– By Gary Auman, Legal Counsel for NFBA –
The first compliance deadline for the Occupational Health and Safety Administration’s new Hazard Communication Standard is fast approaching. All employers are required to have all employees trained on the new label requirements and the Safety Data Sheet (SDS) format by December 1, 2013. A fact sheet that can be downloaded from the OSHA website (www.osha.gov) specifies what this training should include. Other requirements of the new Hazard Communication Standard have also been established, with deadlines occurring between December 1, 2013, and June 1, 2016.
Many employers feel that this is not a significant task and are planning to hold only some cursory educational sessions on hazard communication for their employees. The following review of what is involved may persuade them to allow time for a more robust training.
The first training element concerns the labeling requirements under the new globalized Hazard Communication Program. You must train your employees in the following areas:
1. Product identifiers
Hazardous chemicals must be properly identified and labeled. Identification must include at least the chemical name and code or batch number of the material. The appropriate identifier must be supplied by the manufacturer or by the importer or distributor. The correct product identifier must appear both on the label and in Section 1 (the identification section) of the SDS.
2. Signal words
Signal words are used on labels to indicate the relative level of severity of the hazard and to alert the reader to a potential hazard. Only two signal words are available for use: danger and warning. Danger is used for the most severe hazards; warning is used for less severe hazards. Employees must be trained to understand the signal word on the label. If two different signal words apply to the same product because of different components of the product, the more serious signal word appears on the label. That is, if one of the components in a hazardous material requires the danger signal word, and the other components require only the warning signal word, only the danger signal word should appear on the label.
3. Pictograms
OSHA-mandated pictograms will now be part of all labels. The pictograms must appear in the shape of a square set on point on the label and must include a black hazard symbol on a white background with a red frame. The purpose is to make sure that the pictogram is readily identifiable. Employees will need to be able to recognize all eight pictograms that have been identified for use under this new standard and be able to use them in labeling. These pictograms can be found in Appendix C of the Hazard Communication Standard, which is found in 29 Code of Federal Regulations 1910.1200.
4. Hazard statements
The hazard statement on the label of any product is intended to describe the nature of the hazard(s) of any chemicals, including the degree of the hazard. By degree of hazard, OSHA is referring not to the signal words but rather to the degree of the damage that could be caused if the user inhales the fumes of the material, gets the material on the skin, or comes into contact with the hazardous material in some other way. All applicable hazard statements must appear on the label, and the hazard statement should be specific about the organ or body part that can be injured by exposure to the chemical.
5. Precautionary statements
Precautionary statements are phrases that describe the recommended measures that should be taken to prevent or minimize adverse effects resulting from the employee’s exposure to a hazardous chemical or the improper storage or handling of the hazardous material.
6. Other information
The name, address and telephone number of the chemical manufacturer, distributor or importer must appear on the label.
In addition to training your employees about what they might expect to see on the label of a hazardous material, you must train them on how to use the information on the labels in the workplace. For example, the label may give information on proper storage of the container and the material in it. In addition, training should also cover how to locate the first-aid information on the label, which will be needed in the event of an accidental release, exposure or injury.
Your training should give employees a general understanding of how the elements on a label work together. Employees need to know that when a chemical has multiple hazards, a different pictogram is used to identify each hazard. When similar precautionary statements apply to a chemical, the statement providing the most protective information will be the one included on the label.
In addition to the training on the content of the labels, employees must be trained on the format of the SDS. The many past variations of SDSs have been eliminated under this new standard. All SDSs will now be in a standardized 16-section format. Employees need to understand this format and know where to find important information. For example, you might point out to them that Section 8 addresses exposure limits, engineering controls, and personal protection from the hazards of the material.
As you can see, the training that is required by December 1, 2013, is a little more complex than can be accomplished in a five-minute briefing or even perhaps a 10-minute tool-box talk. Using the information in this article and the OSHA fact sheet, and perhaps working with your safety consultant or your company’s safety officer, you should be able to develop a training program on OSHA’s new Hazard Communication Standard so that your employees will be aware of the new labeling requirements and the new SDS format by December 1, 2013. FBN
Gary Auman of Dunlevey, Mahan and Furry is legal counsel for the National Frame Building Association.