This article is brought to you by Nexreg Compliance, Inc.

The fact sheets published by OSHA provides guidance for Training Requirements, Safety Data Sheets, and Labels/Pictograms for the revised Hazard Communication Standard known as HazCom 2012; based on the Globally Harmonized System (GHS).

Nexreg regulatory consultants have reviewed the fact sheets on Safety Data Sheets and Labeling to determine if there are any new or conflicting interpretations of the OSHA regulations. They found that while the guidance on Safety Data Sheets was consistent with their current understanding of the regulations, there were some facts about workplace labels that were previously unknown. For instance:

Workplace labels:

• Employers have option to create their own workplace labels
• Can either provide all the required info on the label from the manufacturer, or the product identifier and words, picture, symbols or a combination thereof, which in combination with other information immediately available to employees, provide specific information regarding the hazards of the chemicals
• For employers still using labeling that meets HazCom 1994, they can continue to use this system in the workplace, as long as, in conjunction with other information immediately available, provides all the health and physical hazards of a particular chemical
• If an employer chooses to use the pictograms in Appendix C (GHS symbols), these may have a black border rather than red.
• If an employer transfers hazardous chemicals from a labeled container to a portable container only intended for immediate use by that employee, no labels are required for the portable container.

For more information MSDS Online has a summary of the information contained in the fact sheets (Please refer to the link) as well as links to other useful information.

This press release is brought to you by EHS Today.

The Retail Industry Leaders Association (RILA) is rolling out an initiative designed to streamline the safety data sheet (SDS) process under which chemical information is provided by suppliers to retailers. The association represents major U.S. retailers such as Target, Walmart, Lowe’s, the Home Depot, Sears, jcpenney and Walgreens.

Retailers require detailed information to safely handle chemical products in accordance with various regulations promulgated by federal agencies such as OSHA, the U.S. Department of Transportation (DOT) and EPA. In an effort to enhance efficiency in the requests made by retailers, RILA created an SDS template, which aligns with the 16-section format prescribed by OSHA’s hazard communication (HazCom) standard.

“The recent changes to the HazCom standard provide an opportunity for the retail industry to upgrade requests for chemical information since chemical manufacturers must rewrite their SDS’s based on the global harmonization criteria,” said Lisa LaBruno, senior vice president of retail operations for RILA. “Consistent retailer requests will enhance supply chain efficiency and communication regarding chemical information, as well as assist retailers in properly handling chemical products for the benefit of customers, workers, communities and the environment.”

For more information and the full press release please refer to the link above.

This article is brought to you by Occupational Health and Safety Magazine.

OSHA is issuing a technical amendment to the non-mandatory appendix in its standard on occupational exposure to hazardous chemicals in laboratories, 1910.1450, which is known as the OSHA Laboratory Standard. Published Jan. 22 in the Federal Register, the amendment takes effect upon publication. It was made in order to include contents from a 2011 National Academy of Sciences publication.

Adhering to the hierarchy of controls is the third general principle listed in the technical amendment, following minimization of chemical exposures/risks and making an accurate assessment of the risks.

The Laboratory Standard requires laboratories to have Chemical Hygiene Plans, which the standard defines as “a written program developed and implemented by the employer which sets forth procedures, equipment, personal protective equipment and work practices that are capable of protecting employees from the health hazards presented by hazardous chemicals used in that particular workplace.”

For more information and the full article please refer to the link above.

This article is brought to you by PackagingLaw.com concerning the ruling on two chemicals for Prop 65.

The California Court of Appeals ruled on October 31, 2012, that styrene and vinyl acetate shall not be listed as chemicals “known to the State to cause cancer” under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) initially proposed listing styrene and vinyl acetate under the Labor Code mechanism of Proposition 65 on June 12, 2009.

OEHHA proposed listing styrene and vinyl acetate based on their classification as carcinogens under the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communications Standard (HazCom).

The Styrene Information and Research Center, Inc. (SIRC) brought an action in California state court on July 14, 2009, challenging OEHHA’s proposal to list styrene under the Labor Code provision of Proposition 65.

For more information and the full article please refer to the link above.

This article is brought to you by Access – Lift&Handlers Magazine – About the finalization of OSHA regulations to to make it compatible with GHS standards.

The Occupational Safety & Health Administration (OSHA) has finalized a rule revising its hazard communication standard to align it with the United Nations’ Globally Harmonized System (GHS) of Classification and Labeling of Chemicals (GHS). The change will affect more than five million businesses across the United States.

The current hazard communication standard (29 CFR 1910.1200) requires chemical manufacturers to evaluate the chemicals they produce and determine if they are hazardous. It also requires them and distributors to inform all related employers and employees of the chemicals’ hazards through various communication means, such as labels and “Material Safety Data Sheets” (MSDSs).

The new rule standardizes the classification process used by manufacturers. Manufacturers would classify any health or physical hazards of the chemical and determine the “category” of each class. The rule then requires manufacturers to place the chemical into further subcategories.

For the full article and more information please refer to the link above.

This Webinar is brought to you by Mike Moffatt, Ph.D.

To sign up for Friday September 14th, 3:00PM EST, please click:

https://attendee.gotowebinar.com/register/3023107565260626432

To sign up for Monday September 17th, 9:00AM EST, please click:

https://attendee.gotowebinar.com/register/5301357230663668480

Each webinar is limited to the first 100 respondents, so please RSVP earlier rather than later.

We will discuss the changes to SDSs and labels, timelines for compliance, and compare to changes made by other jurisdictions.
This webinar is aimed for those who know little-to-nothing about the new regulation. We will be having webinars on more advanced Hazcom 2012 topics in the coming months (as well as more webinars on the basics).

As well, Nexreg is happy to speak about these issues in person to your group or trade association.  If your association has a meeting come up and needs a speaker, please contact me for information.

To sign up for a free Webinar or to find more information click on the links above.

From Woodworking Network:

..While OSHA currently does not yet have a formal combustible dust standard, that is NOT preventing OSHA inspectors from issuing citations related to combustible dust using current regulations.

The first citation from this particular inspection states, “layers of combustible wood dust were allowed to accumulate to depths over surface areas in quantities that exposed workers to fire and or explosion hazards.”  This citation references 29 CFR 1910.22(a)(1)…So the layers of wood dust in this citation were in direct violation of the current “housekeeping” regulation.

The second citation is also worthy of exploration.  In this case the “general duty clause” is cited… The general duty clause is basically an all-encompassing regulation that OSHA uses if there is a perceived violation that is NOT covered by any other regulation.

..As of this date there is no formal timeline for a standard but combustible dust is still in the rulemaking process.

OSHA did, however, issue a modification of the Hazardous Communication Standard in March (2012) to include Combustible Dust as a hazardous chemical. By doing so, OSHA’s has expanded the depth of its ability to using more detailed sections of the CFR in citing combustible dust violations. The biggest issue is the lack of a definition for combustible dust.  There is, however, now a clearly defined standard that requires “labeling” under the newly defined GHS (Globally Harmonized System) because combustible dust hazards “may form combustible dust concentrations in the air.”

For the full story see the above link.

From the Canadian Centre for Occupational Health and Safety:

Top 5 questions about GHS answered

After years of anticipation, the implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) is one step closer to reality in the United States (U.S.). This change has implications for Canadians and Americans alike, and raises many questions. Here are the top five questions – and the answers – that CCOHS is asked about the GHS.

1. What are Canada’s timelines for implementing the GHS in WHMIS?

This is the most common GHS question that CCOHS is asked and, unfortunately, the answer is that the implementation timelines for Canada are still unknown. Federal WHMIS regulators are working on finalizing their proposed changes to WHMIS to implement the GHS. Health Canada is expected to post detailed information on their website about how WHMIS may change, for public consultation. In addition to public consultation, Health Canada has identified these remaining steps:

• an economic analysis
• revision of the federal legislation, including the Hazardous Products Act and the Controlled Product Regulations
• revision of WHMIS regulations by the provincial and territorial governments

With Canadian laws often taking one or two years to be updated, CCOHS estimates that there won’t be new WHMIS laws until 2013 or later. Then it is expected that there will be a “transition period” for suppliers and employers to switch from old-to-new WHMIS requirements (possibly a two or three year transition period).

2. Are GHS safety data sheets (SDSs) accepted in Canada today?

Yes, they are, with a few important considerations.

For some time now the WHMIS program has had a policy to accept a number of different MSDS formats, including the 16-section GHS SDS format, in place of the 9-heading format required by the Controlled Products Regulations. However, it is very important to note that the MSDS/SDS must contain all of the WHMIS required content as specified in the Controlled Products Regulations (Schedule I, Column III). It is also important to note that the GHS hazard classification may not always be the same as the WHMIS classification and there are differences in terminology between the two systems. Therefore, care should to be taken to communicate messages that are consistent with the WHMIS hazard communication system.

3. Are GHS labels accepted in Canada today?

No, they are not. The National Office of WHMIS does not have a policy to accept GHS labels. There are some important differences in the label requirements of the two systems. For example, the WHMIS regulations require:

• the use of applicable WHMIS symbols – the GHS requires pictograms, but the pictograms are not identical to the WHMIS symbols;
• the use of a hatched border – the GHS does not require a specific label border; and
• reference to the material safety data sheet – there is no similar requirement in the GHS.

Note: It remains to be seen if the hatched border and reference to the SDS will be retained after the GHS is implemented in Canada.

4. I am a Canadian manufacturer shipping hazardous products to the U.S. How will changes to the Occupational Safety & Health Administration (OSHA) Hazard Communication Standard affect me?

This is a good question. As an exporter of hazardous products to the U.S., you will have to comply with the new “GHS” requirements of the OSHA Hazard Communication Standard when they become law. Keep in mind that a multi-year transition period is expected, so you will have time to reclassify your products and prepare OSHA GHS compliant SDSs and labels. However, depending on factors such the number of raw materials/ingredients used in your products, and the number of SDSs and labels that you must produce or update, you may want to get started sooner rather than later.

On the other hand, if you are a U.S. company shipping hazardous products into Canada, you will have to continue complying with WHMIS laws until the GHS is implemented in Canada.

5. Should I be training on the GHS now?

The primary goal of training is that all target audiences know how to recognize and interpret label and/or SDS information, and take appropriate precautions. Until the new laws come into force, you should continue to train on your existing hazard communication system (Canadian WHMIS or OSHA HazCom).

If you are an American supplier, employer, or worker, you should check the OSHA website for current information regarding implementation of the GHS in the U.S., and the new Hazard Communication Standard requirements. Training resources will likely be published very soon.

If you are a Canadian supplier, employer, or worker, the CCOHS “WHMIS after GHS” courses will help increase your awareness about potential changes. However, company-wide training is not a good idea until the possible requirements for GHS implementation into WHMIS are published.

We will keep you informed with regard to any Canadian GHS updates.

From the Office of the Federal Registrar:

OSHA is modifying its Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS).  OSHA has determined that the modifications will significantly reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. Consistent with the requirements of Executive Order 13563, which calls for assessment and, where appropriate, modification and improvement of existing rules, the Agency has concluded this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.