death.
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.
Substance means chemical elements
and their compounds in the natural
state or obtained by any production
process, including any additive necessary to preserve the stability of the
product and any impurities deriving
from the process used, but excluding
any solvent which may be separated
without affecting the stability of the
substance or changing its composition.
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 E to § 1910.1200—Definition of
Trade Secret, sets out the criteria to
be used in evaluating trade secrets.
Use means to package, handle, react,
emit, extract, generate as a byproduct,
or transfer.
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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 classification. (1) Chemical
manufacturers and importers shall
evaluate chemicals produced in their
workplaces or imported by them to
classify the chemicals in accordance
with this section. For each chemical,
the chemical manufacturer or importer
shall determine the hazard classes,
and, where appropriate, the category of
each class that apply to the chemical
being classified. Employers are not required to classify chemicals unless
they choose not to rely on the classification performed by the chemical
manufacturer or importer for the
chemical to satisfy this requirement.
(2) Chemical manufacturers, importers or employers classifying chemicals
shall identify and consider the full
range of available scientific literature
and other evidence concerning the potential hazards. There is no requirement to test the chemical to determine
how to classify its hazards. Appendix A
to § 1910.1200 shall be consulted for classification of health hazards, and Appendix B to § 1910.1200 shall be consulted for the classification of physical
hazards.
(3) Mixtures. (i) Chemical manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in Appendices A and B
to § 1910.1200 to classify the hazards of
the chemicals, including determinations regarding when mixtures of the
classified chemicals are covered by this
section.
(ii) When classifying mixtures they
produce or import, chemical manufacturers and importers of mixtures may
rely on the information provided on
the current safety data sheets of the
individual ingredients, except where
the chemical manufacturer or importer
knows, or in the exercise of reasonable
diligence should know, that the safety
data sheet misstates or omits information required by this section.
(e) Written hazard communication program. (1) Employers shall develop, im-
§ 1910.1200
plement, 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, 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 a product
identifier that is referenced on the appropriate 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 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
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).
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(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) Labels on shipped containers. The
chemical manufacturer, importer, or
distributor shall ensure that each container of hazardous chemicals leaving
the workplace is labeled, tagged, or
marked. Hazards not otherwise classified do not have to be addressed on the
container. Where the chemical manufacturer or importer is required to
label, tag or mark the following information shall be provided:
(i) Product identifier;
(ii) Signal word;
(iii) Hazard statement(s);
(iv) Pictogram(s);
(v) Precautionary statement(s); and,
(vi) Name, address, and telephone
number of the chemical manufacturer,
importer, or other responsible party.
(2) The chemical manufacturer, importer, or distributor shall ensure that
the information provided under paragraphs (f)(1)(i) through (v) of this section is in accordance with Appendix C
to § 1910.1200, for each hazard class and
associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages
may also be included if appropriate).
(3) The chemical manufacturer, importer, or distributor shall ensure that
the information provided under paragraphs (f)(1)(ii) through (iv) of this section is located together on the label,
tag, or mark.
(4) Solid materials. (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 ship-
ments 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 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).
(5) 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.
(6) Workplace labeling. Except as
provided in paragraphs (f)(7) and (f)(8)
of this section, the employer shall ensure that each container of hazardous
chemicals in the workplace is labeled,
tagged or marked with either:
(i) The information specified under
paragraphs (f)(1)(i) through (v) of this
section for labels on shipped containers; or,
(ii) Product identifier and 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.
(7) 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
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(f)(6) of this section to be on a label.
The employer shall ensure the written
materials are readily accessible to the
employees in their work area throughout each work shift.
(8) 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.
(9) 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.
(10) The employer shall ensure that
workplace 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.
(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 six months of becoming aware of the new information, and
shall ensure that labels on containers
of hazardous chemicals shipped after
that time contain the new information.
If the chemical is not currently produced or imported, the chemical manufacturer, importer, distributor, or employer shall add the information to the
label before the chemical is shipped or
introduced into the workplace again.
(g) Safety data sheets. (1) Chemical
manufacturers and importers shall obtain or develop a safety data sheet for
each hazardous chemical they produce
or import. Employers shall have a safety data sheet in the workplace for each
hazardous chemical which they use.
(2) The chemical manufacturer or importer preparing the safety data sheet
shall ensure that it is in English (although the employer may maintain
§ 1910.1200
copies in other languages as well), and
includes at least the following section
numbers and headings, and associated
information under each heading, in the
order listed (See Appendix D to
§ 1910.1200—Safety Data Sheets, for the
specific content of each section of the
safety data sheet):
(i) Section 1, Identification;
(ii) Section 2, Hazard(s) identification;
(iii) Section 3, Composition/information on ingredients;
(iv) Section 4, First-aid measures;
(v) Section 5, Fire-fighting measures;
(vi) Section 6, Accidental release
measures;
(vii) Section 7, Handling and storage;
(viii) Section 8, Exposure controls/
personal protection;
(ix) Section 9, Physical and chemical
properties;
(x) Section 10, Stability and reactivity;
(xi) Section 11, Toxicological information;
(xii) Section 12, Ecological information;
(xiii) Section 13, Disposal considerations;
(xiv) Section 14, Transport information;
(xv) Section 15, Regulatory information; and
(xvi) Section 16, Other information,
including date of preparation or last
revision.
NOTE 1 TO PARAGRAPH (g)(2): To be consistent with the GHS, an SDS must also include the headings in paragraphs (g)(2)(xii)
through (g)(2)(xv) in order.
NOTE 2 TO PARAGRAPH (g)(2): OSHA will not
be enforcing information requirements in
sections 12 through 15, as these areas are not
under its jurisdiction.
(3) If no relevant information is
found for any sub-heading within a section on the safety data sheet, the
chemical manufacturer, importer or
employer preparing the 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 safety data
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sheet to apply to all of these similar
mixtures.
(5) The chemical manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects
the scientific evidence used in making
the hazard classification. If the chemical manufacturer, importer or employer preparing the 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 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 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 safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated;
(ii) The chemical manufacturer or
importer shall either provide 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 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 safety data sheet
upon request.
(7)(i) Distributors shall ensure that
material data sheets, and updated information, are provided to other distributors and employers with their initial shipment and with the first shipment after a safety data sheet is updated;
(ii) The distributor shall either provide 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;
(iii) Retail distributors selling hazardous chemicals to employers having
a commercial account shall provide a
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
safety data sheets upon the request of
the employer at the time of the overthe-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 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 safety data sheet can be
obtained;
(vi) Wholesale distributors shall also
provide safety data sheets to employers
or other distributors upon request; and,
(vii) Chemical manufacturers, importers, and distributors need not provide 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
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
and other alternatives to maintaining
paper copies of the 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
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.
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(10) 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 their work
area(s).
(11) Safety data sheets shall also be
made readily available, upon request,
to designated representatives, the Assistant Secretary, and the Director, in
accordance with the requirements of
§ 1910.1020(e).
(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 chemical
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 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 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
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, health, simple asphyxiation, combustible dust, and
pyrophoric gas hazards, as well as haz-
§ 1910.1200
ards not otherwise classified, 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
labels received on shipped containers
and the workplace labeling system
used by their employer; the safety data
sheet, including the order of information 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,
other specific identification of a hazardous chemical, or the exact percentage (concentration) of the substance in
a mixture, from the safety data sheet,
provided that:
(i) The claim that the information
withheld is a trade secret can be supported;
(ii) Information contained in the
safety data sheet concerning the properties and effects of the hazardous
chemical is disclosed;
(iii) The safety data sheet indicates
that the specific chemical identity and/
or percentage of composition is being
withheld as a trade secret; and,
(iv) The specific chemical identity
and percentage is made available to
health professionals, employees, and
designated representatives in accordance with the applicable provisions of
this paragraph (i).
(2) Where a treating physician or
nurse determines that a medical emergency exists and the specific chemical
identity and/or specific percentage of
composition 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 or percentage composition of a
trade secret chemical to that treating
physician or nurse, regardless of the
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§ 1910.1200
29 CFR Ch. XVII (7–1–17 Edition)
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 or percentage composition, 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 or percentage composition 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;
(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.
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Occupational Safety and Health Admin., Labor
(7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity or percentage composition, 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 or percent of composition 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 trade secret.
(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 or percentage composition 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 or percentage composition 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
§ 1910.1200
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
sufficient protection against the potential harm from the unauthorized disclosure of a trade secret, 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 trade secret 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 information which is a trade secret.
(j) Effective dates. (1) Employers shall
train employees regarding the new
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§ 1910.1200
29 CFR Ch. XVII (7–1–17 Edition)
label elements and safety data sheets
format by December 1, 2013.
(2) Chemical manufacturers, importers, distributors, and employers shall
be in compliance with all modified provisions of this section no later than
June 1, 2015, except:
(i) After December 1, 2015, the distributor shall not ship containers labeled by the chemical manufacturer or
importer unless the label has been
modified to comply with paragraph
(f)(1) of this section.
(ii) All employers shall, as necessary,
update any alternative workplace labeling used under paragraph (f)(6) of
this section, update the hazard communication program required by paragraph (h)(1), and provide any additional
employee training in accordance with
paragraph (h)(3) for newly identified
physical or health hazards no later
than June 1, 2016.
(3) Chemical manufacturers, importers, distributors, and employers may
comply with either § 1910.1200 revised as
of October 1, 2011, or the current
version of this standard, or both during
the transition period.
APPENDIX A TO § 1910.1200—HEALTH HAZARD
CRITERIA (MANDATORY)
A.0
GENERAL CLASSIFICATION
CONSIDERATIONS
A.0.1
A.0.3
CLASSIFICATION
A.0.1.1 The term ‘‘hazard classification’’
is used to indicate that only the intrinsic
hazardous properties of chemicals are considered. Hazard classification incorporates
three steps:
(a) Identification of relevant data regarding the hazards of a chemical;
(b) Subsequent review of those data to ascertain the hazards associated with the
chemical;
(c) Determination of whether the chemical
will be classified as hazardous and the degree
of hazard.
A.0.1.2 For many hazard classes, the criteria are semi-quantitative or qualitative
and expert judgment is required to interpret
the data for classification purposes.
nlaroche on DSK30NT082PROD with CFR
A.0.2
as long as the methods are scientifically
validated.
A.0.2.3 The term ‘‘scientifically validated’’ refers to the process by which the reliability and the relevance of a procedure are
established for a particular purpose. Any
test that determines hazardous properties,
which is conducted according to recognized
scientific principles, can be used for purposes
of a hazard determination for health hazards.
Test conditions need to be standardized so
that the results are reproducible with a
given substance, and the standardized test
yields ‘‘valid’’ data for defining the hazard
class of concern.
A.0.2.4 Existing test data are acceptable
for classifying chemicals, although expert
judgment also may be needed for classification purposes.
A.0.2.5 The effect of a chemical on biological systems is influenced, by the physicochemical properties of the substance and/or
ingredients of the mixture and the way in
which ingredient substances are biologically
available. A chemical need not be classified
when it can be shown by conclusive experimental data from scientifically validated
test methods that the chemical is not biologically available.
A.0.2.6 For classification purposes, epidemiological data and experience on the effects
of chemicals on humans (e.g., occupational
data, data from accident databases) shall be
taken into account in the evaluation of
human health hazards of a chemical.
AVAILABLE DATA, TEST METHODS AND
TEST DATA QUALITY
A.0.2.1 There is no requirement for testing chemicals.
A.0.2.2 The
criteria
for
determining
health hazards are test method neutral, i.e.,
they do not specify particular test methods,
CLASSIFICATION BASED ON WEIGHT OF
EVIDENCE
A.0.3.1 For some hazard classes, classification results directly when the data satisfy the criteria. For others, classification of
a chemical shall be determined on the basis
of the total weight of evidence using expert
judgment. This means that all available information bearing on the classification of
hazard shall be considered together, including the results of valid in vitro tests, relevant
animal data, and human experience such as
epidemiological and clinical studies and
well-documented case reports and observations.
A.0.3.2 The quality and consistency of the
data shall be considered. Information on
chemicals related to the material being classified shall be considered as appropriate, as
well as site of action and mechanism or
mode of action study results. Both positive
and negative results shall be considered together in a single weight-of-evidence determination.
A.0.3.3 Positive effects which are consistent with the criteria for classification,
whether seen in humans or animals, shall
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| File Type | application/pdf |
| File Title | MergedFile |
| File Modified | 2017-10-17 |
| File Created | 2017-09-26 |