Title: Global Harmonization System: Impact On OSHA’s Hazard Communication Standard
1Global Harmonization SystemImpact On OSHAs
Hazard Communication Standard
- Adele L. Abrams, Esq., CMSP
- Law Office of Adele L. Abrams P.C.
- www.safety-law.com
- 301-595-3520
2Overview
- OSHA has issued final rule to revise 29 CFR
1910.1200 (Hazard Communication Standard) - Details released 3/20/12, final rule to appear in
3/26/12 Fed. Reg. - Goal is to integrate components of the UN
projects Global Harmonization Standard (GHS)
into HazCom - Rule modifies MSDS requirements, labeling,
classifications, and requires retraining of all
employees. - Significant opposition to standard from some
business groups due to - Inclusion of unclassified hazards- altered in
final rule, but legal challenges possible - Some disputed economic impact estimates (costs of
training, revised labels and MSDSs etc.)
3Overview
- Hazard classification Provides specific criteria
for classification of health and physical
hazards, as well as classification of mixtures. - Labels Chemical manufacturers and importers will
be required to provide a label that includes a
harmonized signal word, pictogram, and hazard
statement for each hazard class and category.
Precautionary statements must also be provided. - Safety Data Sheets Will now have a specified
16-section format. - Information and training The Final HCS will
require that workers are trained within two years
of the publication of the final rule to
facilitate recognition and understanding of the
new labels and safety data sheets.
4Global Harmonization Project
- Goal of establishing globally harmonized system
for hazard communication established in 1992 at
Rio Earth Summit. - Mandate A globally harmonized hazard
classification and compatible labelling system,
including national safety data sheets and easily
understandable symbols, should be available, if
feasible, by the year 2000.
5Global Harmonization Project
- Organization for Economic Cooperation and
Development (OECD) coordinated the development of
environmental and health hazard classification
criteria. - UN Committee of Experts on Transport of Dangerous
Goods (UN COE) developed criteria for physical
hazards (explosives, flammables, reactives). - International Labour Organization (ILO) served as
Secretariat for overall coordination.
6Global Harmonization Project
- Rationale for U.S. adoption of GHS
- American companies are major importers of
chemicals as well as exporters, and missing or
incomplete information on chemicals we import may
lead to reduced protections for workers and
public. - Large number of varying requirements around the
world create potential barriers to trade in
chemicals, particularly for small businesses. - A harmonized and consistent approach has benefits
both in terms of protection and trade.
7GHS General Principles
- The Globally Harmonized System (GHS) is not in
itself a regulation or a model regulation. It is
a framework from which competent authorities may
select the appropriate harmonized classification
communication elements. - Competent authorities will decide how to apply
the various elements of the GHS within their
systems based on their needs and the target
audience. - OSHA had to adopt through conventional rulemaking
(governed by APA) before it can include
components in mandatory HazCom standard - MSHA has not yet placed HazCom revision (30 CFR
Part 47) on its agenda - The HazCom/GHS includes the following basic
elements - harmonized criteria for classifying substances
and mixtures according to their health,
environmental and physical hazards and - harmonized hazard communication elements,
including requirements for labeling and material
safety data sheets.
8OSHA Rulemaking Old Rule
- HazCom has been in effect for over 25 years
foundation for building a chemical health and
safety program in workplace - Addresses needs of employers/employees to obtain
information about chemicals, and worker
right-to-know about hazards - Requires chemical manufacturers and importers to
evaluate hazards and provide info to customers
through labels, data sheets and worker training
programs - Also addresses trade secret protection
- Requires all chemicals to be evaluated and
incorporates wide range of hazardous effects to
be addressed. - OSHA claims HazCom has resulted in 40 decrease
in injuries/illnesses due to chemical exposures
9OSHA Final Rule
- GHS specifies warnings and format
- Method of communication and information
transmitted now varies GHS makes more
consistent - GHS system is based on international negotiations
and OSHA plans to learn from implementation
experience of other nations - New rule does NOT reduce level of protections
afforded under original HazCom standard (29 CFR
1910.1200)
10OSHA Final Rule
- Effective Dates
- 12/1/13 All employees must be trained on new
label elements and SDS format - 6/1/15 Manufacturers and distributors must
comply with all modified provisions except that
distributors have until 12/1/15 to provide
revised labels for all products shipped. - 6/1/16 OSHA enforcement starts Employers must
update all labels and HazCom program, provide
additional training for workers on newly
identified physical or health hazards - During transition period, employers can comply
with old or new standard as far as labels and
SDSs.
11OSHA Final Rule
- GHS Building block approach allows competent
authorities to choose from regulatory options in
terms of which hazard classes and categories are
adopted - OSHA adopted the same basic BB as the EU EXCEPT
it will not address environmental hazards
(outside jurisdiction) and it adds one more
category of the flammable liquid class than EU
did. - System has 16 physical hazard classifications and
10 health hazard classifications, which determine
label elements, pictograms, hazard statement,
signal words and precautionary statement
required.
12Sample Comments - Union
- AFL-CIO strongly supported proposal but wanted
OSHA to expand exposure limits listed on SDSs to
include ACGIH TLVs and NIOSH RELs, because OSHA
PELs are outdated - Union also wanted substance-specific standards to
be included in SDSs (Sec. 15) to alert workers
that there is a comprehensive standard on that
chemical - Union supported adding a definition of
unclassified hazards to make sure that emergent
hazards can be included within the scope of
HazCom and to address combustible dust hazards.
13Sample Comment - Business
- US Chamber of Commerce had several meeting with
OIRA opposing inclusion of unclassified hazards
in the rule - It has also challenged the purported cost savings
as well as the economic impact analysis prepared
by OSHA - Urged switching the compliance deadlines
(currently 2 years to train, 3 years to prepare
new SDSs) so training can be done after SDSs are
available. - Another group with significant concerns is the
American Chemistry Council, which also met with
OIRA
14Sample Comments ASSE
- ASSE endorsed the rule, but was disappointed
that control banding was ignored in the
development of the rule - Urged OSHA to incorporate elements of control
banding into HazCom to avoid need to revisit this
later - Challenged cost estimates for training time
- Suggested ACGIH TLVs should continue to be listed
as well as NIOSH RELs, and suggested additional
references to be considered by end users (AIHA
also supports retention of TLVs and RELs) - Advocated a quicker effective date for training
but not for phsae in for the SDS and labeling
requirements, and recommended significant
compliance assistance be made available from OSHA
15Whats the Impact?
- Rule will impact over 5 million workplaces, and
43 million workers - OSHA claims costs range from 38-47 per covered
entity for one-hour of training - This did not add costs for developing new labels,
SDSs etc. - According to OSHA
- Annualized savings for employers of between 585
mil and 798 mil - Most of this through increased productivity for
HS managers and logistics personnel - Expect 500 workplace injuries and 43 fatalities
to be prevented annually as a result of change - Savings attributed to uniform SDSs and labels
accounts for between 16 mil and 32.2 mil
16Safety Data Sheet Impact
- The performance orientation of HazComs MSDS will
need to be changed. - Use ANSI Z400.1 as template
- HazCom/GHS requires a 16 section MSDS format with
specified sequence and minimum required contents.
- OSHA will not enforce elements 12-15 because deal
with tranport, environmental issues outside
jurisdiction - The level of hazardous components can be given as
ranges or concentrations - the values for
component disclosure in mixtures vary by end
point. Therefore, some changes will be needed for
component disclosure.
17Appendix D SDS Requirements
- 1.Identification of the substance or mixture and
of the supplier - 2.Hazards identification
- 3.Composition/information on ingredients
Substance/Mixture - 4.First aid measures
- 5.Firefighting measures
- 6.Accidental release measures
- 7.Handling and storage
- 8.Exposure controls/personal protection.
- 9.Physical and chemical properties
- 10.Stability and reactivity
- 11.Toxicological
- 12.Ecological information (non mandatory)
- 13.Disposal considerations (non mandatory)
- 14.Transport information (non mandatory)
- 15.Regulatory information (non mandatory)
- 16.Other information including information on
preparation and revision of the SDS
18Hazard Determination
- Hazard determination/classification are
self-classification processes manufactures and
importers must classify each chemical, determine
appropriate hazard class and category based on
evaluation of full range of available
data/evidence - No testing is required
- OSHA adopted one study rule for findings of
hazards. - Appendix A defines health and physical hazards
- Appendix B includes additional parameters to
evaluate health hazard data - Appendix F pertains to carcinogens
- A floor of chemicals to be considered hazardous
is provided by reference to several existing
lists of chemicals - Added supplemental class Hazards not otherwise
classified and included coverage of combustible
dust.
19Physical Hazards
20Health Hazards
20
21Current HCS versus Modified HCS
HCS Corrosive definition
GHS definition of skin Corrosive
- "Corrosive" A chemical that causes visible
destruction of, or irreversible alterations in,
living tissue by chemical action at the site of
contact. For example, a chemical is considered to
be corrosive if, when tested on the intact skin
of albino rabbits by the method described by the
U.S. Department of Transportation in appendix A
to 49 CFR part 173, it destroys or changes
irreversibly the structure of the tissue at the
site of contact following an exposure period of
four hours. This term shall not refer to action
on inanimate surfaces.
22Acute Toxicity
23Labeling
- For labeling, manufacturer/importer must include
- Product identifier
- Signal word
- Hazard statement(s)
- Pictogram(s)
- Precautionary statement(s)
- Name, address, and telephone number of
responsible party - Once a chemical has been classified, the label
preparer can obtain the relevant harmonized
information from Appendix C - OSHA is maintaining the flexibility for workplace
signs and labels. - Use of third party hazard rating systems such as
the NFPA diamonds and HMIS is still a valid
approach in the workplace
24Comparison of Labeling Requirements
- Old HazCom label requirements are totally
performance -- oriented. - The HazCom/GHS labeling requirements are
specified signal words, hazard statements, and
pictograms. - The use of pictograms is a significant change for
US labeling. - OSHA has retained NTP/OSHA/IARC carcinogen info
- OSHA has retained references to ACGIH TLVs
25Other Issues
- Will affect other standards (specific health
standards) that have incorporated references to
1910.1200. - Health hazard classification also includes
specific listing for crystalline silica - For combustible dust, may need to cross-reference
NFPA 654 - Listings on SDS could also lead to GDC
enforcement where no PEL established for a
chemical, as a recognized hazard, as well as
enforcement over appropriate PPE/respiratory
protection assessment (1910.132 and 1910.134) - Expect OSHA to issue guidance within 6 mo. many
letters of interpretation are sure to follow!
26(No Transcript)
27GHS Sample Label HAZARDS (Liquid) flammable
liquid, flash point 120F oral LD50 275
mg/kg
- Danger!
- Toxic if swallowedFlammable liquid and vapor
- Contains XYZ
- Do not taste or swallow. Get medical
attention. Do not take internally. Wash
thoroughly after handling. Keep away from heat,
sparks and flame. Keep container closed. Use
only with adequate ventilation. FIRST AIDIf
swallowed, induce vomiting immediately, as
directed by medical personnel. Never give
anything by mouth to an unconscious person.See
Material Safety Data Sheet for further details
regarding safe use of this product.Company
name, Address, Phone number
28GHS Sample Label Suspected Carcinogen
(inhalation)
- My Product
- Warning!Cause Skin And Eye IrritationSuspected
of causing cancer by inhalationContains XYZDo
not breathe vapors or mist. Use only with
adequate ventilation. Avoid contact with eyes,
skin and clothing. Wash thoroughly after
handlingFIRST AIDEYES Immediately flush eyes
with plenty of water for at least 15 minutes. Get
medical attention.SKIN In case of contact,
immediately flush skin with plenty of water.
Remove contaminated clothing and shoes. Wash
clothing before reuse. Get medical attention if
irritation develops and persists.Company name,
Address, Phone number HAZARDS (Liquid)
moderate skin and eye irritant, possible cancer
hazard by inhalation
29HazCom/GHS - Training
- Training users of hazard information is integral
part of hazard communication. - Systems should identify appropriate education and
training for GHS target audiences who must
interpret label and/or SDS information and take
action in response to chemical hazards. - Training should address workers, emergency
responders, and those involved with preparation
of labels, SDS and HazCom strategies as part of
risk management systems. - Systems should also educate consumers in
interpreting label information on products they
use.
30HazCom/GHS Summary
- Level of protection offered to workers,
consumers, general public and environment will
not be reduced by GHS - Involvement of concerned organizations of
employers, workers, consumers and other relevant
groups is essential - Validated data already generated for
classification of chemicals under existing
systems should be accepted when reclassifying the
chemicals under Haz/Com/GHS - The new harmonized system may require adaptation
of existing methods for testing.
31GHS and Control Banding
- GHS establishes an international system of
classification and labeling that can be used in
control banding. - Control Banding provides an additional impetus
for implementation of the GHS as a practical use
of the information to control exposures. - GHS adoption does not mean that control banding
must be implemented, but . . . - US/EU have proposed a pilot project related to
the GHS and control banding, based on 2 high
production volume chemicals. - Information on project available at
http//www.useuosh.org/
32Conclusion
- Training of workers can begin immediately
- As new products are ordered, make sure to keep
SDSs in new formats - Companies that manufacture products will have to
conform to both employer and manufacturer
provisions of revised HazCom rule - Litigation is possible over inclusion of hazards
not otherwise classified, and combustible dust
could delay effective dates but best to prepare
for dates listed.
33Conclusion
- Overall benefits of globally harmonized system
- Promotes safer transportation, handling and use
of chemicals - Improves understanding of hazards
- Increases compliance and reduces costs for
companies involved in international activities - Helps protect workers, consumers and potential
exposed populations around the globe. - Bottom Line A new OSHA HazCom standard is
inevitable . . . Plan ahead!
34QUESTIONS ?
- Contact Adele L. Abrams, Esq., CMSP
- at 301-595-3520 or write to
- safetylawyer_at_aol.com