Document 2JL4wjzEqVpk915gvoBE0ev4L

J-M Manufacturing Co., Inc Internal Correspondence To ALL PLANT MANAGERS Date: From : g. e. Wang, Stockton H.Q. Copies : c.J. Chen, Wilfred Wang Subject : OSHA'S HAZARD COMMUNICATION STANDARD March 3, 1986 I was repeatedly told by Mr. C.J. Chen that you have already known what the OSHA's Hazard Communication Standard is and you have developed your own program to comply with this Standard. Thus,' there is no -need for me to develop a program and purchase the related training materials for you. If this is true, take no action. If this is not the case, you should notify Mr. Chen immediately (with a copy to me). Since employers must be in compliance with all provisions of this Standard by May 25, 1986, your immediate attention to this matter is certainly required. EEWrrac MAR. 0 4 1986 D 002560 w* 12) This occupational safety and health standard is intended to address comprehensively the issue of evaluating and communicating chemical hazards to employees in tbs manufacturing sector, and to preempt any state law pertaining to this subject Any state which desires to assume responsibility in this area - may only do so under the proviaions of 116 of the Occupational Safety and Health Act (29 U.S.C. 651 ct. seq.) which deala with atate jurisdiction and state plans. (b) Scope and application. (1) This section requires chemical manufacturers or importers to assess the hazards of chemicals which they producs or import, and all employers in SIC Codes 20 through 39 (Division D. Standard Industrial Classification Manual) 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 wanting, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers in SIC Codes 20-39. (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 material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are reacily accessible to laboratory PART 1910--{AMENDED) employees; and. (iii) Employers shall ensure that Subpart 2 of Part 1910 of Title 29 of laboratory employees are apprised of the Cods of Federal Regulations (CFR) is the hazards of the chemicals in their hereby amended by adding a new workplaces in accordance with -1 1910.1200 to read as follows: 5 191C.1200 Hazard communication. paragraph (h) of this section. v {4} This section does not require labeling of the following chemicals: (a) Purpose. (1) The purpose of this (i) Any pesticide as such term is section is to ensure that the hazards of defined in the Federal Insecticide. al! chemicals produced or imported by Fungicide, and Rodenticide Act (7 U.S.C chemical manufacturers cr importers are 136 c*t seq.). when subject to the labeling evaluated, and that information requirements of that Act and labeling concerning thefr hazards is transmitted regulations issued under that Act by the to affected employers and employees Environmental Protection Agency: within the manufacturing sector. This (ii) Any food, food additive, color transmittal of information is to be additive, drug, or cosmetic, including accomplished by means of . materials intended for use as ingredients comprenensive hazard communication in such products (e.g.. flavors and programs, which are to inclnde fragrances), as such terms are defined in container labeling and other forms of the Federal Food, Drug, and Cosmetic warning, material safety data sheets and Act (21 U.S.C. 301 et seq.) and employee training regulations issued under that Act. when they are subject to the labe,! g requirements of that Ant and labeling regulations issued under that Act by the Food and Drug Administration: (iii) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial usa. as such terms are defined in the Federal'Alcohol Administration Act (27 U.S.C. 201 et saq.) 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, and Firearms; and. (iv) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C 2031 et seq.) and Federal Hazardous Substances Act (15 U.S.C 1201 et teq.) respectively, when subject to a consumer product safety standard or labeling requirement ox those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission. (5) 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 am! Recovery Act of 1976. as emended (42 U.S.C 6901 et seq.). when subject to regulations issued under that .Act by Ine Environmental Protection Agency; (iij Tobacco or tobacco products; (iii) Wood orv/ood products: (iv) Articles; and. (v) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace. (c) Definiiions. "Article" means a manufactured item: (i) Which is fermed to a specific shape or design during manufacture: (ii) which has end use function^} dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to. a hazardous chemical under normal conditions of use. "Assistant Secretary" means the Assistant Secretary of Labor tor Occupational Safety and Health. U.S. Department of Labor, or designee. "Chemical" means any element, chemical compound or mixture of elements and/or compounds. "Chemical manufacturer" means an employer in SIC Codes 20 through 39 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) OCT. 2 3 1984 0 002561 HAZGOiV Coc^ni i'.cgiaiar / *ol vc, rye. ZLa / rnoay. I'lOvemoer Lc. ak> y ivu.es O one percent (or in the cate of carcinogen*, less than 0.1 percent) could be released in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could'present a health haxard to employees in those concentrations, the mixture shall be essumed to present the same hazard. (0) Chemical manufacturers. importers, or employers evaluating chemicals shall describe in writing the jrocedures 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 representative*, the i Assistant Secretary anfl tnc Director. The written-description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Written hazard communication 'yf program. (1) Employers shall develop and implement s vyritten hazard communication program for their workplaces which at least describes bow the criteria specified in paragraphs (0. (Sh sod (h) of this section for labels and other forms oi warning, material safety data sheets, and employee information and training-will be met, ^ana which also includes the following: " (i) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); (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 uniabeied pipes in tneir work areas: and. (ni) The methods the employer will use to inform any contractor employers with employees working in the employer's workplace of the hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures. (2) The employer may rely on an extstmg hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). (3) 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). If] Labels and other forms of warning. [11 The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following Information; ii) ldentity of the hazardoua chemical(s); (ii) Appropriate hazard warnings: and (ill) Name and address of the chemical manufacturer. Importer, or other responsible party. (2) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with tbia section in a manner which does cot conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulation* issued under that Act by the Department of Transportation. (3) If the hazardous chemical is regulated by OSHA in a substance-, specific health standard, the chemical - manufacturer, importer, distributor or employer shall ensure that the labels or other forms of warning used are in accordance with the requirements of that standard. (4) Except as provided in paragraphs (f)(5) and (f)(6) the employer shall . ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information: . (i) Identity of the hazardous chemical(s) contained therein; and (ii) Appropriate hazard warnings. (5) 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)(4) of this section to be on a label. The written materials shall be readily ' accessible to the employees in thwr 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. (7) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container it immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available m 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. (9) The chemical manufacturer, importer, distributor or employer need not affix new labels to comply with this section if existing labels alreedy convey the required information. (g) Material safety data sheets, (l) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardoua chemical they produce or import. Employers shall have a material safety data sheet tor each hazardous chemical which tbe~y~ use. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (1) The'identity used on the label, and. except as provided for in paragraph (f) of this section on trade secrets: (A) If the hazardous chemical is a single substance. Its chemical and common name(s); (5) If the hazardoua chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself; or. - (C) If the hazardous chemical is a mixture which has not been tested as a whole: {/) The chemical and common name(a) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concentrations are 0.1% or .greater, and,. (2) The chemical and common name(s) of all ingredient* which have been determined to'present a physical hazard when present in the mixture: . (ii) Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point): (iii) The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity; (iv) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical; ; (v) The primary route(s) of entry; ! (vi) The OSHA permissible exposure limit. ACGIH Threshold Limit Value, and any other exposure limit used or D 002562 HAZCOM 53344 Footrai RjjgisUrr / VoL 43. No. 228 / Friday. November 25, 1983 / Rules and Regulations - recommended by the chemical information shall be added to the manufacturer, importer, or employer material safety data sheet within three preparing the material safety data sheet, months. If the chemical is not currently where available: (vii) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on being produced or imported the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is Carcinogens (latest edition) or has been introduced into the workplace again. found to be a potential carcinogen in the (8) Chemical manufacturers or International Agency for Research on Cancer (1ARC) Monographs (latest editions), or by OSHA: (viii) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks; (ix) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet such as appropriate engineering controls, work practices, or personal protective equipment: (x) Emergency and first aid procedures: (xi) The date of preparation of the material safety data'sheet or the last change to it and. (xii) The name: address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the' hazardous chemical and appropriate emergency procedures, if necessary. (3) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the material safety data sheet shall mark it to indicate that so applicable infonsation was found. importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing purchaser prior to or a! the time of the shipment If the material safety data sheet is not provided with the shipment, the manufacturing purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that materia! safety data sheets, and updated information, are provided to other distributors and manufacturing purchasers of hazardous chemicals. (8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees whenJhey are in their work area(s). (9) Material safety data aheets 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 (4) Where complex mixtures have the required information is provided for similar hazards and contents (i.e. the each hazardous chemical, and is readily chemical ingredients are essentially the accessible during each work shift to same, but the specific composition employees when they are in their work varies from mixture to mixture), the area(s). chemical manufacturer, importer or (10) Material safety data sheets shall employer may prepare one material also be made readily available, upon safety data sheet to apply to all of these request, to designated representatives similar mixtures. and to the Assistant Secretary, in (5) The chemical manufacturer, accordance with the requirements of 29 importer or employer preparing the CFR 1910.20(e). The Director shall also material safety data sheet shall ensure be given access to material safety data that the information recorded accurately sheets in the same manner. reflects the scientific evidence used in & (hj Employee information and making the hazard determination. If the - training. Employers shall provide chemical manufacturer, importer or employees with information and training employer becomes newly aware of any on hazardous chemicals in their work significant information regarding the j area at the time of their initial hazards of a chemical, or ways to assignment, and whenever a new hazard protect against the hazards, this new i is introduced into their work area. 1i / information, cunptoy <. informed of: eriau yc (1) 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 material safety data sheets required by this section. (2) 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 and health hazards of the chemicals is 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 the uaed; and. (iv) The details of the hazard communication program developed by the employer, including an explanation of the Labeling system and the material safety data sheet, and how employees can. obtain and use the appropriate hazard information. (i) Trade secrets. (1) The chemical J manufacturer, importer or employer may^ withhold the specific chemical identity, including the diemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (1) The claim that the information withheld is a trade secret can be supported: (ii) Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical it disclosed; (iii) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret: and. (iv) The specific chemical identity is made available to health professionals, in accordance with the applicable provisions'of this paragraph. (2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical D 002563 HAZCnnt* ifi?? ' .iu. Z--z t rr>-ay. rovemoer / Rates ana Reg-nations secret status be made and the various ways. Generally, the terms necessary protections can be "acute*' and "chronic" are used to implemented. delineate between effect! on the basis (13) Nothing in this paragraph shall be of severity or duration. "Acute" effects construed as requiring the disclosure usually occur rapidly as a result of under any circumstances of process or short-term exposures, and are of short percentage of mixture information which duration. "Chronic" effects generally is trade secret occur as a result of long-term exposure, 0) Effective dates. Employers shall be and are of long'duration. in compliance with this section within The acute effects referred to most the following time periods: frequently are those defined by the (1) Chemical manufacturers and American National Standards Institute importers shall Label containers~oT (ANSI) standard for Precautionary hazardous chemicals leaving their Labeling of Hazardous Industrial workplaces, and provide msteriaTsafety Chemicals (Z129.1-1982)--Irritation, data sheets with initial shipments by corrosivity, sensitization and lethal yf November 25, 1985. dose. Although these are important (2) Distributors shall be in compliance health effects, they da not adequately ' with all provisions of this section cover the considerable range of acute applicable to them by November 22, effects which may occur as a result of . 1982. occupational exposure, such as. for (3) Employers shall be in compliance example, narcosis. with all provisions of this section by Similarly, the term chronic effect is j- May 25.1988, including initial training often used to cover only caroinogenidty, , for all current employees. teratogenicity, and mutagenicity. These Appendix A to { 191ttl200--Health Hazard Definitions (Mandatory) effects are obvious a concern in the workplace, but again, do not adequately cover the aree of chronic effects, Although safety hazards related to the excluding, for example, blood physical characteristics of a chemical - dyscrasias (such as anemia), chronic can be objectively defined in terms of bronchitis and liver atrophy. testing requirements (e.g. flammability), The goal of defining precisely, in health hazard definitions are less measurable terms, every possible health precise and mote subjective. Health effect that may occur in the workplace hazards may cause measurable changes as a result of chemical exposures cannot in the body--such as decreased realistically be accomplished. This does pulmonary function. These changes are not negate the need for employees to be generally indicated by the occurrence of informed of such effects and protected signs and symptoms in the exposed from them. employees--such as shortness of breath, Appendix B. which is also mandatory, a non-measurable. subjective feeling. outlines the principles and procedures of Employees exposed to such hazards hazard assessment must be apprised of both the change in For purposes of this section, any body function and the signs and chemicals which meet any of the symptoms that may occur to signal that following definitions, as determined by change. the criteria set forth in Appendix B are The determination of occupational health hazards: health hazards is Complicated by the 1. Carcinogen: A chemical is fact that many of the effects or sigoa and considered to be a carcinogen i symptoms occur commonly in non- (a) It has been evaluated by the occupationally exposed populations, so International Agency for Research on that effects of exposure are difficult to Cancer (IARQ, and found to be, a separate from normally occurring carcinogen or potential carcinogen; or illnesses. Occasionally, a substance (b) It is listed as a carcinogen or causes an effect that is rarely seen in the potential carcinogen in the Annual population at large, such as Report on Ccrcinogens published by the angiosarcomas caused by vinyl chloride National Toxicology Program (NTP) exposure, thus making it easier to (latest edition): or. ascertain that the occupational exposure (c) It is regulated by OSHA as a was the primary causative factor. More carcinogen. often, however, the effects are common, 2. Corrosive: A chemical that causes such as lung cancer. The situation is visible destruction of. or irreversible further complicated by the fact that alterations In. living tissue by chemical most chemicals have not been action at the site of contact. For adequately tested to determine their example, a chemical is considered to be health hazard potential, and data do not corrosive if. when tested on the intact exist to substantiate these effects. skin of atbino rabbits by the method There have been many attempts to described by the U.S. Department of categorize effects and to define them in Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following *n exposure period of four hours. This term shall not refer to action on inanimate surfaces. 3. Highly toxic: A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LDm) of SO milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDm) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LCm) in air of 200 parts per million by volume or less of gat or vapor, or 2 milligrams per liter or less of mist fume, or dust when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible Inflammatory effect on living tissue by chemical action at the site of contact A chemical is a skin irritant if. when tested on the intact skin of albino rabbits by the methods of 18 CFR 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in 18 CFR 1500.42 or other appropriate techniques. 5. Sensitizer A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. 8. Toxic. A chemical failing within any of the following categories: (a) A chemical that has a median lethal dose (LDm] of more than SO milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDm) of more than 200 milligrams per kilogram but not more than 1.000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LC m) in air of D 002564 HAZS