OSHA Updates On Hazard Communication Standard
Written By: Atanu Das on Thursday, September 28, 2017
At the Fall 2017 Meeting of the Society for Chemical Hazard Communication which was held this week, representatives from OSHA gave an update on recent HCS issues.
Sven Rundman, with OSHA's Office of Health Enforcement provided attendees with the latest issues inspectors are finding when dealing with Safety Data Sheets and other hazcom concerns. On the topic of concentration ranges and claims of trade secrets, he discussed the following:
A concentration range may be used when:
• A trade secret claim has been made (for the exact percentage);
• There is batch-to-batch variability in the production of a mixture; or
• for a group of substantially similar mixtures with similar chemical composition
He further clarified that when the classifier of the mixture uses a range of concentrations in the SDS, they must be sufficiently narrow to meet the intent of disclosing the actual concentration as well as any variation in the batches (as applicable). Also, the hazard classification must reflect the highest degree of hazard that the mixture could present. OSHA has developed an FAQ on the use of concentrations at their website.
The next finding was for HCS 2012 compliant labels. Now that the 2015 transition deadlines have passed, all manufacturers, importers and distributors must use HCS 2012 compliant labels for shipped containers. In the OSHA memo clarifying the question to its field staff it states:
Question: When do all containers of hazardous chemicals shipped by a manufacturer or importer have to be HCS 2012-compliant labeled?
Response: If after June 1, 2015, the manufacturer or importer can demonstrate that it exercised reasonable diligence and good faith efforts to obtain hazard classification information from the upstream supplier(s) but for circumstances beyond its control, it has not received the necessary information to develop HCS 2012-compliant labels, it may continue to ship containers downstream provided the containers are HCS 1994-compliant labeled.
Even though a manufacturer or importer may have built up a substantial inventory, over time, containers of hazardous chemicals that were packaged for shipment prior to June 1, 2015 should become less of a labeling burden to manufacturers and importers as inventory is depleted. Therefore, all containers of hazardous chemicals shipped by a manufacturer or importer must be HCS 2012-compliant labeled by June 1, 2017.
In what might be a big improvement in guidance on Hazards Not Otherwise Classified (HNOC), OSHA now allows the use of the exclamation mark pictogram as long as: 1) HNOC or the words "Hazard Not Otherwise Classified" appear below the pictogram and 2) This pictogram appears only once on the label.
Mr. Rundman concluded his presentation by reminding attendees of the OSHA On-Site Consultation Program. This free and confidential service is for small and mid sized businesses in all states. It is separate from enforcement and does not result in penalties or citations.