The New Hazard Communication Standard

Presented by Peter Henson, I.C.E., CPMR, CSBA

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Introduction to the Globally Harmonized System of Classification and Labeling

of Chemicals (GHS)

The New Hazard Communication Standard

Agenda

• OSHA Revised Hazard Communication Standard (HSC) – what is it?

• Why is OSHA changing the Standard?• What are the changes?• When is the timeline for implementation?• How does this effect you?• How can you provide value to your customers and increase sales at the same time

        (a) Purpose.

        (a)(1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazards is transmitted to employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training.

HazCom 1994 Regulatory Text

What is Changing?• OSHA is revising the HCS to align with the United Nations’ Globally Harmonized System of classification and Labeling of Chemicals

• Two Major Changes• New Labeling Elements• Standardized Format for Safety Data Sheets (SDSs) formally known as Material Safety Data Sheets (MSDS)

• First deadline is December 1st, 2013

Be The “Go-To” Person

• Your customers will need help with compliance

• Provide this service and help your customer thereby improving your business on multiple levels

• Great opportunity to deepen your relationship with key accounts

Global Harmonization System

• Improve worker understanding of the hazards associated with the chemicals in the work place

• Requirements phased in over the next 3 years to allow employers comply

• Employers MUST have trained their employees on the new labels and SDS sheets by 12/1/13

Minimum Requirements

•Training on label elements must include:•Product Identifier•Signal word•Pictogram•Hazard Statements•Precautionary Statement(s)•Contact info for mfg and/or distributor

Minimum Requirements

• How an employee might use the labels in the workplace, i.e. – explain how information on the label can be used to insure proper storage of chemicals

• General understanding of how elements work together on a label, i.e. – explain that when a chemical has multiple hazards, different pictograms are used to identify the various hazards.

Why is this Important?

* Photos taken March 2013 at Healthcare Facility

OSHA Fines and Penalties• Other Than Serious Violation

• A proposed penalty of up to $7,000 for each violation is discretionary. A penalty for an other-than-serious violation may be adjusted downward by as much as 95 per cent, depending on the employer’s good faith, history of previous violations, and size of business.

• Serious Violation• A mandatory penalty of up to $7,000 for each violation is proposed. This may be adjusted

downward per above.• Willful violation

• Up to $70,000 may be proposed with a minimum penalty of $5,000 for each violation. This may be adjusted downward per above. Usually, no credit is given for good faith.

• If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to six months, or both. A fine of up to $250,000 for an individual, or $500,000 for a corporation, may be imposed for a criminal conviction.

• Repeated Violation• Upon re-inspection, a substantially similar violation can bring a fine of up to $70,000 for each

such violation.• Failure to Abate Prior Violation

• May bring a civil penalty of up to $7,000 for each day the violation continues beyond the prescribed abatement date.

• De Minimis Violation• Violations of standards which have no direct or immediate relationship to safety or health.

OSHA Fines and Penalties• Falsifying records, reports or applications can bring a fine

of $10,000 or up to six months in jail, or both.• Violations of posting requirements can bring a civil penalty

of up to $7,000.• Assaulting a compliance office, or otherwise resisting,

opposing, intimidating, or interfering with a compliance officer while they are engaged in the performance of their duties is a criminal offense, subject to a fine of not more than $5,000 and imprisonment for not more than 3 years.

OSHA Fines and PenaltiesOSHA Fines Eagle Janitorial for Violations at Le Moyne College

“Federal Occupational Safety and Health Administration (OSHA) inspectors found five safety and/or health hazards to custodians at Le Moyne College, which contracts with Eagle Janitorial Services to keep campus facilities clean. Eagle Janitorial has been fined more than $10,000 for the violations, all of them deemed “serious.” OSHA inspected the worksite Jan. 23, 2013; the fines come as a result of a formal complaint filed against Eagle Janitorial by Service Employees International Union (SEIU) Local 200 United on Jan. 14, 2013.OSHA issued its ruling on Feb. 15, 2013, and gave Eagle Janitorial from two to four weeks to abate the violations, or pay fines. An informal conference between Eagle Janitorial and OSHA has been scheduled for Tuesday, March 5, at OSHA’s offices at 3300 Vickery Road, North Syracuse. As an interested party, SEIU representatives will be present.Among the violations cited:

• Employees have not been provided with hazard communication training; • Employees who handle cleaning products have not been supplied with personal protective equipment; • Translators are not in place to train non-English speaking employees about chemical hazards; • Material Safety Data Sheets (MSDS) are not maintained and available to employees; • Employee eyewash stations are not provided where corrosive chemicals are handled.

All violations are deemed serious by OSHA and carry varying fine amounts, all totaling more than $10,000.”

Updated Labeling Requirements

Pictogram Standards

  Category 1 Category 2 Category 3 Category 4 Category 5LD50 £ 5 mg/kg > 5 < 50 mg/kg ³ 50 < 300 mg/kg ³ 300 < 2000

mg/kg³ 2000 < 5000 mg/kg

Pictogram No symbol

Signal word Danger Danger Danger Warning Warning

Hazard statement

Fatal if swallowed Fatal if swallowed

Toxic if swallowed

Harmful if swallowed

May be harmful if swallowed

HMIS vs. Category Levels

Effective Completion Date Requirement(s) Who

December 1, 2013 Train employees on the new label elements and safety data sheet (SDS) format.

Employers

June 1, 2015 December 1, 2015

Compliance with all modified provisions of this final rule, except: The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label

Chemical manufacturers, importers, distributors and employers

June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

Employers

Transition Period to the effective completion dates noted above

May comply with either 29 CFR 1910.1200 (the final standard), or the current standard, or both

Chemical manufacturers, importers, distributors, and employers

Important Dates

Next Steps

• Get the word out• See what your customers need support with

• Use this opportunity to review other potential safety/OSHA workplace compliance topics/issues

• Offer solutions that translate to sales

Solution Selling• Envirox: Safe, Simple, Savings• Impact Products:

• OSHA Safety audit: • Right to Know Centers, • Eye Wash Stations, • Back Supports, Eye Protection, • Dust Masks, • Non-slip Stripping Shoes, • Gloves, • Bloodborne Pathogen Kits, • First Aid Kits

• Ergonomics: Microfiber, Mopping Equipment, etc.

Thank you!