What does the right to know law require from manufacturers importers and distributors of chemicals OSHA?

The Occupational Safety and Health Administration’s Hazard Communication Standard has been changed to now align with the United Nations’ Globally Harmonized System of Classification and Labeling Chemicals (GHS). Since the Hazard Communication Standard became effective almost 30 years ago, employers have had to provide “right to know” information to their employees about the chemical hazards in their workplace. The key difference in the revised standard, however, is that it provides a single set of harmonized criteria for classifying chemicals according to their health and physical safety hazards as opposed to the previous standard that allowed chemical manufacturers and importers to convey information on the labels in whatever format they chose. This revised standard, like the original one, requires chemical manufacturers and importers to evaluate chemicals they produce or import and provide hazard information to employers and employees. However, the old standard’s “Material Safety Data Sheets” (MSDS) are now replaced by more detailed Safety Data Sheets (SDS’s) as well as new labeling requirements. Under the new standard, OSHA is requiring that all employees be trained on the new rule and how to understand the new SDS’s and new labels by December 1, 2013.

The major revisions to the Hazard Communication Standard include the following:

• Hazard Classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures.
• Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statements, and precautionary statements for each hazard class and category.
• Safety Data Sheet (SDS): The new format requires 16 specific sections, ensuring consistency in presentation of important protection information. The new SDS’s will replace the currently used MSDS’s.
• Information and training: To facilitate understanding of the new system, the revised standard requires that all covered employees be trained by December 1, 2013 on the new label elements and safety data sheet (SDS’s) format, in addition to the current standard training requirements.

What Employers Need To Do and When:
Employers using hazardous chemicals (as defined by the standard) need to continue to update safety data sheets when the new ones become available and provide training on the new label elements. In addition, employers need to update their hazard communication programs when new hazardous chemicals are introduced.

Chemical producers should review hazard information for all chemicals produced or imported, classifying chemicals according to the new classification criteria, and update labels and safety data sheets.

The final rule became effective 60 days after publication in the Federal Register; however, OSHA has provided the following extended compliance dates to meet the new requirements:

• December 1, 2013 :Employers must train employees on the new label elements and SDS format.
• June 1, 2015: Compliance with all modified provisions of the final rule for chemical manufacturers, importers, distributors, and employers. The only exception is for the December 1, 2015, distributor compliance date below.
• December 1, 2015: Distributors shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
• June 1, 2016: Employers must update alternative workplace labeling and their hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

This new standard covers all employees who produce or use hazardous chemicals in their workplace. All covered employers are encouraged to start the required training as soon as possible to ensure that all training is completed before the December 1, 2013 deadline.

For more information, visit the Fisher Phillips web site at www.fisherphillips.com. For more information regarding incentive programs, contact your regular Fisher Phillips attorney or any of the lawyers in our Workplace Safety and Catastrophe Management Group.

Chemicals pose a wide range of physical hazards and health hazards to LIUNA members, from skin irritation and sensitization to exposure to known carcinogens. OSHA’s Hazard Communication standard, also known as the “Right to Know Law,” is designed to ensure that vital information about chemical hazards and protective measures is passed along to workers who may come in contact with or handle these types of chemicals.

OSHA’s HazCom standard requires companies to evaluate the chemicals they produce or import, then provide information about any hazards. This information is relayed using a universal labeling system – the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) – with more detailed information being provided on safety data sheets (SDSs).

Requirements of the HazCom Standard

OSHA’s HazCom standard requires employers to take the following actions if hazardous chemicals exist in the workplace:

• Implement a written hazard communication program
• Ensure all chemical containers are labeled
• Provide SDSs to employees
• Train all workers who could potentially be exposed on the hazards and available protective measures

OSHA requires this information to be presented in a manner and language that employees can understand. All of this information must be shared with employees when work is assigned and again when a new chemical hazard is introduced that workers have not previously been trained on. Providing this information alongside safety data sheets allows workers to effectively participate in an employer’s protection program and take steps to protect themselves.

Training Employees to Understand Labeling

OSHA’s HazCom standard is called the “Right to Know” law because it gives workers information about the health risks of chemicals that they wouldn’t normally have access to. However, as OSHA notes on its Hazard Communication page, the standard could also be called the “Right to Understand” law because of all the worker training requirements it includes. The standard requires employers to train workers on the following information related to the labeling of hazardous chemicals:

1. 1. Product identifier. This can be, but isn’t limited to, the chemical name, code number or batch number.
   2. Pictograms. The standard designates eight pictograms that correspond to various hazard categories. These pictograms are in the shape of a square set at a point and include a black hazard symbol on a white background with a red frame.
   3. Signal word. There are only two signal words – “Danger” (used for more severe hazards) and “Warning” (used for less severe hazards). Only one signal word is used on the label no matter how many hazards a chemical presents.
   4. Hazard statement. These statements describe the nature of the hazard specific to the hazard classification categories. For example, a statement could be “Causes damage to kidneys through prolonged or repeated exposure when absorbed through the skin.”

1. Precautionary statement. This describes recommended measures that should be taken to minimize or prevent adverse effects from exposure, improper storage or handling. This could include keeping the chemical away from an open flame, using only non-sparking tools, not breathing vapors or a number of other precautions.
2. Supplier identification. Provides the name, address and phone number of the chemical manufacturer, distributor or importer.

Training employees to interpret labels on harmful chemicals helps ensure proper handling and storage and that employees are able to quickly locate important information in a first-aid situation.

For more information on hazardous chemicals in the workplace, order the Fund’s Toxics pamphlet from our online Publications Catalogue. You can also find more information on OSHA’s Hazard Communication page.

[Nick Fox]

What are the requirements for chemical labels OSHA?

What are chemical manufacturers required to provide to anyone who?

What information does OSHA require in each SDS?

What are requirements for chemical labels?