a.
Purpose
-
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.
-
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 645 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
-
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.)
-
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.
-
This section applies to laboratories
only as follows:
-
Employers shall ensure
that labels on incoming containers of hazardous chemicals
are not removed or defaced;
-
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;
-
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,
-
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 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.
-
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:
-
Employers shall ensure
that labels on incoming containers of hazardous chemicals
are not removed or defaced;
-
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,
-
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.
-
This section does not require
labeling of the following chemicals:
-
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;
-
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;
-
Any food, food additive,
color additive, drug, cosmetic, or medical or 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;
- 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 646 requirements of that
Act and labeling regulations issued under that Act by
the Bureau of Alcohol, Tobacco, Firearms and Explosives;
-
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,
-
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.
-
This section does not apply
to:
-
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;
-
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.
-
Tobacco or tobacco products;
-
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);
-
Articles (as that term
is defined in paragraph (c) of this section);
-
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;
-
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);
-
Cosmetics which are packaged
for sale to consumers in a retail establishment, and
cosmetics intended for personal consumption by employees
while in the workplace;
-
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;
-
Nuisance particulates
where the chemical manufacturer or importer can establish
that they do not pose any physical or health hazard
covered under this section;
-
Ionizing and nonionizing
radiation; and,
-
Biological hazards.
c.
Definitions
- Article
- 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
- The Assistant Secretary of
Labor for Occupational Safety and Health, U.S. Department
of Labor, or designee.
- Chemical
- Chemical means any substance,
or mixture of substances.
- Chemical manufacturer
- An employer with a workplace
where chemical(s) are produced for use or distribution.
- Chemical name
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.
- Combustible liquid
Any liquid having a flashpoint at or above 100 deg. F (37.8
deg. C), but below 200 deg. F (93.3 deg. C), except any
mixture having components with flashpoints of 200 deg. F
(93.3 deg. C), or higher, the total volume of which make
up 99 percent or more of the total volume of the mixture.
- Commercial account
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
Any designation or identification such as code name, code
number, trade name, brand name or generic name used to identify
a chemical other than by its chemical name.
- Compressed gas
- A gas or mixture of gases
having, in a container, an absolute pressure exceeding
40 psi at 70 deg. F (21.1 deg. C); or
- A gas or mixture of gases
having, in a container, an absolute pressure exceeding
104 psi at 130 deg. F (54.4 deg. C) regardless of the
pressure at 70 deg. F (21.1 deg. C); or
- A liquid having a vapor
pressure exceeding 40 psi at 100 deg. F (37.8 deg. C)
as determined by ASTM D-323-72.
Container
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
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
The Director, National Institute for Occupational Safety
and Health, U.S. Department of Health and Human Services,
or designee.
- Distributor
A business, other than a chemical manufacturer or importer,
which supplies hazardous chemicals to other distributors
or to employers.
- Employee
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
A person engaged in a business where chemicals are either
used, distributed, or are produced for use or distribution,
including a contractor or subcontractor.
- Explosive
A chemical that causes a sudden, almost instantaneous release
of pressure, gas, and heat when subjected to sudden shock,
pressure, or high temperature.
- Exposure or exposed
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.)
- Flammable
A chemical that falls into one of the following categories:
- "Aerosol, flammable" means
an aerosol that, when tested by the method described
in 16 CFR 1500.45, yields a flame projection exceeding
18 inches at full valve opening, or a flashback (a flame
extending back to the valve) at any degree of valve
opening;
- "Gas, flammable" means:
- A gas that, at ambient
temperature and pressure, forms a flammable mixture
with air at a concentration of thirteen (13) percent
by volume or less; or
- A gas that, at ambient
temperature and pressure, forms a range of flammable
mixtures with air wider than twelve (12) percent
by volume, regardless of the lower limit;
- "Liquid, flammable" means
any liquid having a flashpoint below 100 deg. F (37.8
deg. C), except any mixture having components with flashpoints
of 100 deg. F (37.8 deg. C) or higher, the total of
which make up 99 percent or more of the total volume
of the mixture.
- Solid, flammable" means
a solid, other than a blasting agent or explosive as
defined in 1910.109(a), that is liable to cause fire
through friction, absorption of moisture, spontaneous
chemical change, or retained heat from manufacturing
or processing, or which can be ignited readily and when
ignited burns so vigorously and persistently as to create
a serious hazard. A chemical shall be considered to
be a flammable solid if, when tested by the method described
in 16 CFR 1500.44, it ignites and burns with a self-sustained
flame at a rate greater than one-tenth of an inch per
second along its major axis.
- Flashpoint
The minimum temperature at which a liquid gives off a vapor
in sufficient concentration to ignite when tested as follows:
- Tagliabue Closed Tester
(See American National Standard Method of Test for Flash
Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79))
for liquids with a viscosity of less than 45 Saybolt
Universal Seconds (SUS) at 100 deg. F (37.8 deg. C),
that do not contain suspended solids and do not have
a tendency to form a surface film under test; or
- Pensky-Martens Closed
Tester (see American National Standard Method of Test
for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979
(ASTM D 93-79)) for liquids with a viscosity equal to
or greater than 45 SUS at 100 deg. F (37.8 deg. C),
or that contain suspended solids, or that have a tendency
to form a surface film under test; or
- Setaflash Closed Tester
(see American National Standard Method of Test for Flash
Point by Setaflash Closed Tester (ASTM D 3278-78)).
Organic peroxides, which undergo autoaccelerating thermal
decomposition, are excluded from any of the flashpoint determination
methods specified above.
- Foreseeable emergency
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.
- Hazard Category
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.
- Hazardous chemical
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.
- Hazard Class
Hazard class means the nature of the physical or health
hazards, e.g., flammable solid, carcinogen, oral acute toxicity.
-
-
- Hazard Not Otherwise Classifed
(HNOC)
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
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.
- Hazard warning
Any words, pictures, symbols, or combination thereof appearing
on a label or other appropriate form of warning which convey
the specific physical and health hazard(s), including target
organ effects, of the chemical(s) in the container(s). (See
the definitions for "physical hazard" and "health hazard"
to determine the hazards which must be covered.)
- Health hazard
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.
- Identity
Any chemical or common name which is indicated on the safety
data sheet (SDS) for the chemical. The identity used shall
permit cross-references to be made among the required list
of hazardous chemicals, the label and the SDS.
- Immediate use
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.
- Importer
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
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
Label elements means the specified pictogram, hazard statement,
signal word and precautionary statement for each hazard
class and category.
- Mixture
Mixture means a combination or a solution composed of two
or more substances in which they do not react.
- Organic peroxide
An organic compound that contains the bivalent -O-O-structure
and which may be considered to be a structural derivative
of hydrogen peroxide where one or both of the hydrogen atoms
has been replaced by an organic radical.
- Oxidizer
A chemical other than a blasting agent or explosive as defined
in 1910.109(a), that initiates or promotes combustion in
other materials, thereby causing fire either of itself or
through the release of oxygen or other gases.
- Physical hazard
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
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
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
-
To manufacture, process, formulate, blend, extract, generate,
emit, or repackage.
- Product Identifier
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
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
Someone who can provide additional information on the hazardous
chemical and appropriate emergency procedures, if necessary.
- Safety Date Sheet (SDS)
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
- 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
-
- 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
- The chemical name, Chemical
Abstracts Service (CAS) Registry Number, or any other information
that reveals the precise chemical designation of the substance.
- 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
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.
- Unstable (reactive)
A chemical which in the pure state, or as produced or transported,
will vigorously polymerize, decompose, condense, or will
become self-reactive under conditions of shocks, pressure
or temperature.
- Use
To package, handle, react, emit, extract, generate as a
byproduct, or transfer.
- Water-reactive
A chemical that reacts with water to release a gas that
is either flammable or presents a health hazard.
- Work area
A room or defined space in a workplace where hazardous chemicals
are produced or used, and where employees are present.
- Workplace
An establishment, job site, or project, at one geographical
location containing one or more work areas.
d.
Hazard Classification
-
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.
- 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.
- Mixtures:
-
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.
- 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.
-
Chemical manufacturers, importers,
or employers evaluating chemicals shall describe in writing
the procedures they use to determine the hazards of the
chemical they evaluate. The written procedures are to
be made available, upon request, to employees, their designated
representatives, the Assistant Secretary and the Director.
The written description may be incorporated into the written
hazard communication program required under paragraph
(e) of this section.
e.
Written Hazard Communication Program
-
Employers shall develop,
implement, 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:
-
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,
-
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.
-
"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:
-
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;
-
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,
-
The methods the employer
will use to inform the other employer(s) of the labeling
system used in the workplace.
-
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).
-
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 1910.1020 (e).
-
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
-
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:
-
Product identifier;
- Signal word;
- Hazard statement(s);
- Pictogram(s);
- Precautionary statement(s);
and,
- Name, address, and telephone
number of the chemical manufacturer, importer, or other
responsible party.
- 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).
- 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.
- 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 shipments 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).
- 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.
-
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.
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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 (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.
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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.
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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.
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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.
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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 (SDS)
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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.
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The chemical manufacturer
or importer preparing the safety data sheet shall ensure
that it is in English (although the employer may maintain
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):
-
Section 1, Identification;
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Section 2, Hazard(s)
identification;
-
Section 3, Composition/information
on ingredients;
- Section 4,
First-aid measures;
-
Section 5, Fire-fighting
measures;
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Section 6, Accidental
release measures;
-
Section 7, Handling and
storage;
-
Section 8, Exposure controls/personal
protection;
- Section 9,
Physical and chemical properties;
-
Section 10, Stability
and reactivity;
-
Section 11, Toxicological
information;
-
Section 12, Ecological
information;
- Section 13, Disposal considerations;
- Section 14, Transport
information;
- Section 15, Regulatory
information; and
- 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.
- 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.
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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 sheet
to apply to all of these similar mixtures.
- 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.
-
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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;
-
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;
-
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,
-
The chemical manufacturer
or importer shall also provide distributors or employers
with a safety data sheet upon request.
-
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Distributors shall ensure
that safety 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;
-
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;
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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 safety data sheet is available;
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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 over-the-counter
purchase, and shall post a sign or otherwise inform
such employers that a safety data sheet is available;
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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;
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Wholesale distributors
shall also provide safety data sheets to employers
or other distributors upon request; and,
-
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.
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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.)
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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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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 in their work
area(s).
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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
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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.
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"Information." Employees
shall be informed of:
-
The requirements of this
section;
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Any operations in their
work area where hazardous chemicals are present; and,
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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.
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"Training." Employee training
shall include at least:
-
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.);
-
The physical, health,
simple asphyxiation, combustible dust, and pyrophoric
gas hazards, as well as hazards not otherwise classified,
of the chemicals in the work area;
-
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,
- 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
- 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:
-
The claim that the information
withheld is a trade secret can be supported;
-
Information contained
in the safety data sheet concerning the properties
and effects of the hazardous chemical is disclosed;
- The safety
data sheet indicates that the specific chemical identity
and/or percentage of composition is being withheld as
a trade secret; and,
-
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).
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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 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.
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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:
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The request is in writing;
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The request describes
with reasonable detail one or more of the following
occupational health needs for the information:
-
To assess the hazards
of the chemicals to which employees will be exposed;
-
To conduct or assess
sampling of the workplace atmosphere to determine
employee exposure levels;
-
To conduct pre-assignment
or periodic medical surveillance of exposed employees;
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To provide medical
treatment to exposed employees;
-
To select or assess
appropriate personal protective equipment for
exposed employees;
-
To design or assess
engineering controls or other protective measures
for exposed employees; and,
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To conduct studies
to determine the health effects of exposure.
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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:
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The properties and
effects of the chemical;
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Measures for controlling
workers' exposure to the chemical;
-
Methods of monitoring
and analyzing worker exposure to the chemical;
and,
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Methods of diagnosing
and treating harmful exposures to the chemical;
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The request includes
a description of the procedures to be used to maintain
the confidentiality of the disclosed information;
and,
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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.
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The confidentiality agreement
authorized by paragraph (i)(3)(iv) of this section:
-
May restrict the use
of the information to the health purposes indicated
in the written statement of need;
-
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,
-
May not include requirements
for the posting of a penalty bond.
-
Nothing in this standard
is meant to preclude the parties from pursuing non-contractual
remedies to the extent permitted by law
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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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If the chemical manufacturer,
importer, or employer denies a written request for disclosure
of a specific chemical identity or percentage composition,
the denial must:
-
Be provided to the health
professional, employee, or designated representative,
within thirty days of the request;
-
Be in writing;
-
Include evidence to support
the claim that the specific chemical identity or percent
of composition is a trade secret;
-
State the specific reasons
why the request is being denied; and,
-
Explain in detail how
alternative information may satisfy the specific medical
or occupational health need without revealing the
trade secret.
-
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.
-
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:
-
The chemical manufacturer,
importer, or employer has supported the claim that
the specific chemical identity is a trade secret;
-
The health professional,
employee, or designated representative has supported
the claim that there is a medical or occupational
health need for the information; and,
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The health professional,
employee or designated representative has demonstrated
adequate means to protect the confidentiality.
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- 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 chemical manufacturer, importer,
or employer will be subject to citation by OSHA.
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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.
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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.
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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.
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Nothing in this paragraph
shall be construed as requiring the disclosure under any
circumstances of process or percentage of mixture information
which is a trade secret.
j.
Effective Dates
- Employers shall train employees
regarding the new label elements and safety data sheets
format by December 1, 2013.
- 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.
- 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.
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