Document daJbpEbg5bMM52n0w91w8JQrb

(conoco) Interoffice Communication To From Date subject Safety Directors Tom Grumbles Dec. 20, 1983 o$HA HAZARD COMMUNICATION RULE ^ RF Enclosed is a copy of the subject rule and a summary outlining the specific requirements. The initial compliance date for container labeling and MSDS preparation is November 25, 1985 with full compliance with all portions of the standard required by May 25, 1986. There is obviously no rush for compliance dates, but please review to de termine what steps may be necessary in your plants. Some administrative steps (i.e. specific written hazard communication program) will be necessary to comply. We'll begin discussing compliance early in 1984. Tom Grumbles TGG/akh cc: RDG, JRD CCR 000000403 53340 Federal Register / Vol. 4H, No. 22H / Friday, November 25. 1963 / Rules and Regulations 'Uun 15 of the Act end Agency jeedures. (j) Effective dates. The effective dates of the final standard are structured according to activity; that is. information being sent downstream must be prepared first, then other provisions of the hazard communication program are to be complied with by a later date. Chemical manufacturers and importers have two years in which to comply with the labeling of containers shipped downstream, and to provide material safety data sheets to manufacturing purchasers. Distributors must also begin transferring information downstream by this initial compliance date. All employers must be in compliance with all provisions of the standard within ZV* years. V. Authority, Signature and the Standard This document was prepared under the direction of Thorne G. Auchter, Assistant Secretary of Labor for Occupational Safety and Health, U.S Department of Labor, 200 Constitution Avenue, N.W., Washington. D.C. 20210. Pursuant to Sections 6(b) and 8(g) of the Act, 29 CFR is hereby amended by adding a new ) 1910.1200 to reed as set forth below. 1 of Subjects In 29 CFR Part 1910 Occupational safety and health. Hazard communication. (Sec. 6(b). 6(c). sod B(g) Pub. L 91-506.64 StaL. 1503.1500.1600; 26 U.S.C. 655.657; 29 CFR Part 1911; Secretary of Labor1* Order No. 9-83 (48 FR 35736)) Signed at Washington. D.C. this list day of November 1963. Thome G. Auchter, Assistant Secretaryfor OccupationalSafety and Health. PART 1910--[AMENDED] Subpart 2 of Part 1910 of Title 29 of the Code of Federal Regulations (CFR) is hereby amended by adding a new 8 1910.1200 to read as follows: 11610.1200 Hazard communication. (a) Purpose. (1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated, and that information concerning their hazards is transmitted to affected employers and employees within the manufacturing sector. Hits transmittal of information is to be accomplished by means of 'mprehensive hazard communication grams, which are to include container labeling and other forma of warning, material safety data sheets and employee training. (2) Tide occupational safely and health standard is intended to address comprehensively the issue of evaluating and communicating chemical hazards to employees in the manufacturing sector, and to preempt any state law pertaining to this subject. Any slate which desires to assume responsibility in this area may only do so under the provisions of 8 18 of the Occupational Safety and Health Act (29 U.S.C. 651 et. seq.) which deals with state jurisdiction and slate plans. (b) Scope and application. (1) This section requires chemical manufacturers or importers to assess the hazards of chemicals which they produce or import, and all employers in SIC Codes 20 through 39 (Division D. Standard Industrial Classification Manual) to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers in SJC Codes 20-39. (2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. (3) This section applies to laboratories only as follows; (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced; (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees; and, (iii) Employers shall ensure that laboratory employees are apprised of the hazards of the chemicals in their workplaces in accordance with paragraph (h) of this section. (4) This seclion does not require labeling of the following chemicals: (i) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Aq^(7 U.S.C. 136 et seq.). when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; (ii) Any food, food additive, color additive, drug, or cosmetic, including materials intended fur use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 el seq.) and regulations issued under that Act. when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration; (iii) Any distilled spirits (beverage alcohols), wine, or malt beverage Intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act. when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol Tobacco, and Firearms; and. (iv) Any consumer product or hazardous substance as those terras are defined in the Hnnuimer Product Safety Act (15 U.S.C. 2051 et seq.) end Federa) Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission. (5) This section does not apply to: (i) Any hazardous waste as such term is defined by the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.). when subject to regulations issued under that Act by the Environmental Protection Agency; (ii) Tobacco or tobacco products; (iii) Wood or wood products; (ivj Articles; and, (v) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace. (c) Definitions. "Article" means a manufactured item; (i) Which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to. a hazardous chemical under normal conditions of use. "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. "Chemical" means any element, chemical compound or mixture of elements and/or compounds. "Chemical manufacturer" means an employer in SIC Codes 20 through 39 with a workplace where chemical(s) are produced for use or distribution. "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (1UPAC) or the Chemical Abstracts Service (CAS) CCR 00000404 Federal Register / Vol. 46, No. 226 / Friday, November 25, 1983 / Rules and Regulations 53341 rules of nomenclature, or a name which will dearly Identify the chemical for the purpose of conducting a hazard evaluation. "Combustible liquid" means any liquid having a flashpoint at or above 100*F (37.8*C). but below 2Q0*F (93.3'C), except any mixture having components with flashpoints of 200*F (93.3'C), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture. "Common name" means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. "Compressed gas" means: (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70*F (21.1"C); or (ii) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 pai at 130*F (54.4*C) regardless of the pressure at 70*F (21.1`C): or (iii) A liquid having a vapor pressure exceeding 40 psi at 100'F (37.6*C) as determined by ASTM D-323-72. "Container" means any bag, barrel, bottle, box, can. cylinder, drum, reaction vessel, storage tank, or the like that containes a hazardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers. "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. "Director" means the Director. National institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors onto manufacturing purchasers. "Employee" means a worker employed by an employer in a workplace in SIC Codes 20 through 39 who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel or non-resident management are generally not included, unless their fob performance routinely involves potential exposure to hazardous chemicals. "Employer" means a person engaged in a business within SIC Codes 20 through 39 where chemicals are either used, or are produced for use or distribution. "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas. and heal when subjected to sudden shock, pressure, or high temperature. "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc ), and includes potential (e.g., accidental or possible) exposure. "Flammable" means a chemical that falls into one of the following categories: (i) "Aerosol, flammable" means an ' aerosol that, when tested by the method described in 18 CFR 1500.45, yields a flame projection exceeding 16 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening; (ii) "Gas, flammable" means: (A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or (B) A gas that, at ambient temperature and pressure, forms u runge of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit: (iii) "Liquid, flammable" means any liquid having a flashpoint below 100'F (37.a*C), except any mixture having components with flashpoints of 100*F (37 0*C) or higher, the lota) of which make up 99 percent or more of the total volume of the mixture. (iv) "Solid, flammable" means a solid, other than a blasting agent or explosive as defined in $ 1910.109(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or reluined heat from manufacturing or processing, or which can be ignited readily and when ignited bums so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500-44. it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. "Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows: (i)Tagliabue Closed Taster (See American National Standard Method of Test for Flash Point by Tag Closed Tester. 211.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100*F (37.8'C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or (ii) Punsky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester. Zll.7-1979 (ASTM D 93- 79)) for liquids with a viscosity equal to or greater than 45 SUS a 100`F (37.0*C). or that contain suspended solids, or that have a tendency to form a surface Him under test; or (iii) Setaflasb Closed Tester (see American National Standard Method of Test for Flash Point by Selaflash Closed Tester (ASTM D 3278-78)). Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. "Foreseeable emergency" means any potential occurrence such as, but not limited to, equipment fuilure. rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. "Hazard warning" means any words, pictures, symbols, or combination thereof appearing on e label or other appropriate form of warning which convey the hazards of the chemical(s) in the container(s). "Hazardous chemical" means any chemical which is a physical hazard or a health hazard. "Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, Irritants, corrosives, sensitizers, hepalotoxtns. nephrotoxtna. neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, akin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health'hazards covered by this section, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous-for purposes of this standard. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made CC& 000000^05 SS942 Fedanl RegisttT / Vol. 48. No. 228 / Friday, November 25, 1983 / Rules and Regulations among the required list of hazardous "JiemicaU, the label and the MSDS. "Immediate uee" means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled . container and only within the work shift in which it is transferred. "Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or manufacturing purchasers within die United States. "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. "Manufacturing purchaser" means an employer with a workplace classified in SIC Codes 20 through 39 who purchases a hazardous chemical for use within that workplace. "Material safety data sheet (MSDS)" means written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section. "Mixture" means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction. "Organic peroxide" means an organic compound that contains the bivalent -OO-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. "Oxidizer" means s chemical other than a blasting agent or explosive as defined in i 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases. "Physical hazard" means a chemical for which there iB scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or waterreactive. "Produce" means to manufacture, process, formulate, or repackage. "Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130" F (54.4* C) or below. "Responsible party" means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. "Specific chemical identity" means is chemical name. Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance. ''Trade secret" means any confidential formula, pattern, process, device, information or compilation of information (including chemical name or other unique chemical identifier) that is used in an employer's business, and that giveB the employer an opportunity to obtain an advantage over competitors who do not know or use it. "Unstable (reactive)" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks pressure or temperature. "Use" means to package, handle, react, or transfer. "Water-reactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard. "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present. "Workplace" means an establishment at one geographical location containing one or more work areas. (d) Hazard determination. (1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous. Emnloyers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical to satisfy this requirement. (2) Chemical manufacturers, importers or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards. For health hazards, evidence which is statistically significant and which is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section. Appendix A shall be consulted for the scope of health hazards covered, and Appendix B shall be consulted for the criteria to be followed with respect to the completeness of the evaluation, and the data to be reported. (3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed in them are hazardous: (i) 29 CFR Part 1910, Subpart Z. Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA): or. (ii) Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment. American Conference of Governmental Industrial Hygienists (ACCIH) (latest edition). The chemical manufacturer, importer, or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard. (4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (i) National Toxicology Program (NTP). Annual Report on Carcinogens (latest edition): (ii) International Agency for Research on Cancer (1ARC) Monographs (latest editions): or (iii) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances. Occupational Safety and Health Administration. Not*.--The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen. (5) The chemical manufacturer, importer or employer shall determine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous: (ii) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 01 percent or greater which is considered to be a carcinogen under paragraph (d)(4) of this section; (ili) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture: and (tv) If tite employer has evidence to indicate that a component present in the mixture in concentrations of less than CCR 000000406 Federal Register / Vol. 48, No. 228 / Friday, November 25, 1963 / Rules and Regulations 53343 one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an established OSHA permissible exposure limit or ACC1H Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard. (6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate. The written procedures are to be made available, upon request to employees, their designated representatives, the Assistant Secretary and the Director. The written description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Written hazard communication program. (1) Employers shall develop and implement a written hazard communication program for their workplaces which at least describes how the criteria specified in paragraphs (f). (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be mcL and which also includes the following: (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas; and, (iii) The methods the employer will use to inform any contractor employers with employees working in the employer's workplace of the hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures. (2) The employer may rely on aii existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). (3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20(e). (f) Labels and otherforms of warning. (1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (1) Identity of the hazardous chemical(s); (ii) Appropriate hazard warnings; and (iii) Name and address of the chemical manufacturer, importer, or other responsible party. (2) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (IB U-S-C. 1601 et seq.) and regulations issued under that Act by the Department of Transportation. (3) If the hazardous chemical is regulated by OSHA in a substancespecific health standard, the chemical manufacturer, importer, distributor or employer shall ensure that the labels or other forms of warning used are in accordance with the requirements of that standard. (4) Except os provided in paragraphs (f)(5) and (0(6) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with (he following information: (i) Identity of the hazardous chemical(s) contained therein; and (ii) Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (0(4) of this section to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. (8) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. (7) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having err uloyees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. (9) The chemical manufacturer, importer, distributor or employer need not sffix new labels to comply with this section if existing labels already convey the required information. (g) Material safety data sheets, (l) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet for each hazardous chemical which they use. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (1) The identity used on the label, and, except as provided for in paragraph (f) of this section on trade secrets: (A) If the hazardous chemical is a single substance, its chemical and common nsine(s); (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself: or, (C) If the hazardous chemical is a mixture which has not been tested a6 a whole: (/) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concentrations are 0.1% or greater; and, (2) The chemical and common name(s) cf all ingredients which have been determined to present a physical hazard when present in the mixture; (ii) Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point); (iii) The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity; (iv) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical; (v) The primary route(s) of entry; (vi) The OSHA permissible exposure limit, ACG1H Threshold Limit Value, and any other exposure limit used or CCR 000000407 53344 Federal Register / Vol. 48. No. 220 / Friday, November 25. 1963 / Rules and Regulation* recommended by the chemical manufacturer, importer, or employer taring the material safety data sheet, . ..ere available; (vii) Whether the hazardous chemical is listed in the National Toxicology Program (NTT) Annua1 Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA; (viii) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks; (lx) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment; (x) Emergency and first aid procedures; (xi) The date of preparation of the material safety data sheet or the last change to it; and, 'xii) The name, address and telephone .nber of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. (3) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found. (4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures, (5) The chemical manufacturer, importer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer, importer or employer becomes newly aware of any '^nificant information regarding the .zards of a chemical, or ways to protect against the hazards, this new information shall be added lo the material safely data sheet within three months- If the chemical is not currently being produced or imported the chemical manufacturer or importer shall add the information lo the material safety data sheet before the chemical is introduced into the workplace again. (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the manufacturing purchaser prior to or at the time of the shipment. If the material safety data sheet is not provided with the shipment the manufacturing purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and manufacturing purchasers of hazardous chemicals. (8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (9) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). (10) Material safety data sheets shall also be made readily available, upon request, to designated representatives and to the Assistant Secretary, in accordance with the requirements of 29 CFR 1910.20(e). The Director shall also be given access to material safety data sheets in the same manner. (h)Employee information and training. Employers shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area. (1) Information. Employees shall be informed of: (1) The requirements of this section; (it) Any operations in their work area where hazardous chemicals are present; and. (iii) The location and availability of the written hazard communication program, including the required listfs) of hazardous chemicals, and material safety data sheets required by this section. (2) Training. Employee training shall include at least: (i) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); (ii) The physical and health hazards of the chemicals in the work area; (iil) The measures employees can take to protect themselves from these hazards, including Bpeclflc procedures the employer has Implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment lo the used; and. (iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information. (i) Trade secrets. (1) The chemical manufacturer, importer or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (1) The claim that the information withheld is a trade secret can be supported; (ii) Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; (iii) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret: and, (iv) The specific chemical identity is made available to health professionals, in accordance with the applicable provisions of this paragraph. (2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical Identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical CCR 000000408 Federal Register / VoL 48, No. 228 / Friday, November 25, 1983 / Rules and Regulations 53345 manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of paragraphs (i) (3) and (4) of this section, as soon as circumstances permit. (3) In non-emergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under' paragraph (i)(l) of this section, to a health professional (i.e. physician, industrial hygienist, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed empioyee(s) if: (i) the request is in writing; (ii) The request describes with reasonable detail one or more of the following occupational health needs for the information: (A) To assess the hazards of the chemicals to which employees will be exposed; (B) .To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; (C) To conduct pre-assignment or periodic medical surveillance of exposed employees; (D) To provide medical treatment to exposed employees: (E) To select or assess appropriate personal protective equipment for exposed employees; (F) To design or assess engineering controls or other protective measures for exposed employees; and. (G) To conduct studies to determine the health effects of exposure. (iii) The request explains in detail why the disclosure of the specific chemical identity is essential and that in lieu thereof, the disclosure of the following information would not enable the health professional to provide the occupational health services described in paragraph (ii) of this section; (A) The properties and effects of the chemical: (B) Measures for controlling workers' exposure to the chemical; (C) Methods of monitoring and analyzing worker exposure to the chemical: and, (D) Methods of diagnosing and treating harmful exposures to the chemical; (iv) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and, (v) The health professional, and the employer or contractor of the health professional's services (i.e.. downstream employer, labor organization, or individual employer), agree in a written confidentiality agreement that the health professional will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA. as provided in paragraph (i)|6) of this section, except as authorized by the terms of the agreement or by tbe chemical manufacturer, importer, or employer. (4) The confidentiality agreement authorized by paragraph (i)(3)(iv) of this section: (i) May restrict the use of the information to the health purposes indicated in the written statement of need; (ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and, (iii) May not include requirements for the posting of a penalty bond. (5) Nothing in this standard is meant to preclude the parlies from pursuing non-contractual remedies to the extent permitted by law. (6) If the health professional receiving the trade secret information decides that there is a need to disclose it to OSHA, the chemical manufacturer, importer, or employer who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure. (7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity, the denial must: (i) Be provided to the health professional within thirty days of the request; (ii) Be in writing; (iii) Include evidence to support the claim that the specific chemical identity is a trade secret; (iv) State the specific reasons why the request ib being denied; and. (v) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity. (8) The health professional whose request for information is denied under paragraph (i){3) of this section may refer the request and the written denial of the request to OSHA for consideration. (9) When a health professional refers the denial to OSHA under paragraph (1)(8) of this section, OSHA shell consider the evidence to determine if: (i) The chemical manufacturer, importer, or employer has supported the claim that the specific chemical identity is a trade secret; (ii) The health professional has supported the claim that there is a medical or occupational health need for the information; and, (iii) The health professional has demonstrated adequate means to protect the confidentiality. (10) (i) If OSHA determines that the specific chemical identity requested under paragraph (i)(3) of this section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer, or employer will be subject to citation by OSHA. (11) If a chemical manufacturer, importer, or employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If, following the issuance of a citation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enforcement of the citation. In accordance with Commission rules, the Administrative Law Judge may review the citation and supporting documentation in camera or issue appropriate protective orders. (12) Notwithstanding the existence of a trade secret cluim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manufacturer, importer, or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to Hie Assistant Secretary so that suitable determinations of trade CG& 00 53346 federal Register / Vol. 40, No. 226 / Friday, November 25, 1983 / Rules and Regulations secret status can be made and the necessary protections can be implemented. (13) Nothing in this paragraph shall be instrued as requiring the disclosure nder any circumstances of process or percentage of mixture information which is trade secret (j) Effective dates. Employers shall be in compliance with this section within the following time periods: (1) Chemical manufacturers and importers shall label containers of ha2ardous chemicals leaving their workplaces, and provide material safety data sheets with initial shipments by November 25,1965. (2) Distributors shall be in compliance with all provisions of this section applicable to them by November 25, 1985. (3) Employers shall be in compliance with all provisions of this section by May 25.1986, including initial training for all current employees. Appendix A to S 1910.1200--Health Hazard Definitions (Mandatory) Although safety hazards related to the physical characteristics of a chemical can be objectively defined in terms of testing requirements (e.g. flammability), health hazard definitions are less precise and more subjective. Health hazards may cause measurable changes in the body--such as decreased dmonary function. These changes are nerally indicated by the occurrence of signs and symptoms in the exposed employees--such as shortness of breath, a non-measurable, subjective feeling. Employees exposed to such hazards must be apprised of both the change in body function and the signs and symptoms that may occur to signal that change. The determination of occupational health hazards is complicated by the fact that many of the effects or signs and symptoms occur commonly in non* occupationally exposed populations, so that effects of exposure are difficult to separate from normally occurring illnesses. Occasionally, a substance causes an effect that is rarely seen in the population at large, such as angiosarcomas caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however, the effects are common, such as lung cancer. The situation is further complicated by the fact that most chemicals have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate these effects. There have been many attempts to 'egorize effects and to define them in various ways. Generally, the terms "acute" and "chronic" are used to delineate between effects on the basis of severity or duration. "Acute" effects usually occur rapidly as a result of , short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration. The acute effects referred to most frequently are those defined by the American National Standards Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-198Z)--irritation, corrosivity, sensitization and lethal dose. Although these are important health effects, they do not adequately cover the considerable range of acute effects which may occur as a result of occupational exposure, such as. for example, narcosis. Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obvious a concern in the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyacrasias (such as anemia), chronic bronchitis and liver atrophy. The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace as a result of chemical exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them. Appendix B, which is also mandatory, outlines the principles and procedures of hazard assessment. For purposes of this section, any chemicals which meet any of the following definitions, as determined by the criteria set forth in Appendix B are health hazards: 1. Carcinogen: A chemical is considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (1ARC), and found to be a carcinogen or potential carcinogen; or (b) It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the National Toxicology Program (NTP) (latest edition); or. (c) It is regulated by OSHA as a carcinogen. 2. Convsive: A chemical that causes visible destruction of, or irreversible alterations in. Living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 CFR Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces. 3. Highly toxic: A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LDm) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDto) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less If death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LCm) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or leas of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. A chemical is a akin irritant if, when tested on the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for four hours exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques. 5. Sensitizer A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical falling within any of the following categories: (a) A chemical that has a median lethal dose (LDm) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LDm) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact lor 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LC ) in air of. CCR 000000410 Federal Register / Vol. 48, No. 228 / Friday, November 25, 1983 / Rules and Regulations 53347 more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. 7. Target organ effects. The following is a target organ categorization of effects which may occur, including examples or signs and symptons and chemicals which have been found to cause such effects. These examples are presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not intended to be all-inclusive. Hapatowun*-................................................. Sam and Symplons: ................................ CfttoMcsM:....-............................................ b NwtorotoMiM:................................................. Sigra and Symptom ................................. Chsractor -................................................ e. ftownimrir................. -................................ Signs and Symptom:................... _....... Cftamcato...... ........................................... <L Agwto often uicam btood or naratopof--c yyatom. . Spa and Symptom:................................ Cftamcdfi:............................. .............. ...... a Apart* wtaen damaga ma lung:...... ......... &gra art Symptom. --...... ..................... . Ctowncafe...................... .......................... t. ftopmaewa mum...................................... Sagra and Symptom.................................. OiamieaU;................................................. g Cutaneous hazard*... Sagra and Symptom................................. Ctomcafs:.............. h Eye hazards: ............................... Sagra and Symptom .............................. CTwnecata............ .............................'........ ChamlcalB artuch produce lavea damage Jaundua: War anWgamant Carbon uvscMonda: Mroumanaa Chaanlcaia ertech prpduca tudrary darraga Edama. prototoura llatogaarlad hytPacarbons. weramv CMmeala vatucA produce thaar palmary tome eftecu on the nervous system, fwccisu. behprerai changes: decaease in motor functions Mewtey; carbon dtoulfida. Decrease hemoglobin tuncaton, deprive the body asauaw ol oirygen Cyanoala; loss of conscaousmss. Carbon monawtoe. cyanides Cherracats which mtau or damage Via putmonary (issue Cough; tignuiass in chest; shortness ol braatn. Slice; eabeatm CharrWaM which atfert the reproductive capababhes mcVidng chromosomal damage Imutations) and affects on fetuses peaetogenesis) Seth delectt, sienaty Lead: 06CP Chenscsi wtoch effect the normal layer of the body Detailing Of toe skin; rashes; emation. Ketones; chtortoeted compounds. Chemicals Which effect the eye visual capacity ConyuncMba, corneal damage Organic tofvente. acids Appendix B to 8 1900.1200--Hazard Determination (Mandatory) The quality of a hazard communication program is largely dependent upon the adequacy and accuracy of the hazard determination. The hazard determination requirement of this standard is performanceoriented. Chemical manufacturers, importers, and employers evaluating chemicals are not required to follow any specific methods for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals produced or imported in accordance with the criteria set forth in this Appendix. Hazard evaluation is a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance-orientation of the hazard determination does diminish the duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard. 1. Carcinogenicity: As described in paragraph (d)(4) and Appendix A of this section, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section. 2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered in the evaluation. 3. Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicals produced or used in the workplace. Therefore, the available results of toxicological testing in animal populations shall be used to predict the health effects that may be experienced by exposed workers. In particular, the definitions of certain acute hazards refer to specific animal testing results (see Appendix A). 4. Adequacy and reporting of data: The results of any studies which are designed and conducted according to established scientific principles, and which report statistically significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. The chemical manufacturer, importer, or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard. Appendix C to 4 1900.1200--Information Sources (Advisory) The following is a list of available data sources which the chemical manufacturer, importer, or employer may wish to consult to evaluate the hazards of chemicals they produce or import: --- Any information in their own company files such as toxicity tasting results or Illness experience of company employees. -- Any information obtained from the supplier of the chemical, such as material safety data sheets or product safety bulletins. -- Any pertinent information obtained from the following source list (latest editions should be used): Condensed Chemical Dictionary Van Nostrand Reinhold Co.. 13$ West 50th Street. New York. NY 10020 The Merck Index: An Encyclopedia of Chemicals and Drugs Merck and Company. Inc., 126 E. Lincoln Avenue, Rahway. NJ 07065 IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Man Geneva: World Health Organization, international Agency for Research on Cancer, 1972-1977. (Multivolume work). 49 Sheridan Street, Albany. New York Industrial Hygiene and Toxicology, by F. A. Patty John Wiley & Sons, inc., New York, NY (Five volumes) Clinical Toxicology of Commercial Products Gleason, Gosselin and Hodge Casarett and Doull's Toxicology; The Basic Science ofPoisons Doull. Klaaasen. and Amdur, Macmillan Publishing Co., Inc., New York, NY Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy Publishing Sciences Group. Inc., Acton, MA Toxicology of the Eye, by W. Morton Grant Charles C. Thomas. 301-327 East Lawrence Avenue, Springfield. LL Recognition ofHealth Hazards in Industry William A. Burgess. John Wiley and Sons. 605 Third Avenue. New York. NY 10158 Chemical Hazards of the Workplace Nick H. Proctor and James P. Hughes. J. P. Upmcott Company, 6 Winchester Terrace. New York, NY 10022 Handbook of Chemistry and Physics Chemical Rubber Company, 18901 Cranwood Parkway, Cleveland. OH 44128 Threshold Limit Values for Chemical Substances and Physical Agents in the Workroom Environment with Intended Changes American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Bldg- D-5, Cincinnati, OH 45211 Not*.--The following documents are on sale by the Superintendent of Documents, U.S, Government Printing Office, Washington, D.C. 20402. CCR 000000411 53348 Federal Register f Vol. 48. No. 228 / Friday, November 25, 1983 / Rules and Regulations Occupational Health Guidelines NlOSl i/OSl (A (NIOSII Pub No. 81-123) WIQSII/OSIIA I\mJhH Guide to Chuntiuul Huturds NIOSH Pub. No. 7S-Z10 Registry of Toxic Effects of Chemical Substances U.S. Department of Health and Human Service*. Public Health Service. Center for Disease Control. National Institute for Occupational Safety and Health (NIOSH Pub. No. 80-102) The Industrial Environment--its Evaluation and Control UA Department of Health and Human Services. Public Health Service. Center for Diseaee Control. National Institute for Occupational Safety and Health (NIOSH Pub. No. 74-117) Miscellaneous Documents--National institute for Occupational Safety nod Health 1. Criteria for a recommended standard * * * Occupational Exposure to 2. Special Hazard Reviews " S. Occupational Hazard Assessment 4. Current Intelligence Bibliographic Data SAaea Service Provider and File Name Bibliographic Retrieval Scrvkg* (BBS). Corporation Park Bldg. 702. Scotia. New York 12302 ACKICOLA UIOSJK PREVIEWS CA CONDENSATES <_A SEARCH DRUG INFORMATION MEDLARS MEDOC NT1S POLLUTION ABSTRACTS SCIENCE CITATION INDEX SSIE Lockheed--DIALOG. Lockheed Missiles 8 Space Company. Inc., P.O. Box 44481. San Francisco. CA 94144 ACRICOLA BIOS1S PREV 1972-PRESKNT UIOSIS PREV. 1980-71 CA CONDENSATES 1970-71 CA SEARCH 1972-76 CA SEARCH 1977-PRESENT CHEMNAME CONFERENCE PAPERS INDEX FOOD SCIENCE 6 TECH. ABSTR. FOODS ADIJBRA INTL. PHARMACEUTICAL ABSTR. N11S POLLUTION ABSTRACTS SCISEARCH 1976-PRESENT SCISEARCH 1974-77 SSIE CURRENT RESEARCH SDC--ORBIT, SDC Search Service, Department No. 2230. Pasadena. CA 91051 AGRICOLA BIOCODFS mosiK/iMUaro CA86771/CAR7I70 CAS77 CHEMDEX CONFERENCE ENVIROUNE LABORDOC NT1S POLLUTION SSIE Chemical Information System (CIS). Chemical Information Systems liu^. 7215 Yorka Road. Baltimore, MD 21212 Structure a Nomedatura Saarch System Acute Toxicity (RTECS) Qlnical Toxicology of Commercial Product! Oil and Hazardous Materials Technical Assistance Data System National Library of Medicine, Department ad Health and Human Services. Public Health Service. National Institute* of Health. Betheada, 540 20809 Toxicology Data Bank (TDB) MEDL1N TOXL1NE CANCERUT RTECS jni Ok m<ai*2? ntid u-zz-sa s*s a*j mmwa code asis m m OCR 000000412 HAZARD COKMUNCIATION FINAL RULE November 25, 1983 F.R. 53280-53348 Effective Dates; (1) November 25, 1985 -- Chemical manufacturers and importers are required to label containers they ship and provide required MSDSs. (2) November 25, 1985 -- Distributors must transmit required information to employers in SIC Codes 20-39. (3) May 25, 1986 -- Employers must be in compliance and have completed initial training of all current employees. Purpose: (1) To insure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated, and that information concerning their hazards is transmitted to affected employers and employees within the manufacturing sector (2) To address comprehensively the issue of evaluating and communicating chemical hazards to employees and to preempt any state law pertaining to this subject Scope and Application: (1) This regulation applies to chemical manufacturers and importers and employers in SIC Codes 20 through 39. Distributors must transmit required information to employers in SIC Codes 20 through 39. (2) This section applies to any chemical which is known to be present in the workplace to which employees may be exposed under normal conditions of use or in a forseeable emergency. (3) Laboratories have limited application: (a) Labels must not be removed or defaced on incoming containers (b) MSDSs which are received must be maintained and accessible to employees (c) Employees must be apprised of hazards in their workplaces CCR 0000004-13 Hazard Determination: (1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine they are hazardous. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the manufacturer. if (2) Sources are listed which establish the chemicals listed in then as hazardous or a carcinogen or potential carcinogen. (3) Procedures must be written describing how hazards of chemicals were evaluated. These procedures may be included in the written hazard communication program. The procedures are to be made available upon request to employees and representatives. Hazard Communication Program: Cl) This program must be written and describe how the requirements pertaining to the following will be met: (a) Labels and other forms of warning (b) MSDSs (c) Employee information and training (2) It must also include: (a) A list of hazardous chemicals compiled by workplace or by areas (b) The methods used to inform employees of the hazards of non-routine tasks, and hazards associated with chemicals in unlabeled pipes in their work area (c) The methods used to inform contractor employers of the hazardous chemicals their employees may be exposed to (3) The program must be made available upon request to employees, representatives and OSHA. Labels and Other Forms of Warning: (1) Chemical manufacturers, importers, or distributors must ensure that each container of hazardous chemicals leaving the workplace is labeled with: (a) Identity of hazardous chemicals (b) Appropriate hazard warnings (c) Name and address of the chemical manufacturer, importer, or ocher responsible party CCA 0000004-1 ^ 2 (2) Employers shall ensure each container of hazardous chemicals in the workplace is labeled with: (a) Identity of hazardous chemicals (b) Appropriate hazard warnings (3) Employers may use signs, placards, process sheets, batch tickets, operating procedures or other written material instead of putting labels on individual stationary process containers. This must be accessible to employees in their work area throughout each work shift. Portable containers need not be labeled if content is used during the same workshift by the employee who did the transfer. Material Safety Data Sheets: (1) Chemical manufacturers and importers shall obtain or develop MSDSs for each hazardous chemical they produce or import. Employers shall have a MSDS for each hazardous chemical which they use, (2) Specific information is required on the MSDS. New information must be added within three months. (3) MSDSs must be provided with the initial shipment and the first shipment after an update. MSDSs may accompany the container or be sent to the purchaser prior to or at the time of shipment. (4) All employers are required to maintain MSDSs for each hazardous chemical in the workplace and make them readily accessible to employees when in work areas. (5) MSDSs may address processes rather than individual hazardous chemicals. Employee Information and Training: (1) Information and training must be provided at the time of initial assignment and whenever a new hazard is introduced in the work area. (a) Information: (1) Requirements of this section (2) Operations where hazardous chemicals are present (3) Location and availability of the written hazard communication program, including required lists and MSDSs. OCR 0000004-15 3 (1) Methods and observations used to detect presence or release of a hazardous chemical (2) Physical and health hazards of chemicals in work area (3) Measures employees can take to protect themselves from hazards (4) Details of the hazard communication program, and how employees can obtain and use the appropriate hazard information Trade Secrets: (1) Manufacturers, importers or employers may withhold the identity and other specific identification of a hazardous chemical from the MSDS provided specific requirements are met. (2) Emergency and non-emergency situations are addressed pertaining to release of trade secret information. CCR 0000004-1 Hazard Determination - Mixtures (48 Federal Register 53342) The chemical manufacturer, importer or employer shall determine the hazards of mixtures of chemical as follows: (i) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to deter mine whether the mixture is hazardous? {ii) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture hall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen under paragraph (d)(4) of this section; (iii) If a mixture has not been tested as a whole to deter mine whether the mixture is a physical hazard, the chemical manu facturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and (iv) If the employer has evidence to indicate that a com ponent present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an estab lished OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard. CC* 000000417 Material Safety Data Sheets Required Contents [1910.1200(g) - 48 Federal Register 53343-44] 1. MSDS must be in English. 2. Must contain following information: o The identity used on the label (except as provided in provisions for trade secrets)? o Single-substance include its chemical and common name(s); o Mixture, if tested as a whole, include the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself; or o Mixture (not tested on a whole) -- include chemical and common name of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as car cinogens under standard shall be listed if the concentra tions are 0.1% or greater; and, the chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture; o Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point); o The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity? o The health hazards of the hazardous chemical, including signs and symptons of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical; o The primary route(s) of entry; o The OSHA permissible exposure limit, ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available; o Whether listed as a carcinogen in NTP Annual Report on Carcinogens (latest edition) or identified as a potential carcinogen by IARC or OSHA. CCR 000000416 2 o Generally applicable precautions for safe handling and use, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks. o Generally applicable control measures, e.g., engineering, work practice, personal protective equipment; o Emergency and first aid procedures; o Date of preparation or last change; and o Name, address, and telephone number of responsible party preparing or distributing MSDS. CCS 000000419 C.S. Department of Labor Regional Offices for tItc Occupational Safely and Mi-ahli Administration Region I (< I , MA, MK. Ml. Rl, VT) I 6 1 S Nut ill Sireet 1 Dm k Square Biiihiinp 4t!i { loor Boston. M \ 02109 relej'hmie (M7) 223-6710 Region 11 iN.J, NY. Puerto Rieo, Virgin Islands) ) Astof I'l.i/a. Room 3445 1515 Broad*ay New Anrk. NV 10036 lelephone (212) 944-3426 Region III 1 DC. I)!!. Ml). PA. YA, \VV) G.Uevsay Building. .Suite 2100 tS35 Market Sireet Philadelphia. PA 19104 k-Uphane: Cl?) 596-1201 Region IV IAI., H,, CA. KY. MS, NC, SC, TN) )375 I'eaihirrc Street. N.F. Suite 5X7 Atlanta, GA 30367 Felephonc: (40-1) 881-3573 Region V ill.. IN, Ml. MN. Oil. Wl) 2 3Q South Dearborn Street 32nd Floor, Room 3244 Chicago, II. 60604 `Mephone: (M2) 353-2220 Region VI (AR, LA, NM, OK, TX) S55 Griffin Square Bldg., Room 602 Dallas, TX 75202 Telephone: (214) 767-4731 Region Vlf (IA, KS, MO, NK) 911 Walnut Street, Room 406 Kansas City, MO 64J06 Telephone: (816) 374-5R61 Region VIII (CO, MT, NO, SD, UT, WY) Federal Building, Room 1554 1961 Stout Street Denver, CO 80294 Telephone: (303) 837-3061 Region IX (AZ, CA, HI, NV, American Samoa, Guam, Pacific Trust Territories) Box 36017 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 556-7260 Region X (AK, ID, OR, \VA) Federal Office Building Room 6003 909 First Avenue Seattle, WA 98174 Telephone: (206) 442-5930 About This Pamphlet The information contained in this flyer is not considered as a substitute for any provisions of the Occupational Safety and Health Act of 1970 or for any standards issued by the O 'national Safety and Health A .nistration. 14670 Chemical Hazard Communication U S. Department of Labor Raymond J. Donovan, Secretary Occupational Safety and Health Administration Thorne G. Auchter, Assistant Secretary 1983 OSHA 3084 CCR 0 0 0 0 0 0 4 -2 0 Chemicals in the Workplace Approximately 25 million workers--about one in four in the nation's work forte -arc exposed to one or more chemical hazards. There arc an estimated 575.0(H) existing chemical products, and hundreds of new ones being introduced annually. This poses a serious problem for exposed workers. Chemical exposure may cause or contribute to many serious health cflocJs such as heart ailments, kidney and lung damage, sterility, liimff. hums, and rashes. Some chemicals may also be safety hazards and base the potential to cause fires and explosions and other serious accidents. Because of the seriousness of these safety and health problems and the lack of information available to many employees and employers, the Occupational Safety and Health Administration (OSHA) has issued a new final standard entitled "Hazard Communication" (29 CFR 19)0.1200). The goal of the standard is to reduce the incidence of chemical source illnesses and injuries in the manufacturing industries. The purpose of the hazard communication standard is to establish uniform requirements to make sure that the hazards of all chemicals produced, imported, or used within the United States' manufacturing sector [Standard Industrial Classification (SIC) Codes 20 through 39j arc evaluated, and that this hazard information is transmitted to affected employers and employees. Chemical manufacturers and importers must convey hazard information to downstream employers by means of labels on containers and material safety data sheets (MSDS). In addition, all covered employers arc required to have a hazard communication program to provide the information to their employees by means of container labeling and oilier forms of warning, MSDS, and (raining. This will ensure that all employers receive the information they need to inform and train their employees properly and to design and put in place employee protection programs. It will also provide necessary hazard information to employees, so they can participate in, and support, the protective measures instituted in their workplaces. Hazard Evaluation Ifi ality of the hazard communication program is largely dependent on the adequacy and accuracy of the hazard assessment. Chemical manufacturers and importers are required to review the available scientific evidence concerning the hazards of the chemicals they produce or import, and to report the information they find to iheir employees and to manufacturing employers who purchase their products. Downstream employers can rely on the evaluation performed by the chemical manufacturer or importer to establish their hazard communication programs. The chemical manufacturers, importers, and employers are responsible for the quality of the hazard determinations they perform. Each chemical is to be evaluated for its potential to cause adverse health effects and its potential to pose physical hazards, such as flammability. (Definitions of hazards covered are included in the standard.) Chemicals which are listed in one of the following sources are to be considered hazardous in all cases: 29 CFR 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA). and Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH). In addition, chemicals which have been evaluated and found to be a suspect or confirmed carcinogen in the following sources are to be reported as such: National Toxicology Program (NTP), Annual Report on Carcinogens, International Agency for Research on Cancer (1ARC), Monographs, and 29 CFR 1910, Subpart Z, Toxic and Hazardous LSubstances, Occupational and Health Administration (OSHA). Written Hazard Communication Program Employers must establish a written, comprehensive hazard communication program which includes provisions for container labeling, material safety data sheets, and an employee training program. It must also contain a list of the hazardous chemicals in each work area, the means the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), hazards associated with chemicals in unlabeled pipes, and the way the employer will inform contractors in manufacturing facilities of the hazards to which their employees may I posed. The written program does not have to be lengthy or complicated and some employers may be able to rclv on p*iciin CCR 0 0 0 0 0 0 4 -2 1 .uuimmic.ition programs to comply with llic above requirements. The written program must be available to employees, their designated representatives, the Assistant .Secretary for Occupational Safety and Health, ami the Director of the National Institute for Occupational Safety am) Health (NIOSII). Labels and Other Forms of Warning Chemical manufacturers, importers, and distributors must be sure that containers of hazardous chemicals leaving the workplace arc labeled, tagged or marked with the identity, appropriate hazard warnings, and the name and address of the manufacturer or other responsible party. In the workplace, each container must be labeled, tagged or marked with the identity of hazardous chemicals contained therein, and must show hazard warnings appropriate for employee protection. The hazard warning can be any type of message, words, pictures, or sv mbols which convey the hazards of the chcmical(s) in the container. Labels must be legible, in English (plus other languages, if desired), and prominently displayed. Several exemptions to in-plant individual container labels are given: Employers can post signs or placards which convey the hazard information if there arc a number of stationary containers within a work area which have similar contents and hazards. V.itious types of standard operating procedures, process sheets, batch tickets, blend tickets, and similar written materials can be substituted for container labels on stationary process equipment if they contain the same information and arc readily available to employees in the work area. Employers are not required to label portable containers, into which hazardous chemicals arc transferred from labeled containers, and w bich arc intended only for the immediate use of the employee who makes the transfer. Employers are not required to label pipes or piping systems. Material Safety Data Sheets (MSDS) Chemical manufacturers and importers must develop material safely data sheets for each hazardous chemical they produce or import. Employers arc responsible for obtaining or developing a MSDS for each hazardous chemical used in their workplaces. The following summarizes the MSDS section in the standard 29 CFR 1910.1200. Each MSDS must be in English and include information regarding the specific chemical identity of the hazardous chemical(s) involved and (be common names. Beyond the identity information, (he employer must provide information on the physical and chemical characteristics of the hazardous chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by NTP, IARC, or OSHA; precautionary measures; emergency and first aid procedures; and the identification of the organization responsible for preparing the sheet. Copies of the materia! safety data sheet-for hazardous chemicals in a given work site are to be readily accessible to employees in that area. As a source of detailed information on hazards, they must be located close to workers, and readily available to them during each workshift, Employee Information and Training Employers must establish a training and information program for employees exposed to hazardous chemicals in their work area at the time of initial assignment and whenever a new hazard is introduced into their work area. When this standard takes effect, all employees covered by the standard must have received training equivalent to the required initial assignment training. Information The discussion topics must include, at least: The existence of this hazard communication standard and the requirements of the standard. The components of the hazard communication program in the employees' workplaces. Operations in their work area where hazardous chemicals are present. Where the employer will be keeping the written hazard evaluation procedures, communications program, lists of hazardous chemicals, and the required material safety data sheets. Training The employee training plan must consist of; How the hazard communication program is implemented in that workplace, how to read and interpret information on labels and MSDS, and how employees can obtain and use the available hazard information. The hazards of the chemicals in the work area. CCR 0 0 0 0 0 0 4 2 2  Measures employees can lake to protect themselves from the hazards. Specific procedures put into effect by the employer to provide protection such as work practices and the use of personal protective equipment (PPH). Methods and observations--such as visual appearance or smell --workers can use to detect the presence of a hazardous chemical they may be exposed to. Trade Secrets A "trade secret" is something that gives an employer an opportunity to obtain an advantage over competitors who do not know it or use it. lor example, a trade secret may be a confidential device, pattern, information, or chemical make-up. Chemical industry trade secrets are generally formulas, process data, or a "specific chemical identity," The latter is the type of trade secret information referred to in the hazard communication standard. The term includes the chemical name, the Chemical Abstracts Services (CAS) Registry Number, or any other specific information which reveals the precise designation. It does not include common names. The standard strikes a balance between the need to protect exposed employees and the employer's need to maintain the confidentiality of a bona fide trade secret. This is done by providing for limited disclosure to health professionals who are furnishing medical or other occupational health services to exposed employees, under specified conditions of need and confidentiality. Medical Emergency The chemical manufacturer, importer, or employer must immediately disclose the specific chemical identity of a hazardous chemical to a treating physician or nurse when the information is needed for proper emergency or first aid treatment. As soon as circumstances permit, the chemical manufacturer, importer, or employer may obtain a written statement of need and a confidentiality agreement. Under the contingency described here, the treating physician or nurse has the ultimate responsibility for determining that a medical emergency exists. At the lime of the emergency, the professional judgment of the physician or nurse regarding the situation must form tb * isis lor triggering the immediate disclosure requirement. Because ;! icmical manufacturer, importer, or employer can demand a written statement of need and a confidentiality agreement to be completed after the emergency is abated, further disclosure of the trade secret can be effectively controlled. Non-Emergency Situation In non-emergency situations, chemical manufacturers, importers, or employers must disclose the withheld specific chemical identity to health professionals providing medical or other occupational health services to exposed employees if certain conditions are met. In this context, "health professionals" include physicians, industrial hygienists, toxicologists, or epidemiologists. The request for information must be in writing and must describe with reasonable detail the medical or occupational health need for the information. The request of the health professional will be considered if the information will be used for one or more of the following activities: To assess the hazards of the chemicals to which employees will be exposed. To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels. To conduct pre-assignment or periodic medical surveillance of exposed employees. To provide medical treatment to exposed employees. To select or assess appropriate personal protective equipment for exposed employees, To design or assess engineering controls or other protective measures for exposed employees. To conduct studies to determine the health effects of exposure. The health professional must also specify why alternative information is insufficient. The request for information must explain in detail why disclosure of the specific chemical identity is essential, and include the procedures to be used to protect the confidentiality of the information. It must include an agreement not to use the information for any purpose other than the health need stated or to release it under any circumstances, except to OSI1A. The standard further describes in detail the steps that will be followed in the event that an employer decides not to disclose tf ecific chemical identity requested by the health professional. cca 0000004-23