Document 9QvkB2Zrr4MwB1YQwLk5XvMD

TO: Safety Directors P5>M FROM: DATE: Interoffice Communication gjjgj. T. G. Grumbles June 16, 1986 HAZARD COMMUNICATION STANDARD COMPLIANCE VIS1A Enclosed is a revised compliance instruction for OSHA inspectors doing Hazard Communication inspections. It is a good guideline to evaluate individual plant programs. CPT^----- Thomas G. Grumbles ajo/9 Enclosure cc WLM 00001698? 1312 failure to equip machine parts with guards, and 1910.2l7(cX2Xi)<a) for failure to equip power presses with point of operation guards. The employer also is contesting a serious citation and a $3,800 penalty for 11 items, including 1910.133(aXl) for failure to provide protective face equipment, 191Q.212(aXl) for failure to equip rotating machine parts with guards, and 1910.213(hXl) for failure to equip radial saws with guards (No. 86*630). North American Spring Corp. of Ohio, Cincinnati, Ohio, is contesting a repeat citation and a $1,200 penalty for 1910.212(aXl) for failure to equip nip points and rotating machine parts with guards (No. 86*626). Perini Corp., West Palm Beach, Fla., is contesting a repeat citation and a $1,600 penalty for 1926.500(dXl) for failure to equip open-sided platforms with railings. The employer also is contesting a serious citation and a $1,100 penalty for 1926.500(bXl) for failure to equip floor openings with railings, and 1926.500(eXlXiv) fr failure to equip stairways with railings (No. 86-612). OCCUPATIONAL SAFETY & HEALTH REPORTER R & C Corp., Flushing, N.Y., is contesting a serious cita tion and a $400 penalty for 1926.651(1X1) for failure to maintain excavated material away from the excavation site, 1926.652(a) for failure to slope or shore the sides of a trench, and 1926.652(h) for failure to provide an adequate exit for a trench (No. 86-603). Red Arrow Products Co. Inc., Manitowoc, Wis., is contest ing a serious citation and a $640 penalty for Section 5(aXl) for failure to protect employees from exposure to burns from an opening on a sbeaver (No. 86-619). Sanchez Brothers, Newberry, Fla., is contesting a serious citation and a $120 penalty for 1926.500(dXl) for failure to equip open-sided floors with railings (No. 86-607). Standard Oil of Ohio, Lima, Ohio, is contesting a serious citation for Section 5(a)(1) for failure to protect employees from fire hazards at a reboiler furnace (No. 86-624). Toronto Paperboard Co. Inc., Toronto, Ohio, is contesting a $3,870 penalty for a serious citation for 1910.261(lX7Xiv) for failure to equip a cutter with guards, 1910.261(b)(1) for failure to equip pulleys with guards, and 1910.261(lX?Xii) for failure to equip knife machines with guards (No. 86-625). Full Text OSHA INSTRUCTION CPL 2-2.38A ON PROCEDURES FOR ENFORCING THE HAZARD COMMUNICATION STANDARD Subject: Inspection Procedures for the Hazard Communi cation Standard, 29 CFR 1910.1200 A. Purpose. This instruction establishes policies and pro vides clarifications to ensure uniform enforcement of 29 CFR 1910.1200, the Hazard Communication Standard (HCS). B. Scope. This instruction applies OSHA-wide. C. References. 1. The Field Operations Manual (FOM), OSHA Instruction CPL 2.45A, April 18, 1983. 2. Voluntary Training Guidelines, 49 FR 30290, July 27, 1984. D. Cancellation. OSHA Instruction CPL 2-2.38, August 5, 1985, is canceled. E. Action. OSHA Regional Administrators and Area Di rectors shall ensure that the guidelines presented in this instruction are followed. The Directorate of Field Oper ations shall provide whatever support is necessary to assist the Regional Administrators and Area Directors to enforce the HCS. F. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall: 1. Ensure that this change is forwarded to each State designee. 2. Explain the technical content of the change to the State designee as requested. 3. Ensure that State designees acknowledge receipt of this Federal program change in writing, within 30 days of notifi cation, to the Regional Administrator. This acknowledgment should include the State's intention to follow the enforce ment policies described in this instruction, or a description of the State's alternative policy which is "at least as effec tive" as the Federal policy. a. If a State intends to follow the inspection procedures described in this instruction, only a written indication of intent is needed. Where an identical policy is adopted, the Region should review policies, instructions and guidelines issued by the State to determine that this change has been communicated to State program personnel. b. Any alternative State enforcement policy must be submitted as a State plan supplement within 6 months. An alternative enforcement policy would presumably be nec essary in a State with a right-to-know law or a different hazard communication standard, including one whose scope is expanded beyond that of the Federal standard. Any alternative State policy must be submitted with the differences from Federal procedures identified and a comparison and justification made for those differences, to demonstrate that the State plan change is "at least as effective" as the Federal. 4. Utilize routine monitoring activities to determine if this change has been implemented in actual performance. 5. Provide an overall assessment on relative effectiveness of the State plan change and a recommendation for appro val/disapproval by the Assistant Secretary. G. Background. The final Hazard Communication Stand ard (HCS), 29 CFR 1910.1200, was published in the Federal Register on November 25, 1983 (48 FR 53280). 1. The HCS incorporates both specification and perform ance requirements which are result-oriented, providing goals for achievement, and allowing employers the fiexibil- 5-29-86 Copyright 1966 by The Bureau of National Affairs, Inc. OOeS-3237/M/SO+.SO VVV 000016983 CURRENT REPORT 1313 ity to develop a program suitable for their particular facility. 2. Compliance Safety and Health Officers (CSHO's) must exercise a high level of professional judgment during com pliance inspections. This instruction provides guidelines and evaluation strategies. The standard itself, and the preamble accompanying it, must be relied upon for further guidance. H. Phased Implementation. The HCS is designed to result in a downstream flow of hazard information from the producers of chemicals to industrial users of these products. Since receipt of such information is necessary to implement some parts of the standard, the effective dates allow for a phase-in period for compliance. I. As of November 25, 1985, chemical manufacturers, importers, and distributors are required to label shipped containers of hazardous chemicals, and to provide Material Safety Data Sheets (MSDS) to manufacturing purchasers of these chemicals (i.e., employers in Standard Industrial Clas sification (SIC) Codes 20-39, the manufacturing sector). 2. As of May 25, 1986, all employers in SIC Codes 20-39 must be in compliance with all of the requirements of the standard. I. Organization of this Instruction. Compliance guide lines and policy considerations are addressed within the main part of this instruction. Clarifications, interpretations, review aids and other information are provided in Appen dixes A through C. This format will permit easier updating and additions, as enforcement experience provides more information regarding these areas. 1. Appendix A of this instruction provides clarifications of provisions of the standard where significant interpretations are necessary to ensure uniform enforcement and understanding. 2. Appendix B provides a sample letter for inquiries regarding missing or deficient material safety data sheets. 3. Appendix C provides general guidelines for evaluation of hazards. J.Inspection Guidelines. The following are general in spection guidelines: 1. Phased Enforcement. Enforcement activity must conform with the implementation schedule described in F.l. (Phased Implementation) of this instruction. For clarity, the standard's requirement may be viewed as prompting two distinct and separable levels of effect. a. Suppliers of Hazardous Chemicals. These employ ers include importers, chemical manufacturers and dis tributors. As outlined below, specific responsibilities, re lating to shipped or sold hazardous chemicals, began on November 25, 1985. CSHO's are currently required to evaluate visited suppliers. b. Users of Hazardous Chemicals. This category includes all employers that are in SIC Codes 20-39. Inhouse requirements for these employers begin on May 25, 1986. 2. Suppliers and Users. The roles of suppliers and users and their respective functions are intertwined. A chemical manufacturer, for example, will have had to fulfill its supplier responsibilities as of November 25, 1985. The same employer's remaining in-house responsibilities, relating to the employer's own workplace, begin on May 25,1966. a. Specific Supplier Responsibilities (as of Novem ber 25, 1985). (1) Perform hazard determinations. (2) Comply with labeling, and (3) MSD requirements. b. Specific User Responsibilities (as of May 25, 1986). Perform hazard determination for hazardous chemicals created within and used exclusively on-site. 3. Inspection Resources. Both Safety and Health Compli ance Officers shall evaluate employer compliance with the HCS during the course of all programmed inspections at establishments classified within SIC Codes 20-39, including records review inspection. Employer compliance shall also be evaluated during unprogrammed inspections, when the need becomes apparent, and with supervisory approval. a. Both safety and health CSHO's shall evaluate employ er compliance with the written program requirements, use of labels, availability of MSDS and appropriate training. b. CSHO's shall consult with opposite discipline person nel when other specific expertise is necessary to evaluate elements of the employer's program. For example, an Industrial Hygienist may need to consult with an Occupa tional Safety and Health Specialist when questions arise concerning fire protection statements on an MSDS. 4. Citation Guidelines. Citations for violations of 29 CFR 1910.1200 (eXl), (fXD, (gXl) and (h) shall be issued as sepa rate items, when there is a complete lack of hazard commu nication program. 5. Hazard Determination - 29 CFR 1910.1200(d). Chemical manufacturers and importers are required to perform hazard determinations on all chemicals they pro duced or imported. Hazard determination procedures must be in writing and made available, upon request, to employ ees, NIOSH and OSHA. a. If a chemical manufacturer has developed Material Safety Data Sheets (MSDS) but does not have the written procedures available that were used to determine the hazards of the chemical(s), then an apparent violation of 29 CFR 1910.1200(dX6) exists and shall be recommended for citation. This policy applies also if the chemical manufacturer relies on MSDS from upstream chemical manufacturers (i.e., a written hazard determination is required, although the manufacturer could simply state that it is relying on the upstream chemical manufactur er's information). b. If no written procedures are available and the chemi cal manufacturer has not obtained or developed an MSDS, then apparent violations of 29 CFR 1910.1200 (dXl) and (dX6) exist and shall be recommended for citation. (Refer to J.8.d., page 17, of this instruction for guidance.) c. When deficiencies exist in the chemical manufactur er's or importer's hazard determination, then the spectre deficiencies shall be documented and recommended for citation under 29 CFR 1910.1200 (dX2). d. The employer shall be asked to forward the written hazard determination procedures to the Area Director when they are not immediately available at the establish ment. A reasonable time period not exceeding 5 working days shall be allowed for receipt in the Area Office. e. CSHO's shall determine the adequacy of a company's hazard determination program primarily by assessing the outcome of that determination; i.e., the accuracy and adequacy of the information on labels and material safety data sheets. The written hazard evaluation procedures are to generally describe the process followed -- they do not have to address each chemical evaluated. 5-29-66 Occupational Safety & Health Reporter WV 000016"4 1314 OCCUPATIONAL SAFETY & HEALTH REPORTER (1) Although not required, many companies will keep .records of individual chemical evaluations. In the event of a finding by the CSHO of an inaccurate determina tion, as indicated by inaccurate information on the MSDS or label, these records may be useful In identify ing where the company's evaluation differed from OSHA's and for documentation of appropriate violations. (2) In general, the hazard evaluation procedures should address the following: (a) The persons) responsible for evaluating tbe chemical(s). (b) The sources of information to be consulted. Evaluators should have access to a wide range of sources. While well-known chemicals could be ade quately evaluated by consulting established reference texts, others will require searches of bibliographic data bases. (c) Criteria to be used to evaluate the studies, including those parameters addressed by the HCS (i.e., statistical significance; conducted according to scientific principles). (d) A plan for reviewing information to update the MSDS if new and significant health information is found. f. Citations. Citations for violations of 29 CFR 1910.1200(dXl) shall be issued when the employer has failed to perform a hazard determination. Paragraph (dX2) of the standard shall be used, and specific deficien cies noted, when deficiencies exist. g. Specific Documentation. Hie following items shall be documented in addition to those required by the FOM when citations are recommended under 29 CFR 1910.1200(d): (1) The name of the chemical. (2) Name of person preparing the hazard determina tion, MSDS, who they work for, etc. (3) To whom the chemical is being sold; i.e., name, location of establishment; document that the chemical is sold to employers in SIC Codes 20-39 or a distributor, and that employees may be exposed, where possible. (4) Document the number of employees in the estab lishment being inspected that may be exposed (includ ing potential exposure) to the chemical. (5) Health and physical hazards of the chemical. 6. Written Hazard Communication Program, 29 CFR 1910.1200(e). CSHO's shall review the employer's written hazard communication program to determine if all applica ble requirements of 29 CFR 1910.1200(e) have been ad dressed. The review of the written program shall be done first, prior to ascertaining whether the elements of the program have been implemented in the workplace. The length and complexity of the written program will vary from site to site. The CSHO shall determine whether or not the employer has addressed the issues in sufficient detail to ensure that a comprehensive approach to hazard communi cation has been developed. If no program exists, the employ er shall be cited under 29 CFR 1910.1200(eXl). An effective program need not include all of the elements listed below. They are provided to serve as an evaluation tool. The primary considerations should be whether the program ade quately addresses the issues, and whether employees are permitted ready access to required information. The pream ble states "The written program need not be lengthy or complicated, but should adequately address each of these required components in the program." In general, the writ ten program should include consideration of the following elements; a. Labels and other Forms of Warning. (1) Designation of person(s) responsible for ensuring labeling of in-plant containers. (2) Designation of person(s) responsible for ensuring labeling on shipped containers. (3) Description of labeling system(s) used. (4) Description of written alternatives to labeling of in-plant containers, if used. (5) Procedures to review and update label informa tion when necessary. b. Material Safety Data Sheets. (1) Designation of pereon(s) responsible for obtaining/maintaining the MSDS. (2) How such sheets are to be maintained (e.g., in notebooks in the work area(s)), and how employees can obtain access to them. (3) Procedure to follow when the MSDS is not re ceived at time of the first shipment. (4) Procedure for updating the MSDS when new and significant health information is found. (5) Description of alternatives to actual data sheets in the workplace, if used. c. Training. (1) Designation of person(s) responsible for conduct ing training. (2) Format of the program to be used (audiovisuals, classroom instruction, etc.). (3) Elements of the training program -- compare to the elements required by the HCS. (See 29 CFR 1910.1200(h).) (4) Procedure to train new employees at the time of their initial assignment to work with a hazardous chemical, and to train employees when a new hazard is introduced into the workplace. (5) Guidelines on training programs prepared by the Office of Training and Education (49 FR 30290; July 27, 1934) can be used to provide general information on what constitutes a good training program. d. Does a list of the hazardous chemicals exist in each work area or at a central location? e. Are methods the employer will use to inform employ ees of the hazards of nonroutine tasks outlined? f. Are employees informed of the hazards associated with chemicals contained in unlabeled pipes in their work areas? g. Does the ptaQ include methods employers will use to inform contractors in manufacturing facilities of the haz ards to which their employees may be exposed? h. Is the written program made available to employees and their designated representatives? CITATIONS: 29 CFR l910.l200(eXlXi) of the standard shall be cited when no lists are developed or when they are incomplete. Paragraph (eXlXii) of the standard shall be used when a system does not exist to inform employees of the hazards associated with nonroutine work tasks, and with chemicals contained in unlabeled pipes. 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, D.C. 20037 VVV 000016985 CURRENT REPORT 1315 If a written hazard communication program exists but is found deficient, group the deficiency indicated in 1910.1200(eXl) with that found in 1910.1200(f), (g) or (h). "Cite 1910.1200(eXl) as an individual item only if no pro gram exists." 7. Labels and Other Forms of Warning, 29 CFR 1910.1200(f). a. Labels or other markings on each container of chemi cals must include: (1) Identity (can be any chemical or common name designation for the individual chemical or mixture, as long as the term used is also used on the list of hazardous chemicals and the MSDS); and (2) Appropriate hazard warnings. (See Appendix A for interpretation of this requirement.) b. Labels on shipped containers must also include the name and address of the chemical manufacturer, import er, or other responsible party. c. The standard allows considerable flexibility in for mat and content of labels, as long as the minimal infor mation requirements are met. d. CSHO's shall determine that containers are labeled, that the labels are legible, and that they are prominently displayed. The accuracy of the label information is to be assessed for a representative number of chemicals. e. The CSHO shall determine whether the label identity is cross-referencable with the MSDS and list of hazardouschemicals. CITATIONS: Appropriate paragraphs from 29 CFR 1910.1200(fXlXO through (fXIXiii) shall be cited when deficiencies are found relating to products that are shipped downstream. Paragraphs (fX4Xi) and (fX4Xii) of the standard will be cited when a hazardous chemical is created and used only in-house. f. Special Documentation. The following items shall be documented in addition to those required by the FOM when citations are recommended under 1910.1200(g): (1) The name of the chemical. (2) Name of person preparing the hazard determina tion, MSDS, who they work for, etc. (3) To whom the chemical is being sold; i.e., name, location of establishment; document that the chemical is sold to employers in SIC Codes 20-39 or a distributor, and the employees may be exposed, where possible. (4) Document the number of employees in the estab lishment being inspected that may be exposed (includ ing potential exposure) to the chemical. (5) Health and physical hazards of the chemical. Guidance on carcinogen labeling may be found in Ap pendix A of this instruction. 8. Material Safety Data Sheets, 29 CFR 1910.1200(g). a. Development of MSDS. Requires chemical manu facturers and importers to obtain or develop a material safety data sheet for each hazardous chemical they pro duce or import. The CSHO shall evaluate the compliance status of this provision by: (1) Examining a representative number of MSDS to determine that the MSDS have been obtained or devel oped, and that the MSDS have been prepared in accord ance with the requirements of 29 CFR 1910.1200(gX2)(5). (See pages 15-16.) -.h (2) Reviewing a representative number of MSDS tr ensure that the information regarding the health an, physical hazards is technically accurate. Copies of pub lished MSDS references have been provided to each Regional Office. This system is only one of many avail able through the Directorate of Technical Support, Technical Data Center. (a) If the CSHO is unfamiliar with the chemical for which the MSDS is being evaluated, a copy of a published MSDS for that chemical can be obtained by calling the Regional Office. The CSHO is to complete this review by following the procedures outlined in the Hazard Evaluation Procedures, Appendix C of this instruction. (b) If the Regional Office does not have information on the chemical in question, then the Regional Office shall contact the Technical Data Center. NOTE: Published MSDS reference files are copyrighted, and therefore, must NOT be copied for distribution to the public. (3) The published MSDS are to be used as a screening resource for the CSHO. The information on these MSDS has not been evaluated by OSHA to determine if it is accurate or necessary in every situation. It should be useful to help identify which areas require further research or where information is lacking on the MSDS being reviewed. Citations may be issued only when OSHA independently verifies the information. This is to be done by completing a review of the MSDS following the procedures in Appendix C of this instruction. (4) The number of MSDS and the particular MSDS selected for review will be dependent upon sever; factors, such as: (a) The number of chemicals in the workplace. (b) The severity of the hazards involved. (c) The completeness of the MSDS in general. (d) The volume of the chemicals used. b. Transmission of MSDS. 29 CFR 1910.1200(gX6) requires chemical manufacturers and importers to pro vide the appropriate MSDS to distributors and manufac turing purchasers of hazardous chemicals at the time of the initial shipment of the hazardous chemical(s) and with the first shipment of the hazardous chemical(s) after the MSDS has been updated. The MSDS must be shipped with the containers of the hazardous chemical(s) or sent prior to the time of the shipment. (1) Furthermore, 1910.1200(gX7) requires distributors to provide MSDS and any updated MSDS to other dis tributors and manufacturing purchasers of hazardous chemicals. (2) The CSHO shall ensure compliance with these provisions of the standard by reviewing the chemical manufacturer's, importer's, or distributor's program for transmitting MSDS and updated MSDS to manufac turing purchasers, and other distributors. c. Employer MSDS Files. Beginning May 25, 1986, 29 CFR 1910.1200(gXl) requires employers to have MSDS for each hazardous chemical they use. In addition, 29 CFR 1910.1200(gX8) requires employers, which includes chemi cal manufacturers and manufacturing purchasers, to maintain copies of the appropriate MSDS for each hazard ous chemical used in the workplace, and ensure that tl. MSDS are readily accessible to employees in their work areas during each work shift. 5-29-86 Occupational Safety & Health Reporter VVV 000016986 1316 OCCUPATIONAL SAFETY & HEALTH REPORTER Figure 1 GUIDE FOR REVIEWING MSDS COMPLETENESS 29 CFR 1910.1200(g) Material Safety Data Sheets (MSDS). (1) Do chemical manufacturers and importers have MSDS for each hazardous chemical produced or imported? Do employers have a MSDS for each hazardous chemical used? (2) Is each MSDS in English? Does each MSDS contain at least the following information: (i) Does each MSDS contain the identity used on the label? (A) Does each MSDS contain the chemical and com mon name(s) for single substance hazardous chemicals? (B) For mixtures tested as a whole: Does each MSDS contain the chemical and common name(s) of the ingredients which contribute to these known hazards? Does each MSDS contain the common name(s) of the mixture itself? (C) For mixtures not tested as a whole: (1) Does each MSDS contain the chemical and common name(s) of all ingredients which are health hazards (1% or greater), or in the case of carcinogens (0.1% or greater)? (2) Does each MSDS contain the chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture? <ii> Does each MSDS contain the physical and chemical characteristics of the hazardous chemical (vapor pres sure, flash point, etc.)? (iii) Does each MSDS contain the physical hazards of the hazardous chemical, including the potential for fire, ex plosion, and reactivity? (iv) Does each MSDS contain the health hazards of the hazardous chemical (including signs and symptoms, medi cal conditions aggravated)? (v) Does each MSDS contain the primary routes of entry? (vi) Does each MSDS contain the OSHA PEL? the ACGIH TLV? other exposure limit (including ceiling and other short-term limits)? / (vli) Does each MSDS contain information on carcino/ gen listings (reference OSHA regulated carcinogens, those indicated in the National Toxicology Program (NTP) an nual report and those listed by the International Agency for Research on Carcinogens (IARC). NOTE: Negative conclusions regarding carcinogen icity or the fact that there is no information do not have to be reported unless there is a specific blank for carcinogenicity on the form. ' (viii) Does each MSDS contain general applicable proce dures and precautions for safe handling and use of the chemical (hygienic practices, maintenance and spill procedures)? (ix) Does each MSDS contain generally applicable con trol (engineering controls, work practices, or personal protective equipment)? (x) Does each MSDS contain emergency and first aid procedures? (xi) Does each MSDS contain date of preparation or last change? (xii) Does each MSDS contain name, address and tele phone number or responsible party? (3) Are all sections of the MSDS completed? NOTE: This is for use as an aid on inspections. It is NOT a form. d. Citation and Referral Procedures for Employers, Where employers, including chemical manufacturers, are relying on the MSDS supplied by other chemical manufac turers or importers for their in-house MSDS programs for their employees, the following procedures apply: (1) Employers are not to be held responsible for inaccurate information on the MSDS which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer or distributor, (i.e., the sheets are completed and not obviously unaccepta ble). The CSHO shall take copies of the MSDS with inaccurate information back to the Area Office for referral to the appropriate Regional Office for further action. Before making the referral, the Area Director shall write to the supplier using the sample letter in Appendix B of this instruction. (2) If MSDS are missing or have not been received for a hazardous chemicals), the employer shall be cited for violation of 29 CFR 191Q.12QQ(g)(l) with a 30-day abate ment period. CSHO's shall recommend that the employ er write to both their supplier and the product manufac turer for the MSDS. (3) If at the end of the 30-day abatement period the employer still has failed to receive all of the requisite MSDS, the Area Director shall concurrently call and send a certified letter to the supplier or manufacturer to obtain the needed information. (See sample letter in Appendix B.) (a) Area Offices should expect to receive requests from employers to assist them in obtaining MSDS in situations where an inspection has not been conduct ed. All calls, not relating to an ongoing inspection, shall be documented on a log established for this purpose. (b) If the Area Director determines that the em ployer has tried to obtain the information, and has not been able to, a letter and telephone call to the suppli er or manufacturer is the appropriate action in this situation as well. The Area Office shall document all actions taken in the case file. (4) If the supplier or manufacturer fails to respond within a reasonable time (e.g., 30 days), a referral (OSHA-90 Form), with completed background informa tion attached to it, is to be sent through the Regional Office to the Regional Office within whose jurisdiction the supplier or manufacturer does business. (a) Where the supplier or manufacturer is in the same Region as the Area Office, the OSHA-90 Form is to be completed and sent through the Regional Office to the appropriate Area Office within that Regional jurisdiction. The Area Office shall deal di rectly with those suppliers or manufacturers located within their jurisdictions. (b) Where the supplier or manufacturer is under State plan jurisdiction in the same Region, the OSHA90 Form is to be completed and sent to the State designee with a request for a State hazard communi cation inspection. 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 VVV 000016987 CURRENT REPORT 1317 (c) Where the supplier or manufacturer is under State plan jurisdiction in a different Region, the OSHA-90 Form is to be completed and sent to the Regional Office under whose jurisdiction the State is located for forwarding to the State designee with a request for a State hazard communication inspection. (d) The Regional Office shall forward a copy of each referral and/or citations which result (obtained from the State if the referral was to a State plan) to the Directorate of Field Operations. (5) The Regional Office, within whose jurisdiction the upstream supplier or manufacturer is located, shall then ensure that an abbreviated inspection is conducted (i.e., limited to the requirements of the HCS) and take appropriate enforcement action. The findings and the MSDS obtained shall be sent to the referring office. (6) The Regional Administrator shall coordinate with State designees to ensure that referrals from State plans are handled in a similar manner with the follow* ing taken into account: (a) If the supplier or manufacturer fails to respond to a state plan MSDS request, the State shall submit to the Regional Administrator a referral form (OSHA-90) with complete background information attached to it (including a copy of the State's right-toknow law and/or hazard communication standard) to be forwarded to the Regional Office under whose jurisdiction (Federal or State) the supplier or manu facturer does business. Note: OSHA will respond to referrals from State plans for the purpose of obtaining an MSDS from a supplier or manufacturer who has not provided an MSDS to an employer in the referring State, but will not act on a referral from a State if it is for tbe purpose of obtaining an MSDS for inclusion in a State maintained MSDS file/repository. (b) The Region receiving a State plan MSDS refer ral shall ensure that a hazard communication inspec tion is conducted if the supplier or manufacturer is under Federal jurisdiction, or if under State plan jurisdiction, forward the referral to the State desig nee with a request for a State hazard communication inspection. (c) In situations where a State plan referral is for a supplier or manufacturer who has not provided an MSDS or provided an inaccurate MSDS to a customer outside of the manufacturing SIC codes (i.e., SIC 20-39), in violation of the referring State's expanded scope, law and/or standard, and the inspecting office finds the supplier or manufacturer to be other-wise in compliance with the Federal or inspecting State's requirements, technical assistance shall be given by providing copies of the referring State's requirements and advising the supplier or manufacturer of the responsibility to provide accurate MSDS to customers in that State outside of the manufacturing sector. (d) The inspecting office shall report its findings and submit any MSDS obtained to the Regional Ad ministrator for forwarding to the referring State plan. e. Citation and Referral Procedures for Distribu tors. Where the CSHO determines that a distributor is not transmitting the MSDS the following procedures apply: (1) The distributor shall be cited for violation of paragraph (gX7), with immediate abatement, unless the distributor did not receive the MSDS from the chemical manufacturer, importer, or distributor. In such cases the abatement period will be 30 days. (2) When a distributor has not received a MSDS from the supplier, the CSHO shall recommend that the dis tributor write to the chemical manufacturer, and if applicable, other distributor which supplied the chemi cal. If at the end of the 30-day abatement period, the distributor has failed to receive the MSDS, the Area Director shall follow the referral procedures outlined in J.7.d.(3) through J.7.d.(6). (3) Abatement shall include transmitting MSDS to all manufacturing employers of the distributor receiving the chemical(s) retroactive to November 25, 1985. f. Distributor MSDS. In cases where a distributor substitutes their name for that of the chemical manufac turer and those MSDS are inaccurate or incomplete, cita tions shall not be issued to the distributor. The following procedures shall be relied upon: (1) The Area Director shall write to the chemical manufacturer utilizing the sample letter provided in Appendix B of this instruction. (2) Where the chemical manufacturer fails to respond within the time period specified in the letter, a referral shall be made according to the procedures outlined under J.7.d.(4) through J.7.d.(6) of this instruction. g. Specific Documentation. The following items shall be documented in addition to those required by the FOM when citations are recommended under 29 CFR 1910.1200(g): (1) The name of the chemical. (2) Name of the person preparing the hazard determi nation, MSDS, who they work for, etc. (3) To whom the chemical is being sold; i.e., name, location of establishment; document that the chemical is sold to employers in SIC Codes 20-39 or a distributor, and that the employees may be exposed, where possible. (4) Document the number of employees in the estab lishment being inspected that may be exposed (includ ing potential exposure) to the chemical. (5) Health and physical hazards of the chemical. (6) Copies of inaccurate and or incomplete MSDS shall be included in the case file. h. Compliance Assistance. If the Area or Regional Office encounters any difficulty in following this proce dure at any point in the process, the Directorate of Field Operations shall be consulted for assistance. 9. Employee Information and Training, 29 CFR 1910.1200(h). a. Tbe training requirements of the HCS will generally complement rather than satisfy the existing training re quirements contained within other OSHA standards (i.e., expanded health standards, construction requirements, etc.). CSHO's shall continue to ensure that employer's obligations under specific training standards are met. b. Training programs must be evaluated through pro gram review and discussion with management and em ployees. The following questions provide a general outline of topics to be reviewed: (1) Employee training: (a) Has a training and information program been established for employees exposed to hazardous chemicals? 5-29-86 Occupational Safety & Health Reporter 001^88 1318 OCCUPATIONAL SAFETY & HEALTH REPORTER (b) Is this training provided at the time of initial assignment and whenever a new hazard is introduced into work areas? (c) Have all new employees at this location re ceived training equivalent to the required initial as signment training? (2) Information transmitted to employees: (a) Have employees been informed of the require ments of this standard? 2 That employers are required to have hazard communication programs, and 3 Details of the existing components of the pro gram in their workplace? (b) Are employees informed of: 1 Any operations in their work area where hazard ous chemicals are present? 2 Where the written materials required under the standard are kept, including the written hazard eval uation procedures, written hazard communication programs, Lists of hazardous chemicals, and MSDS required by this section? (3) Required training methods and observations to detect the presence of a hazardous chemical in the work area: (a) Are employees familiar with the visual appear ance, smell, and alarms from monitoring devices that will result when chemicals are released in the workplace? (b) Have employees been trained specifically about the hazards of the chemicals in their work areas? (c) Was training subject matter organized by: 1 Specific chemical, 2 By categories of hazard, and 3 By work area? (d) Are employees aware that information is avail able on specific hazards of individual chemicals through the MSDS? (e) Does training include the measures employees can take to protect themselves from the hazards? (f) Does training indicate the specific procedures implemented by the employer to provide protection, such as work practices and proper use of personal protective equipment? (g) Does the program explain the hazard communi cation program implemented in the workplace, including: 1 How to read and interpret information on labels and MSDS, 2 How employees can obtain and use the available hazard information? (4) Interviews will provide general information to the CSHO regarding the training program. Obviously, it cannot be expected that employees will totally recall all information and be able to repeat it However, if the CSHO detects a trend in employee responses that indi cates training is not being conducted, or is conducted in a cursory fashion that does not meet the intent of the standard, a closer review of the written program and its implementation may be necessary. The purpose of the standard is to reduce chemical source illnesses and Injuries through behavior modification resulting from acquisition of hazard information. This can occur only if employees receive the information in usable form through appropriate training. (5) Some employers will voluntarily keep records of training sessions. These could be helpful to CSHO's in assessing compliance with the standard. (6) Citations shall be issued under 29 CFR 1910.1200(h) when training is not provided. 10. Trade Secrets. 29 CFR 19l0.l200(i). Only specific chemical identities may be withheld under the HCS trade secret provisions. Even when a chemical's identity is right fully withheld as a trade secret, its release may be required by the trade secret access provisions in 1910.1200(i). a. OSHA CSHO's evaluating the MSDS and hazard deter mination programs may request disclosure of trade secret identities under paragraph (iX12) of the HCS. b. OSHA shall take all steps feasible to protect trade secret identities, including secure filing and return of information when its use is complete. 11. Response to Medical Emergencies. The HCS per mits a treating physician or nurse to designate the existence of a medical emergency requiring the immediate disclosure of trade secrets (29 CFR 1910.1200(1X2)). Complaints re ceived from health professionals relating to a medical emer gency shall be classified as nonformal in accordance with the FOM. Due to the potential risk to life and/or health, the Area Director shall ensure that these complaints are pro cessed as soon as received. The following procedures shall `apply: a. The Area Director (local office) or his/her designee shall contact the manufacturer of the chemical by tele phone. Telephone numbers are required on the MSDS. The manufacturer shall be advised of the standard's require ments and to provide immediately the needed information directly to the treating physician or nurse. b. Failure to disclose the information shall result in the issuance of a willful citation. The chemical manufacturer will frequently be located under a different Area Office jurisdiction. Apparent violations shall be referred to the office of jurisdiction for investigation and the issuance of citations. c. Concurrently, the Area Director of jurisdiction shall coordinate obtaining an administrative subpoena ordering the immediate disclosure of the needed information. Fed eral Court Orders shall be sought immediately if the administrative subpoena is not effective in obtaining the information. 12. Response to Nonemergency Referrals. When a health professional providing medical or other occupational health services to exposed employees; an employee; or a designated representative is denied access to trade secret information, the matter may be referred to OSHA for en forcement proceedings. a. As stipulated in the standard, OSHA should receive from the referring health professional, employee or desig nated representative a copy of the written request for the trade secret information, as well as a copy of the written denial provided by the holder of the trade secret. These two written documents shall be reviewed by the Area Director to determine the validity of the request and the trade secret claim. The Regional Solicitor will provide assistance in this regard. b. If the Area Director does not believe that there is enough information upon which to base a decision, he/she may contact either the trade secret requestor or the trade 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington. D.C. 20037 VVV 000016989 CURRENT REPORT 1319 secret holder for further information. Such requests shall be documented in the case file. K. Classification and Grouping of Violations. If devi ations appear appropriate, they shall be coordinated with the Directorate of Field Operations, Office of Health Com pliance Assistance, through the Regional Office. The follow ing guidelines shall generally be applied: M. Evaluation. In keeping with agency policy, an evalua tion of the effectiveness of this instruction shall be conduct ed annually. An evaluation report from each Region shall be written and submitted to the Directorate of Field Operations within 30 days of the close of the fiscal year. Elements to be considered in the evaluation are the following: 1. Observed improvements in labels and MSDS. 1. Violations generally shall be grouped and classified in accordance with Chapters IV and V of the FOM unless specific guidance has been given as in J.4., K. 3 and K. 4. of this instruction. 2. The CSHO also shall determine if a willful violation can be substantiated when an employer has no hazard communi cation program at all. As stated previously, a willful citation shall be issued when an employer refuses to provide specific chemical identity information in a medical emergency (29 CFR 1910.120Q(iX2)). 3. Violations of 29 CFR 1910.12000X2) shall not be grouped. All other violations shall be grouped according to the guidelines set forth in the FOM, Chapter V, C. 2. Assessment of employee information and training re quirements under the HCS. 3. Assessment of the accuracy and correctness of the employer's hazard determination procedure. John B. Miles, Jr., Director Directorate of Field Operations DISTRIBUTION:National, Regional and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors 7(cXl) Project Managers 4. Serious violations shall be issued whenever a deficiency on a MSDS, label or in any other element of the HCS could result, or contribute to a potential exposure capable of producing serious physical harm or death. L. Interface With Other Standards. The HCS was de signed to prevent duplication with other OSHA standards. In some cases an employer's duties under other OSHA standards can be interfaced with requirements of the resulting in simplified compliance. 1. Medical Records Access. The Access to Employee Exposure and Medical Records standard (29 CFR 1910.20) and the HCS do overlap with regard to MSDS. In the absence of air sampling data and other exposure information, MSDS are specifically identified as exposure records under 29 CFR 1910.20(cX5Xiii). Each MSDS received by an employer must be maintained for at least 30 years as required at 1910.20(dXlXii)- The access standard does offer an alterna tive to keeping MSDS at 1910.20(dXlXiiX&)> which reads as follows: Material safety data sheets and paragraph (cX5Xiv) re cords concerning the identity of a substance or agent need not be retained for any specific period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years. a. 1910.1200(eXlXO f the HCS requires that employers maintain a list of hazardous chemicals as part of the written hazard communication. b. Employers might simplify their responsibilities as they relate to the overlap between these two standards, by incorporating the requirements under 1910.1200(dXlXiiXB) with those for 1910.l200(eXlXO- That is, the list of hazardous chemicals could include informa tion on where chemicals were used and for how long. These lists would then have to be kept for at least 30 years. 2. Ethylene Oxide. The ethylene oxide (ETO) standard provides a different labeling requirement than the HCS. Labels do not have to be affixed to containers of ETO, unless the product is capable of producing employee exposure at or above the action level of 0.5 ppm as an 8-hour time weighted average (29 CFR 1910.1047{jXlXii)). 3. Other Health Standards. Paragraph (fX3) of the HCS defers labeling requirements to the specific standard when one exists. Appendix A Clarifications and Interpretations of the Hazard Communication Standard (HCS). This appendix includes clarifications and interpretations which respond to the most frequently asked questions and points of common misunderstanding. Where possible, ciarifications are keyed to the most applicable section of the HCS. In many cases a clarification applies to an entire section of the standard, (these are included after each section). Purpose <*X2) The Agency's position regarding State standards has been described in OSHA Instruction STP 2-1.117, dated August, 31, 1984. This should be consulted when answering questions regarding such State standards. Basically, OSHA'S position is that State standards can be enforced only under the auspices of an OSHA-approved State plan. States without State plans are preempted from ad dressing the issue of Hazard Communication within manu facturing. Community right-to-know standards are outside the jurisdiction of OSHA and are not affected by this posi tion. Preemption is a complicated issue. It is suggested that inquiries regarding preemption that require in-depth knowl edge be referred through the Directorate of Field Oper ations to the Office of State Programs for response. Scope and Application 0Ki) The HCS has a unique requirement for downstream disclo sure of information from chemical manufacturers and im porters to manufacturing purchasers of their products. This downstream flow of information is essential to the complete implementation of the standard, but does create enforce ment situations that have not been encountered with pre vious standards. CSHO familiarity with the procedures es tablished in this instruction to address such situations is essential to the implementation of the HCS. Most of the HCS requirements are limited to employers in Standard Industrial Classification (SIC) Codes 20-39. SIC 5-29-66 Occupational Safety & Health Reporter VVV 0000X6990 1320 OCCUPATIONAL SAFETY & HEALTH REPORTER codes are generally assigned to a workplace based on its primary activity. However, some workplaces not classified in SIC codes 20-39 may have captive operations that are manufacturing in nature. The Standard Industrial Classification Manual of 1972 provides for the application of additional SIC codes. Essen tially, subunits should be identified whenever the manufac turing activity in question would not normally be carried out under the primary SIC code. Where secondary manufactur ing operations are identified, according to these guidelines only those operations shall be included in the HCS evaluation. For example, a chemical wholesaler classified under SIC Codes 5161 or 5171 would not manufacture chemicals but rather only wholesale them. In the event such an employer decides to begin a chemical processing operation then, since processing is not included under SIC codes 5161 and 5171, it would be appropriate to apply additional manufacturing SIC codes for the new activities. Compliance officers shall use these guidelines in deciding whether or not elements of the HCS are applicable to specific operations contained within nonmanufacturing in dustries when encountered. M2) The phrase "known to be present" is essential to under standing the scope of the standard. No testing or analysis of a mixture has to be done to comply with the s<' ndard, but if a hazardous chemical is known to be present (e.g., nitrosamines are a known byproduct of the process), then it is covered by the standard. This paragraph also sets specific limits regarding the conditions under which chemicals are covered by the stand ard. The terminology "exposed under normal conditions of use or in a foreseeable emergency" provides a basis for excluding products or chemicals that meet this condition. Compliance officers should consult the definitions for "expo sure" for further clarification. M3) The coverage of laboratories in manufacturing facilities is limited under the standard. Although the standard does not specifically define the term "laboratory", it is intended to include research facilities, as well as quality control laboratory operations located within manufacturing facili ties. Laboratories do not have to have a written hazard communication program. Therefore, when the required training is performed, the part that deals with the program availability will simply point out that such written pro grams are not required for laboratories. Employees must still be trained relative to the hazards of chemicals in the laboratory whether or not MSDS are available. Some manufacturers of chemical specialty products have tried to interpret the laboratory provisions as exempting them from coverage. These operations are considered to be manufacturing processes, and are not exempted. Further more, a pilot plant operation is also considered to be a manufacturing operation -- not a research laboratory operation. Samples that are shipped out of manufacturing facility laboratories must be labeled if they are hazardous chemi cals. If the samples are shipped to another manufacturer, then a data sheet must be provided as well. Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, and thus the sample would come under the portable container exemption. A hand-written label may be utilized as long as required label information is present. The rack in which samples are placed could be labeled in lieu of labeling individual sam ples, if the contents and hazards are similar. M4) These labeling exemptions apply to labels required on shipped containers -- the chemicals are NOT exempted from coverage by the standard in other respects. In particu lar, it should be noted that there is no blanket exemption for consumer products under the standard -- it only exempts such products from labels on shipped containers. The transmission of MSDS is required whenever a hazard ous chemical is destined for an employer in SIC Codes 20-39. A common sense approach must be employed whenever a product is used in a manner similar to which it could be used by a consumer, thus resulting in levels of exposure compara ble to consumer exposure. The frequency and duration of use should be considered. For example, it may not be necessary to have a data sheet for a can of cleanser used to clean the sink in an employee rest room. However, if such cleanser is used in large quantities to clean process equip ment, it should be addressed in the Hazard Communication Program. Manufacturers who purchase such products from retail stores which do not have data sheets on file must seek to obtain one from the chemical manufacturer or importer as required under paragraph (gX6). M5) Hazardous waste is completely exempted from the stand ard when subject to EPA regulations. If the waste is not regulated by EPA, then the requirements of the standard apply (e.g., containers of hazardous materials would have to be labeled). The "article" exemption poses many questions. The key to the definition of "article", and thus the exemption, is the term "under normal conditions of use." For example, an item may meet the definition of "article", but produces a hazardous byproduct if burned. If burning is not considered as part of its normal conditions of use, the item would be an "article" under the standard, and thus exempted. The fol lowing items are examples of articles: Stainless steel table Vinyl upholstery Tires The following items are examples of products which would NOT be considered "articles" under the standard, and would thus not be exempted from the requirements: Metal ingots that will be melted under normal condi tions of use. Fabric treated with formaldehyde where downstream garment manufacturing employees will be exposed when making clothing. Switches with mercury in them when a certain percent age break under normal conditions of use. It should be noted that the only information that has to be reported in these situations is that which concerns the hazard of the release. The hazardous chemicals which are still bound in the article would still be exempted under the "article" exemption. 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 VVV 000016991 CURRENT REPORT 1321 Accordingly, a toxic powder that is mixed in a low volatility nonhazardous liquid would be considered an "arti cle'' as long as no exposure is anticipated based on its expected use. Definitions. (c) The definitions of the HCS must be heavily relied upon to properly interpret and apply the standard. In many cases terms within a definition are themselves defined within the same section. Chemical Manufacturer. This definition considerably broadens the common understanding of the term. As indicat ed in under paragraph (c), several key words within this definition are also defined. The terms "produced" or "pro duce" and "use" must be reviewed. Based on this definition and that of its related terms an employer that processes, formulates, repackages, handles, reacts or transfers a hazardous chemical is considered a "Chemical Manufacturer". Container. This definition does include tank trucks, rail cars and the like. Distributor. The definition is not tied to SIC Codes, and most distributors will be classified in industries other than manufacturing. Manufacturers need only provide data sheets to distributors that sell to manufacturing purchasers. Employee. The clarification concerning consumer pro ducts given in (bX4) of this appendix, in part evolves from the definition of this term. Identity. This definition allows common names to be used on labels for individual components or for the mixture as a whole. (See definitions for common name.) Mixture. This definition does not apply if there is a chemical reaction, and a new product results. Hazard Determination. (dXl) The HCS causes a downstream flow of information from the chemical manufacturer, importer and distributor of products containing hazardous chemicals. Although the chemical manufacturer and the importer have the primary duty for evaluation, it is expected that some employers will choose to do their own evaluations. Whoever does the evaluation is responsible for the accuracy of the information. In some cases an employer may have a need to begin using a product before receiving an MSDS and or proper label. In these cases the manufacturing user would be in violation for not having an MSDS for the product under paragraph (gXl) of the HCS. The user may opt to generate their own MSDS. In other words employers must have proper MSDS and label before using chemicals. An employer is considered a "chemical manufacturer" if chemicals are produced within a process and employees are potentially exposed to them. An employer in SIC 20-39 is thus required to evaluate the hazards of such chemicals. For example, the evaluation of a byproduct when two chemicals are reacted. <dX2> See Appendix C of this instruction for further guidance on evaluating health effects. No testing of chemicals to deter mine hazards is ever required; the evaluation is to be based on currently available information. 0X3) Any compound of a substance for which there is an OSHA PEL or TLV in the latest edition of the American Confer ence of Governmental Industrial Hygienists, Threshold Lim it Value listing is considered to be part of the floor of hazardous chemicals covered by the standard. "Nuisance dust" is part of the floor since it is regulated by 29 CFR 1910.1000 and appears in the TLV list. The Ameri can Conference of Governmental Industrial Hygienists (ACGIH) includes an appendix in its TLV publication that lists examples of nuisance dust. All substances listed in Appendix D of the TLV list must be evaluated using the same proce dures for hazard determination that are used for all other chemicals. In situations where a valid determination con cludes that a chemical listed in Appendix D presents no potential hazards to exposed employees other than its being a nuisance, OSHA will consider the lack of labels and MSDS to have no direct or immediate relationship to safety and health and will classify such violations as "de minimis." 0X4) On December 20, 1995, OSHA published an interpretive notice in the Federal Register regarding the carcinogen icity of lubricating oils (50 FR 51852). The notice was published in response to a number of inquiries which were received regarding the applicability of the HCS require ments to naphthenic lubricating oils which are refined using a hydrotreatment process. These types of oils may be found in a number of industrial operations, including ink manufac ture and the production of synthetic rubber. Positive findings of carcinogenicity by the International Agency for Research on Cancer (IARC) must be reported under the HCS. IARC Monograph 33 addresses the carcino genicity of mineral oils, and relates the findings to the type of processing the oils have undergone. The IARC Monograph concludes that there is sufficient evidence to indicate that mildly hydrotreated and mildly solvent refined oils are carcinogenic. Therefore, under the requirements of the HCS, producers of such materials will have to report such find ings on the MSDS for the substance, and include appropriate hazard warnings on labels. IARC also stated that there is inadequate evidence to conclude that severely hydrotreated oils are carcinogenic, and that there is no evidence to indicate that severely solvent refined oils are carcinogenic. In the absence of any valid, positive evidence from sources other than IARC regarding the carcinogenicity of severely hydrotreated or severely solvent refined oils, no reference to carcinogenicity need be included on the MSDS and labels for _ such materials. IARC has also concluded that when an oil is refined using sequential processing of mild hydrotreatment * and mild solvent refining, there is no evidence of carcinogenicity. The questions posed to OSHA concerned the process pa rameters used for mild hydrotreatment. OSHA examined the studies upon which the IARC based its positive findings of carcinogenicity to determine the process parameters used to refine the oils studied. These parameters are to be used by CSHO's in evaluating whether such materials require Information regarding potential carcinogenicity on MSDS and labels. Any oil will be considered to be mildly hydro treated if the hydrotreatment process was conducted using pressures of 800 pounds per square inch or less, at tempera tures of 800 degrees Fahrenheit or less, independent of other 5-29-86 Occupational Safety & Health Reporter VVV 000016992 1322 OCCUPATIONAL SAFETY & HEALTH REPORTER process parameters. It may be necessary for the CSHO to contact the manufacturer of the oil to determine the hydro treatment process parameters in order to evaluate compliance. It should also be noted that negative evidence generated Chemical manufacturers choosing to attach labels or label information should communicate the location of the infor mation prior to shipment. Manufacturing users must ensure that their employees are aware of the label warning before potential exposure to incoming chemicals occur. by a producer does not negate the positive IARC finding. Negative evidence cannot be used to dispute positive find ings relating to any substance. If the oil is being produced within the specified parameters, it must be considered to be potentially carcinogenic under the requirements of the HCS. The producer is free to report any negative findings as well, but there is a positive duty to report IARC's conclusions. At such time as evidence becomes available concerning the potential carcinogenicity of oils processed outside these established parameters, OSHA will revise its interpretation It will not necessarily be "appropriate" to warn on the label about every hazard listed in the MSDS. The data sheet is to address essentially everything that is known about the chemical -- determination of the hazards to be highlighted on the label will involve some assessment of the weight of the evidence regarding each hazard reported on the data sheet. However, this does not mean that only acute hazards are to be covered on the label, or that well-substantiated hazards can be Left off the label because they appear on the data sheet. accordingly. The "hazard warning" must convey the hazard of the The notice includes considerable additional information chemical. This is intended to be specific information regard concerning the background and rationale for this interpreta ing the hazard -- the specific hazards indicated in the tion, and CSHO's encountering this type of oil should read it standard's definitions for "physical" and "health" hazards prior to evaluating the MSDS and labels to determine com would be appropriate. Phrases such as "caution", "danger", pliance. Any questions concerning the applicability of this or "harmful if inhaled", generally do not meet the intent of interpretation should be referred through the Region to the the standard by themselves. The definition of "hazard warn Directorate of Field Operations, Office of Health Compli ing" states that the warning must convey the hazard of the ance Assistance. chemical. If, when inhaled, the chemical causes lung dam age, then that is the appropriate warning. Lung damage is (dX5) the hazard, not inhalation. There are some situations where While the HCS does not require testing of chemicals to the specific target organ effect is not known. Where this is determine their hazards, some employers are apparently^^S^^1 c^e'J more 8*>eral warning^ statement would be considering testing mixtures as a whole so as not to have to permitted. For example, if the only information available is list hazardous ingredients on the MSDS. Should employers an Lc50 test result, "harmful if inhaled" may be choose to pursue this option, a full range of tests would have appropriate. to be performed, including tests to determine health hazards There are some labeling systems used in the workplace (acute and chronic) and physical hazards. that communicate degree of severity of the hazard by means <dX6> of a numerical rating system. These systems are acceptable only when additional warnings indicating the effects of Employers, who are not planning to evaluate the hazards exposure are added to the label. of chemicals they purchase, can satisfy the requirement for written hazard evaluation procedures by stating that they Intend to rely on the evaluations of the chemical manufacturer/importer. Downstream employers/employees do not have access to the written procedures maintained by the chemical manu facturer/importer. If there appears to be a problem with the information received, and it cannot be resolved with the supplier of the product, the matter should be referred to OSHA for investigation. OSHA does have access to the written procedures. Written Hazard Communication Program. <fX4> As of May 25, 1986, all containers in the workplace are to be labeled in accordance with the provisions of the standard. The 2 1/2 year phase-in period for this requirement should allow turnover of most chemical supplies. The employer is responsible for ensuring that all containers in the plant are labeled by that date. Carcinogen Labeling. Chemicals listed in any of the following three references as carcinogens will be considered to be carcinogens for the purpose of the Hazard Communication Standard: (eXD 1. National Toxicology Program (NTP) Annual Report on carcinogens (latest edition). Employers are responsible for protecting their employees from all hazardous chemicals known to be present, including those brought on-site by contractors. To ensure such chemi cals are addressed, it is recommended that provisions to obtain information regarding them be included in the em ployer's contracting arrangements. 2. International Agency for Research on Cancer (IARC) monographs. 3. 29 CFR 1910, Subpart Z, Toxic and Hazardous Sub stances, Occupational Safety and Health Administration. In addition, the existence of one valid, positive study indicating carcinogenic potential is sufficient basis for a Labels and Other Forms of Warning. m) notation on the MSDS. Further, if such studies include positive human evidence then the label must contain hazard warnings (on carcinogenicity). Whe-'-' the shipping container is a tank truck, rail car, or the li.` the appropriate label or label information may eithe> oe posted on the tank or vehicle, or attached to the accomr anying shipping papers. In general, those chemicals identified as being "known to be carcinogenic" and those substances that may "reasonably be anticipated to be carcinogenic" by NTP must have carcinogen warnings on the label and information on the MSDS. 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 VVV 000016993 CURRENT REPORT 1323 Those chemicals regulated by OSHA as carcinogens in substance-specific standards are listed below: The specific regulations in Subpart Z of 1910 on these individual chemicals contain provisions for labeling. There fore, containers of hazardous chemicals labeled in accord ance with the substance specific standard will be deemed to be in compliance with the labeling requirements of the Hazard Communication Standard. It should be noted that in many instances the labeling requirements of the substance specific standard address only carcinogenicity and do not address acute health haz ards or physical hazards. Asbestos 4 -- Nitrobiphenyl Alpha -- Naphtylamine Methyl Chloromethyl Ether 3,3' Dichlorobenzidine (and its salts) Bis -- Chloromethyl Ether Beta -- Naphthylamine Benzidine 4 -- Aminodiphenyl Ethyleneimine Beta -- Propiolactone 2 -- Acetylaminofluorene N -- Nitrosodimethylamine Vinyl Chloride (and Polyvinyl Chloride) 1|g Inorganic Arsenic 1,2 Dibromo -- 3 -- Chloropropane Category 2B -- Cases where there are inadequate data in humans but there is sufficient evidence in animals. Category 3 -- This group of chemicals could not be classified as to its carcinogenicity to humans. It should be noted that in some cases the results of short term tests were considered by IARC and thus a Category 3 was transferred to Category 2B, or Category 2B to 2A. Those chemicals listed in Appendix 2 of Supplement 4 in nonitalic will be considered by OSHA to correspond to Category 2B carcinogens. All IARC listed chemicals in Categories 1, 2A, and 2B must result in appropriate entries on the MSDS. Generally, the container labels must have an appropriate carcinogen warning. Individual monographs have been published subsequent to Supplement 4. For the purpose of compliance with the MSDS and labeling requirements, the IARC summary evaluation for the chemical must be relied upon. A separate document on IARC and NTP carcinogens is being considered. When published, this document may be relied upon to properly determine a chemical's classifica tion under IARC. Table 1 summarizes the MSDS and labeling requirements for carcinogens to be used as general guidance. Deviations may be appropriate where recent authoritative evidence is available disputing past studies. Such departures should be reviewed by the Regional Administrator and coordinated *with the Director of Field Operations. Material Safety Data Sheets. Acrylonitrile Ethylene Oxide IARC evaluates chemicals, manufacturing processes, and occupational exposures as to their carcinogenic potential. The IARC criteria for judging the adequacy of available data and for evaluating carcinogenic risk to humans were established in 1971 (covering Volumes 1-16). The criteria were later revised in 1977. The revised criteria covers Volumes 17 and later. The individual monographs contain evaluations on specif ic chemicals or processes. At the conclusion of each evalua tion IARC provides a summary evaluation for the individual chemical. Periodically IARC publishes Supplements in which chemicals that have already been evaluated in pre vious monographs are reevaluated. In cases where a chemi cal has been reevaluated, the most recent IARC evaluation shall be relied upon. IARC provides a summary in Supplement 4 of the Chemi cals which have been evaluated in Volumes 1-29. Table I of Supplement 4 provides a summary evaluation of all chemi cals for which there were some human and animal data considered. Appendix 2 of Supplement 4 provides a listing of chemicals for which there is sufficient evidence of carcino genicity in animals. The nonitalicized chemicals in Appendix 2 are the chemicals for which there was only animal data. In Table I IARC provides a summary classification of a chemical's carcinogenic risk: Category 1 -- There is sufficient evidence to support a casual association between the exposure and cancer. Category 2 -- Includes exposures which are probably carcinogenic to humans. There are two subdivisions. Category 2A -- Usually reserved for exposures for which there was at least limited evidence of carcinogenicity to humans. (gXl) Chemical manufacturers/importers who choose to pur chase data sheets from information services, rather than developing them, still retain responsibility for provision of the sheets and for their accuracy. For mixtures, if the employer is assuming the mixture has the same hazard as its hazardous components (i.e., no test data on the mixture as a whole), the data sheets for the components will satisfy the requirements of the standard for a data sheet for the mixture. These MSDS must be physical ly attached to one another and identified in a manner where they can be cross-referenced with the label. The OSHA Form 20 will be phased out as of May 1986. The Form 20 is similar to the requirements of the HCS for the MSDS, but not identical. Simply following the titles of the blocks on the Form 20 will not result in an appropriate sheet, but it could be modified to comply. Any format is acceptable, as long as the required information is included. Computerized data sheets are permitted as long as they are readily accessible to employees. Many larger firms are planning to install terminals in-plant, and to train key employees to access them. This is acceptable, as long as the information can be obtained during any workshift, as re quired by the HCS. OSHA has published a new MSDS, form number OSHA-174. This is an optional form which may be used to comply with the HCS. Compliance Officers shall make em ployers aware that the form is available. Maritime employers fall into three general categories: Ship Building and Repairing (SIC 3731), Boat Building and Repairing (SIC 3732) and Shipbreaking (SIC 4469). Shipbuild ing and repair activities fall under the coverage of the HCS. OSHA plans to begin rulemaking to expand the scope of the HCS to include shipbreaking. In the interim, employers in S-29-86 Occupational Safety & Health Reporter VVV 000016994 1324 OCCUPATIONAL SAFETY & HEALTH REPORTER the shipbreaking industry may continue to use the OSHA-20 or may follow the MSDS requirements for the HCS (29 CFR 1910.1200(g)). TABLE 1 REQUIREMENTS FOR MSDS AND LABEL NOTATIONS FOR CARCINOGENS Source MSDS Label Listed on NTP Carcinogen IARC -- Group 1A IARC -- Group IB IARC -- Group 2A IARC -- Group 2B IARC -- Group 3 One Positive Study- Animal Only One Positive Study- Some Human Evidence X X X X X Not Required X X X X Not Required Not Required Not Required (gX2) If a hazardous chemical is present in the mixture in reportable quantities (i.e., 0.1% for carcinogens, and 1% for other health hazards), it must be reported unless the mixture has been tested as a whole. This would include chemicals which are hazardous only when airborne (such as silica), when they are in a wet mixture. The employer is free to indicate that exposure potential is limited because of the physical form of the mixture, but the "right-to-know" that the chemical is present is not obviated by the physical state of the mixture. If there really is no exposure (and the standard defines exposure as including potential as well as measurable exposure), either under normal conditions of use or in a foreseeable emergency, then the chemical is not covered by the standard. (See paragraph (bX2).) In the case of liquid mixtures, this provision has to be considered very carefully. Using the silica example, it is possible that, if the mixture dries upon application, there is a potential for the silica to become airborne, and thus a potential for exposure. The presence of silica must be indicated on the MSDS for the liquid mixture in this situation. Employee Information and Tratninp. (h) Employees are to be trained at the time they are assigned to work with a hazardous chemical. The point of this provi sion in the standard is to have information prior to exposure to prevent the occurrence of adverse health effects. This purpose cannot be met if training is delayed until a later date. Retraining is to be done when a new hazard is introduced into the work area, not a new chemical. For example, if a new solvent is brought into the workplace, and it has haz ards similar to existing chemicals for which training has already been done, then no new training is required. Of course, the substance-specific data sheet must be available, and the product must be properly labeled. However, if the solvent is a suspect carcinogen, and there has never been a carcinogenic hazard in the workplace before, then new training on the carcinogenic hazard must be done in the work areas where employees will be exposed to it. Giving an employee a data sheet to read does not satisfy the intent of the standard with regard to training. The training (as described in the preamble to the HCS) is to be a forum for explaining to employees not only the hazards of the chemicals in their work area, but also how to use the information generated in the Hazard Communication Pro gram. This can be accomplished in many ways (audiovi suals, classroom instruction, interactive video), and ideally should include an opportunity for employees to ask questions to ensure that they understand the information presented to them. Trade Secrets. <iX2) The designation of an incident as a "medical emergency" is left to the discretion of the treating physician or nurse. Appendix B Sample Letter, MSDS Query Dear (Name or Position of Responsible Employer Representative): Representatives of the Occupational Safety and Health Administration (OSHA)/or State plan designated agency re cently visited/or corresponded with (company name), which purchases the following cbemical(s) from your company: (List chemicals, products) OPTION l: At the time of the visit, (company name) did not have Material Safety Data Sheets (MSDS) for these products. OPTION 2: At the time of the visit, Material Safety Data Sheets (MSDS) supplied by your company were found to be deficient. (Describe the specific deficiencies.) OPTION 3: (Company name) distributes your products under their name and by doing so has passed along information that appears to be defi cient. (Describe the specific deficiencies.) You are required under OSHA's Hazard Communication Standard (29 CFR 1910.1200) or your States right-to-know law to perform hazard determinations, label containers, and provide the MSDS for all hazardous chemicals which you produce or import. A copy of the standard is provided for your reference. Please immediately send properly complet ed material safety data sheets for the chemicals listed above to your customer. If you are a distributor that has simply replaced the product manufacturer's name with your own, then you must provide us with the name and address of the chemical manufacturer. This information is needed so we may corre spond with them to correct deficiencies. Thank you for your assistance. If you have any questions regarding this matter, please feel free to contact me at (insert telephone number). "Ltor VVV 00001699S Appendix C Hazard Evaluation Procedures The hazard evaluation procedures required by the stand ard are, of necessity, performance-oriented. There is no 5-29-B6 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, O.C. 20037 CURRENT REPORT 1325 generally accepted process agreed upon by the scientific community. Basically, OSHA's concern is that the informa tion on labels and data sheets, and in the training program, is adequate and accurate. Whether that is accomplished by reviewing 2 studies or SO studies is irrelevant. Although specific procedures to follow cannot be estab lished, general guidance can be provided. The hazard evalu ation process can be characterized as a "tiered" approach -- the extent to which a chemical must be evaluated depends to a large degree upon the common knowledge regarding the chemical, whether its health effects are under review, and how prevalent it is in the workplace. 1. The first step for CSHO's evaluating chemicals is to determine whether the chemical is part of the "floor" of chemicals to be considered hazardous in all situations. a. Any substance for which OSHA has a permissible exposure limit (PEL) in 1910.1000, or a substance-specific standard in Subpart Z, is to be included in the hazard Communication Program. This floor includes any com pound of such substances where we would sample to determine compliance with the PEL. b. Any substance for which the American Conference of Governmental Industrial Hygienists (ACGIH) has a Threshold Limit Value (TLV) in the latest edition of their annual list is to be included in the Hazard Communication Program. Any compound of these substances would also be Included. c. Any suustance which the National Toxicology Pro gram (NTP) or the International Agency for Research on Cancer (IARC) has found to be a suspect or confirmed carcinogen, or which OSHA regulates as a carcinogen is to be included in the Hazard Communication Program. For NTP, appearing on the annual listing constitutes a posi tive finding of suspect or confirmed carcinogenicity. For IARC, it is necessary to look at the actual evaluations to determine their findings. In some cases, for example, a group of compounds will be listed by IARC in a summary as being carcinogenic, but closer examination of the ap propriate monograph will reveal that they had data only for certain compounds. Anything categorized by IARC as Groups I and II are covered by the HCS -- Group III is not. d. Sources to generally establish hazards of the 2311 chemicals that are part of the floor of hazardous chemi cals covered by the standard: OSHA's Industrial Hygiene Technical Manual NIOSH/OSHA Occupational Health Guidelines Documentation for the Threshold Limit Values NTP Summary of the Annual Report on Carcinogens IARC Monographs In addition, the CSHO should check the NIOSH Reg istry of Toxic Effects of Chemical Substances to see if any hazards are indicated which do not appear in these sources. If there are, further study should be done to evaluate the hazards. RTECS should never be consid ered a definitive source establishing hazard since it consists of unevaiuated data. It is a useful screening resource. 2. The second step is to consult other generally available sources to see what has been published regarding the chemi cal. Patty's Industrial Hygiene and Toxicology would be one such source. Material Safety Data Sheets available through information services would also be useful. The Technical Data Center can provide assistance in this regard. 3. The third step, for those chemicals where information is not readily available, or where such available information is not complete, is to perform searches of bibliographic data bases. In general, the National Library of Medicine (NLM) services should be used. These include the Toxicology Data Bank (TDB), TOXLINE, and MEDLARS. The information generated by these data bases should be evaluated using the criteria in Appendix B of the HCS; i.e., to qualify as an acceptable study, it must be conducted according to scienti fic principles (e.g., in animal studies, number of subjects is adequate to do statistical analyses of the results; control group is used), and the study must show statistically signifi cant results indicating an adverse health effect. This evalua tion obviously requires a subjective, professional assess ment. Any problems should be referred to the Directorate of Field Operations (through the Regional Office) for assist ance. In general, uncorroborated case reports and in vitro studies, such as Ames Tests, are useful pieces of informa tion, but not definitive findings of hazards. Animal studies involving species other than those indicated in the acute hazard definition must be evaluated as well. The acute hazard definitions are not included in the standard to "cate gorize" chemicals, but rather just to establish that chemi cals meeting those definitions fall under the coverage of the standard. 4. In some cases, the only information available on a substance may be employer-generated data. If the employer indicates that such information is the basis for the hazard evaluation, the CSHO shall ask to see it to complete the OSHA evaluation. In cases where the employer denies the CSHO access to its own hazard data, and no published data on the chemical can be found to review the sufficiency of the hazard determina tion, the Directorate of Field Operations shall be contacted for assistance. Field Operations staff will develop proce dures for obtaining unpublished chemical hazard informa tion available from other Federal agencies such as Environ mental Protection Agency. 5. If an employer has found any chemical to be nonhazardous, and the CSHO has reason to believe it is hazardous, further investigation is required. The definitions of hazard in the standard are very broad, and it is not expected that many chemicals can be considered nonhazardous under this approach. Those most likely to be exempted would be chemicals that pose no physical hazards, and which have lethal dose findings above the limits found in the acute hazard definitions. In some cases, the employer may not have addressed a specific chemical in the Hazard Communication Program that the CSHO knows to be present through knowledge of the process or through sampling or other investigation of the workplace. This situation should also be further investigat ed. If the CSHO has information to indicate there is a hazard, the employer must be able to defend the finding of no hazard. 6. The citations to be issued for improper hazard evalua tion generally will be for inaccurate labels and data sheets, rather than for improper procedures. The exception would be if the procedures are obviously inadequate to be able to detect the type of health effect missing from the label or data sheets. For example, if the procedures do not address carcinogenicity, and that is the type of information lacking, a citation should be issued for paragraph (d)(6) as well. 5-29-86 Occupational Safety & Health Reporter 000016996 vvv 1326 OCCUPATIONAL SAFETY & HEALTH REPORTER AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS REPORT ON PROPOSED AND CURRENT CHANGES TO THE TLV AND BEI LISTS MAY 21, 1985 Editor's Note: Notations found in this document are listed and explained in the ACGIH TLV booklet The notation `Al' indicates the substance is a human carcinogen; `A2r indicates the substance is a suspected human carcinogen. The single asterisk {) indicates the biological determinant is a non specific indicator of exposure, while the double asterisk (**) denotes the determinant is a specific indicator of exposure to the chemical. The non-specific indicators are preferred. CHEMICAL SUBSTANCES TLV COMMITTEE REPORT 21 May 1986 NOTICE OF INTENDED CHANGES FOR 1986-87 ADDITIONS: SUBSTANCE Ammonium perfluorooctanoate - Skin [3825-26-1] Hexamethylene diisocyanate [822-06-0] Zinc chromates [13530-65-9; 1103-86-9; 37300-23-5], as Cr TWA ppm mg/m3 Be-- -- 0.005 __ 0.1 0.035 0. 01,Al STEL ppm mg/m3 . --- >_ -- -- -- APPENDIX D -- Nuisance Particulates Stearates ................................ . TWA: 10 mg/m3. Total dust REVISIONS: SUBSTANCE Caprolactam [105-60-2] Dust from: Vapor TO: Vapor & Aerosol Formamide [75-12-7] - Skin from: TO: Isophorone diisocyanate [4098-71-9] Manganese dust & compounds [739-96-5] from: TO: from: TO TWA: TWA ppm mg/m3 -- 5 0.25 20 10 0.01 0.005 __ -- 1 20 1 30 15 0.09 0.045 C5 5 5-29-66 Pubtiahed by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D-C. 20037 STEL ppm mg/m3 -- 3 10 40 -- -- 30 35 ---- -- --- --- -- --- -- VVV 000016997 CURRENT REPORT 1327 REVISIONS (con't): SUBSTANCE Methylene bisphenyl isocyanate from: [101-68-8] TO TWA; Methylene chloride [75-09-2] from: TO: TWA ppm mcf/m3 C 0.02 0.005 C 0.2 0.055 100 50, A2 350 175,A2 STEL ppm ma/m3 -- -- 500 1740 -- -- Methylene bis-(4-cyclohexylisocyanate) [5124-30-1] from: TO TWA: p-Nitrochl orobenzene [100-00-5] from: TO: Tantalum [7440-25-7] from: TO: Yttrium [7440-65-5] from: TO: Yttrium metal and compounds, as Y C 0.01 0.005 0.5 0.1 __ SEE __ -- Zinc chromate [13530-65-9], from: as Cr TO: Plural listing of Zinc chromates -- See Zinc stearate [557-05-1] from: TO: Plural listing of Stearates -- See C 0.11 0.055 3 0.6 5 DUSTS 1 1 0.05.A2 Additions D Additions - --- -- --- -- -- -- __ -_ -- 10 3 --- -- -20 -- DUSTS Other Dusts Tantalum [7440-25-7], metal and oxide . TWA: 10 mg/m3. Total dust TRANSFERS TO ADOPTED LIST FOR 1986-87 SUBSTANCE TWA ppm ma/m3 Amitrole [61-82-5] -- 0.2 Boron tribromide [10294-33-4] 1,3-Butadiene [106-00-0] C1 10, A2 C 10 22, A2 Carbon dioxide [124-38-9] 5000 9000 Hydrogen bromide [10035-10-6] C3 C 10 Hydrogen fluoride [7664-39-3], as F C3 C 2.5 4,4-Methylene dianiline [101-77-9]- Skin 0.1,A2 0.8,A2 o o Oxygen difluoride [7783-41-7] C 0.05 Sulfur monochloride [10025-67-9] C1 C6 ppm -- -- -- 30,000 STEL mg/m3 -- -- -- 54,000 -- -- -- -- -- -- -- -- -- -- 5-29-86 Occupational Safaty 6 Health Reporter VVV 000016998 1328 OCCUPATIONAL SAFETY & HEALTH REPORTER TRANSFERS TO THE ADOPTED LIST FOR 1986-87 (con'tl Sulfur pentafluoride [5714-22-7] Sulfur tetrafluoride [7783-60-0] Thionyl chloride [7719-09-7] m-Toluidine [108-44-1] - Skin p-Toluidine [106-49-0] - Skin C 0.01 C 0.1 C1 2 2,A2 C 0.1 C 0.4 C5 9 9,A2 STEL VALUES DELETED FROM THE FOLLOWING CHEMICAL SUBSTANCES WITH TWAs RETAINED: Acetylene tetrabromide Aldrin OL-Alumina Aluminum metal & oxide 2-Ami nopyridine Ammonium sulfamate Aniline & homologues ANTU Azinphos-methyl Benomyl Bismuth telluride & Se-doped Boron oxide Bromacil Bromine pentafluoride Cadmium dusts & salts Calcium carbonate/marble Calcium cyanamide Captan Carbaryl Carbon black Carbon tetrachloride Cellulose (paper fiber) Chloroform Copper dusts & mists Cotton dust, raw Cyhexatin 2,4-D DDT Demeton Diazinon 2-N-Dibutylaminoethanol Diehlorodifluoromethane 1,1-Dichloro-l-nitroethane Dichloropropene Diehlorotetrafluoroethane Dichlorvos Dicyclopentadienyl iron Dieldrin Dif1uorodibromomethane Dimethyl acetamide Disulfiram Disulfoton Emery Endosulfan Endrin Epichlorohydrin EPH Ethyl chloride Ethylene dichloride Ethyl mercaptan N-Ethylmorpholine Ethyl silicate Ferbam Germanium tetrahydride Gypsum Hafnium Heptachlor Hexachlorocyclopentadiene Hexachloronaphthalene Hexafluoroacetone Hydrogen peroxide Indium & compounds Iodoform Iron oxide fume Iron salts, soluble N-Isopropylaniline Kaolin Lead, inorganic dusts & fumes Limestone Lindane Magnesite Manganese eye 1 opentadienyl tricarbonyl Marble/calcium carbonate Methylacrylonitrile N-Methyl aniline Methyl bromide Methylcyclopentadienyl manganese tricarbonyl Methyl demeton Methyl iodide yyV 00oOl6999 $-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington. O.C. 20037 CURRENT REPORT 1329 STEL Deletions (con't): Dimethylformamide 1,1-Dimethylhydrazine Dimethylphthalate Dinitrobenzene Dinitro-o-cresol Dlnitrotoluene Dioxane Diphenyl amine Diquat Nitroethane Nitrogen trifluoride Nitromethane 1-Nitropropane Parathion Pentachloronaphthalene Pentachlorophenol Pentaerythritol Phenothiazine Phosphorus (yellow) Plaster of Paris Rouge Sesone Silicon Silicon carbide Starch Stibine Strychnine Sucrose Sulfotep Sulfur hexafluoride 2,4,5-T Temephos DUSTS Methyl parathion Methyl silicate Molybdenum, soluble & insoluble compounds Naled Nickel soluble compounds Nicotine Nitric oxide Nitrobenzene TEPP 1.1.1.2- Tetrachloro-2,2-difluoroethane 1.1.2.2- Tetrachloro-l ,2,difluoroethane 1.1.2.2- Tetrachloroethane Tetrachioronaphthalene Tetraethyl lead Tetramethyl lead Tetramethyl succinonitrile Tetryl 4,4'-Thiobis(6-tert. butyl-m-cresol) Thiram Tin, metal, oxide, soluble & insoluble compounds Titanium dioxide Tributyl phosphate 1.1.2- Trichloroethane Trichioronaphthalene Trifluorobromomethane Trimethyl phosphite 2,4,6-Trinitrotoluene (TNT) Triorthocresyl phosphate Triphenyl phosphate SILICA, Si02 Crystalline Quartz [14808-60-7] Cristobalite [14464 -46-1] Tridymite [15468-32 -3] Amorphous Diatomaceous earth (uncalcined)M [68855-54-9] TLV-TWA 0-1 mg/m3. Respirable dust 0.05 mg/m3. Respirable dust 0.05 mg/m3f Respirable dust 10 mg/m3. Total dust SILICATES(m) Graphite, synthetic Mica [12001-26-2] Nuisance particulates (see Appendix D) 5-29-86 10 mg/m3. Total dust 3 mg/m3# Respirable dust 10 mg/m3. Total dust Occupational Safety & Health Reporter oooorrooo vvv 1330 DUSTS (con't) Perlite Portland cement OTHER DUSTS Barium sulfate [7727-43-7] Grain dust (oats, wheat, barley) OCCUPATIONAL SAFETY & HEALTH REPORTER 10 mg/m3. Total dust 10 mg/m3# Total dust 10 mg/m3# Total dust 4 mg/m3. Total particulate FOOTNOTES j) Both concentration and percent quartz (if applicable) for respirable dust for the application of this limit are to be determined from the fraction passing a size-selector with the characteristics defined in Appendix G. m) For silicates, the values are for dust containing no asbestos and < 1% crystal line silica in the total dust. For coal dust, the value is for coal dust con taining < 5% crystalline silica in the respirable fraction. For materials con taining more than these percentages of crystalline silica, the environment should be evaluated against the TLV of 0.1 mg/m3 for respirable quartz. Even where the respirable quartz concentration is less than 0.1 mg/m3, the level of the major component should not SHESfed its TLV. DELETIONS All mppcf values. Appendix F, Conversion of mppcf to Mass Concentration Ammonium persulfate, sodium persulfate, and persulfates, alkali metal, from the Notice of Intended Changes and transfer to Appendix G -- Substances Under Study. RETENTIONS Cobalt dust and fume, enflurane and halothane on Notice of Intended Changes for an additional year. Retain STEL value for sulfur dioxide as listed in adopted values. APPENDIX G Chemical Substances and Other Issues Under StudyA Chemical Substances Acetomethyl chloride Acetophenone Acetyl acetone Acrylic acid Allyl chloride Bromodichloromethane Dibutyl phenyl phosphate Diehlorvos VVV 000017001 5-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington. O.C. 20037 CURRENT REPORT 1331 Chemical Substances Dinitrotoluene Epichlorohydrin Ethyl amines Gasoline (unleaded) Hexachlorocyclopentadiene Hydrazine Oet, petroleum and diesel fuels Malathion Methyl bromide Methyl hydrazines Naled Nitrous oxide Pentachlorophenol Other Issues Perchloroethylene Persulfates Petroleum solvents o-Phenylenediamine Propylene dichloride Rosin core solder pyrolysis products Skydrol hydraulic fluid 1.1.1.2-Tetrachloro-2,2-difluoroethane 1.1.2.2-Tetrachloro-l ,2-difluoroethane 1.1.2.2-Tetrachloroethane Thiram Trichloroethylene Mineral wool fibers Graphite fibers Ceramic fiber 1. Particle Size-Selective Sampling Criteria for Airborne Particulate Matter^ For chemical substances present in inhaled air as suspensions of solid parti cles or droplets, the potential hazard, depends on particle size as well'as mass concentration because of: 1) effects oPpfrticle size on deposition site within the respiratory tract, and 2) the tendency for many occupational diseases to be associated with material deposited in particular regions of the respiratory tract. ACGIH has recommended particle size-selective TLVs for crystalline silica for many years-in recognition of the well established association between silicosis and respirable mass concentrations. It now has embarked on a re-examination of other chemical substances encountered in particulate form in occupational envi ronments with the objective of defining: 1) the size-fraction most closely as sociated for each substance with the health effect of concern, and 2) the mass concentration within that size fraction which should represent the TLV. The Particle Size-Selective TLVs (PSS-TLVs) will be expressed in three forms, e.g., a. Tnspirable Particulate Mass TLVs (IPM-TLVs) for those materials which are hazardous when deposited anywhere in the respiratory tract. b. Thoracic Particulate Mass TLVs (TPM-TLVs) for those materials which are haz ardous when deposited anywhere within the lung airways and the gas-exchange region. c. Respirable Particulate Mass TLVs (RPM-TLVs) for those materials which are hazardous when deposited in the gas-exchange region. The three particulate mass fractions described above are defined in quantita tive terms as follows: 5-29-86 Occupational Safety A Health Reporter VVV 000017002 1332 OCCUPATIONAL SAFETY & HEALTH REPORTER a. Inspirable Particulate Mass consists of those particles that are- captured according to the following collection efficiency regardless of sampler ori entation with respect to wind direction: I = 50(1 + exp[-0.06 da]) + 10; for 0 < da _< 100^jm Collection characteristics for da > 100jim are presently unknown. E is - collection efficiency in percent and da is aerodynamic diameter in^pm. b. Thoracic Particulate Mass consists of those particles that penetrate a sepa rator whose size collection efficiency is described by a cumulative lognor mal function with a median aerodynamic diameter of 10 um +_ 1.0 um and with a geometric standard deviation of 1.5 (+_ 0.1). c. Respirable Particulate Mass consists of those particles that penetrate a separator whose size collection efficiency is described by a cumulative log normal function with a median aerodynamic diameter of 3.5 um +_ 0.3 urn and with a geometric standard deviation of 1.5 (+0.1). This Incorporates and clarifies the previous ACGIH Respirable Dust Sampling Criteria. These definitions provide a range of acceptable performance for each type of si2e-selective sampler. Further information is available on the background and perfon criteria for these particle size-selective sampling recommenda- tions. References 1. ACGIH: Particle Size-Selective Sampling in the Workplace, 80 pp. Cincinnati, Ohio (imr. 2. Particle Size-Selective Sampling in the Workplace. Ann. Am. Conf. Govt. Ind. Hyg. 11:23-100 (1984). 3. Chapter 7, Performance Considerations for Size-Selective Samplers (revised). Submitted to Ann, Am. Conf. Govt. Ind. Hyg. (1986). 2. Should the TLVs currently expressed as "total dust" be changed to "inspirable particulate mass" (as defined in the above criteria) without changing the numerical value? 3. Applications of TLVs to altered work schedules. Alnformation, data especially, and comments are solicited to assist the Commit tee in its deliberations and in the development of draft documents. Draft docu mentations are used by the Committee to decide what action, if any, to recommend on a given question. includes redefinition of respirable dust and notice of additional size-selec tive concentrations to be used in TLVs for particulate matter under consideration for revision. * As used for the mineral dusts. 5-29-86 Published by THE BUREAU OP NATIONAL AFFAIRS, INC., Washington. P.C. 20037 VVV G00017003 CURRENT REPORT BIOLOGICAL EXPOSURE INDICES COMMITTEE REPORT 21 May 1986 1333 NOTICE OF INTENT TO ESTABLISH BEIs FOR 1986-87 Airborne Chemical [CAS #] Indices ANILINE [62-53-3] * Total p-aminophenol in urine Timing End of shift BEI 50 mg/L Additional Notation G CADMIUM [7440-43-9] Cadmium in urine Cadmium in blood Not critical Not critical 10 ^jg/g creat. 10 yug/L t t CARBON DISULFIDE [75-15-0] 2-Thiothiazolidine-4-carboxylic acid (=TTCA) in urine End of shift 5 mg/g creat. DIMETHYLFORMAMIDE [68-12-2] N-Methylformamide in urine End of shift 40 mg/t.^ ?n?a4: METHYL ETHYL KETONE (MEK) [78-93-3] MEK in urine End of shift 2 mg/L G PENTACHLOROPHENOL (PCP) [87-86-5] Total PCP in urine Prior to the last shift of workweek Free PCP in plasma End of shift 2 mg/L 5 mg/L t t t ! TRANSFERS TO ADOPTED LIST FOR 1986-87 Airborne Chemical [CAS #] t Indices CARBON MONOXIDE [630-08-0] * Carboxyhemoglobin in blood *'C0 in end-exhaled air Timing End of shift End of shift <29-66 Occupational Safety & Health Reporter Additional BEI Notation Less than 8% R t Less than 40 ppm t WV 000017004 1334 Airborne Chemical [CAS #] Indices ETHYL BENZENE [100-41-4] * Mandelic acid in urine ** Ethyl benzene in end-exhaled air OCCUPATIONAL SAFETY & HEALTH REPORTER Timing End of shift and end of workweek Prior to shift Additional BEI Notation 2 g/L 1.5 g/g creat. 2 ppm G G STYRENE [100-42-5] * Mandelic acid in urine End of shift ** Styrene in mixed-exhaled air * Phenylglyoxylic acid in urine ** Styrene in mixed-exhaled air ** Styrene in blood Prior to shift End of shift During shift End afo^hjft Prior to shift l g/L 0.8 g/g creat. 40 ppb 250 mg/L 240 mg/g creat. 18 ppm 0.55 mg/L 0.02 mg/L G 0 tG G TOLUENE [108-88-3] * Hippurac acid in urine ** Toluene in venous blood ** Toluene in end-exhaled air End of shift Last 4 hrs of shift End of shift During shift 2.5 g/g creat. 3 mg/min 1 mg/L 20 ppm tG G TRICHLOROETHYLENE [79-01-6] * Trichloroacetic acid in urine End of workweek * Trichloroacetic acid and trichloroethanol in urine End of workweek and end of shift * Free trichloroethanol in blood End of shift and end of workweek ** Trichloroethylene in end-exhaled air Prior to shift and end of workweek 100 mg/L 300 mg/L 320 mg/g creat. 4 mg/L 0.5 ppm G G G XYLENES [1330-20-7] . ' Methylhippuric acids in urine End of shift 1.5 g/g creat- Last 4 hrs of shift 2 mg/min 5-29-88 <<< > VVV 00001T005 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037 CURRENT REPORT NOTICE OF INTENDED CHANGES FOR 1986-87 1335 Light and Near-infrared Radiation Change equations 3a and 3b as follows: 770 t* AJ\ <_ 100 cm-2 sr-l (t^lO4 s) 400 (3a) 770 XZ L/* ' 10-2 sr-1 (t > 104 s) (3b) 400 TABLE 13 Spectral Weighting Functions for Assessing Retinal Hazards from Optical Sources Last two entries to read: Wavelength (nm) 700-770 770-1400 Blue-Light Hazard-Function 0.001 0.001 Burn Hazard Function iq[(70G-^ )/505] 0.2 TRANSFERS TO ADOPTED LIST FOR 1986-87 Lasers Repetitively Pulsed Exposures -- Full section appearing on page 94 of the of the 1985-86 TLV booklet. Cold Stress Full section appearing on pages 98-109 of the 1985-86 TLV booklet. Hand-Arm (Segmental) Vibration Full section appearing on pages 109-113 of the 1985-86 TLV booklet. PHYSICAL AGENTS UNDER STUDY 1. Extremely Low Frequency (ELF) Radiation. Specifically, that portion of the spectrum from 0 to 300 Hz. 5-29-86 Occupational Safety & Health Reporter WV 000017006 1336 OCCUPATIONAL SAFETY & HEALTH REPORTER PHYSICAL AGENTS UNDER STUDY (con't) 2. Magnetic Fields. Both pulsed and continuous. 3. Laser Radiation. Specifically laser exposures of less than one (1) nanosecond. 4. Vibration. Whole-body. 5. Pressure Variations. Journal MEETINGS SCHEDULED Jane 12 -- Fourth Annual Workers' Compensation Confer ence, Chapel Hill, N.C. (University of North Carolina, OSHERC, 109 Conner Drive, Suite 1101, Chapel Hill, N.C. 27514; Attn: Ted Williams; (919) 962-2101). June 12 -- Forklift Safety for Instructors, Los Angeles, Calif. (Greater Los Angeles Chapter, National Safety Coun cil, 616 S. Westmoreland Ave., Los Angeles, Calif. 90005; (213) 385-6461). June 12-14 -- Annual Industrial Ergonomics and Safety Conference, Louisville, Ky. (Dr. W. Karwowski, Conference Chairman, Department of Industrial Engineering, Speed Scientific School, University of Louisville, Louisville, Ky. 40292; (502) 588-6061). Jane 15-18 -- 25th Annual American Society of Safety r Engineers Professional Development Conference and Expo sition, New Orleans, La. (ASSE Conference Registrar, 1800 East Oakton St., Des Plaines, 111. 60018-2187; (312) 692-4121). June 16-17 -- Legal Aspects of Occupational Safety and Health, Los Angeles, Calif. (University of Southern Califor nia, Institute of Safety and Systems Management, Office of Extension and In-Service Programs, Los Angeles, Calif. . 90089-0021; (213) 743-6523/6524). June 16-20 -- Practical Aspects of Industrial Hygiene, Austin, Texas (Texas Safety Association, Attn: OSH Training Coordinator, P.O. Box 9345, Austin, Texas 78766; (512) 451-7421). Jane 17 -- Behavior Sciences/Accident Prevention, Los Angeles, Calif. (Greater Los Angeles Chapter, National Safe ty Council, 616 S. Westmoreland Ave., Los Angeles, Calif. 90005; (213) 385-6461). June 17-20 -- Summer Institute in Risk Management in Environmental Health, New York, N.Y. (Charles Nicolson, Coordinator, Graduate School of Public Administration, New York University, 4 Washington Square North, New York, N.Y. 10003; (212) 598-3133. June 18-19 -- Behavioral Science: A New Approach to Accident Prevention, Los Angeles, Calif. (University of Southern California, Institute of Safety and Systems Man agement, Office of Extension and In-Service Programs, Los Angeles, Calif. 90089-0021; (213) 743-6523/6524; Telex: 181101USC, SSM, LSA). June 18-20 -- Meeting of ASTM Committee F-23 on Protective Clothing, Louisville, Ky. (Drew Azzara, (215) 299-5579). June 19 -- Workers' Compensation Course, Los Angeles, Calif. (Greater Los Angeles Chapter, National Safety Coun cil, 616 S. Westmoreland Ave., Los Angeles, Calif. 90005; (213) 385-6461). Jane 20-21 -- Pulmonary Function Testing in the Occupa tional Health Setting, Inglewood, Calif. (University of Cali fornia, Irvine University Extention, P.O. Box AZ, Irvine, Calif. 92716; (714) 856-5414). Jane 23 -- Federal Hazard Communication Program, Endicott, N.Y. (Institute for Disease Prevention in the Work place, P.O. Box 419, Slingerlands, N.Y. 12159; (518) 439-6881). June 23-27 -- Sampling and Evaluating Airborne Asbes tos Dust (NIOSH 582), Chapel Hill, N.C. (University of North Carolina, OSHERC, 109 Conner Drive, Suite 1101, Chapel Hill, N.C. 27514; Attn: Ted Williams; (919) 962-2101). June 24 -- Industrial Safety III, Los Angeles, Calif. (Greater Los Angeles Chapter, National Safety Council, 616 S. Westmoreland Ave., Los Angeles, Calif. 90005; (213) 385-6461). June 24 -- Preparation of Evidence for Hazardous Waste Litigation, Davis, Calif. (University of California, Davis, Calif. 95616; (916) 752-0857). June 24 -- Federal Hazard Communication Program, Buffalo, N.Y. (Institute for Disease Prevention in the Work place, P.O. Box 419, Slingerlands, N.Y. 12159; (518) 439-6881). June 24-26 -- Managing Safety: Techniques That Work for the Line Supervisor, Wilmington, Del. (Du Pont Com pany, Professional Development Seminars, P.O. Box 4500, Greenville, Del. 19807; (302) 992-3602). 5-2$-86 Copyright 1966 by The Bureau of National Affairs, Inc. OO95-3237/0S/SO+.5O 20037 VVV 000017007 TO: Steve Ashby ^ Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles June 16, 1986 MSDS REVISIONS: OSHACITATION visha The VCM Plant product MSDS's that had to be revised to company with the OSHA citation have been revised and updated sheets sent to all current customers for those products. Internal distribution to MSDS manual holders will be done in the near future. As we discussed, no revision was made on the Muriatic Acid sheet. This decision was based on OSHA recent compliance document regarding Hazard Communication Standard enforcement and the requirements for carcinogen information (attached). \i CTW---------------Thomas G. Grumbles ajo/9 Attachment cc WLM VVV 000017008 1312 OCCUPATIONAL SAFETY & HEALTH REPORTER failure to equip machine parts " with guards, and R & C Corp., Flashing, N.Y., Is contesting a serious cita 1910.217(c)(2XiXa) for failure to equip power presses with tion and a $400 penalty for 1926.651(iXl) for failure to point of operation guards.- ..... ; ,r maintain excavated material away from the excavation site, . The employer also is contesting a serious citation and a__ 1926.652(a) for failure to slope or shore the sides of a trench, $3,800 penalty for 11 items, including 1910.133(aXl) for " and 1926.652(h) for failure to provide an adequate exit for a failure to provide protective face equipment, 1910.212(aXl) trench (No. 86-603). * *.'1- -\j .v: for failure to' equip rotating machine parts with guards, and 1910.213(hXl) for failure to equip radial saws with guards (No. 86-630). V - . Aih .. .i- -- _ . v Red Arrow Products Co. Inc., Manitowoc, Wis., is contest ing a serious citation and a $640 penalty for Section 5(aXl) for failure to protect employees from exposure to burns from an opening on a sheaver (No. 86-619). i u.---- ^ North American Spring Corp. of Ohio, Cincinnati, Ohio, is contesting a repeat citation and a $1,200 penalty - for 1910.212(aXl) for failure to equip nip points and rotating machine parts with guards (No. 86-626). ; - 7 - v - * ' Sanchez Brothers, Newberry, Fla., is contesting a serious citation and a $120 penalty for 1926.500(dXl) for failure to equip open-sided floors with railings (No. 86-607). ''i-'- "7 Standard Oil of Ohio, Lima, Ohio, is contesting a serious Perini Carp., West Palm Beach, Fla., is contesting a repeat citation and a $1,600 penalty for 1926.500(dXl) for failure to equip open-sided platforms with railings. - \. citation for Section 5(a)(1) for failure to protect employees from Are hazards at a reboiler furnace (No. 86-624). . ... . --"-Toronto Paperboard Co. Inc.,'Toronto, Ohio, is contesting The employer also is contesting a serious citation and a a $3,870 penalty for a serious citation for 1910.261(lX7Xiv) $1,100 penalty for 1926.500(bXl) for failure to equip floor for failure to equip a cutter with guards, 1910.261(b)(1) for openings with railings, and 1926.500(eXlXiv) for failure to equip stairways with railings (No. 86-612). ? ,5 V 7 failure to equip pulleys with guards, and 1910.261(lX7Xii) for failure to equip knife machines with guards (No. 86-625). ."f-'itvTri-jO-7: i - :'.?*'. sic:v:C- - .jttI i: 'T\ g \ 'K , Full Text .-T7 F. <1 * v :OSHA INSTRUCTION CPL 2-2.38A ON PROCEDURES v: VVV OOOOl7009 FOR ENFORCING THE HAZARD COMMUNICATION STANDARD "sVh> W ''7;cnr` .. Subject: Inspection Procedures for the Hazard Communi cation Standard, 29 CFR 1910.1200 ; .* v f :: -A. Purpose. This instruction establishes policies and pro vides clarifications to ensure uniform enforcement of 29 CFR 1910.1200, the Hazard Communication Standard (HCS). .B. Scope. This instruction applies OSHA-wide. ,-C. References. v. . . . 1. The Field Operations Manual (FOM), OSHA Instruction CPL 2.45A, April 18,1983. , 2. Voluntary Training Guidelines, 49 FR 30290, July 27, 1984. .. _ -s- - :`v**;-' .; D: Cancellation. OSHA Instruction CPL 2-2.38, August 5, 1985, is canceled. " : ' E. Action. OSHA Regional Administrators and Area Di rectors shall ensure that the guidelines presented in this instruction are followed. The Directorate of Field Oper ations shall provide whatever support is necessary to assist the Regional Administrators and Area Directors to enforce the HCS. . ---.v* F. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall: .......... - 1. Ensure that this change is forwarded to each State designee. . 2. Explain the technical content of the change to the State designee as requested. to..:-::- -.i - 3. Ensure that State designees acknowledge receipt of this Federal program change in writing, within 30 days of notifi cation, to the Regional Administrator. This acknowledgment should include the State's intention to follow the enforce ment policies described in this instruction, or a description of the State's alternative policy which is "at least as effec tive" as the Federal policy. " - s a. If a State intends to follow the inspection procedures :: described in this instruction, only a written indication of intent is needed. Where an identical policy is adopted, the - Region should review policies, instructions and guidelines . issued by the State to determine that this change has been communicated to State program personnel. b. Any alternative State enforcement policy must be - submitted as a State plan supplement within 6 months. An alternative enforcement policy would presumably be necessary in a State with a right-to-know law or a different hazard communication standard, including one whose . - scope is expanded beyond that of the Federal standard. .. 'Any alternative State policy must be submitted with the differences from Federal procedures identified and a comparison and justification made for those differences, . to demonstrate that the State plan change is "at least as 7 effective" as the FederaL : 4. Utilize routine monitoring activities to determine if this change has been implemented in actual performance. ,-j 5. Provide an overall assessment on relative effectiveness of the State plan change and a recommendation for appro val/disapproval by the Assistant Secretary. .7 ,-.77: 7-7.'.7 G. Background. The final Hazard Communication Stand ard (HCS), 29 CFR 1910.1200, was published in the Federal Register on November 25, 1983 (48 FR 53280). _ . 7\1. The HCS incorporates both specification and perform ance requirements which are result-oriented, providing goals for achievement, and allowing employers the flexibil- 5-29-86 Copyright 1986 by The Bureau of National Affairs, Inc. 0085-3237/M/SO+.50 ovea 1316 OCCUPATIONAL SAFETY & HEALTH REPORTER Figure 1 > GUIDE FOR REVIEWING MSDS COMPLETENESS 29 CFR 19l0.l20Wg) Material Safety Data Sheets (MSDS). " (!) Do chemical manufacturers and importers have MSDS for each hazardous chemical produced or imported? (xi) Does each MSDS contain date of preparation or last ` change? ' (xii) Does each MSDS contain name, address and tele phone number or responsible party? - (3) Are all sections of the MSDS completed? ;' Do employers have a MSDS for each hazardous chemical used? NOTE: This is for use as an aid on inspections. It is NOT a form. (2) Is each MSDS in English? <- , Does each MSDS contain at least the following information: v, (i) Does each MSDS contain the identity used on the label? --- ' (A) Does each MSDS contain the chemical and com mon name(s) for single substance hazardous chemicals? (B) For mixtures tested as a whole: Does each MSDS contain the chemical and common name(s) of the ingredients which contribute to these known hazards? - d. Citation and Referral Procedures for Employers. Where employers, including chemical manufacturers, are - relying on the MSDS supplied by other chemical manufac turers or importers for their in-house MSDS programs for : their employees, the following procedures apply: (1) Employers are not to be held responsible for - inaccurate information on the MSDS which they did not prepare and they have accepted in good faith from the - chemical manufacturer, importer or distributor, (i.e., the sheets are completed and not obviously unaccepta ble). The CSHO shall take copies of the MSDS with inaccurate information back to the Area Office for Does each MSDS contain the common name(s) of the mixture itself? (C) For mixtures not tested as a whole: "" (1) Does each MSDS contain the chemical and common name(s) of all ingredients which are health hazards (1% or greater), or in the case of carcinogens (0.1% or greater)?\ . -. (2) Does each MSDS contain the chemical and common name(s) of all ingredients which have been determined to present a physical hazard when -- present in the mixture? .. .... .r - (ii) Does each MSDS contain the physical and chemical characteristics of the hazardous chemical (vapor pres sure, flash point, etc.)? ; / . - referral to the appropriate Regional Office for further action. Before making the referral, the Area Director . shall write to the supplier using the sample letter in ' Appendix B of this instruction. .u ; (2) If MSDS are missing or have not been received for a hazardous chemicals), the employer shall be cited for . violation of 29 CFR 1910.1200(g)(1) with a 30-day abate- . ment period. CSHO's shall recommend that the employ er write to both their supplier and the product manufac turer for the MSDS. . (3) If at the end of the 30-day abatement period the ; employer still has failed to receive all of the requisite " MSDS, the Area Director shall concurrently call and send a certified letter to the supplier or manufacturer ~ to obtain the needed information. (See sample' letter in (iii) Does each MSDS contain the physical hazards of the Appendix B.) ' ; hazardous chemical, including the potential for fire, ex plosion, and reactivity? _ (a) Area Offices should expect to receive requests from employers to assist them in obtaining MSDS in (iv) Does each MSDS contain the health hazards of the hazardous chemical (including signs and symptoms, medi cal conditions aggravated)? situations where an inspection has not been conduct ed. All calls, not relating to an ongoing inspection, shall be documented on a log established for this (v) Does each MSDS contain the primary routes of entry? -...... (vi) Does each MSDS contain the OSHA PEL? the ACGIH TLV? other exposure limit (including ceiling and other short-term limits)? - A (vii) Does each MSDS contain information on carcino gen listings (reference OSHA regulated carcinogens, those `^Indicated in the National Toxicology Program (NTP) anI nual report and those listed by the International Agency ! for Research on Carcinogens (IARC). 1 NOTE: Negative conclusions regarding carcinogenI icity or the fact that there is no information do not have to be reported unless there is a specific blank for carcinogenicity on the form. (viii) Does each MSDS contain general applicable proce dures and precautions for safe handling and use of the chemical (hygienic practices, maintenance and spill procedures)? ... -- - -. (ix) Does each MSDS contain generally applicable con trol (engineering controls, work practices, or personal protective equipment)? . purpose. , - /' '-r ~: (b) If the Area Director determines that the employer has tried to obtain the information, and has not - been able to, a letter and telephone call to the suppli er or manufacturer is the appropriate action in this situation as well. The Area Office shall document all actions taken in the case file. . . . . (4) If the supplier or manufacturer fails to respond within a reasonable time (e.g., 30 days), a referral (OSHA-90 Form), with completed background informa tion attached to it, is to be sent through the Regional Office to the Regional Office within whose jurisdiction the supplier or manufacturer does business. . (a) Where the supplier or manufacturer Is in the same Region as the Area Office, the OSHA-90 Form , . is to be completed and sent through the Regional . Office to the appropriate Area Office within that : Regional jurisdiction. The Area Office shall deal di rectly with those suppliers or manufacturers located within their jurisdictions. - - ... (b) Where the supplier or manufacturer is under State plan jurisdiction in the same Region, the OSHA. 90 Form is to be completed and sent to the State (x) Does each MSDS contain emergency and first aid designee with a request for a State hazard communi procedures? cation inspection. VVV 000017010 S-29-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, D.C. 20037