Cal/OSHA officially adopted and put into effect federal OSHA's revised hazard communication requirements with some additions. For the most part, Cal/OSHA's revised HazCom standard is identical to federal OSHA.
Click the link(s) below to view the federal requirements.
Citations
California: Title 8, Division 1, Chapter 3.2, Subchapter 1, Article 5 5194 Hazard Communication
Federal: 29 CFR 1910.1200 Hazard communication
The differences lie in the following areas:
Application to laboratoriesCal/OSHA specifically calls out the types of laboratories that fall under the standard. According to 5194(b)(3), the HazCom requirements apply to laboratories that primarily provide quality control analyses for manufacturing processes or that produce hazardous chemicals for commercial purposes, and to all other laboratories except those under the direct supervision and regular observation of an individual who has knowledge of the physical hazards, health hazards, and emergency procedures associated with the use of the particular hazardous chemicals involved, and who conveys this knowledge to employees in terms of safe work practices. Such excepted laboratories must also ensure that labels on incoming containers of hazardous chemicals are not removed or defaced and any safety data sheets that are received with incoming shipments of hazardous chemicals are maintained and readily available to laboratory employees.
Requirements for Proposition 65 warnings. Cal/OSHA not only dedicates an entire subsection of the HazCom regulation to addressing Proposition 65 requirements with regard to hazardous chemicals, but also an entire Appendix — called Appendix G — which provides the terms and provisions for the warnings.
Additional and expanded definitions.Cal/OSHA defines CAS number, combustible liquid, flammable, and flashpoint. There are also expanded definitions for employee, employer, hazardous chemical, health hazard, manufacturer, produce, and workplace.
Specific source lists for establishing a hazardous chemical. Cal/OSHA instructs manufacturers, importers, or employers classifying chemicals to treat any of the following sources as establishing that the chemicals listed in them are hazardous:
Cal/OSHA does point out that the manufacturer, importer, or employer is still responsible for classifying the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard.
Specific source lists for determining whether or not a chemical is a carcinogen or potential carcinogen.Again, Cal/OSHA says that the manufacturer, importer, or employer is still responsible for classifying the hazards associated with the chemicals in the source lists. However, manufacturers, importers, and employers classifying chemicals must treat any of the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes:
Note: The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a substance has been found by NTP or IARC to be a potential carcinogen.
Requirement for written procedures used to determine the hazards of evaluated chemicals. Cal/OSHA says manufacturers, importers, or employers classifying chemicals must describe in writing the procedures they use to determine the hazards of the chemicals they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the Director, and the National Institute for Occupational Safety and Health. The written description may be incorporated into the written hazard communication program.
Application of alternative labeling methods used in-house for construction.Cal/OSHA says that in construction, the employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual containers as long as the alternative method identifies and accompanies the containers to which it is applicable and conveys the information required to be on a label.
Exemptions from labeling under the HazCom standard.Unlike federal OSHA, Cal/OSHA does not exempt from HazCom labeling requirements any chemical substance or mixture as such terms are defined in the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency. It also does not recognize the terms for food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product as defined in the Virus-Serum-Toxin Act of 1913 and the labeling requirement under the Department of Agriculture. This means that the agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) and the labeling regulations issued under that Act by the Department of Agriculture are not exempt from the HazCom labeling requirements, for example.
Exemptions from the HazCom standard.Unlike federal OSHA, Cal/OSHA does not exempt from the HazCom standard any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations.
In addition, Cal/OSHA does not exempt nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section; ionizing and nonionizing radiation; and, biological hazards.
Cal/OSHA does exempt the use of a substance in compliance with regulations of the Director of the Department of Pesticide Regulation issued pursuant to section 12981 of the Food and Agricultural Code.
Safety Data Sheet.Beyond the requirements for the specific sections of the safety data sheet, which are identical to federal OSHA, Cal/OSHA requires a description in lay terms of the specific potential health risks posed by the hazardous chemical intended to alert any person reading the information. It must be provided on either a separate sheet or with the body of the information on the safety data sheet. Also, if no relevant information is found for any sub-heading within a section on the safety data sheet, the manufacturer, importer, or employer preparing the safety data sheet shall mark it to indicate that no information was found, which is identical to federal OSHA. However, Cal/OSHA further requires that if the category is not applicable to the hazardous chemical involved, the space must be marked to indicate its non-applicability.
Lastly, Cal/OSHA has procedures that must be taken if the safety data sheet is not provided by the manufacturer or importer. Specifically, the employer must:
Training.Beyond federal OSHA’s training requirements, Cal/OSHA requires employers to inform employees of the right:
Procedures for trade secrets.In addition to federal OSHA requirements, Cal/OSHA says that the Director will determine whether the specific chemical identity or percentage composition required to be disclosed is protected as a trade secret within 15 days after receipt of the justification and statement required by section 5194(i), or if no justification and statement is filed, within 30 days of the original notice, and must notify the employer or manufacturer and any party who has requested the information pursuant to the California Public Records Act of that determination by certified mail. If the Director determines that the information is not protected as a trade secret, the final notice must also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the information must be available to the public. Prior to the date specified in the final notice provided pursuant to section 5194(i)(12), a manufacturer, importer, or employer may institute an action in an appropriate superior court for a declaratory judgment as to whether such information is subject to protection from disclosure.