July/August
2015
When the Occupational Safety and Health Administration
(Washington, D.C.) adopted a new hazard communication standard on Dec. 1, 2013,
its goal was to have it conform to the new globally harmonized system the
United Nations created to ensure uniformity across the globe in communicating
information about hazardous materials.
By June 1, 2015, manufacturers must
stop issuing the old material safety data sheets, or MSDSs, and send new safety
data sheets, or SDSs, instead. Chemical end users have until June 1, 2016, to
respond to new SDSs they receive from upstream suppliers and manufacturers in
the workplace. This is very little time in which to respond to the new and
updated information potentially hundreds of SDSs contain.
The hazard communication standard
affects nearly every employer, from chemical manufacturers to retailers to
hotels whose employees work with cleaning agents. Be aware of your obligations
to communicate the hazards of chemical substances at your facilities, and have
a process for updating labels, SDSs, hazard assessments, and training programs
to comply with the new standard.
That said, don’t be too quick to
simply swap in a new SDS for an old MSDS—and don’t throw away the old MSDS. Keep
those old MSDSs on file as proof that you complied with the previous hazardous
communication standard. They also can be useful in defending against workers’
compensation claims or third-party toxic tort claims.
The new SDSs present an opportunity
and an obligation for you to update your training, hazard communications, and
safety procedures for chemicals. Each “sheet” has 16 sections, some of which
are similar or identical to the previous MSDS sections. Other sections,
however, contain significant changes—some of which create compliance
challenges.
When enforcement for manufacturers
began on June 1, OSHA started looking at not only whether a manufacturer has
properly prepared new SDSs, but also whether it went through a process to
identify new risks. When it begins enforcement against employers on June 1,
2016, it will focus on whether you have reviewed the SDSs to identify any new
risks, as well as whether you have evaluated your compliance programs in light
of the SDSs’ 16 requirements. To get started on that process, review these
descriptions of each SDS section and the questions you should ask to ensure
you’re providing a safe workplace with a compliant hazard communications
program. Section 1:
Identification of a chemical. Includes product identifier;
manufacturer or distributor name, address, and phone number; emergency phone
number; recommended use; and restrictions on use.
When updating to the SDS, use this
as a chance to identify each chemical the workplace uses and whether you need
it. Make sure your inventory is up to date and includes the proper information
for each chemical, including potential hazards and chemical interactions. Keep
information on the manufacturer and distributor of each chemical handy in case
questions arise. Also keep a list of all emergency phone numbers in an
easy-to-reach area to help first responders in an emergency. Ask yourself the
following questions:
--Is it clear what this chemical is and how it should be used?
--Do we know how to get in touch with the manufacturer?
--Do we know whom to call in an emergency?
Section 2:
Hazard(s) identification. Includes all hazards regarding the chemical
and required label elements.
Take note of each specific hazard a
new SDS identifies and whether you have a comprehensive plan in place to handle
the hazard (such as fire, explosion, or exposure). In addition to the
traditional National Fire Protection Association (Quincy, Mass.) identifiers,
the new SDSs have standardized pictograms, which are in the OSHA standard. The
pictograms should help speed a response if someone is harmed or if there is a
spill. Section 2 also names the specific hazards of each chemical as well as
required prevention and response measures, such as using nonsparking tools for
flammable materials or flushing eyes if the chemical gets on the face.
--Is it clear what hazards this chemical poses?
--Have we properly communicated the hazards of this chemical to
our employees?
--Are containers holding this chemical properly identified and
labeled?
Section 3:
Composition/information on ingredients. Includes information on chemical
ingredients and trade-secret claims.
Use information from this section
to determine whether a chemical or mixture could be potentially lethal if
mishandled. This section includes lethal concentration and lethal dose
information you should carefully examine. Use each new SDS as an opportunity to
identify chemicals you must include in a hazard communications plan.
--Do we know what this chemical contains?
--Do we know its potential lethality?
--How can we update our employee training to take that lethality
into account?
Section 4:
First-aid measures. Includes important symptoms/effects, whether acute or delayed,
and required treatment.
Examine each SDS for new
information regarding first-aid measures, as they may differ from those the old
MSDS contained. Examine and update your health and safety plans accordingly,
specifically your first-aid and CPR training plans. OSHA will closely monitor
how companies update first-aid training in response to new information an SDS
contains.
--Do our employees have proper training to deal with human
exposure involving this chemical?
--Do we need to update our personal protective equipment hazard
assessment to identify necessary PPE for this chemical?
--Do we have the proper PPE and first-aid supplies for our own or
others’ response to a hazard related to this chemical?
--Do we have the proper equipment—easily accessible—to rinse or
flush the affected area should an employee be exposed to this chemical?
Section 5:
Firefighting measures. Lists suitable extinguishing techniques and
equipment; chemical hazards from a fire.
As you did in Section 4, examine
each SDS for new information regarding firefighting measures and update your
emergency response plans, especially firefighting measures and training, as
needed. For example, the SDS might recommend a different type of extinguishing
agent than the MSDS recommended. OSHA will closely monitor how companies update
their firefighting training and protocols in response to new information each
SDS contains.
--Do we need to update our emergency action plan?
--Do our employees have proper training to deal with a fire
involving this chemical?
--Do we have the proper fire extinguishers and protective clothing
on hand for firefighting operations?
--Do we know what effect a certain firefighting agent will have
when used on this chemical?
Section 6:
Accidental release measures. Lists emergency procedures,
protective equipment, and proper methods of containment and cleanup.
Determine what new or additional emergency procedures, including
methods of containment and cleanup, you should implement. Also identify new
protective equipment you may need to respond to an accidental release of a
listed chemical.
--Do we have the correct program and equipment for employees or
emergency personnel to respond quickly and safely to a spill?
--Do we have the correct equipment and materials to prevent a
spill from spreading?
--Do we have the correct equipment to clean up a release?
Section 7:
Handling and storage. Lists precautions for safe handling and storage, including
incompatibilities.
Ensure each chemical is in its
proper container, is handled in the proper manner, and is stored in a manner so
as to not potentially expose employees to additional hazards. Also closely
analyze this section to determine what other chemicals the listed chemical
should not come in contact with.
--Do we know what containers this chemical should be stored in (or
not stored in)?
--Do we know how to properly move this chemical around our
facility?
--Do we know how to properly store this material?
--Do we know what other chemicals this chemical should not come
into contact with?
Section 8:
Exposure controls/personal protection. Lists OSHA’s permissible exposure
limits, or PELs; threshold limit values, or TLVs; appropriate engineering
controls; and PPE.
Pay special attention to
recommended engineering controls and PPE required to ensure the PPE you are
providing to employees is appropriate, as these may have changed significantly.
Note applicable PELs and TLVs, and conduct regular monitoring to ensure
employees are not overexposed to a particular chemical.
--Do we need to conduct industrial hygiene monitoring if the PELs
or TLVs have changed?
--Do our employees have the proper PPE to use this chemical?
--Can we feasibly implement the recommended engineering controls?
--Are we doing proper testing to see if PELs and TLVs are being
exceeded? If they are, how can we bring them below applicable limits?
--If engineering controls are not feasible, what administrative
controls or PPE must we use?
Section 9:
Physical and chemical properties. Lists the chemical’s
characteristics.
Ensure employees know the physical
properties of a chemical to help them identify whether a release has occurred
and know immediately what steps to take.
--Have we conducted proper training?
--Is our documentation of training adequate?
Section 10:
Stability and reactivity. Lists chemical stability and the possibility
of hazardous reactions.
This section identifies
incompatibilities between the listed chemical and other chemicals. As you did
when reviewing Section 7, determine what other chemicals the listed chemical
should not come in contact with and review the chemical’s storage and handling
procedures.
--Do we know what other chemicals this chemical will react with in
a negative manner?
--Do we know how reactive this chemical is on its own?
--What precautions should we take to ensure this chemical does not
react?
--How should we store this chemical to avoid reactions and
maintain stability?
Section 11:
Toxicological information. Includes routes of exposure, related symptoms,
acute and chronic effects, and numerical measures of toxicity.
Train your employees to recognize symptoms of exposure and routes
of exposure to this chemical, using any new information in the SDS to ensure
the training is up to date. Also help employees understand how to avoid
exposure to the chemical.
--How can our employees get exposed to this chemical?
--What symptoms will people show if they are exposed to this
chemical?
--How can we pass this information to first responders and
treating physicians to ensure proper treatment?
--Does our training adequately inform employees of all potential
routes of exposure and symptoms?
Section 12:
Ecological information.
Section 13:
Disposal considerations.
Section 14:
Transport information.
Section 15:
Regulatory information. Specific or general regulations that address a
particular chemical. Be familiar with the specific regulatory information this
section contains so you can identify particular hazards and areas of potential
enforcement exposure.
OSHA will not be enforcing sections
12, 13, 14, and 15, leaving those to other federal, state, and local agencies,
which will actively monitor companies to ensure you take into consideration any
new or updated information on ecological impacts; how you handle, store, and
use a chemical; disposal requirements; transportation and labeling
requirements; and other regulatory requirements. Section 16:
Other information. Includes the date the SDS was prepared or last revised. OSHA will
look to this section to ensure that all information an SDS contains is up to
date based on the current understanding of a chemical’s characteristics and
current regulatory standards. The chemical’s manufacturer must ensure its SDS
is current.
A Fresh
Start
Review the new SDSs promptly upon receipt. If you do not get them
in a timely fashion, contact the chemical’s manufacturer. Use the receipt of
the new SDSs to trigger a review process that identifies the hazardous
chemicals in your facility, workers’ potential exposures, and related
compliance programs. Ensure that employees who work with or around hazardous
chemicals are trained to recognize the pictograms and hazard warnings the new
hazard communications standard requires. As always, document this training and
develop mechanisms to ensure that your employees understand the risks of
working with or around hazardous chemicals.
Mark A.
Lies II is a partner and Patrick D. Joyce is an associate at Seyfarth Shaw
(Chicago). Reach Lies at mlies@seyfarth.com or 312/460-5877 and Joyce at
pjoyce@seyfarth.com or 312/460-5964.