Recently, the Occupational Safety and Health Administration (“OSHA”) revised its Hazardous Communication Standard (“HCS”). The revised HCS introduces new labeling requirements for hazardous chemicals in the workplace and standardized Safety Data Sheets (formerly called Material Safety Data Sheets). The revised HCS will be implemented in phases from December 1, 2013 to June 1, 2016. For the first compliance deadline, December 1, 2013, employers must make sure that their employees are trained on the new labels and Safety Data Sheets.
Hazardous Chemical Label Training Requirements
The revised HCS defines labels as “an appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging.” Beginning on June 1, 2015, employers must comply with new labeling requirements for all hazardous chemicals utilized in the workplace.A detailed OSHA Brief on the new labels can be found at:
https://www.osha.gov/Publications/OSHA3636.pdf.
While employers are not required to comply with the new labeling requirements until June 1, 2015, they are free to start using the new labels before that date. However, employers must train their employees on the new labels before December 1, 2013.
As a part of the new hazardous chemical label training, employers must train their employees on the following information included in the new labels: (1) the product identifier, which may be in the form of the chemical’s name or a code or batch number; (2) the signal word identifying the severity of the hazard posed by the chemicals, being either “Danger” for the most severely hazardous and “Warning” for the less severely hazardous chemicals; (3) the OSHA designated pictograms; (4) the hazard statement or statements, which identify the hazard posed by the chemical and in some instances the degree of hazard; (5) the precautionary statement or statements, which explain recommended safety measures to protect individuals from the hazards posed by the chemicals; and (5) the name, address, and phone number of the manufacturer, distributor, or importer of the chemical.
Before December 1, 2013, employers must also train their employees on how the employee will use the new labels and how the various elements on each label work together. As examples of the types of information that needs to be conveyed to employees in this training, OSHA explains that employers should: (1) explain how employees can use label information to make sure that chemicals are properly stored; (2) explain how to use the labels in emergency situations and for information on first aid; (3) explain that there will be various pictograms on chemicals that pose multiple hazards and how the pictograms will correspond to hazard classes; and (4) explain that in instances where multiple precautionary statements apply to a chemical, the statement with the most protective information will be on the label.
Safety Data Sheet Training Requirements
Safety Data Sheets provide more in-depth information on hazardous chemicals than the labels. Under the revised HCS, chemical manufacturers, distributors, and importers must ensure that they provide Safety Data Sheets for all hazardous chemicals. A detailed OSHA Brief on the content of the Safety Data Sheets can be found at: https://www.osha.gov/Publications/OSHA3514.pdf. Employers are required to make sure that the Safety Data Sheets for all hazardous chemicals in the workplace are readily available to their employees. OSHA recommends keeping the Safety Data Sheets in binders or on computers that are easily accessible to workers in the work area and keeping back-up copies available.Before December 1, 2013, employers must train their employees on the new format of the Safety Data Sheets and explain how they relate to the new labels. Employers must train employees on each of the 16 sections included in the Safety Data Sheets and explain the type of information that will be found in each of the sections.
Employers who have not done so already, need to train their employees on the new hazardous chemical labels and Safety Data Sheets before the December 1, 2013 compliance deadline. Employers should contact counsel to make sure that they are properly training their employees under the revised HCS as required by OSHA and to keep up-to-date on the future compliance deadlines which will be implemented in phases until June 1, 2016.
*Scott Coghlan, the chair of the firms’ Workers’ Compensation Group, has extensive experience in all aspects of OSHA and workers’ compensation. For more information about OSHA compliance, please contact Scott at 216.696.4441 or sc@zrlaw.com.