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focus-area/safety-and-health/hazard-communication
555326392
['Hazard Communication']

The HazCom standard covers any chemical known to be present in the workplace that employees may be exposed to under normal conditions or in a “foreseeable emergency.” Hazard communication begins with chemical hazard evaluation and classification by chemical manufacturers and importers. Using this information, employers must identify and list hazardous chemicals in their workplaces (e.g., create and maintain a chemical inventory), establish a written HazCom program, ensure safety data sheets (SDSs) are received and containers are labeled, and communicate hazard information to employees through proper labels, SDSs, and formal training programs.

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Hazard communication

The Occupational Safety and Health Administration’s (OSHA’s) hazard communication, or HazCom, standard (HCS) applies to general industry, construction, shipyard, marine terminals, and longshoring employment. Any employer with one employee and one hazardous chemical is covered. As defined at 1910.1200(c), “hazardous chemical” means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.

The HCS covers “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.” Most chemicals used in the workplace have some hazard potential, and thus will be covered by the rule.

The hazardous nature of the chemical and the potential for exposure are the factors that determine whether a chemical is covered. If the chemical is not hazardous per OSHA’s definition at 1910.1200(c), it is not covered by the standard. If there is no potential exposure, the chemical is not covered by the standard. Under the HCS, “exposure or exposed” means that an employee is subjected in the course of employment to a chemical that is a physical or health hazard, and includes potential (e.g., accidental or possible) exposure. “Subjected” in terms of health hazards includes any route of entry (e.g., inhalation, ingestion, skin contact, or absorption).

Exemptions from coverage

  • Certain hazardous substances are exempt from coverage by the Hazard Communication standard.

Certain hazardous substances are regulated by other agencies; therefore, the Occupational Safety and Health Administration (OSHA) has exempted them from coverage by the Hazard Communication standard. The standard does not apply to the following substances:

  • Any hazardous waste, as defined and regulated under the Resource Conservation and Recovery Act (RCRA).
  • Any hazardous substance, as defined and regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
  • Tobacco or tobacco products.
  • Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard the products pose to employees is the potential for combustion.
  • Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store or restaurant) and foods intended for personal consumption by employees while in the workplace.
  • Any drug as defined by the federal Food, Drug, and Cosmetic Act (FD&C Act) when it is in solid, final form for direct administration to the patient (e.g., pills), drugs packaged by the chemical manufacturer for sale to consumers (e.g., over-the-counter drugs), and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies).
  • Cosmetics packaged for sale to consumers and those intended for personal use by employees in the workplace.
  • Any consumer product or hazardous substance as defined in the Consumer Product Safety Act and Federal Hazardous Substances Act respectively, used in the workplace in the same manner as normal consumer use, and which use results in exposure which is not greater than exposures experienced by consumers.
  • Nuisance particles when they do not pose any physical or health hazard covered by the HazCom standard.
  • Ionizing and nonionizing radiation.
  • Biological hazards.
  • Articles.

Articles

  • Articles are exempt from the HazCom standard requirements.
  • If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use.

“Articles” are exempt from the requirements of the HazCom standard (HCS). An article is defined as a manufactured item other than a fluid or particle which:

  • Is formed to a specific shape or design during manufacture,
  • Has end use function(s) dependent in whole or in part upon its shape or design during end use, and
  • Must not release more than very small quantities (e.g., minute or trace amounts) of a hazardous chemical, or pose a physical hazard or health risk to employees under normal conditions of use.

It may be difficult to define what is considered “normal conditions of use.” An employer may have a manufactured item that meets the definition of an article, but if it is burned, it produces a hazardous byproduct. The question then becomes, is burning “normal use” for the product? If burning occurs during its normal use, then it cannot be exempted as an article.

Normal use does not include incidental exposure.

If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use. The item would be considered an article under the HCS, and thus exempted. Stainless steel tables, vinyl upholstery, and tires are such articles.

Basically, if the product will be processed in some way after leaving the manufacturing site — heated, welded, glued, sawed, etc. — and a hazardous chemical could be emitted, it probably will not qualify for the article exemption.

Items that are covered by HCS include (this is not an exhaustive list):

  • Bricks,
  • Metal ingots,
  • Wood products where the hazard is not just combustion (e.g., wood that is cut is covered since the sawdust created during the cut creates a respiratory hazard),
  • Hazardous drugs not in final form or a solid (e.g., drugs that are crushed or dissolved prior to administration),
  • Combustible dusts,
  • Simple asphyxiants,
  • Welding rods/wire,
  • Acid batteries,
  • Switches with mercury in them when a certain percentage break under normal conditions of use,
  • Fabric treated with formaldehyde where downstream garment manufacturing employees will be exposed when making clothing,
  • Consumer products not used in the quantities and the manner that a consumer would use them, and
  • Oil and gas products.

What are the requirements?

  • Responsibilities for communicating hazards differ based on how a company uses the chemicals.

Depending on whether a business manufactures, distributes, sells, or simply uses chemicals, the requirements under the HazCom standard vary. Chemical manufacturers have the most stringent requirements in that they are responsible for classifying chemicals as to their hazards. However, employers who use hazardous chemicals have responsibilities to communicate information to employees about the hazards of the chemicals they work with.

Responsibilities for communicating hazards

Chemical manufacturers and importers
  • Classify the hazards of each product.
  • Communicate the hazard information and associated safety measures downstream to customers through labels and safety data sheets (SDSs).
Distributors
  • Communicate the hazard information and associated safety measures downstream to customers (other distributors and end-users) through labels and SDSs.
Employers
  • Identify and list hazardous chemicals in the workplaces.
  • Obtain SDSs and labels for each hazardous chemical.
  • Develop and implement a written hazard communication program, including labels, SDSs, and employee training, based on the list of chemicals, SDSs and label information.
  • Communicate hazard information to employees through labels, SDSs and formal training programs.
Employers in work operations where employees only handle chemicals in sealed containers
  • Ensure that labels on incoming containers are not removed.
  • Maintain SDSs that are received.
  • Provide SDS upon employee request.
  • Provide training relative to spills and leaks.
Retail distributors
  • Provide SDS upon request to commercial customers.
  • Post a sign to inform customers that SDSs are available.

Laboratories and handling chemicals in sealed containers

  • Laboratories do not need to have a written HazCom program and list of chemicals.
  • Certain actions must be done in work operations where employees only handle chemicals in sealed containers.

Laboratories

In laboratories, employers do not have to have a written HazCom program and list of chemicals. They do have to:

  • Make sure that labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain any safety data sheets (SDSs) that are received with incoming shipments of hazardous chemicals,
  • Make SDSs readily accessible during each work shift to laboratory employees when they are in their work areas, and
  • Provide laboratory employees with information and training on the chemical hazards in the work area, methods to detect exposures, ways to protect themselves, and so on.

Handling chemicals in sealed containers

In work operations like warehouses, where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, employers must:

  • Make sure container labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals,
  • Obtain an SDS as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests it,
  • Make SDSs available during each work shift to employees when they are in their work area(s), and
  • Provide employees with information and training in accordance with 1910.1200(h) as needed to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.

Hazard classification procedures

  • There are four steps in the process of hazard classification.

The basis for hazard communication is the chemical hazard evaluation and classification.

Those who know the most about the chemicals — the chemical manufacturers and importers — must classify the hazards of the chemicals they produce or import and convey hazard information to downstream employers where the chemicals are used.

An employer that manufactures, processes, formulates, blends, mixes, repackages, or otherwise changes the composition of a hazardous chemical is also considered a “chemical manufacturer.”

Hazard information is standardized, both in the evaluation and classification method, as well as in label elements, safety data sheet (SDS) elements, and hazard statements. In other words, if a chemical is determined to be a “Category 1 flammable gas” there is a predetermined pictogram, signal word and other label elements, hazard and precautionary statements, based upon that classification that must be used.

Chemical manufacturers and importers classifying chemicals must identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. The process of hazard classification consists of four basic steps:

  • Selection of chemicals to evaluate,
  • Collection of data,
  • Analysis of the collected data, and
  • Records of the rationale behind the results obtained.

OSHA requires chemical manufacturers to consult Appendix A to 1910.1200 for classification of health hazards, and Appendix B to 1910.1200 for the classification of physical hazards.

Mixtures and by-products

  • It is recommended to use the test data for the complete mixture, if available.
  • During hazard determination or hazard classification, account for any hazardous by-products.

Mixtures

Chemical manufacturers and importers evaluating chemical mixtures must follow the procedures described in Appendices A and B to 1910.1200. Under the HazCom standard, it is recommended to use the test data for the complete mixture, if available. If not, then there are other options for classifying the mixture using “bridging principles” based on ingredients and data.

By-products

Hazard determination or hazard classification must anticipate the full range of downstream uses of products and account for any hazardous by-products which may be formed. Decomposition products produced during normal conditions of use or in foreseeable emergencies for the product are covered.

For example, a manufacturer of gasoline must inform downstream users of the hazards of carbon monoxide, since carbon monoxide is a hazardous chemical and is “known to be present” as a by-product resulting from the use of gasoline.

Testing is not required

  • Testing, unlike collection and analysis of data, is not required for the HazCom standard.

The standard does not require the testing of chemicals — only the collection and analysis of currently available data. Nevertheless, if no data is available or it is questionable, testing should be considered when hazardous properties are suspected.

Tests conducted according to internationally recognized scientific principles can be used for purposes of hazard classification. In the case of health hazards, for example, this includes the results of valid in vitro tests, relevant animal data, and human experience, such as epidemiological and clinical studies, and well-documented case reports and observations.

If no hazards are found, the manufacturer, importer, or employer is not required to take further action pertaining to the evaluated chemical.

Hazard class and category

  • Classify substances by “Hazard Classes” and assign a “Category” for severity.
  • Hazard classes are further sub-divided into hazard categories.
  • Low hazard categories mean higher severity in a class.

OSHA requires that these parties evaluate and classify each substance using pre-determined “Hazard Classes” (e.g., “flammable gas”). After that has been done, the manufacturer or importer must then assign a “Category” to show severity of the hazard.

OSHA uses “hazard class” and “hazard category” to further break down the hazardous effects of chemicals or mixtures into levels of severity. OSHA does not classify nor approve of classification of chemicals.

OSHA says that the breakdown of hazard classes into categories that reflect different severities or levels of effect will provide both employers and employees with more precise information to:

  • Understand the hazards,
  • Determine the risks in the workplace, and
  • Respond to exposure incidents.

A “hazard class” is defined as “the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.” Most hazard classes are further sub-divided into categories of hazard.

The definitions of the physical or health hazard classes are specific and detailed. Each hazard or endpoint (e.g., explosives, carcinogenicity) is a hazard class.

The definition of “hazard category” is the division of criteria within each hazard class that compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.

The lower the category number, the higher the severity within that class (for example, a Category 1 flammable gas is more flammable than a Category 2). Depending on the class, there can be up to five categories.

The HazCom standard includes the classification criteria for 11 health hazard classes. In many cases, a chemical may pose more than one type of health hazard.

OSHA’s guidance on determining health hazards can be viewed in Appendix A to 1910.1200, Health Hazard Criteria.

OSHA’s guidance on determining physical hazards can be viewed in Appendix B to 1910.1200, Physical Criteria.

OSHA defined hazards and HNOC

  • Defined hazards include pyrophoric gases, simple asphyxiants, and combustible dusts.

OSHA has also added three “defined hazards” into the HazCom standard to address known hazards that have no corresponding Globally Harmonized System (GHS) classification. These OSHA defined hazards are:

  • Pyrophoric gases
  • Simple asphyxiants
  • Combustible dusts

Hazards not otherwise classified (HNOC)

A “hazard not otherwise classified ” is a chemical with adverse physical or health effects which either fall below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).

Hazardous wastes

  • Many wastes not covered by RCRA do not fall under the scope of the HazCom standard.

The HazCom rule does not apply to “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.”

A vast majority of wastes that are not covered by the Resource Conservation and Recovery Act (RCRA) do not exhibit any hazardous properties, and therefore do not fall under the scope of the HazCom standard. However, there is a small subset of these waste materials that may exhibit some level of hazard (such as toxicity) if ingested, injected, absorbed, or inhaled in significant quantities.

Examples of hazardous wastes that are not covered by RCRA include:

  • Non-RCRA regulated commercial solid waste.
  • Electronic wastes (recycled computers, cell phones, electronic devices).
  • Household hazardous wastes.
  • Waste products that are clearly non-RCRA hazardous wastes, but may require a Department of Transportation (DOT) hazard label because of chemical properties.

When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6). For a non-RCRA waste product, the HazCom standard does not require that the waste generator create their own label or safety data sheet (SDS); however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

Labels

  • Labels provide immediate warning and must be on the immediate container of each hazardous chemical.
  • Shipped containers of hazardous chemicals must have six different required label elements.

Summary of requirements

The HazCom standard requires that a label must be on the immediate container of each hazardous chemical. The label provides an immediate warning of the hazards and protective information related to the chemical and is a summary of the more detailed information available on the safety data sheet (SDS).

Labels are not intended to be either the sole or the most complete source of information regarding the nature or identity of the hazardous chemicals in the container. The chemical identity on the label must match the chemical’s SDS, which contains more extensive information. The chemical manufacturer, importer, or distributor is required to:

  • Provide labels on shipped containers with all the required label elements for the hazard class(es).
  • Update labels within six months of becoming aware of any new hazard information and ensure that labels on containers shipped after that time contain the new information.

Employers are required to ensure that:

  • Containers of hazardous chemicals in the workplace are labeled.
  • Labels remain readable and are not smudged or defaced.
  • Labels are at least in English.
  • Employees are trained on the labels used in the workplace.

Labels on shipped containers

All shipped containers of hazardous chemicals must be labeled with the required label elements:

  • Product identifier,
  • Signal word,
  • Pictogram,
  • Hazard statement(s),
  • Precautionary statement(s), and
  • Name, address and phone number of the responsible party.

Labeling exemptions

Many government agencies require labeling on items they regulate. Even though the chemicals themselves are covered under HazCom, the Occupational Safety and Health Administration (OSHA) does not require hazard communication labeling for the following chemicals:

  • Any pesticide, labeled under the Federal Insecticide, Fungicide, and Rodenticide Act.
  • Any chemical substance or mixture labeled under the Toxic Substances Control Act.
  • Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device labeled under the Federal Food, Drug, and Cosmetic Act or the Virus-Serum-Toxin Act.
  • Any alcoholic beverages, wine or beer intended for nonindustrial use, labeled under the Federal Alcohol Administration Act.
  • Agricultural or vegetable seed treated with pesticides and labeled under the Federal Seed Act.
  • Any consumer product or hazardous substance, labeled under the Consumer Product Safety Act.

Required pictograms under HazCom

  • GHS pictograms are required on labels of shipped containers and help identify physical and health hazards.

Pictograms are one of the required elements on labels of shipped containers and help identify physical and health hazards.

On shipped containers, pictograms consist of a red square frame set at a point with a black hazard symbol on a white background, sufficiently wide to be clearly visible. On workplace (or in-plant) labels only, pictograms may have a black border, rather than a red border.

The Globally Harmonized System (GHS) uses nine pictograms, but the Occupational Safety and Health Administration (OSHA) did not adopt the environmental pictogram. It may be seen on labels and safety data sheets (SDSs) to convey environmental hazards, and it may provide useful information to use in managing chemicals, but its use is not required by the HazCom standard.

Label design and in-house labeling

  • Labels must be legible and pictograms, signal words, and hazard statements should be together on the label.
  • Maintain the labels of any containers received already labeled from the supplier.

The label format or layout is not specified by the Occupational Safety and Health Administration (OSHA), except to require that the pictograms, signal word, and hazard statements should be located together on the label. OSHA states that the three elements should appear in “the same field of view.”

There are also no guidelines or requirements on label size. However, OSHA says that labels must be legible without the use of any aid except corrective lenses if the person reading the label normally must wear glasses. If the label is not legible, it is not in compliance.

In-house labeling

For those containers that are received already labeled from the supplier, simply maintaining the label on the container is the best and easiest option. If materials are transferred in the workplace from labeled containers into other containers, the employer must ensure that these are labeled as well, unless they fall under the portable container exemption.

In-house containers of hazardous chemicals must be labeled, tagged, or marked with either:

  • The same label information required on shipped containers (apart from the supplier identification), or
  • A product identifier and words, pictures, symbols, or some combination that provides general hazard information regarding the physical and health hazards of the hazardous chemical.

The employer shall ensure that workplace 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.

For in-house purposes, the employer can re-label using the label elements found on the original, shipped container, or use an alternative labeling system, such as the National Fire Protection Association (NFPA) or the Hazardous Materials Identification System (HMIS®).

HMIS® and NFPA labeling systems

  • If using an alternative labeling system, it cannot conflict with HazCom.

The Occupational Safety and Health Administration (OSHA) says that employers who use general, nonspecific in-plant labeling systems such as the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA) must ensure through their hazard communication program that their employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings.

If an employer does choose to use an alternative labeling system, it may not conflict with HazCom. For example, under the HazCom standard, labels of chemicals that present specific target organ toxicity hazards must display the health hazard symbol. The skull and crossbones symbol is used only for certain acute toxicity hazards. If an in-house label used the skull and crossbones symbol for a specific target organ toxin, it would be in conflict with the HazCom standard.

Where all hazards are not addressed by a particular rating system, such as chronic health hazards, the hazards not addressed must be communicated by words, pictures, symbols, or a combination, in addition to the rating system number.

NFPA or HMIS® rating systems do not directly correlate with the HazCom standard (HCS) classifications (e.g., the NFPA rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”). Category numbers do not appear on HazCom shipped container labels and are not equivalent to the numbers used in the hazard rating systems. A user of the HMIS® or NFPA system should use those systems as they are designed, and not try to include HazCom standard classifications as part of the label.

Relabeling containers

  • Relabeling containers may be necessary in some situations.

While employers are never required under the HazCom standard to re-label already labeled containers, there are several situations in which relabeling may be needed:

  1. If the received quantity of a chemical is broken down into smaller containers, employers need to label these containers.
  2. Labels that fall off or become unreadable must be replaced.
  3. Relabeling incoming containers for a company-wide uniform labeling system. This also makes training easier because the employer only needs to explain one system of labels.

Although an employer may choose to provide additional information, the Occupational Safety and Health Administration’s (OSHA’s) requirements are limited to that required to convey the hazards to users. Other data regarding protective measures and first aid are included on the safety data sheet (SDS) or covered during training. In evaluating the effectiveness of labels, OSHA has found that the more detail that appears on a label, the less likely it is that users will read and act on the information.

Portable containers and small containers

  • The employer is not required to label portable containers where hazardous chemicals are transferred from labeled containers, and which are for immediate use.
  • Just because a container is small does not mean it is exempt from a label.

Portable containers

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. “Immediate use” 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.

Problems arise when the shift ends and there is material left in the portable container, or if another employee needs to use the container/substance. Before the chemical can be passed along to another employee, the container must be properly labeled.

Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, as the sample would then fall under the portable container exemption.

Small containers

There are no exemptions from labeling due to the size of the container. The Occupational Safety and Health Administration (OSHA) says labeling can be done with pull-out labels, fold-back labels, tags or other methods.

OSHA has granted the following practical accommodation for small container labels where manufacturers can show that it is not feasible to use pull-out labels, fold-back labels, or tags, containing the full HazCom standard (HCS)-required information:

  • The shipped small container (i.e., the actual container holding the hazardous chemical), at a minimum, must contain the following:
    • Product identifier
    • Appropriate pictogram(s)
    • Signal word
    • Manufacturer’s name and phone number
    • A statement indicating the full label information for the chemical is provided on the outside package.
  • The outside packaging, at a minimum, must comply with the following:
    • All the applicable label elements, as defined in 1910.1200(f)(1).
    • The outside packaging described above is the object (e.g., bag, box) that the immediate product container is placed into; it does not refer to the exterior shipping container.
    • The outside package must be clearly marked to ensure the complete label elements are visible, and it must clearly inform users that the small container must be stored in the outer container bearing the complete label. The complete label must be maintained on the outer package (e.g., not torn, defaced, destroyed).
    • The manufacturer must ensure that any alternative labeling used does not conflict with any other standards. As such, the external packaging must not present a hazard while the material is being stored (e.g., combustible material being stored in a flammable locker).

However, OSHA does not consider an increase in cost for the use of tags, fold-back labels, or pull-out labels an acceptable reason to use this practical accommodation.

Stationary process containers and bulk shipping containers

  • Signs, placards, process sheets, batch tickets, operating procedures, or other written materials may be used in lieu of affixing labels to individual stationary process containers.
  • In the case of bulk shipping containers, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

For purposes of the HazCom standard, the Occupational Safety and Health Administration (OSHA) says a stationary process container means a container that is not mobile, in which a process other than storage takes place, or a stationary container which contains a liquid (other than water) used for dipping and coating.

  • Examples of stationary process containers are permanent dip tanks, and permanent mixing vessels.
  • Items which are not stationary process containers are storage tanks (even if connected to a distribution system), and portable dip tanks.

Employers 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 1910.1200(f)(6) to be on a label (i.e., the information required to be on shipped containers, as found in 1910.1200(f)(1)(i) through (v)).

Employers shall ensure these written materials are readily accessible to employees in their work area throughout each work shift.

Bulk shipping containers

Where the shipping container is a tank truck, rail car, or similar vehicle, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

  • Department of Transportation (DOT) placards are intended to provide protection for those involved in transportation.
  • OSHA labels are intended to protect the employees of the downstream recipient.

DOT labels and placards

  • DOT label requirements take precedence during transportation.
  • Small containers packed in larger shipped containers require an HCS label but not a DOT label.

During transportation, the Department of Transportation (DOT) label requirements take precedence. If hazardous chemical containers are packaged within another container (such as small bottles packed inside a box), the outer container is required to be labeled per DOT regulations, but a HazCom standard (HCS) label is not required to appear on the outer container. The smaller containers packed inside the larger shipped container would require the HCS label, but do not require the DOT label.

If shipped containers are not packaged within another container, such as a bucket, drum, or tote, then these containers must have both the DOT required markings and the HCS label, tag, or marking. In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the HCS labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading.

Packages, containers, rail cars, or similar vessels holding hazardous materials regulated by the DOT and shipped to a workplace are required to arrive fully marked, placarded, or labeled according to the hazardous materials regulations (HMR). The retention rule requires employers who receive hazardous materials to retain markings and any other information specified by HMR until the materials have been removed so they no longer pose a health or safety risk.

If a tanker truck or railroad tank car is stored (wheels chocked and cab/engine disconnected from the tanker/rail car) prior to offloading, it may be labeled as a stationary process container. If the tanker truck or railroad tank car becomes part of the process (e.g., hooked up to the piping system, used as a process container), it must also be labeled and may be labeled as a stationary process container. However, if the tanker truck or railroad tank car is used as a transport container in-house (e.g., internal railroad car system), the container is no longer stationary, and it may not be labeled as a stationary process container.

Additionally, if a tanker truck or railroad tank car that is labeled in accordance with the Department of Transportation (DOT) labeling requirements arrives at a facility and is offloaded into a storage tank, without storage of the tanker truck or railroad car, the Occupational Safety and Health Administration (OSHA) says the DOT labeling would be sufficient on the tanker truck or railroad car.

Safety data sheets (SDSs)

  • Safety data sheets must be readily accessible.
  • New information must be added to the safety data sheet within three months.

Summary of requirements

A hazardous chemical’s safety data sheet (SDS) is the source of detailed information on the physical, health, and environmental hazards of the chemical; protective measures; and safety precautions for handling, storing, and transporting the chemical. The SDS includes information for many different audiences — employers, workers, safety and health professionals, emergency responders, government agencies, and consumers.

The HazCom standard requires that:

  • Chemical manufacturers or importers obtain or develop an SDS for each hazardous chemical produced or imported.
  • Distributors provide SDSs to other distributors and employers with their initial shipment and with the first shipment after a safety data sheet is updated.
  • Employers maintain the most recently received SDS for each hazardous chemical in the facility.
  • SDSs be readily accessible to employees in their work areas during each work shift.
  • SDS files must be updated as new data sheets are received.
  • HazCom training must be considered when new data sheets are received to determine if training must be revised.

Updating SDSs

When new information about safety issues or the hazards of a chemical is learned, the chemical manufacturer, importer, or employer preparing the safety data sheet must add the new information within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer must add the information to the safety data sheet before the chemical is introduced into the workplace again.

Employer responsibilities

  • Safety data sheets are required for each hazardous chemical used in the workplace.

Employers must have a safety data sheet (SDS) for each hazardous chemical which they use. Do not allow employees to use a chemical if the SDS for that chemical has not been received. Employers assume no responsibility for the content and accuracy of the SDS provided to them by the manufacturer, importer, or distributor, unless the employer changes the SDS.

The Occupational Safety and Health Administration (OSHA) requires that the SDS be written in English. However, this should not prevent an employer with employees who speak English as a second language from providing data sheets in other languages.

For workplaces such as warehouses or retail sales where employees do not normally open sealed containers of hazardous chemicals, that employer need only maintain the SDSs that are sent with incoming shipments. If an employee requests an SDS and it is not available, the employer must contact the manufacturer and request one. The primary difference is that the warehouse or hardware store does not have to maintain a complete file of data sheets. This simplifies the paperwork for operations where hundreds of different chemicals pass through but are never opened or worked with.

Readily accessible

  • Safety data sheets must be readily accessible to all workers during each shift.
  • Hard copies of safety data sheets must be available in case of medical emergency.

The Occupational Safety and Health Administration (OSHA) requires that safety data sheets (SDSs) be “readily accessible” to all affected workers during each work shift when they are in their work area. If any barriers to immediate access to SDSs exist, then the employer is not complying with the HazCom standard. Factors to consider include:

  • Must employees ask a supervisor or other management representative for the SDS?
  • Can the employees access the SDSs during each work shift and in each work area?
  • Have employees been trained on how to access SDSs and where they are kept?
  • Do employees know who they can go to if they have questions?

If the employer is maintaining the SDSs on a company website or with an off-site/web-based SDS service provider that provides them electronically, they must ensure that:

  • All employers have adequate access, with no restrictions;
  • There is a backup procedure or system in place in case the system is not functioning;
  • Employees are trained on how to access the SDSs both on the computer and the backup system, and;
  • Employees can receive a hard copy if desired and in cases of emergency. It is not acceptable to only transmit the information verbally.

In the event of a medical emergency, hard copy SDSs must be immediately available to medical personnel. There must be an adequate back-up system for rapid access to SDSs in the event of power outages, equipment failures, or other system failure.

Multi-employer worksite and non-RCRA waste

  • The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical.
  • A label or SDS does not need to be created for a non-RCRA waste product.

Multi-employer worksite

The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical and the availability of the safety data sheet (SDS). If an intermediary employer, such as a general contractor, holds and provides access to the SDSs, the intermediate employer is responsible for ensuring the availability of the SDS(s).

If SDSs are not available because a subcontractor or immediate employer failed to make them readily accessible, that employer will be cited.

Non-RCRA wastes

Waste that does not meet the definition of “hazardous waste” under the Resource Conservation and Recovery Act (RCRA) regulations is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6).

The waste generator does not have to create a label or a safety data sheet (SDS) for a non-RCRA waste product, however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

For mixtures of non-RCRA wastes, it is acceptable to provide multiple SDSs downstream. This would also apply to disposal of mixtures of non-RCRA waste product from laboratories, manufacturers, importers, and distributors.

Air emissions

  • Employee exposure to any air emissions that are being created in the facility must be accounted for.

Hazardous materials can also be created as a by-product of a process or procedure in a facility, such as from:

  • Welding operations,
  • Gasoline-powered forklift vehicles,
  • Power tools with internal combustion motors, and
  • Vehicle bay exhaust.

Employee exposure to any air emissions that are being created in the facility must be accounted for. An employer may need to contact the supplier of the welding rods for help in tracking down the appropriate SDS.

Also, do not overlook gasoline and carbon monoxide. An SDS is required for the fuels used by vehicles such as lift trucks, tractors, or automobiles. Employees should be aware of the potential for exposure to carbon monoxide and associated physical hazards of petroleum fuel products such as fire and explosion.

SDS format and content

  • Safety data sheets must follow a standardized, 16-section format.

The Occupational Safety and Health Administration (OSHA) requires that safety data sheets (SDSs) use a standardized, 16-section format. The sections have generally been organized so that the information of most use to exposed workers, emergency responders, and others who do not need extensive technical detail is in the beginning of the SDS, while the more technical information most commonly read by health and safety professionals is located in the later sections.

Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., firefighting). This should be helpful to those that need to get the information quickly.

Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision.

The SDS must contain Sections 12 through 15 to be consistent with the Globally Harmonized System (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

Sections 1 and 2

  • Section 1 identifies the chemical on the SDS as well as recommended uses.
  • Section 2 identifies the hazards of the chemical on the SDS and the appropriate warning information.

Section 1. Product and company identification

This section identifies the chemical on the safety data sheet (SDS) as well as the recommended uses. It also provides the essential contact information of the supplier. The required information consists of:

  • Product identifier used on the label;
  • Other means of identification;
  • The recommended use of the chemical and restrictions on use;
  • The name, address, and telephone number of the chemical manufacturer, importer, or other responsible party (must be a U.S. address); and
  • An emergency phone number (must be a U.S. phone number).

Section 2. Hazard(s) identification

This section identifies the hazards of the chemical presented on the safety data sheet (SDS) and the appropriate warning information associated with those hazards. The required information consists of:

  • Classification of the chemical in accordance with paragraph (d) of 1910.1200.
  • Signal word.
  • Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol (e.g., skull and crossbones, flame)).
  • Hazard statement(s).
  • Precautionary statement(s).
  • For a mixture that contains an ingredient(s) with unknown toxicity, a statement describing how much (percentage) of the mixture consists of ingredient(s) with unknown acute toxicity. Please note that this is a total percentage of the mixture and not tied to the individual ingredient(s).

Hazard rating systems numbers, such as those for the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA), can appear in Section 2 as long as those hazard ratings do not contradict or cast doubt on the HazCom standard classification.

Sections 3 and 4

  • Section 3 identifies ingredient(s) contained in the product indicated on the SDS.
  • Section 4 describes the initial care that should be given by untrained responders to an exposed individual.

Section 3. Composition/Information on ingredients

This section identifies the ingredient(s) contained in the product indicated on the safety data sheet (SDS), including impurities and stabilizing additives. This section includes information on substances, mixtures, and all chemicals where a trade secret is claimed. The required information consists of:

Substances

  • Chemical name.
  • Common name and synonyms.
  • Chemical Abstracts Service (CAS) number and other unique identifiers.
  • Impurities and stabilizing additives, which are themselves classified and which contribute to the classification of the chemical.

Mixtures

  • Same information required for substances.
  • The chemical name and concentration (i.e., exact percentage) of all ingredients which are classified as health hazards and are:
    • Present above their cut-off/concentration limits or
    • Present a health risk below the cut-off/concentration limits.
  • The concentration (exact percentages) of each ingredient must be specified except concentration ranges may be used in the following situations:
    • A trade secret claim is made,
    • There is batch-to-batch variation, or
    • The SDS is used for a group of substantially similar mixtures.

Chemicals where a trade secret is claimed

Where the supplier is claiming a trade secret, the safety data sheet (SDS) must contain a statement that the specific chemical identity and/or exact percentage (concentration) of composition has been withheld as a trade secret. Where a trade secret claim is made for exact percentage, the chemical manufacturer or importer may choose to provide a concentration range to assist downstream users in providing appropriate protections. However, Section 3 must indicate that a trade secret claim is being made and information has been withheld.

Section 4. First-aid measures

This section describes the initial care that should be given by untrained responders to an individual who has been exposed to the chemical. The required information consists of:

  • Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye contact, and ingestion).
  • Description of the most important symptoms or effects, and any symptoms that are acute or delayed.
  • Recommendations for immediate medical care and special treatment needed, when necessary.

Sections 5 and 6

  • Section 5 provides recommendations for fighting a fire caused by the chemical.
  • Section 6 provides recommendations on the appropriate response to spills, leaks, or releases.

Section 5. Firefighting measures

This section provides recommendations for fighting a fire caused by the chemical. The required information consists of:

  • Recommendations of suitable extinguishing equipment, and information about extinguishing equipment that is not appropriate for a particular situation.
  • Advice on specific hazards that develop from the chemical during the fire, such as any hazardous combustion products created when the chemical burns.
  • Recommendations on special protective equipment or precautions for firefighters.

Section 6. Accidental release measures

This section provides recommendations on the appropriate response to spills, leaks, or releases, including containment and cleanup practices to prevent or minimize exposure to people, properties, or the environment. It may also include recommendations distinguishing between responses for large and small spills where the spill volume has a significant impact on the hazard. The required information may consist of recommendations for:

  • Use of personal precautions (such as removal of ignition sources or providing sufficient ventilation) and protective equipment to prevent the contamination of skin, eyes, and clothing.
  • Emergency procedures, including instructions for evacuations, consulting experts when needed, and appropriate protective clothing.
  • Methods and materials used for containment (e.g., covering the drains and capping procedures).
  • Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning or vacuuming; adsorbent materials; and/or equipment required for containment/clean up).

Sections 7 and 8

  • Section 7 provides guidance on the safe handling practices and conditions for safe storage of chemicals.
  • Section 8 indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure.

Section 7. Handling and storage

This section provides guidance on the safe handling practices and conditions for safe storage of chemicals. The required information consists of:

  • Precautions for safe handling, including recommendations for handling incompatible chemicals, minimizing the release of the chemical into the environment, and providing advice on general hygiene practices (e.g., eating, drinking, and smoking in work areas is prohibited).
  • Recommendations on the conditions for safe storage, including any incompatibilities. Provide advice on specific storage requirements (e.g., ventilation requirements).

Section 8. Exposure controls/Personal protection

This section indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure. The required information consists of:

  • The Occupational Safety and Health Administration (OSHA) Permissible Exposure Limits (PELs), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet (SDS), where available.
  • Appropriate engineering controls (e.g., use local exhaust ventilation, or use only in an enclosed system).
  • Recommendations for personal protective measures to prevent illness or injury from exposure to chemicals, such as personal protective equipment (PPE) (e.g., appropriate types of eye, face, skin or respiratory protection needed based on hazards and potential exposure).
  • Any special requirements for PPE, protective clothing or respirators (e.g., type of glove material, such as polyvinyl chloride (PVC) or nitrile rubber gloves; and breakthrough time of the glove material).

Sections 9 and 10

  • Section 9 identifies physical and chemical properties associated with the substance or mixture.
  • Section 10 describes the reactivity hazards of the chemical and the chemical stability information.

Section 9. Physical and chemical properties

This section identifies physical and chemical properties associated with the substance or mixture. The minimum required information consists of:

  • Appearance (physical state, color, etc.);
  • Upper/lower flammability or explosive limits;
  • Flammability (solid, gas);
  • Odor;
  • Odor threshold;
  • Vapor pressure;
  • Vapor density;
  • pH;
  • Relative density;
  • Melting point/freezing point;
  • Solubility(ies);
  • Flash point;
  • Initial boiling point and boiling range;
  • Auto-ignition temperature;
  • Evaporation rate;
  • Partition coefficient: n-octanol/water;
  • Decomposition temperature; and
  • Viscosity.

The safety data sheet (SDS) may not contain every item on the above list because information may not be relevant or is not available. When this occurs, a notation to that effect must be made for that chemical property. Manufacturers may also add other relevant properties, such as the dust deflagration index (Kst) for combustible dust, used to evaluate a dust’s explosive potential.

Section 10. Stability and reactivity

This section describes the reactivity hazards of the chemical and the chemical stability information. This section is broken into three parts: reactivity, chemical stability, and other. The required information consists of:

Reactivity

  • Description of the specific test data for the chemical(s). This data can be for a class or family of the chemical if such data adequately represent the anticipated hazard of the chemical(s), where available.

Chemical stability

  • Indication of whether the chemical is stable or unstable under normal ambient temperature and conditions while in storage and being handled.
  • Description of any stabilizers that may be needed to maintain chemical stability.
  • Indication of any safety issues that may arise should the product change in physical appearance.

Other

  • Indication of the possibility of hazardous reactions, including a statement whether the chemical will react or polymerize, which could release excess pressure or heat, or create other hazardous conditions. Also, a description of the conditions under which hazardous reactions may occur.
  • List of all conditions that should be avoided (e.g., static discharge, shock, vibrations, or environmental conditions that may lead to hazardous conditions).
  • List of all classes of incompatible materials (e.g., classes of chemicals or specific substances) with which the chemical could react to produce a hazardous situation.
  • List of any known or anticipated hazardous decomposition products that could be produced because of use, storage, or heating. (Hazardous combustion products should also be included in Section 5 (Fire-Fighting Measures) of SDS.)

Sections 11 and 12

  • Section 11 identifies toxicological and health effects information or indicates that such data are not available and must contain a description of the various toxicological (health) effects and the available data used to identify those effects.
  • Section 12 provides information to evaluate the environmental impact of the chemical(s) if it were released.

Section 11. Toxicology information

This section identifies toxicological and health effects information or indicates that such data are not available and must contain a description of the various toxicological (health) effects and the available data used to identify those effects, including:

  • Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact);
  • Description of the delayed, immediate, or chronic effects from short- and long-term exposure.
  • The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50 (median lethal dose)) — the estimated amount [of a substance] expected to kill 50 percent of test animals in a single dose.
  • Description of the symptoms. This description includes the symptoms associated with exposure to the chemical including symptoms from the lowest to the most severe exposure.
  • Indication of whether the chemical is listed in the National Toxicology Program (NTP) 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 found to be a potential carcinogen by the Occupational Safety and Health Administration (OSHA).

Section 12. Ecological information

Section 12 provides information to evaluate the environmental impact of the chemical(s) if it were released. This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment. The information may include:

  • Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants).
  • Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis.
  • Results of tests of bioaccumulation potential, making reference to the octanol-water partition coefficient (Kow) and the bioconcentration factor (BCF), where available.
  • The potential for a substance to move from the soil to the groundwater (indicate results from adsorption studies or leaching studies). Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).

Sections 13 and 14

  • Section 13 provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices.
  • Section 14 provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea.

Section 13. Disposal considerations

This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, this section should also refer the reader to Section 8 (Exposure Controls/Personal Protection) of the safety data sheet (SDS). The information may include:

  • Description of appropriate disposal containers to use.
  • Recommendations of appropriate disposal methods to employ.
  • Description of the physical and chemical properties that may affect disposal activities.
  • Language discouraging sewage disposal.
  • Any special precautions for landfills or incineration activities.

Section 14. Transport information

This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea. The information may include:

  • UN number (i.e., four-figure identification number of the substance).
  • UN proper shipping name.
  • Transport hazard class(es).
  • Packing group number, if applicable, based on the degree of hazard.
  • Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)).
  • Guidance on transport in bulk (according to Annex II of MARPOL 73/78 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code (IBC Code)).
  • Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).

Sections 15 and 16

  • Section 15 identifies the safety, health, and environmental regulations specific for the product not indicated anywhere else on the SDS.
  • Section 16 indicates when the SDS was prepared or when the last revision was made.

Section 15. Regulatory information

This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the safety data sheet (SDS). The information may include:

  • Any national and/or regional regulatory information of the chemical or mixtures (including any Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), Environmental Protection Agency (EPA), or Consumer Product Safety Commission (CPSC) regulations).

Section 16. Other information

This section indicates when the SDS was prepared or when the last revision was made. The SDS may also state where the changes have been made to the previous version.

The SDS must include information reflecting the scientific information used in making the hazard classification. Other useful information also may be included here.

If new, significant information regarding the hazards of a chemical, or ways that users can protect themselves against those hazards, is discovered, that new information must be added to the SDS within three months.

Trade secret

  • Trade secrets must be indicated in Section 3.

If the chemical manufacturer or importer withholds the identity of a chemical or the exact composition of any constituent, the SDS must indicate in Section 3 that the constituent(s) and/or exact percentage(s) are being withheld as trade secrets.

The term “trade secret” includes the chemical name, the Chemical Abstracts Services (CAS) Registry Number, or any other specific information that reveals the precise designation. It does not extend to Permissible Exposure Limits (PELs) or Threshold Limit Values (TLVs). If the hazardous chemical or a component of the mixture has a PEL or TLV, this must be reflected on the SDS.

The chemical identity or exact composition must be immediately disclosed to a treating physician or nurse when:

  • A medical emergency exists, and
  • The specific chemical identity and/or specific percentage of composition of a hazardous chemical is necessary for emergency or first-aid treatment.
  • The specific chemical identity and percentage is made available to health professionals, employees, and designated representatives in accordance with the applicable provisions of this paragraph.

Auditing the SDS program

  • A thorough SDS audit can help maintain compliance.

In order to stay in compliance, consider the following:

  • Keep a master safety data sheet (SDS) file and check in each SDS, particularly noting the revision date. If a new or updated SDS is received, send copies to each department that will use it. Remove the old version.
  • Assign someone to monitor all paper SDS files, binders, etc. Sheets get lost or become unreadable and need to be replaced. Have a cover sheet listing what SDSs are in the file, along with the revision number. Replace missing or unreadable data sheets immediately.
  • Occasionally review and update as necessary the chemical inventory list.
  • Include the name and contact information of the person responsible for the SDSs on the purchase orders and ask that SDSs be sent to that person.
  • If any SDSs are missing, contact the supplier and request one. Document these requests, either by keeping a copy of a letter or email, or a note regarding telephone conversations.
  • As new SDSs are received, there should be a process in place to review them and determine whether any handling procedures need to change to protect against the hazards of these chemicals.

The Occupational Safety and Health Administration (OSHA) does not specify a particular retention period for SDSs. However, according to the Employee Access to Medical Records at 1910.1020, an employer must retain medical records, air sampling data, and other exposure information for 30 years.

While SDSs are considered “exposure records,” employers only need to document the chemical identity, where the chemical was used, and how long the chemical was used.

Information and training

  • Include all employees who are exposed to hazardous chemicals in the training.
  • Thorough training and understanding of the HazCom standard can help maintain compliance.

Employers must train all employees who are exposed to hazardous chemicals in their work area before they are initially assigned to those jobs.

“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 accidental or possible exposure.”

If there are some employees who are occasionally in an area where chemicals are stored or used, and it is undecided whether they are “exposed,” include them in the training program. Those employees who encounter hazardous chemicals only in non-routine, isolated instances would not have to receive training.

Summary of requirements

Employees must be informed of:

  • The requirements of the HazCom standard;
  • The operations in their work area where hazardous chemicals are present; and
  • The location and availability of the written hazard communication program, including the list of hazardous chemicals, and safety data sheets (SDSs).

Training must address:

  • Methods and observations 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.);
  • The physical and health hazards of the chemicals in the work area;
  • Measures workers can take to protect themselves from these hazards, work practices and other measures the employer has implemented to protect workers from exposure to hazardous chemicals, such as emergency procedures, and personal protective equipment to be used; and
  • An explanation of and the details of the workplace hazard communication program, the labeling system and the SDS, and how workers can obtain and use the appropriate information.

Conducting training

  • Training needs to be provided at no cost to the employees, and employees must be paid for the time they spend in training.
  • After the training, workers should understand how to read labels and SDSs, understand what information is in these documents, and understand how to access them.
  • Training must be provided prior to the initial job assignment.

Information and training may be done either by individual chemical, or by categories of hazards, such as flammability or carcinogenicity. If there are only a few chemicals in the workplace, then an employer may want to discuss each one individually. Where there are large numbers of chemicals, or the chemicals change frequently, training based on the hazard categories such as flammable liquids, corrosive materials, or carcinogens may make more sense.

Training is required to be provided at no cost to the employees, and employees must be paid for the time they spend in training.

Focus on the specific chemical hazards in the workplace. Explain:

  • How to detect the presence or release of the chemical;
  • The visual appearance or odor when the chemical is being released;
  • How any monitoring devices work and what they indicate;
  • The physical and health effects of the chemicals;
  • What first aid measures should be used in the event of exposure or overexposure, and
  • Where on the safety data sheet (SDS) this information can be found.

The Occupational Safety and Health Administration (OSHA) does not expect that workers will be able to recall and recite all data provided about each hazardous chemical in the workplace. What is most important is that workers understand that they are exposed to hazardous chemicals, know how to read labels and SDSs, and have a general understanding of what information is provided in these documents, and how to access these tools.

When to train

Prior to the initial job assignment, each employee who has exposure risks to hazardous chemicals must be provided information and training. Additional training must be done whenever a new physical or health hazard is introduced into their work area.

Training temps/contract employees

The responsibility for training temporary or contract employees is shared between the employment agency and the host employer. The employment agency has the primary responsibility to provide the training and information required by HazCom. The contracting employer is responsible for providing site-specific training and has the primary responsibility to control potential exposure conditions.

Both the employment agency and the host employer have a responsibility to provide training, personal protective equipment (PPE), and to control situations involving potential exposure to hazards. There will always have to be some training onsite, such as informing workers of the location and availability of the written program and SDSs.

Effective training and refresher training

  • Training must accommodate employees who typically speak a language other than English and those who have limited vocabularies.
  • Refresher training is not required annually.

Effective training

The Occupational Safety and Health Administration (OSHA) requires that employers provide “effective” training, that is, in a manner and language that their employees can understand. For information and training to be effective, the workers in the training must comprehend the hazards in the workplace and ways to protect themselves.

If employers customarily need to communicate work instructions or other workplace information to employees in a language other than English, they will also need to provide safety and health training to employees in the same manner.

If the employee’s vocabulary is limited, the training must account for that limitation. If employees are not literate, telling them to read training materials will not satisfy the employer’s training obligation. It is not sufficient to either just read material to the workers, or simply hand them material to read.

The employees must carry the knowledge from the training into their daily jobs. For example, if asked, they should know where hazardous chemicals are present in their work area and should also know how to protect themselves. Employees must be aware that they are exposed to hazardous chemicals, know how to read and use labels and safety data sheets (SDSs), and follow the protective measures established by the employer.

Refresher training

Training must be provided to affected employees when new hazards are introduced into the workplace (not necessarily new chemicals). Refresher training is not required on a routine basis, such as annually. However, receiving a new SDS or chemical compels the employer to evaluate the information provided in the SDS and to decide whether the new product represents a new health or physical hazard to employees.

Who can train?

  • If an employee has not received training or is not adequately trained, the employer who provides the day-to-day supervision of the employee will be held responsible.
  • There is no formal certification required to conduct HazCom training.
  • Records of employee training are not required by the HazCom standard but are recommended.

The controlling employer is responsible

The employer who provides the day-to-day supervision of the employee is ultimately responsible for ensuring that workers are adequately trained.

The experience provided by a previous employer or other entity may relieve an employer of some of the burdens of training that worker. So long as training is adequate, general training may be provided by:

  • The current employer
  • A past employer
  • An employee union
  • Any other entity

If an employee has not received training or is not adequately trained, the current employer will be held responsible regardless of who trained that particular employee.

The Occupational Safety and Health Administration (OSHA) does not specify who can conduct HazCom training, nor is any formal certification required to do so.

The trainer must be familiar with:

  • The requirements of the standard that apply to the workplace;
  • The hazardous chemicals in the workplace to which workers are potentially exposed, as well as the types of hazards they pose;
  • The hazard communication program implemented in the workplace; and
  • The protective measures being employed in the workplace to prevent adverse effects from occurring.

In addition to being thoroughly familiar with the material to be covered in the training, the trainer should be aware of the facilities available for the training, including the physical location, the type of equipment (e.g., a PowerPoint projector, computer), and plan the training session accordingly based on the conditions.

The employer may determine who is qualified to do training. Whoever does the chemical-specific training should be familiar with the safe handling requirements of those chemicals.

Documentation

It is an industry best practice to maintain records of HazCom training, although the standard does not require it. By keeping training records the employer can ensure that all employees have received appropriate and timely training as needed. Companies can also demonstrate to the Occupational Safety and Health Administration (OSHA) that they are complying with the training requirement.

Written program

  • The written HazCom program should serve as a blueprint for implementation of the program.

Written program

The written hazard communication program, simply put, is the written record of what a company has done and will do to comply with the Hazard Communication standard.

The written program does not have to be lengthy or complicated. It is intended to be a blueprint for implementation of the program and an assurance that all aspects of the requirements have been addressed. It serves to communicate to employees and to OSHA exactly what has been done to comply with the HazCom standard.

In general, the written program must describe how the requirements for labels and other forms of warning, safety data sheets (SDSs), employee information, and training are going to be met.

It must be available, upon request, to employees, their designated representatives, and any OSHA officials. If the workers’ job assignment requires travel between various geographical locations, employers may keep the written program at the primary work location.

Summary of requirements and exempt workplaces

  • The written hazard communication program must include information on labels and other forms of warning, SDSs, and training.
  • In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, a written hazard communication program is not required, although these operations have other responsibilities under 1910.1200(b)(4).

Summary of requirements

All employers with employees who are exposed or potentially exposed to hazardous chemicals known to be present in their workplaces, must develop, implement, and maintain at each workplace a written hazard communication program that includes labeling and other forms of warning, safety data sheets (SDSs), and training.

Employers on multi-employer worksites who do not use hazardous chemicals, but whose employees are exposed to the chemicals used by other employers on the worksite, are required to have a program and train their employees on the hazards of the chemicals in the work areas.

The Occupational Safety and Health Administration (OSHA) will be looking for the following elements in a written program to ensure compliance with the HazCom standard:

  • A list of the hazardous chemicals known to be present in the workplace that matches the identifier on the container label and the SDS.
  • Designation of person(s) responsible for ensuring labeling of in-plant containers.
  • Designation of person(s) responsible for ensuring labeling of shipped containers (if any).
  • Description of any in-plant labeling system(s) (if used).
  • Description of any labeling alternatives used in the facility (if any).
  • Description of HazCom training provided to employees.
  • Procedures to review and update label information when necessary.
  • Methods used to inform employees of the hazards of non-routine tasks.
  • Methods used to inform employees of the hazards of unlabeled pipes in their work areas.
  • How the employer will comply on multi-employer worksites.

Exempt workplaces

In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, such as in warehouses or consumer outlets, a written hazard communication program is not required. However, these operations have other obligations under the standard at 1910.1200(b)(4).

Laboratories, whether completely or partially exempt from the HazCom standard, do not need to complete a written program, even if other portions of the standard apply. See 1910.1200(b)(3).

Chemical list and assessing workplace hazards

  • The written HazCom program must include a list of the hazardous chemicals known to be present in the workplace.
  • The inventory must use the “product identifier” for each chemical that aligns with the SDS and label.
  • Identify any chemicals generated in the work operations.

Chemical list

The written HazCom program must include a list of the hazardous chemicals known to be present in the workplace. The list must include all hazardous chemicals present, even if the chemicals are stored or are not in use. The list can be maintained by work area or for the workplace as a whole.

Compiling the list for the entire workplace may be most suitable for very small facilities, while for larger workplaces, it may be more convenient to compile lists of hazardous chemicals by work area and then assemble them together as the list for the workplace. As new chemicals are purchased, the list should be updated.

The inventory must use the “product identifier” for each chemical that aligns with the safety data sheet (SDS) and label. The list may be kept by product name, common name, or chemical name, as long as the identity used on the list matches that used on both the SDS and the label so that these documents can be cross-referenced.

The Occupational Safety and Health Administration (OSHA) does not specifically require that the list contain any other information.

Assess for workplace hazards

To prepare a comprehensive chemical list perform a department-by-department search for every chemical present. Include:

  • Cleaning supplies, such as bathroom and window cleaners;
  • Grounds maintenance chemicals, such as weed killers and fertilizer;
  • Vendor samples being used on a trial basis;
  • Fuels;
  • Paints; and
  • All chemicals used in daily operations.

Identify any chemicals generated in the work operations. For example, welding fumes, dusts, and exhaust fumes are all sources of chemical exposures. Some other suggestions include:

  • Read labels provided by suppliers for hazard information,
  • Make a list of all chemicals that are potentially hazardous,
  • Note the storage and use location(s) of the products, and
  • Note the hazards as found on the label.

Purchasing records may also help, and employers should establish procedures to ensure that purchasing procedures result in receiving safety data sheets (SDSs) before a material is used in the workplace. Prior to purchasing chemicals, review the hazards of the chemicals and evaluate if less hazardous chemicals can be used instead.

What to look for

While compiling this inventory, consider listing the substances separately by department. Employers will find that it makes it easier to conduct employee training to know which chemicals are used in which departments.

Safety data sheets and labels and labeling

  • The written program should include six elements for SDSs and should address six points for labeling

Safety data sheets

The written program should include the following elements for safety data sheets (SDSs):

  1. The person responsible for obtaining/maintaining the SDSs;
  2. Where the data sheets are kept in the facility, and how employees can obtain access to them;
  3. The procedure for reporting a missing SDS;
  4. The procedure to be followed when the SDS is not received at time of first shipment;
  5. A list of those chemicals without SDSs and copies of request letters sent to manufacturer or supplier;
  6. If SDSs are generated, the procedure for updating the SDS when new and significant health information is found.

Any written requests from employees for copies of SDSs and dated responses may be kept in this file.

Labels and labeling

The written program should address the following points for labels:

  1. Designation of the person responsible for ensuring labeling of in-plant containers;
  2. Designation of the person responsible for ensuring labeling of shipped containers;
  3. A complete description of any workplace labeling system used which is different from Globally Harmonized System (GHS)-style labeling (include samples of labels used);
  4. Description of written alternatives to labeling of in–plant containers, if used (for example, putting the label information on batch tickets for stationary process tanks, using posters for air emissions);
  5. Procedures to review and update label information when necessary, to ensure that labels that fall off or become unreadable are immediately replaced;
  6. A copy of posters used (if any) to inform employees about the law, or where HazCom standard information is located.

Employee information and training

  • The written program should provide details on six different main points regarding employee information and training.
  • Describe how employees will be informed of the hazards of chemicals contained in unlabeled pipes in their work areas.

The written program should provide details on six different main points regarding employee information and training:

  1. The person responsible for conducting training.
  2. Which employees will receive training (if training all employees, state this).
  3. The format of the training program that is used (audiovisual, classroom instruction, etc.). If any handouts are given to employees, include copies of them.
  4. Procedure to train new employees at the time of their initial assignment.
  5. Procedure to retrain all employees when a new hazard is introduced. For example, will safety department personnel track the training and retraining, or will area supervisors?
  6. How training is documented (such as a copy of a training attendance sheet signed by employees upon completion of their training, if applicable).

Hazards of non-routine tasks and unlabeled pipes

To cover all situations of employee exposure, the written program must include:

  1. The methods used to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels). What procedures are in place to ensure that those jobs that are not part of the weekly or monthly facility functioning fall under the employee training system?
  2. How employees will be informed of the hazards of chemicals contained in unlabeled pipes in their work areas.

Multi-employer worksites and need for periodic review

  • Include how on-site access to safety data sheets will be provided if there is more than one employer operating on a site.
  • Include how employers will be informed of precautionary measures and on-site labeling system differences.

Multi-employer worksites

Where there is more than one employer operating on a site, and employees may be exposed to the chemicals used by each employer, the employer’s written hazard communication program must address:

  • How on-site access to safety data sheets (SDSs) will be provided to the other employer(s).
  • How such employers will be informed of needed precautionary measures.
  • How such employers will be informed of the on-site labeling system if it is different from the labels specified for shipped containers under the standard.

Employers in multi-employer worksites who do not use hazardous chemicals, but whose employees are exposed to the chemicals used by other employers, are required to have a program and train their employees on the hazards of the chemicals in the work areas.

Need for periodic review

Because the hazard communication program must remain up to date, it will be necessary to periodically evaluate and reassess it. The information in the written program must be accurate.

Review and revise the program as appropriate to address changing conditions in the workplace, such as the addition of new chemicals, updated hazards from chemicals currently used, changes in processes that affect exposures, required changes to personal protective equipment (PPE) or training, and so on.

Assigned responsibilities

  • Assign someone to coordinate the implementation of hazard communication.
  • Include HazCom in your emergency action plan because these plans will result in fewer and less severe employee injuries and less structural damage during emergencies.

To ensure an effective hazard communication program, and address all the necessary components, responsibility for implementation of hazard communication should be assigned to someone to coordinate. The person designated for overall program coordination should then identify staff to be responsible for particular activities, such as training.

Those people designated as responsible for the different parts of the program should also be current, and those people should be carrying out their responsibilities under the program.

Many companies have found it convenient to include on their purchase orders the name and address of the person designated in their company to receive safety data sheets (SDSs) to help maintain a complete set.

Program coordinators should routinely walk around the workplace to check that containers are labeled as required and that workers are following established work practices to protect themselves from chemical exposure. Proactive monitoring of the workplace is critical to ensuring compliance with the HazCom standard.

Include HazCom in EAP

An emergency action plan (EAP) is a written document required by certain Occupational Safety and Health Administration (OSHA) standards which directs employer and employee actions during workplace emergencies. Well-developed emergency plans and proper employee training (such that employees understand their roles and responsibilities within the plan) will result in fewer and less severe employee injuries and less structural damage to the facility during emergencies.

Portions of the HazCom plan may be included in the EAP, or portions of the EAP may be included in the HazCom training as it relates to workplace emergencies and spills.

What OSHA will look for

  • OSHA will confirm that an employer has a written HazCom program, and that it addresses all the required topics.
  • Designate someone to ensure all containers have labels that are readable.
  • Compliance officers will look for appropriate labels, descriptions of written alternatives to labeling stationary process containers, descriptions of labels on shipped and workplace containers included in training, and procedures to review and update label information.

During an inspection, the Occupational Safety and Health Administration (OSHA) will confirm that an employer has a written HazCom program, and that it addresses all the required topics for that workplace.

The employer is expected to provide access to the written program upon request to all employees and employee representatives — failure to do so is a violation.

Assigning responsibility to one person for keeping the written program up to date can ensure that it remains compliant.

Chemical inventory

The list of hazardous chemicals in the workplace must be kept current. Revise the list as necessary when eliminating chemicals in the workplace, or when bringing in a new chemical.

Labels/Other forms of warning

Labeling is a continuing duty — all in-plant containers of hazardous chemicals, except for portable containers, must always be labeled.

Written programs should include the person responsible for labeling, both shipped containers and workplace containers, a description of the labeling system used, and a description of any alternative labeling for workplace containers, if applicable.

Review and update labeling and the written program’s label information when necessary.

A compliance officer will check to see that container labels are legible and prominently displayed, and that the container can be cross-referenced to a safety data sheet (SDS). The compliance officer will also evaluate any in-house or workplace labeling, or any alternative labeling provisions used.

The compliance officer may also interview employees to determine if they are familiar with the labeling used in the workplace, and the hazards which the labels denote.

Since labels can come off, information can become smudged or otherwise made unreadable, designate someone to be responsible for ensuring that all containers are labeled, that labels are readable, and that newly purchased materials are checked for labels prior to use.

With these requirements in mind, a compliance officer will be looking for the following types of information to ensure that labeling is properly implemented:

  1. Designation of person(s) responsible for ensuring compliant labeling of shipped and in-plant containers;
  2. Description of written alternatives to labeling of stationary process containers (if used);
  3. Appropriate labels on all workplace containers, including those received from a supplier, secondary containers, and stationary process containers;
  4. A description and explanation of labels on both shipped and workplace containers included in the employee training program; and,
  5. Procedures to review and update workplace label information when necessary.

Safety data sheets (SDSs)

  • OSHA will look for the following with safety data sheets: person(s) responsible for sheets, how the sheets are maintained, how workers gain access, sheet procedures to follow, a sheet for each hazardous chemical, and training of workers.

In order to ensure a current safety data sheet (SDS) for each chemical in the plant as required, and that worker access is provided, the Occupational Safety and Health Administration (OSHA) will look for:

  1. Designation of person(s) responsible for obtaining and maintaining the SDSs;
  2. How SDSs are maintained in the workplace (e.g., in notebooks in the work area(s) or electronically);
  3. How workers obtain access to them when they are in their work area during the work shift;
  4. Procedures to follow when the SDS is not received at the time of the first shipment;
  5. An SDS for each hazardous chemical in the workplace, and;
  6. Training of workers that includes review of SDS format and use.

Employers must maintain the most current version of the SDS provided by the supplier. When a new SDS is sent, check it against the chemical inventory and against the version of the SDS previously filed. If it is a newer version, replace the older version.

Check the new SDS for any updated hazard or protective information that might affect HazCom training, personal protective equipment (PPE), waste disposal, etc.

Make copies and provide to all necessary departments or make the new SDS available on a computer system.

If an SDS is missing, or the SDS received is deficient, document any efforts to contact the supplier and request a compliant data sheet. If a compliant data sheet from a supplier cannot be obtained, request assistance from the local OSHA office.

During an inspection, OSHA will interview employees to determine if they know the location of SDSs, and of what to do if an SDS is missing or if they do not understand the information. If SDSs are provided on a company website, OSHA will determine if all employees have access, and that all employees know how to use the system.

Information and training

  • Review and revise training as needed with workers.
  • Set up a system for periodic retraining.

Through proper training, employers can ensure that workers understand the hazards of the chemicals they work with, as well as what steps to take to ensure that they are protected from them.

If workers are not interested in the training as it is conducted, do not appear motivated, and/or do not exhibit an increased knowledge of hazards and the use of protective practices, it may be necessary to review and revise the training to achieve a better outcome.

Review the training whenever a new hazard is introduced, or when processes change that can affect potential exposures.

While refresher training is not required, it is an opportunity to review the hazard communication program and training.

Providing training once, then assuming that several years later employees are still knowledgeable is a risky assumption. It is wise to set up a system for periodic retraining. It does not have to be an annual, full-blown training session. Occasionally remind workers of where the safety data sheets (SDSs) are located or of what the pictograms represent during any applicable monthly or quarterly safety meetings.

Exemptions from coverage

  • Certain hazardous substances are exempt from coverage by the Hazard Communication standard.

Certain hazardous substances are regulated by other agencies; therefore, the Occupational Safety and Health Administration (OSHA) has exempted them from coverage by the Hazard Communication standard. The standard does not apply to the following substances:

  • Any hazardous waste, as defined and regulated under the Resource Conservation and Recovery Act (RCRA).
  • Any hazardous substance, as defined and regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
  • Tobacco or tobacco products.
  • Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard the products pose to employees is the potential for combustion.
  • Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store or restaurant) and foods intended for personal consumption by employees while in the workplace.
  • Any drug as defined by the federal Food, Drug, and Cosmetic Act (FD&C Act) when it is in solid, final form for direct administration to the patient (e.g., pills), drugs packaged by the chemical manufacturer for sale to consumers (e.g., over-the-counter drugs), and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies).
  • Cosmetics packaged for sale to consumers and those intended for personal use by employees in the workplace.
  • Any consumer product or hazardous substance as defined in the Consumer Product Safety Act and Federal Hazardous Substances Act respectively, used in the workplace in the same manner as normal consumer use, and which use results in exposure which is not greater than exposures experienced by consumers.
  • Nuisance particles when they do not pose any physical or health hazard covered by the HazCom standard.
  • Ionizing and nonionizing radiation.
  • Biological hazards.
  • Articles.

Articles

  • Articles are exempt from the HazCom standard requirements.
  • If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use.

“Articles” are exempt from the requirements of the HazCom standard (HCS). An article is defined as a manufactured item other than a fluid or particle which:

  • Is formed to a specific shape or design during manufacture,
  • Has end use function(s) dependent in whole or in part upon its shape or design during end use, and
  • Must not release more than very small quantities (e.g., minute or trace amounts) of a hazardous chemical, or pose a physical hazard or health risk to employees under normal conditions of use.

It may be difficult to define what is considered “normal conditions of use.” An employer may have a manufactured item that meets the definition of an article, but if it is burned, it produces a hazardous byproduct. The question then becomes, is burning “normal use” for the product? If burning occurs during its normal use, then it cannot be exempted as an article.

Normal use does not include incidental exposure.

If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use. The item would be considered an article under the HCS, and thus exempted. Stainless steel tables, vinyl upholstery, and tires are such articles.

Basically, if the product will be processed in some way after leaving the manufacturing site — heated, welded, glued, sawed, etc. — and a hazardous chemical could be emitted, it probably will not qualify for the article exemption.

Items that are covered by HCS include (this is not an exhaustive list):

  • Bricks,
  • Metal ingots,
  • Wood products where the hazard is not just combustion (e.g., wood that is cut is covered since the sawdust created during the cut creates a respiratory hazard),
  • Hazardous drugs not in final form or a solid (e.g., drugs that are crushed or dissolved prior to administration),
  • Combustible dusts,
  • Simple asphyxiants,
  • Welding rods/wire,
  • Acid batteries,
  • Switches with mercury in them when a certain percentage break under normal conditions of use,
  • Fabric treated with formaldehyde where downstream garment manufacturing employees will be exposed when making clothing,
  • Consumer products not used in the quantities and the manner that a consumer would use them, and
  • Oil and gas products.

Articles

  • Articles are exempt from the HazCom standard requirements.
  • If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use.

“Articles” are exempt from the requirements of the HazCom standard (HCS). An article is defined as a manufactured item other than a fluid or particle which:

  • Is formed to a specific shape or design during manufacture,
  • Has end use function(s) dependent in whole or in part upon its shape or design during end use, and
  • Must not release more than very small quantities (e.g., minute or trace amounts) of a hazardous chemical, or pose a physical hazard or health risk to employees under normal conditions of use.

It may be difficult to define what is considered “normal conditions of use.” An employer may have a manufactured item that meets the definition of an article, but if it is burned, it produces a hazardous byproduct. The question then becomes, is burning “normal use” for the product? If burning occurs during its normal use, then it cannot be exempted as an article.

Normal use does not include incidental exposure.

If a hazardous chemical can be expected to be released only when the item is repaired, that is not considered part of its normal condition of use. The item would be considered an article under the HCS, and thus exempted. Stainless steel tables, vinyl upholstery, and tires are such articles.

Basically, if the product will be processed in some way after leaving the manufacturing site — heated, welded, glued, sawed, etc. — and a hazardous chemical could be emitted, it probably will not qualify for the article exemption.

Items that are covered by HCS include (this is not an exhaustive list):

  • Bricks,
  • Metal ingots,
  • Wood products where the hazard is not just combustion (e.g., wood that is cut is covered since the sawdust created during the cut creates a respiratory hazard),
  • Hazardous drugs not in final form or a solid (e.g., drugs that are crushed or dissolved prior to administration),
  • Combustible dusts,
  • Simple asphyxiants,
  • Welding rods/wire,
  • Acid batteries,
  • Switches with mercury in them when a certain percentage break under normal conditions of use,
  • Fabric treated with formaldehyde where downstream garment manufacturing employees will be exposed when making clothing,
  • Consumer products not used in the quantities and the manner that a consumer would use them, and
  • Oil and gas products.

What are the requirements?

  • Responsibilities for communicating hazards differ based on how a company uses the chemicals.

Depending on whether a business manufactures, distributes, sells, or simply uses chemicals, the requirements under the HazCom standard vary. Chemical manufacturers have the most stringent requirements in that they are responsible for classifying chemicals as to their hazards. However, employers who use hazardous chemicals have responsibilities to communicate information to employees about the hazards of the chemicals they work with.

Responsibilities for communicating hazards

Chemical manufacturers and importers
  • Classify the hazards of each product.
  • Communicate the hazard information and associated safety measures downstream to customers through labels and safety data sheets (SDSs).
Distributors
  • Communicate the hazard information and associated safety measures downstream to customers (other distributors and end-users) through labels and SDSs.
Employers
  • Identify and list hazardous chemicals in the workplaces.
  • Obtain SDSs and labels for each hazardous chemical.
  • Develop and implement a written hazard communication program, including labels, SDSs, and employee training, based on the list of chemicals, SDSs and label information.
  • Communicate hazard information to employees through labels, SDSs and formal training programs.
Employers in work operations where employees only handle chemicals in sealed containers
  • Ensure that labels on incoming containers are not removed.
  • Maintain SDSs that are received.
  • Provide SDS upon employee request.
  • Provide training relative to spills and leaks.
Retail distributors
  • Provide SDS upon request to commercial customers.
  • Post a sign to inform customers that SDSs are available.

Laboratories and handling chemicals in sealed containers

  • Laboratories do not need to have a written HazCom program and list of chemicals.
  • Certain actions must be done in work operations where employees only handle chemicals in sealed containers.

Laboratories

In laboratories, employers do not have to have a written HazCom program and list of chemicals. They do have to:

  • Make sure that labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain any safety data sheets (SDSs) that are received with incoming shipments of hazardous chemicals,
  • Make SDSs readily accessible during each work shift to laboratory employees when they are in their work areas, and
  • Provide laboratory employees with information and training on the chemical hazards in the work area, methods to detect exposures, ways to protect themselves, and so on.

Handling chemicals in sealed containers

In work operations like warehouses, where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, employers must:

  • Make sure container labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals,
  • Obtain an SDS as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests it,
  • Make SDSs available during each work shift to employees when they are in their work area(s), and
  • Provide employees with information and training in accordance with 1910.1200(h) as needed to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.

Laboratories and handling chemicals in sealed containers

  • Laboratories do not need to have a written HazCom program and list of chemicals.
  • Certain actions must be done in work operations where employees only handle chemicals in sealed containers.

Laboratories

In laboratories, employers do not have to have a written HazCom program and list of chemicals. They do have to:

  • Make sure that labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain any safety data sheets (SDSs) that are received with incoming shipments of hazardous chemicals,
  • Make SDSs readily accessible during each work shift to laboratory employees when they are in their work areas, and
  • Provide laboratory employees with information and training on the chemical hazards in the work area, methods to detect exposures, ways to protect themselves, and so on.

Handling chemicals in sealed containers

In work operations like warehouses, where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, employers must:

  • Make sure container labels on incoming containers of hazardous chemicals are not removed or defaced,
  • Maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals,
  • Obtain an SDS as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests it,
  • Make SDSs available during each work shift to employees when they are in their work area(s), and
  • Provide employees with information and training in accordance with 1910.1200(h) as needed to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.

Hazard classification procedures

  • There are four steps in the process of hazard classification.

The basis for hazard communication is the chemical hazard evaluation and classification.

Those who know the most about the chemicals — the chemical manufacturers and importers — must classify the hazards of the chemicals they produce or import and convey hazard information to downstream employers where the chemicals are used.

An employer that manufactures, processes, formulates, blends, mixes, repackages, or otherwise changes the composition of a hazardous chemical is also considered a “chemical manufacturer.”

Hazard information is standardized, both in the evaluation and classification method, as well as in label elements, safety data sheet (SDS) elements, and hazard statements. In other words, if a chemical is determined to be a “Category 1 flammable gas” there is a predetermined pictogram, signal word and other label elements, hazard and precautionary statements, based upon that classification that must be used.

Chemical manufacturers and importers classifying chemicals must identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. The process of hazard classification consists of four basic steps:

  • Selection of chemicals to evaluate,
  • Collection of data,
  • Analysis of the collected data, and
  • Records of the rationale behind the results obtained.

OSHA requires chemical manufacturers to consult Appendix A to 1910.1200 for classification of health hazards, and Appendix B to 1910.1200 for the classification of physical hazards.

Mixtures and by-products

  • It is recommended to use the test data for the complete mixture, if available.
  • During hazard determination or hazard classification, account for any hazardous by-products.

Mixtures

Chemical manufacturers and importers evaluating chemical mixtures must follow the procedures described in Appendices A and B to 1910.1200. Under the HazCom standard, it is recommended to use the test data for the complete mixture, if available. If not, then there are other options for classifying the mixture using “bridging principles” based on ingredients and data.

By-products

Hazard determination or hazard classification must anticipate the full range of downstream uses of products and account for any hazardous by-products which may be formed. Decomposition products produced during normal conditions of use or in foreseeable emergencies for the product are covered.

For example, a manufacturer of gasoline must inform downstream users of the hazards of carbon monoxide, since carbon monoxide is a hazardous chemical and is “known to be present” as a by-product resulting from the use of gasoline.

Testing is not required

  • Testing, unlike collection and analysis of data, is not required for the HazCom standard.

The standard does not require the testing of chemicals — only the collection and analysis of currently available data. Nevertheless, if no data is available or it is questionable, testing should be considered when hazardous properties are suspected.

Tests conducted according to internationally recognized scientific principles can be used for purposes of hazard classification. In the case of health hazards, for example, this includes the results of valid in vitro tests, relevant animal data, and human experience, such as epidemiological and clinical studies, and well-documented case reports and observations.

If no hazards are found, the manufacturer, importer, or employer is not required to take further action pertaining to the evaluated chemical.

Hazard class and category

  • Classify substances by “Hazard Classes” and assign a “Category” for severity.
  • Hazard classes are further sub-divided into hazard categories.
  • Low hazard categories mean higher severity in a class.

OSHA requires that these parties evaluate and classify each substance using pre-determined “Hazard Classes” (e.g., “flammable gas”). After that has been done, the manufacturer or importer must then assign a “Category” to show severity of the hazard.

OSHA uses “hazard class” and “hazard category” to further break down the hazardous effects of chemicals or mixtures into levels of severity. OSHA does not classify nor approve of classification of chemicals.

OSHA says that the breakdown of hazard classes into categories that reflect different severities or levels of effect will provide both employers and employees with more precise information to:

  • Understand the hazards,
  • Determine the risks in the workplace, and
  • Respond to exposure incidents.

A “hazard class” is defined as “the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.” Most hazard classes are further sub-divided into categories of hazard.

The definitions of the physical or health hazard classes are specific and detailed. Each hazard or endpoint (e.g., explosives, carcinogenicity) is a hazard class.

The definition of “hazard category” is the division of criteria within each hazard class that compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.

The lower the category number, the higher the severity within that class (for example, a Category 1 flammable gas is more flammable than a Category 2). Depending on the class, there can be up to five categories.

The HazCom standard includes the classification criteria for 11 health hazard classes. In many cases, a chemical may pose more than one type of health hazard.

OSHA’s guidance on determining health hazards can be viewed in Appendix A to 1910.1200, Health Hazard Criteria.

OSHA’s guidance on determining physical hazards can be viewed in Appendix B to 1910.1200, Physical Criteria.

OSHA defined hazards and HNOC

  • Defined hazards include pyrophoric gases, simple asphyxiants, and combustible dusts.

OSHA has also added three “defined hazards” into the HazCom standard to address known hazards that have no corresponding Globally Harmonized System (GHS) classification. These OSHA defined hazards are:

  • Pyrophoric gases
  • Simple asphyxiants
  • Combustible dusts

Hazards not otherwise classified (HNOC)

A “hazard not otherwise classified ” is a chemical with adverse physical or health effects which either fall below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).

Hazardous wastes

  • Many wastes not covered by RCRA do not fall under the scope of the HazCom standard.

The HazCom rule does not apply to “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.”

A vast majority of wastes that are not covered by the Resource Conservation and Recovery Act (RCRA) do not exhibit any hazardous properties, and therefore do not fall under the scope of the HazCom standard. However, there is a small subset of these waste materials that may exhibit some level of hazard (such as toxicity) if ingested, injected, absorbed, or inhaled in significant quantities.

Examples of hazardous wastes that are not covered by RCRA include:

  • Non-RCRA regulated commercial solid waste.
  • Electronic wastes (recycled computers, cell phones, electronic devices).
  • Household hazardous wastes.
  • Waste products that are clearly non-RCRA hazardous wastes, but may require a Department of Transportation (DOT) hazard label because of chemical properties.

When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6). For a non-RCRA waste product, the HazCom standard does not require that the waste generator create their own label or safety data sheet (SDS); however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

Mixtures and by-products

  • It is recommended to use the test data for the complete mixture, if available.
  • During hazard determination or hazard classification, account for any hazardous by-products.

Mixtures

Chemical manufacturers and importers evaluating chemical mixtures must follow the procedures described in Appendices A and B to 1910.1200. Under the HazCom standard, it is recommended to use the test data for the complete mixture, if available. If not, then there are other options for classifying the mixture using “bridging principles” based on ingredients and data.

By-products

Hazard determination or hazard classification must anticipate the full range of downstream uses of products and account for any hazardous by-products which may be formed. Decomposition products produced during normal conditions of use or in foreseeable emergencies for the product are covered.

For example, a manufacturer of gasoline must inform downstream users of the hazards of carbon monoxide, since carbon monoxide is a hazardous chemical and is “known to be present” as a by-product resulting from the use of gasoline.

Testing is not required

  • Testing, unlike collection and analysis of data, is not required for the HazCom standard.

The standard does not require the testing of chemicals — only the collection and analysis of currently available data. Nevertheless, if no data is available or it is questionable, testing should be considered when hazardous properties are suspected.

Tests conducted according to internationally recognized scientific principles can be used for purposes of hazard classification. In the case of health hazards, for example, this includes the results of valid in vitro tests, relevant animal data, and human experience, such as epidemiological and clinical studies, and well-documented case reports and observations.

If no hazards are found, the manufacturer, importer, or employer is not required to take further action pertaining to the evaluated chemical.

Hazard class and category

  • Classify substances by “Hazard Classes” and assign a “Category” for severity.
  • Hazard classes are further sub-divided into hazard categories.
  • Low hazard categories mean higher severity in a class.

OSHA requires that these parties evaluate and classify each substance using pre-determined “Hazard Classes” (e.g., “flammable gas”). After that has been done, the manufacturer or importer must then assign a “Category” to show severity of the hazard.

OSHA uses “hazard class” and “hazard category” to further break down the hazardous effects of chemicals or mixtures into levels of severity. OSHA does not classify nor approve of classification of chemicals.

OSHA says that the breakdown of hazard classes into categories that reflect different severities or levels of effect will provide both employers and employees with more precise information to:

  • Understand the hazards,
  • Determine the risks in the workplace, and
  • Respond to exposure incidents.

A “hazard class” is defined as “the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.” Most hazard classes are further sub-divided into categories of hazard.

The definitions of the physical or health hazard classes are specific and detailed. Each hazard or endpoint (e.g., explosives, carcinogenicity) is a hazard class.

The definition of “hazard category” is the division of criteria within each hazard class that compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.

The lower the category number, the higher the severity within that class (for example, a Category 1 flammable gas is more flammable than a Category 2). Depending on the class, there can be up to five categories.

The HazCom standard includes the classification criteria for 11 health hazard classes. In many cases, a chemical may pose more than one type of health hazard.

OSHA’s guidance on determining health hazards can be viewed in Appendix A to 1910.1200, Health Hazard Criteria.

OSHA’s guidance on determining physical hazards can be viewed in Appendix B to 1910.1200, Physical Criteria.

OSHA defined hazards and HNOC

  • Defined hazards include pyrophoric gases, simple asphyxiants, and combustible dusts.

OSHA has also added three “defined hazards” into the HazCom standard to address known hazards that have no corresponding Globally Harmonized System (GHS) classification. These OSHA defined hazards are:

  • Pyrophoric gases
  • Simple asphyxiants
  • Combustible dusts

Hazards not otherwise classified (HNOC)

A “hazard not otherwise classified ” is a chemical with adverse physical or health effects which either fall below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).

Hazardous wastes

  • Many wastes not covered by RCRA do not fall under the scope of the HazCom standard.

The HazCom rule does not apply to “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.”

A vast majority of wastes that are not covered by the Resource Conservation and Recovery Act (RCRA) do not exhibit any hazardous properties, and therefore do not fall under the scope of the HazCom standard. However, there is a small subset of these waste materials that may exhibit some level of hazard (such as toxicity) if ingested, injected, absorbed, or inhaled in significant quantities.

Examples of hazardous wastes that are not covered by RCRA include:

  • Non-RCRA regulated commercial solid waste.
  • Electronic wastes (recycled computers, cell phones, electronic devices).
  • Household hazardous wastes.
  • Waste products that are clearly non-RCRA hazardous wastes, but may require a Department of Transportation (DOT) hazard label because of chemical properties.

When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6). For a non-RCRA waste product, the HazCom standard does not require that the waste generator create their own label or safety data sheet (SDS); however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

Labels

  • Labels provide immediate warning and must be on the immediate container of each hazardous chemical.
  • Shipped containers of hazardous chemicals must have six different required label elements.

Summary of requirements

The HazCom standard requires that a label must be on the immediate container of each hazardous chemical. The label provides an immediate warning of the hazards and protective information related to the chemical and is a summary of the more detailed information available on the safety data sheet (SDS).

Labels are not intended to be either the sole or the most complete source of information regarding the nature or identity of the hazardous chemicals in the container. The chemical identity on the label must match the chemical’s SDS, which contains more extensive information. The chemical manufacturer, importer, or distributor is required to:

  • Provide labels on shipped containers with all the required label elements for the hazard class(es).
  • Update labels within six months of becoming aware of any new hazard information and ensure that labels on containers shipped after that time contain the new information.

Employers are required to ensure that:

  • Containers of hazardous chemicals in the workplace are labeled.
  • Labels remain readable and are not smudged or defaced.
  • Labels are at least in English.
  • Employees are trained on the labels used in the workplace.

Labels on shipped containers

All shipped containers of hazardous chemicals must be labeled with the required label elements:

  • Product identifier,
  • Signal word,
  • Pictogram,
  • Hazard statement(s),
  • Precautionary statement(s), and
  • Name, address and phone number of the responsible party.

Labeling exemptions

Many government agencies require labeling on items they regulate. Even though the chemicals themselves are covered under HazCom, the Occupational Safety and Health Administration (OSHA) does not require hazard communication labeling for the following chemicals:

  • Any pesticide, labeled under the Federal Insecticide, Fungicide, and Rodenticide Act.
  • Any chemical substance or mixture labeled under the Toxic Substances Control Act.
  • Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device labeled under the Federal Food, Drug, and Cosmetic Act or the Virus-Serum-Toxin Act.
  • Any alcoholic beverages, wine or beer intended for nonindustrial use, labeled under the Federal Alcohol Administration Act.
  • Agricultural or vegetable seed treated with pesticides and labeled under the Federal Seed Act.
  • Any consumer product or hazardous substance, labeled under the Consumer Product Safety Act.

Required pictograms under HazCom

  • GHS pictograms are required on labels of shipped containers and help identify physical and health hazards.

Pictograms are one of the required elements on labels of shipped containers and help identify physical and health hazards.

On shipped containers, pictograms consist of a red square frame set at a point with a black hazard symbol on a white background, sufficiently wide to be clearly visible. On workplace (or in-plant) labels only, pictograms may have a black border, rather than a red border.

The Globally Harmonized System (GHS) uses nine pictograms, but the Occupational Safety and Health Administration (OSHA) did not adopt the environmental pictogram. It may be seen on labels and safety data sheets (SDSs) to convey environmental hazards, and it may provide useful information to use in managing chemicals, but its use is not required by the HazCom standard.

Label design and in-house labeling

  • Labels must be legible and pictograms, signal words, and hazard statements should be together on the label.
  • Maintain the labels of any containers received already labeled from the supplier.

The label format or layout is not specified by the Occupational Safety and Health Administration (OSHA), except to require that the pictograms, signal word, and hazard statements should be located together on the label. OSHA states that the three elements should appear in “the same field of view.”

There are also no guidelines or requirements on label size. However, OSHA says that labels must be legible without the use of any aid except corrective lenses if the person reading the label normally must wear glasses. If the label is not legible, it is not in compliance.

In-house labeling

For those containers that are received already labeled from the supplier, simply maintaining the label on the container is the best and easiest option. If materials are transferred in the workplace from labeled containers into other containers, the employer must ensure that these are labeled as well, unless they fall under the portable container exemption.

In-house containers of hazardous chemicals must be labeled, tagged, or marked with either:

  • The same label information required on shipped containers (apart from the supplier identification), or
  • A product identifier and words, pictures, symbols, or some combination that provides general hazard information regarding the physical and health hazards of the hazardous chemical.

The employer shall ensure that workplace 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.

For in-house purposes, the employer can re-label using the label elements found on the original, shipped container, or use an alternative labeling system, such as the National Fire Protection Association (NFPA) or the Hazardous Materials Identification System (HMIS®).

HMIS® and NFPA labeling systems

  • If using an alternative labeling system, it cannot conflict with HazCom.

The Occupational Safety and Health Administration (OSHA) says that employers who use general, nonspecific in-plant labeling systems such as the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA) must ensure through their hazard communication program that their employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings.

If an employer does choose to use an alternative labeling system, it may not conflict with HazCom. For example, under the HazCom standard, labels of chemicals that present specific target organ toxicity hazards must display the health hazard symbol. The skull and crossbones symbol is used only for certain acute toxicity hazards. If an in-house label used the skull and crossbones symbol for a specific target organ toxin, it would be in conflict with the HazCom standard.

Where all hazards are not addressed by a particular rating system, such as chronic health hazards, the hazards not addressed must be communicated by words, pictures, symbols, or a combination, in addition to the rating system number.

NFPA or HMIS® rating systems do not directly correlate with the HazCom standard (HCS) classifications (e.g., the NFPA rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”). Category numbers do not appear on HazCom shipped container labels and are not equivalent to the numbers used in the hazard rating systems. A user of the HMIS® or NFPA system should use those systems as they are designed, and not try to include HazCom standard classifications as part of the label.

Relabeling containers

  • Relabeling containers may be necessary in some situations.

While employers are never required under the HazCom standard to re-label already labeled containers, there are several situations in which relabeling may be needed:

  1. If the received quantity of a chemical is broken down into smaller containers, employers need to label these containers.
  2. Labels that fall off or become unreadable must be replaced.
  3. Relabeling incoming containers for a company-wide uniform labeling system. This also makes training easier because the employer only needs to explain one system of labels.

Although an employer may choose to provide additional information, the Occupational Safety and Health Administration’s (OSHA’s) requirements are limited to that required to convey the hazards to users. Other data regarding protective measures and first aid are included on the safety data sheet (SDS) or covered during training. In evaluating the effectiveness of labels, OSHA has found that the more detail that appears on a label, the less likely it is that users will read and act on the information.

Portable containers and small containers

  • The employer is not required to label portable containers where hazardous chemicals are transferred from labeled containers, and which are for immediate use.
  • Just because a container is small does not mean it is exempt from a label.

Portable containers

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. “Immediate use” 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.

Problems arise when the shift ends and there is material left in the portable container, or if another employee needs to use the container/substance. Before the chemical can be passed along to another employee, the container must be properly labeled.

Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, as the sample would then fall under the portable container exemption.

Small containers

There are no exemptions from labeling due to the size of the container. The Occupational Safety and Health Administration (OSHA) says labeling can be done with pull-out labels, fold-back labels, tags or other methods.

OSHA has granted the following practical accommodation for small container labels where manufacturers can show that it is not feasible to use pull-out labels, fold-back labels, or tags, containing the full HazCom standard (HCS)-required information:

  • The shipped small container (i.e., the actual container holding the hazardous chemical), at a minimum, must contain the following:
    • Product identifier
    • Appropriate pictogram(s)
    • Signal word
    • Manufacturer’s name and phone number
    • A statement indicating the full label information for the chemical is provided on the outside package.
  • The outside packaging, at a minimum, must comply with the following:
    • All the applicable label elements, as defined in 1910.1200(f)(1).
    • The outside packaging described above is the object (e.g., bag, box) that the immediate product container is placed into; it does not refer to the exterior shipping container.
    • The outside package must be clearly marked to ensure the complete label elements are visible, and it must clearly inform users that the small container must be stored in the outer container bearing the complete label. The complete label must be maintained on the outer package (e.g., not torn, defaced, destroyed).
    • The manufacturer must ensure that any alternative labeling used does not conflict with any other standards. As such, the external packaging must not present a hazard while the material is being stored (e.g., combustible material being stored in a flammable locker).

However, OSHA does not consider an increase in cost for the use of tags, fold-back labels, or pull-out labels an acceptable reason to use this practical accommodation.

Stationary process containers and bulk shipping containers

  • Signs, placards, process sheets, batch tickets, operating procedures, or other written materials may be used in lieu of affixing labels to individual stationary process containers.
  • In the case of bulk shipping containers, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

For purposes of the HazCom standard, the Occupational Safety and Health Administration (OSHA) says a stationary process container means a container that is not mobile, in which a process other than storage takes place, or a stationary container which contains a liquid (other than water) used for dipping and coating.

  • Examples of stationary process containers are permanent dip tanks, and permanent mixing vessels.
  • Items which are not stationary process containers are storage tanks (even if connected to a distribution system), and portable dip tanks.

Employers 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 1910.1200(f)(6) to be on a label (i.e., the information required to be on shipped containers, as found in 1910.1200(f)(1)(i) through (v)).

Employers shall ensure these written materials are readily accessible to employees in their work area throughout each work shift.

Bulk shipping containers

Where the shipping container is a tank truck, rail car, or similar vehicle, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

  • Department of Transportation (DOT) placards are intended to provide protection for those involved in transportation.
  • OSHA labels are intended to protect the employees of the downstream recipient.

DOT labels and placards

  • DOT label requirements take precedence during transportation.
  • Small containers packed in larger shipped containers require an HCS label but not a DOT label.

During transportation, the Department of Transportation (DOT) label requirements take precedence. If hazardous chemical containers are packaged within another container (such as small bottles packed inside a box), the outer container is required to be labeled per DOT regulations, but a HazCom standard (HCS) label is not required to appear on the outer container. The smaller containers packed inside the larger shipped container would require the HCS label, but do not require the DOT label.

If shipped containers are not packaged within another container, such as a bucket, drum, or tote, then these containers must have both the DOT required markings and the HCS label, tag, or marking. In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the HCS labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading.

Packages, containers, rail cars, or similar vessels holding hazardous materials regulated by the DOT and shipped to a workplace are required to arrive fully marked, placarded, or labeled according to the hazardous materials regulations (HMR). The retention rule requires employers who receive hazardous materials to retain markings and any other information specified by HMR until the materials have been removed so they no longer pose a health or safety risk.

If a tanker truck or railroad tank car is stored (wheels chocked and cab/engine disconnected from the tanker/rail car) prior to offloading, it may be labeled as a stationary process container. If the tanker truck or railroad tank car becomes part of the process (e.g., hooked up to the piping system, used as a process container), it must also be labeled and may be labeled as a stationary process container. However, if the tanker truck or railroad tank car is used as a transport container in-house (e.g., internal railroad car system), the container is no longer stationary, and it may not be labeled as a stationary process container.

Additionally, if a tanker truck or railroad tank car that is labeled in accordance with the Department of Transportation (DOT) labeling requirements arrives at a facility and is offloaded into a storage tank, without storage of the tanker truck or railroad car, the Occupational Safety and Health Administration (OSHA) says the DOT labeling would be sufficient on the tanker truck or railroad car.

Required pictograms under HazCom

  • GHS pictograms are required on labels of shipped containers and help identify physical and health hazards.

Pictograms are one of the required elements on labels of shipped containers and help identify physical and health hazards.

On shipped containers, pictograms consist of a red square frame set at a point with a black hazard symbol on a white background, sufficiently wide to be clearly visible. On workplace (or in-plant) labels only, pictograms may have a black border, rather than a red border.

The Globally Harmonized System (GHS) uses nine pictograms, but the Occupational Safety and Health Administration (OSHA) did not adopt the environmental pictogram. It may be seen on labels and safety data sheets (SDSs) to convey environmental hazards, and it may provide useful information to use in managing chemicals, but its use is not required by the HazCom standard.

Label design and in-house labeling

  • Labels must be legible and pictograms, signal words, and hazard statements should be together on the label.
  • Maintain the labels of any containers received already labeled from the supplier.

The label format or layout is not specified by the Occupational Safety and Health Administration (OSHA), except to require that the pictograms, signal word, and hazard statements should be located together on the label. OSHA states that the three elements should appear in “the same field of view.”

There are also no guidelines or requirements on label size. However, OSHA says that labels must be legible without the use of any aid except corrective lenses if the person reading the label normally must wear glasses. If the label is not legible, it is not in compliance.

In-house labeling

For those containers that are received already labeled from the supplier, simply maintaining the label on the container is the best and easiest option. If materials are transferred in the workplace from labeled containers into other containers, the employer must ensure that these are labeled as well, unless they fall under the portable container exemption.

In-house containers of hazardous chemicals must be labeled, tagged, or marked with either:

  • The same label information required on shipped containers (apart from the supplier identification), or
  • A product identifier and words, pictures, symbols, or some combination that provides general hazard information regarding the physical and health hazards of the hazardous chemical.

The employer shall ensure that workplace 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.

For in-house purposes, the employer can re-label using the label elements found on the original, shipped container, or use an alternative labeling system, such as the National Fire Protection Association (NFPA) or the Hazardous Materials Identification System (HMIS®).

HMIS® and NFPA labeling systems

  • If using an alternative labeling system, it cannot conflict with HazCom.

The Occupational Safety and Health Administration (OSHA) says that employers who use general, nonspecific in-plant labeling systems such as the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA) must ensure through their hazard communication program that their employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings.

If an employer does choose to use an alternative labeling system, it may not conflict with HazCom. For example, under the HazCom standard, labels of chemicals that present specific target organ toxicity hazards must display the health hazard symbol. The skull and crossbones symbol is used only for certain acute toxicity hazards. If an in-house label used the skull and crossbones symbol for a specific target organ toxin, it would be in conflict with the HazCom standard.

Where all hazards are not addressed by a particular rating system, such as chronic health hazards, the hazards not addressed must be communicated by words, pictures, symbols, or a combination, in addition to the rating system number.

NFPA or HMIS® rating systems do not directly correlate with the HazCom standard (HCS) classifications (e.g., the NFPA rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”). Category numbers do not appear on HazCom shipped container labels and are not equivalent to the numbers used in the hazard rating systems. A user of the HMIS® or NFPA system should use those systems as they are designed, and not try to include HazCom standard classifications as part of the label.

Relabeling containers

  • Relabeling containers may be necessary in some situations.

While employers are never required under the HazCom standard to re-label already labeled containers, there are several situations in which relabeling may be needed:

  1. If the received quantity of a chemical is broken down into smaller containers, employers need to label these containers.
  2. Labels that fall off or become unreadable must be replaced.
  3. Relabeling incoming containers for a company-wide uniform labeling system. This also makes training easier because the employer only needs to explain one system of labels.

Although an employer may choose to provide additional information, the Occupational Safety and Health Administration’s (OSHA’s) requirements are limited to that required to convey the hazards to users. Other data regarding protective measures and first aid are included on the safety data sheet (SDS) or covered during training. In evaluating the effectiveness of labels, OSHA has found that the more detail that appears on a label, the less likely it is that users will read and act on the information.

Portable containers and small containers

  • The employer is not required to label portable containers where hazardous chemicals are transferred from labeled containers, and which are for immediate use.
  • Just because a container is small does not mean it is exempt from a label.

Portable containers

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. “Immediate use” 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.

Problems arise when the shift ends and there is material left in the portable container, or if another employee needs to use the container/substance. Before the chemical can be passed along to another employee, the container must be properly labeled.

Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, as the sample would then fall under the portable container exemption.

Small containers

There are no exemptions from labeling due to the size of the container. The Occupational Safety and Health Administration (OSHA) says labeling can be done with pull-out labels, fold-back labels, tags or other methods.

OSHA has granted the following practical accommodation for small container labels where manufacturers can show that it is not feasible to use pull-out labels, fold-back labels, or tags, containing the full HazCom standard (HCS)-required information:

  • The shipped small container (i.e., the actual container holding the hazardous chemical), at a minimum, must contain the following:
    • Product identifier
    • Appropriate pictogram(s)
    • Signal word
    • Manufacturer’s name and phone number
    • A statement indicating the full label information for the chemical is provided on the outside package.
  • The outside packaging, at a minimum, must comply with the following:
    • All the applicable label elements, as defined in 1910.1200(f)(1).
    • The outside packaging described above is the object (e.g., bag, box) that the immediate product container is placed into; it does not refer to the exterior shipping container.
    • The outside package must be clearly marked to ensure the complete label elements are visible, and it must clearly inform users that the small container must be stored in the outer container bearing the complete label. The complete label must be maintained on the outer package (e.g., not torn, defaced, destroyed).
    • The manufacturer must ensure that any alternative labeling used does not conflict with any other standards. As such, the external packaging must not present a hazard while the material is being stored (e.g., combustible material being stored in a flammable locker).

However, OSHA does not consider an increase in cost for the use of tags, fold-back labels, or pull-out labels an acceptable reason to use this practical accommodation.

Stationary process containers and bulk shipping containers

  • Signs, placards, process sheets, batch tickets, operating procedures, or other written materials may be used in lieu of affixing labels to individual stationary process containers.
  • In the case of bulk shipping containers, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

For purposes of the HazCom standard, the Occupational Safety and Health Administration (OSHA) says a stationary process container means a container that is not mobile, in which a process other than storage takes place, or a stationary container which contains a liquid (other than water) used for dipping and coating.

  • Examples of stationary process containers are permanent dip tanks, and permanent mixing vessels.
  • Items which are not stationary process containers are storage tanks (even if connected to a distribution system), and portable dip tanks.

Employers 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 1910.1200(f)(6) to be on a label (i.e., the information required to be on shipped containers, as found in 1910.1200(f)(1)(i) through (v)).

Employers shall ensure these written materials are readily accessible to employees in their work area throughout each work shift.

Bulk shipping containers

Where the shipping container is a tank truck, rail car, or similar vehicle, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

  • Department of Transportation (DOT) placards are intended to provide protection for those involved in transportation.
  • OSHA labels are intended to protect the employees of the downstream recipient.

DOT labels and placards

  • DOT label requirements take precedence during transportation.
  • Small containers packed in larger shipped containers require an HCS label but not a DOT label.

During transportation, the Department of Transportation (DOT) label requirements take precedence. If hazardous chemical containers are packaged within another container (such as small bottles packed inside a box), the outer container is required to be labeled per DOT regulations, but a HazCom standard (HCS) label is not required to appear on the outer container. The smaller containers packed inside the larger shipped container would require the HCS label, but do not require the DOT label.

If shipped containers are not packaged within another container, such as a bucket, drum, or tote, then these containers must have both the DOT required markings and the HCS label, tag, or marking. In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the HCS labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading.

Packages, containers, rail cars, or similar vessels holding hazardous materials regulated by the DOT and shipped to a workplace are required to arrive fully marked, placarded, or labeled according to the hazardous materials regulations (HMR). The retention rule requires employers who receive hazardous materials to retain markings and any other information specified by HMR until the materials have been removed so they no longer pose a health or safety risk.

If a tanker truck or railroad tank car is stored (wheels chocked and cab/engine disconnected from the tanker/rail car) prior to offloading, it may be labeled as a stationary process container. If the tanker truck or railroad tank car becomes part of the process (e.g., hooked up to the piping system, used as a process container), it must also be labeled and may be labeled as a stationary process container. However, if the tanker truck or railroad tank car is used as a transport container in-house (e.g., internal railroad car system), the container is no longer stationary, and it may not be labeled as a stationary process container.

Additionally, if a tanker truck or railroad tank car that is labeled in accordance with the Department of Transportation (DOT) labeling requirements arrives at a facility and is offloaded into a storage tank, without storage of the tanker truck or railroad car, the Occupational Safety and Health Administration (OSHA) says the DOT labeling would be sufficient on the tanker truck or railroad car.

HMIS® and NFPA labeling systems

  • If using an alternative labeling system, it cannot conflict with HazCom.

The Occupational Safety and Health Administration (OSHA) says that employers who use general, nonspecific in-plant labeling systems such as the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA) must ensure through their hazard communication program that their employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings.

If an employer does choose to use an alternative labeling system, it may not conflict with HazCom. For example, under the HazCom standard, labels of chemicals that present specific target organ toxicity hazards must display the health hazard symbol. The skull and crossbones symbol is used only for certain acute toxicity hazards. If an in-house label used the skull and crossbones symbol for a specific target organ toxin, it would be in conflict with the HazCom standard.

Where all hazards are not addressed by a particular rating system, such as chronic health hazards, the hazards not addressed must be communicated by words, pictures, symbols, or a combination, in addition to the rating system number.

NFPA or HMIS® rating systems do not directly correlate with the HazCom standard (HCS) classifications (e.g., the NFPA rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”). Category numbers do not appear on HazCom shipped container labels and are not equivalent to the numbers used in the hazard rating systems. A user of the HMIS® or NFPA system should use those systems as they are designed, and not try to include HazCom standard classifications as part of the label.

Relabeling containers

  • Relabeling containers may be necessary in some situations.

While employers are never required under the HazCom standard to re-label already labeled containers, there are several situations in which relabeling may be needed:

  1. If the received quantity of a chemical is broken down into smaller containers, employers need to label these containers.
  2. Labels that fall off or become unreadable must be replaced.
  3. Relabeling incoming containers for a company-wide uniform labeling system. This also makes training easier because the employer only needs to explain one system of labels.

Although an employer may choose to provide additional information, the Occupational Safety and Health Administration’s (OSHA’s) requirements are limited to that required to convey the hazards to users. Other data regarding protective measures and first aid are included on the safety data sheet (SDS) or covered during training. In evaluating the effectiveness of labels, OSHA has found that the more detail that appears on a label, the less likely it is that users will read and act on the information.

Portable containers and small containers

  • The employer is not required to label portable containers where hazardous chemicals are transferred from labeled containers, and which are for immediate use.
  • Just because a container is small does not mean it is exempt from a label.

Portable containers

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. “Immediate use” 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.

Problems arise when the shift ends and there is material left in the portable container, or if another employee needs to use the container/substance. Before the chemical can be passed along to another employee, the container must be properly labeled.

Quality control samples taken in a plant must be labeled, tagged, or marked unless the person taking the sample is also going to be performing the analysis, as the sample would then fall under the portable container exemption.

Small containers

There are no exemptions from labeling due to the size of the container. The Occupational Safety and Health Administration (OSHA) says labeling can be done with pull-out labels, fold-back labels, tags or other methods.

OSHA has granted the following practical accommodation for small container labels where manufacturers can show that it is not feasible to use pull-out labels, fold-back labels, or tags, containing the full HazCom standard (HCS)-required information:

  • The shipped small container (i.e., the actual container holding the hazardous chemical), at a minimum, must contain the following:
    • Product identifier
    • Appropriate pictogram(s)
    • Signal word
    • Manufacturer’s name and phone number
    • A statement indicating the full label information for the chemical is provided on the outside package.
  • The outside packaging, at a minimum, must comply with the following:
    • All the applicable label elements, as defined in 1910.1200(f)(1).
    • The outside packaging described above is the object (e.g., bag, box) that the immediate product container is placed into; it does not refer to the exterior shipping container.
    • The outside package must be clearly marked to ensure the complete label elements are visible, and it must clearly inform users that the small container must be stored in the outer container bearing the complete label. The complete label must be maintained on the outer package (e.g., not torn, defaced, destroyed).
    • The manufacturer must ensure that any alternative labeling used does not conflict with any other standards. As such, the external packaging must not present a hazard while the material is being stored (e.g., combustible material being stored in a flammable locker).

However, OSHA does not consider an increase in cost for the use of tags, fold-back labels, or pull-out labels an acceptable reason to use this practical accommodation.

Stationary process containers and bulk shipping containers

  • Signs, placards, process sheets, batch tickets, operating procedures, or other written materials may be used in lieu of affixing labels to individual stationary process containers.
  • In the case of bulk shipping containers, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

For purposes of the HazCom standard, the Occupational Safety and Health Administration (OSHA) says a stationary process container means a container that is not mobile, in which a process other than storage takes place, or a stationary container which contains a liquid (other than water) used for dipping and coating.

  • Examples of stationary process containers are permanent dip tanks, and permanent mixing vessels.
  • Items which are not stationary process containers are storage tanks (even if connected to a distribution system), and portable dip tanks.

Employers 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 1910.1200(f)(6) to be on a label (i.e., the information required to be on shipped containers, as found in 1910.1200(f)(1)(i) through (v)).

Employers shall ensure these written materials are readily accessible to employees in their work area throughout each work shift.

Bulk shipping containers

Where the shipping container is a tank truck, rail car, or similar vehicle, the appropriate label may be posted on the outside of the vehicle or attached to the shipping papers.

  • Department of Transportation (DOT) placards are intended to provide protection for those involved in transportation.
  • OSHA labels are intended to protect the employees of the downstream recipient.

DOT labels and placards

  • DOT label requirements take precedence during transportation.
  • Small containers packed in larger shipped containers require an HCS label but not a DOT label.

During transportation, the Department of Transportation (DOT) label requirements take precedence. If hazardous chemical containers are packaged within another container (such as small bottles packed inside a box), the outer container is required to be labeled per DOT regulations, but a HazCom standard (HCS) label is not required to appear on the outer container. The smaller containers packed inside the larger shipped container would require the HCS label, but do not require the DOT label.

If shipped containers are not packaged within another container, such as a bucket, drum, or tote, then these containers must have both the DOT required markings and the HCS label, tag, or marking. In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the HCS labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading.

Packages, containers, rail cars, or similar vessels holding hazardous materials regulated by the DOT and shipped to a workplace are required to arrive fully marked, placarded, or labeled according to the hazardous materials regulations (HMR). The retention rule requires employers who receive hazardous materials to retain markings and any other information specified by HMR until the materials have been removed so they no longer pose a health or safety risk.

If a tanker truck or railroad tank car is stored (wheels chocked and cab/engine disconnected from the tanker/rail car) prior to offloading, it may be labeled as a stationary process container. If the tanker truck or railroad tank car becomes part of the process (e.g., hooked up to the piping system, used as a process container), it must also be labeled and may be labeled as a stationary process container. However, if the tanker truck or railroad tank car is used as a transport container in-house (e.g., internal railroad car system), the container is no longer stationary, and it may not be labeled as a stationary process container.

Additionally, if a tanker truck or railroad tank car that is labeled in accordance with the Department of Transportation (DOT) labeling requirements arrives at a facility and is offloaded into a storage tank, without storage of the tanker truck or railroad car, the Occupational Safety and Health Administration (OSHA) says the DOT labeling would be sufficient on the tanker truck or railroad car.

Safety data sheets (SDSs)

  • Safety data sheets must be readily accessible.
  • New information must be added to the safety data sheet within three months.

Summary of requirements

A hazardous chemical’s safety data sheet (SDS) is the source of detailed information on the physical, health, and environmental hazards of the chemical; protective measures; and safety precautions for handling, storing, and transporting the chemical. The SDS includes information for many different audiences — employers, workers, safety and health professionals, emergency responders, government agencies, and consumers.

The HazCom standard requires that:

  • Chemical manufacturers or importers obtain or develop an SDS for each hazardous chemical produced or imported.
  • Distributors provide SDSs to other distributors and employers with their initial shipment and with the first shipment after a safety data sheet is updated.
  • Employers maintain the most recently received SDS for each hazardous chemical in the facility.
  • SDSs be readily accessible to employees in their work areas during each work shift.
  • SDS files must be updated as new data sheets are received.
  • HazCom training must be considered when new data sheets are received to determine if training must be revised.

Updating SDSs

When new information about safety issues or the hazards of a chemical is learned, the chemical manufacturer, importer, or employer preparing the safety data sheet must add the new information within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer must add the information to the safety data sheet before the chemical is introduced into the workplace again.

Employer responsibilities

  • Safety data sheets are required for each hazardous chemical used in the workplace.

Employers must have a safety data sheet (SDS) for each hazardous chemical which they use. Do not allow employees to use a chemical if the SDS for that chemical has not been received. Employers assume no responsibility for the content and accuracy of the SDS provided to them by the manufacturer, importer, or distributor, unless the employer changes the SDS.

The Occupational Safety and Health Administration (OSHA) requires that the SDS be written in English. However, this should not prevent an employer with employees who speak English as a second language from providing data sheets in other languages.

For workplaces such as warehouses or retail sales where employees do not normally open sealed containers of hazardous chemicals, that employer need only maintain the SDSs that are sent with incoming shipments. If an employee requests an SDS and it is not available, the employer must contact the manufacturer and request one. The primary difference is that the warehouse or hardware store does not have to maintain a complete file of data sheets. This simplifies the paperwork for operations where hundreds of different chemicals pass through but are never opened or worked with.

Readily accessible

  • Safety data sheets must be readily accessible to all workers during each shift.
  • Hard copies of safety data sheets must be available in case of medical emergency.

The Occupational Safety and Health Administration (OSHA) requires that safety data sheets (SDSs) be “readily accessible” to all affected workers during each work shift when they are in their work area. If any barriers to immediate access to SDSs exist, then the employer is not complying with the HazCom standard. Factors to consider include:

  • Must employees ask a supervisor or other management representative for the SDS?
  • Can the employees access the SDSs during each work shift and in each work area?
  • Have employees been trained on how to access SDSs and where they are kept?
  • Do employees know who they can go to if they have questions?

If the employer is maintaining the SDSs on a company website or with an off-site/web-based SDS service provider that provides them electronically, they must ensure that:

  • All employers have adequate access, with no restrictions;
  • There is a backup procedure or system in place in case the system is not functioning;
  • Employees are trained on how to access the SDSs both on the computer and the backup system, and;
  • Employees can receive a hard copy if desired and in cases of emergency. It is not acceptable to only transmit the information verbally.

In the event of a medical emergency, hard copy SDSs must be immediately available to medical personnel. There must be an adequate back-up system for rapid access to SDSs in the event of power outages, equipment failures, or other system failure.

Multi-employer worksite and non-RCRA waste

  • The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical.
  • A label or SDS does not need to be created for a non-RCRA waste product.

Multi-employer worksite

The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical and the availability of the safety data sheet (SDS). If an intermediary employer, such as a general contractor, holds and provides access to the SDSs, the intermediate employer is responsible for ensuring the availability of the SDS(s).

If SDSs are not available because a subcontractor or immediate employer failed to make them readily accessible, that employer will be cited.

Non-RCRA wastes

Waste that does not meet the definition of “hazardous waste” under the Resource Conservation and Recovery Act (RCRA) regulations is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6).

The waste generator does not have to create a label or a safety data sheet (SDS) for a non-RCRA waste product, however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

For mixtures of non-RCRA wastes, it is acceptable to provide multiple SDSs downstream. This would also apply to disposal of mixtures of non-RCRA waste product from laboratories, manufacturers, importers, and distributors.

Air emissions

  • Employee exposure to any air emissions that are being created in the facility must be accounted for.

Hazardous materials can also be created as a by-product of a process or procedure in a facility, such as from:

  • Welding operations,
  • Gasoline-powered forklift vehicles,
  • Power tools with internal combustion motors, and
  • Vehicle bay exhaust.

Employee exposure to any air emissions that are being created in the facility must be accounted for. An employer may need to contact the supplier of the welding rods for help in tracking down the appropriate SDS.

Also, do not overlook gasoline and carbon monoxide. An SDS is required for the fuels used by vehicles such as lift trucks, tractors, or automobiles. Employees should be aware of the potential for exposure to carbon monoxide and associated physical hazards of petroleum fuel products such as fire and explosion.

SDS format and content

  • Safety data sheets must follow a standardized, 16-section format.

The Occupational Safety and Health Administration (OSHA) requires that safety data sheets (SDSs) use a standardized, 16-section format. The sections have generally been organized so that the information of most use to exposed workers, emergency responders, and others who do not need extensive technical detail is in the beginning of the SDS, while the more technical information most commonly read by health and safety professionals is located in the later sections.

Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., firefighting). This should be helpful to those that need to get the information quickly.

Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision.

The SDS must contain Sections 12 through 15 to be consistent with the Globally Harmonized System (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

Sections 1 and 2

  • Section 1 identifies the chemical on the SDS as well as recommended uses.
  • Section 2 identifies the hazards of the chemical on the SDS and the appropriate warning information.

Section 1. Product and company identification

This section identifies the chemical on the safety data sheet (SDS) as well as the recommended uses. It also provides the essential contact information of the supplier. The required information consists of:

  • Product identifier used on the label;
  • Other means of identification;
  • The recommended use of the chemical and restrictions on use;
  • The name, address, and telephone number of the chemical manufacturer, importer, or other responsible party (must be a U.S. address); and
  • An emergency phone number (must be a U.S. phone number).

Section 2. Hazard(s) identification

This section identifies the hazards of the chemical presented on the safety data sheet (SDS) and the appropriate warning information associated with those hazards. The required information consists of:

  • Classification of the chemical in accordance with paragraph (d) of 1910.1200.
  • Signal word.
  • Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol (e.g., skull and crossbones, flame)).
  • Hazard statement(s).
  • Precautionary statement(s).
  • For a mixture that contains an ingredient(s) with unknown toxicity, a statement describing how much (percentage) of the mixture consists of ingredient(s) with unknown acute toxicity. Please note that this is a total percentage of the mixture and not tied to the individual ingredient(s).

Hazard rating systems numbers, such as those for the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA), can appear in Section 2 as long as those hazard ratings do not contradict or cast doubt on the HazCom standard classification.

Sections 3 and 4

  • Section 3 identifies ingredient(s) contained in the product indicated on the SDS.
  • Section 4 describes the initial care that should be given by untrained responders to an exposed individual.

Section 3. Composition/Information on ingredients

This section identifies the ingredient(s) contained in the product indicated on the safety data sheet (SDS), including impurities and stabilizing additives. This section includes information on substances, mixtures, and all chemicals where a trade secret is claimed. The required information consists of:

Substances

  • Chemical name.
  • Common name and synonyms.
  • Chemical Abstracts Service (CAS) number and other unique identifiers.
  • Impurities and stabilizing additives, which are themselves classified and which contribute to the classification of the chemical.

Mixtures

  • Same information required for substances.
  • The chemical name and concentration (i.e., exact percentage) of all ingredients which are classified as health hazards and are:
    • Present above their cut-off/concentration limits or
    • Present a health risk below the cut-off/concentration limits.
  • The concentration (exact percentages) of each ingredient must be specified except concentration ranges may be used in the following situations:
    • A trade secret claim is made,
    • There is batch-to-batch variation, or
    • The SDS is used for a group of substantially similar mixtures.

Chemicals where a trade secret is claimed

Where the supplier is claiming a trade secret, the safety data sheet (SDS) must contain a statement that the specific chemical identity and/or exact percentage (concentration) of composition has been withheld as a trade secret. Where a trade secret claim is made for exact percentage, the chemical manufacturer or importer may choose to provide a concentration range to assist downstream users in providing appropriate protections. However, Section 3 must indicate that a trade secret claim is being made and information has been withheld.

Section 4. First-aid measures

This section describes the initial care that should be given by untrained responders to an individual who has been exposed to the chemical. The required information consists of:

  • Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye contact, and ingestion).
  • Description of the most important symptoms or effects, and any symptoms that are acute or delayed.
  • Recommendations for immediate medical care and special treatment needed, when necessary.

Sections 5 and 6

  • Section 5 provides recommendations for fighting a fire caused by the chemical.
  • Section 6 provides recommendations on the appropriate response to spills, leaks, or releases.

Section 5. Firefighting measures

This section provides recommendations for fighting a fire caused by the chemical. The required information consists of:

  • Recommendations of suitable extinguishing equipment, and information about extinguishing equipment that is not appropriate for a particular situation.
  • Advice on specific hazards that develop from the chemical during the fire, such as any hazardous combustion products created when the chemical burns.
  • Recommendations on special protective equipment or precautions for firefighters.

Section 6. Accidental release measures

This section provides recommendations on the appropriate response to spills, leaks, or releases, including containment and cleanup practices to prevent or minimize exposure to people, properties, or the environment. It may also include recommendations distinguishing between responses for large and small spills where the spill volume has a significant impact on the hazard. The required information may consist of recommendations for:

  • Use of personal precautions (such as removal of ignition sources or providing sufficient ventilation) and protective equipment to prevent the contamination of skin, eyes, and clothing.
  • Emergency procedures, including instructions for evacuations, consulting experts when needed, and appropriate protective clothing.
  • Methods and materials used for containment (e.g., covering the drains and capping procedures).
  • Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning or vacuuming; adsorbent materials; and/or equipment required for containment/clean up).

Sections 7 and 8

  • Section 7 provides guidance on the safe handling practices and conditions for safe storage of chemicals.
  • Section 8 indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure.

Section 7. Handling and storage

This section provides guidance on the safe handling practices and conditions for safe storage of chemicals. The required information consists of:

  • Precautions for safe handling, including recommendations for handling incompatible chemicals, minimizing the release of the chemical into the environment, and providing advice on general hygiene practices (e.g., eating, drinking, and smoking in work areas is prohibited).
  • Recommendations on the conditions for safe storage, including any incompatibilities. Provide advice on specific storage requirements (e.g., ventilation requirements).

Section 8. Exposure controls/Personal protection

This section indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure. The required information consists of:

  • The Occupational Safety and Health Administration (OSHA) Permissible Exposure Limits (PELs), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet (SDS), where available.
  • Appropriate engineering controls (e.g., use local exhaust ventilation, or use only in an enclosed system).
  • Recommendations for personal protective measures to prevent illness or injury from exposure to chemicals, such as personal protective equipment (PPE) (e.g., appropriate types of eye, face, skin or respiratory protection needed based on hazards and potential exposure).
  • Any special requirements for PPE, protective clothing or respirators (e.g., type of glove material, such as polyvinyl chloride (PVC) or nitrile rubber gloves; and breakthrough time of the glove material).

Sections 9 and 10

  • Section 9 identifies physical and chemical properties associated with the substance or mixture.
  • Section 10 describes the reactivity hazards of the chemical and the chemical stability information.

Section 9. Physical and chemical properties

This section identifies physical and chemical properties associated with the substance or mixture. The minimum required information consists of:

  • Appearance (physical state, color, etc.);
  • Upper/lower flammability or explosive limits;
  • Flammability (solid, gas);
  • Odor;
  • Odor threshold;
  • Vapor pressure;
  • Vapor density;
  • pH;
  • Relative density;
  • Melting point/freezing point;
  • Solubility(ies);
  • Flash point;
  • Initial boiling point and boiling range;
  • Auto-ignition temperature;
  • Evaporation rate;
  • Partition coefficient: n-octanol/water;
  • Decomposition temperature; and
  • Viscosity.

The safety data sheet (SDS) may not contain every item on the above list because information may not be relevant or is not available. When this occurs, a notation to that effect must be made for that chemical property. Manufacturers may also add other relevant properties, such as the dust deflagration index (Kst) for combustible dust, used to evaluate a dust’s explosive potential.

Section 10. Stability and reactivity

This section describes the reactivity hazards of the chemical and the chemical stability information. This section is broken into three parts: reactivity, chemical stability, and other. The required information consists of:

Reactivity

  • Description of the specific test data for the chemical(s). This data can be for a class or family of the chemical if such data adequately represent the anticipated hazard of the chemical(s), where available.

Chemical stability

  • Indication of whether the chemical is stable or unstable under normal ambient temperature and conditions while in storage and being handled.
  • Description of any stabilizers that may be needed to maintain chemical stability.
  • Indication of any safety issues that may arise should the product change in physical appearance.

Other

  • Indication of the possibility of hazardous reactions, including a statement whether the chemical will react or polymerize, which could release excess pressure or heat, or create other hazardous conditions. Also, a description of the conditions under which hazardous reactions may occur.
  • List of all conditions that should be avoided (e.g., static discharge, shock, vibrations, or environmental conditions that may lead to hazardous conditions).
  • List of all classes of incompatible materials (e.g., classes of chemicals or specific substances) with which the chemical could react to produce a hazardous situation.
  • List of any known or anticipated hazardous decomposition products that could be produced because of use, storage, or heating. (Hazardous combustion products should also be included in Section 5 (Fire-Fighting Measures) of SDS.)

Sections 11 and 12

  • Section 11 identifies toxicological and health effects information or indicates that such data are not available and must contain a description of the various toxicological (health) effects and the available data used to identify those effects.
  • Section 12 provides information to evaluate the environmental impact of the chemical(s) if it were released.

Section 11. Toxicology information

This section identifies toxicological and health effects information or indicates that such data are not available and must contain a description of the various toxicological (health) effects and the available data used to identify those effects, including:

  • Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact);
  • Description of the delayed, immediate, or chronic effects from short- and long-term exposure.
  • The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50 (median lethal dose)) — the estimated amount [of a substance] expected to kill 50 percent of test animals in a single dose.
  • Description of the symptoms. This description includes the symptoms associated with exposure to the chemical including symptoms from the lowest to the most severe exposure.
  • Indication of whether the chemical is listed in the National Toxicology Program (NTP) 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 found to be a potential carcinogen by the Occupational Safety and Health Administration (OSHA).

Section 12. Ecological information

Section 12 provides information to evaluate the environmental impact of the chemical(s) if it were released. This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment. The information may include:

  • Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants).
  • Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis.
  • Results of tests of bioaccumulation potential, making reference to the octanol-water partition coefficient (Kow) and the bioconcentration factor (BCF), where available.
  • The potential for a substance to move from the soil to the groundwater (indicate results from adsorption studies or leaching studies). Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).

Sections 13 and 14

  • Section 13 provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices.
  • Section 14 provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea.

Section 13. Disposal considerations

This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, this section should also refer the reader to Section 8 (Exposure Controls/Personal Protection) of the safety data sheet (SDS). The information may include:

  • Description of appropriate disposal containers to use.
  • Recommendations of appropriate disposal methods to employ.
  • Description of the physical and chemical properties that may affect disposal activities.
  • Language discouraging sewage disposal.
  • Any special precautions for landfills or incineration activities.

Section 14. Transport information

This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea. The information may include:

  • UN number (i.e., four-figure identification number of the substance).
  • UN proper shipping name.
  • Transport hazard class(es).
  • Packing group number, if applicable, based on the degree of hazard.
  • Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)).
  • Guidance on transport in bulk (according to Annex II of MARPOL 73/78 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code (IBC Code)).
  • Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).

Sections 15 and 16

  • Section 15 identifies the safety, health, and environmental regulations specific for the product not indicated anywhere else on the SDS.
  • Section 16 indicates when the SDS was prepared or when the last revision was made.

Section 15. Regulatory information

This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the safety data sheet (SDS). The information may include:

  • Any national and/or regional regulatory information of the chemical or mixtures (including any Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), Environmental Protection Agency (EPA), or Consumer Product Safety Commission (CPSC) regulations).

Section 16. Other information

This section indicates when the SDS was prepared or when the last revision was made. The SDS may also state where the changes have been made to the previous version.

The SDS must include information reflecting the scientific information used in making the hazard classification. Other useful information also may be included here.

If new, significant information regarding the hazards of a chemical, or ways that users can protect themselves against those hazards, is discovered, that new information must be added to the SDS within three months.

Trade secret

  • Trade secrets must be indicated in Section 3.

If the chemical manufacturer or importer withholds the identity of a chemical or the exact composition of any constituent, the SDS must indicate in Section 3 that the constituent(s) and/or exact percentage(s) are being withheld as trade secrets.

The term “trade secret” includes the chemical name, the Chemical Abstracts Services (CAS) Registry Number, or any other specific information that reveals the precise designation. It does not extend to Permissible Exposure Limits (PELs) or Threshold Limit Values (TLVs). If the hazardous chemical or a component of the mixture has a PEL or TLV, this must be reflected on the SDS.

The chemical identity or exact composition must be immediately disclosed to a treating physician or nurse when:

  • A medical emergency exists, and
  • The specific chemical identity and/or specific percentage of composition of a hazardous chemical is necessary for emergency or first-aid treatment.
  • The specific chemical identity and percentage is made available to health professionals, employees, and designated representatives in accordance with the applicable provisions of this paragraph.

Auditing the SDS program

  • A thorough SDS audit can help maintain compliance.

In order to stay in compliance, consider the following:

  • Keep a master safety data sheet (SDS) file and check in each SDS, particularly noting the revision date. If a new or updated SDS is received, send copies to each department that will use it. Remove the old version.
  • Assign someone to monitor all paper SDS files, binders, etc. Sheets get lost or become unreadable and need to be replaced. Have a cover sheet listing what SDSs are in the file, along with the revision number. Replace missing or unreadable data sheets immediately.
  • Occasionally review and update as necessary the chemical inventory list.
  • Include the name and contact information of the person responsible for the SDSs on the purchase orders and ask that SDSs be sent to that person.
  • If any SDSs are missing, contact the supplier and request one. Document these requests, either by keeping a copy of a letter or email, or a note regarding telephone conversations.
  • As new SDSs are received, there should be a process in place to review them and determine whether any handling procedures need to change to protect against the hazards of these chemicals.

The Occupational Safety and Health Administration (OSHA) does not specify a particular retention period for SDSs. However, according to the Employee Access to Medical Records at 1910.1020, an employer must retain medical records, air sampling data, and other exposure information for 30 years.

While SDSs are considered “exposure records,” employers only need to document the chemical identity, where the chemical was used, and how long the chemical was used.

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