HCS Compliance. Fact or Fiction

Transcription

1 HCS Compliance Fact or Fiction 1

2 Glenn Trout President & CEO, MSDSonline 2

3 Goals for this Presentation Review the HCS HCS fact & fiction Challenges related to compliance Persuade you to take steps to ensure your organization s compliance 3

4 HCS What is it? 4

5 What is HCS? An OSHA Regulation 5

6 A.K.A 6

7 HCS The HazCom Reg HazCom Standard Right-to-Know HazCom 2012 RTK Hazard Communication GHS 29 CFR The Reg HazCom Right-to-Understand 7

8 What is HCS? An OSHA Regulation Adopted in 1983 Covers 43+ Million Workers 5+ Million American Workplaces Over 880,000 Chemicals Revised to Align with GHS March 26, 2012 and went into effect May 25, 2012 Globally Harmonized System of Classification and Labelling of Chemicals 8

9 HazCom 2012 Revises HCS to Align with GHS Maintain HCS framework Enhance protection Based on GHS Rev 3 (2009) Major Changes Chemical Classification Safety Data Sheets (SDSs) Labels Compliance Enforcement Employee Training by December 1, 2013 Manufacturer SDS/Label Update by June 1, 2015 Distributors may ship old SDS/Labels until December 1, 2015 Full Compliance Expected by June 1, 2016 Transitional Period allows for compliance with old or new HCS/HazCom

10 Purpose of HCS HazCom 1994 to ensure hazards of all chemicals produced or imported are evaluated and details regarding their hazards are transmitted to employers and employees 10

11 Purpose of HCS HazCom 2012 to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees to be consistent with the provisions of the GHS, Revision 3. 11

12 Chemicals Covered HazCom 1994 Health Hazards Appendix A Carcinogen Toxic Highly toxic Irritant Corrosive Sensitizer Reproductive toxin Target organ effects Hepatotoxins Nephrotoxins Neurotoxins Agents which damage the lungs, skin, eye, or mucous membranes Agents which act on the blood or hemato-poietic system Eye hazards Cutaneous hazards 12

13 Chemicals Covered HazCom 1994 Physical Hazards Flammable (gases, liquids, solids, aerisols) Explosive Combustible Liquid Oxidizer (liquid, solid, gas) Pyrophoric (liquid, solid) Organic peroxide Compressed gas (or in contact with water emits flammable gas) Unstable (reactive) or water-reactive 13

14 UN s GHS Hazard Classifications Physical Explosives Flammable Gases, Aerosols Liquids, Solids Oxidizers liquids, solids, gases Self-Reactive Substances Self-Heating Substances Pyrophoric liquids, solids Organic Peroxides Corrosive to Metals Gases Under Pressure Water-Activated Flammable Environment/Aquatic Toxicity Gases Hazardous to New the with Ozone GHS is the concept of severity: Layer Most of these hazard classes are also subdivided into hazard categories to reflect the degree of severity of the effect Health & Environmental Acute Toxicity Aspiration Toxicity Skin Corrosion/Irritation Serious Eye Damage/Eye Irritation Respiratory or Skin Sensitization Germ Cell Mutagenicity Carcinogenicity Reproductive Toxicity Target Organ Systemic Toxicity Single and Repeated Dose Hazardous to the Aquatic 14

15 Hazards come in many forms, shapes and sizes 15

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17 Who Has Responsibilities? Chemical Manufacturers Evaluate and now also classify hazards of chemicals Provide labels & SDSs to employers to which they ship chemicals Importers & Distributors Provide labels & SDSs to employers to which they ship chemicals 17

18 Who Has Responsibilities? Employers Who Use Chemicals Prepare and implement written program Maintain written inventory of hazardous chemicals Ensure that all in-plant containers are properly labeled Ensure that MSDSs are obtained for all hazardous chemicals and provide Right to Know access Train employees 18

19 A LOT overlapping regulations and Acts OF GREY minute or trace amounts AREA reasonable amount readily-accessible 19 19

20 Letters of Interpretation Mostly Situation-Specific Questions Questions around Applicability, Defining Terms, etc. Most are Simply Trying to Ensure they re Compliant Some are Looking for Technicalities 20

21 A Common Sense Reg The Compass of Common Sense will Get You through Most Interpretation Check the OSHA Website for Letters of Interpretation Related to Your Question(s) Largely Dependent on Your Environment 21

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23 HCS Main Requirements Written Plan Chemical Inventory Labels & Warnings Training MSDS Documents 23

24 HCS Main Requirements Written Plan 24

25 #1 Written HCS Program Reflective of your workplace and specific conditions at your facility Must include all of the following: List of present chemicals (entire workplace/ individual work area) Identify employee(s) who are responsible for components of the plan Explain where written materials are available Describe how the facility will meet the requirements for: Labels and other forms of warning (what to look for, etc ) Material Safety Data Sheets MSDSs (how to read them, etc ) Employee information and training By June 1, 2016, must be updated to account for HazCom 2012 / GHS changes 25

26 HCS Main Requirements Chemical Inventory 26

27 #2 Chemical Inventory Include All Chemicals that are Hazardous and Have the Potential for Employee Exposure May change with Manufacturer reclassifications required under HazCom 2012 Consider Chemicals in All Physical Forms Liquids, solids, gases, vapors, dust, etc. Identify Chemicals in Containers, including Pipes Consider Chemicals Generated in Work Operations Welding fumes, dusts, exhaust fumes, etc. 27

28 HCS Main Requirements Labels & Warnings 28

29 # 3 Labels & Warnings Labels on Products Shipped by Manufacturers, Importers and Distributors (HazCom 2012) Six standardized elements: product identifier supplier information pictograms signal words hazard statement precautionary information 29

30 # 3 Labels & Warnings HazCom 2012 GHS Alignment Product/Chemical Identifier Supplier Identifier Hazard Pictogram(s)* Signal Word* Hazard Statement(s)* Precautionary Information** * Standardized under GHS ** Standardized under HCS 30

31 #3 Label Pictograms Exploding Bomb Flame Flame Over Circle Explosives Self Reactive Organic Peroxide Flammable Self Reactive Pyrophoric Self-Heating Emits Flammable Gas Organic Peroxides Oxidizers Gas Cylinder Skull and Crossbones Corrosion Gases Under Pressure Acute Toxicity (Fatal or toxic) Skin Corrosion Corrosive to Metals Serious Damage to Eye Health Hazard Carcinogenicity Respiratory Sensitizer Reproductive Toxicity Target Organ Toxicity Mutagenicity Aspiration Toxicity Exclamation Mark Skin & Eye Irritant Dermal Sensitizer Acute Toxicity (harmful) Transient Target Organ Effects Harmful to Ozone Layer (Not mandatory) Environment (Not mandatory) Environmental Toxicity 31

32 #3 Labels and Warnings 32

33 # 3 Labels & Warnings Labels on Products Shipped by Manufacturers, Importers and Distributors: Six standardize elements: product identifier, supplier information, pictograms, signal words, hazard statement, precautionary information. Must Be Legible and Prominently Displayed: Labels cannot be removed or defaced Labels on In-Plant/On-Site Containers of Hazardous Chemicals (Workplace/Secondary Labels): Replicate shipping label elements, or Alternate system + additional training = same understanding as shipping label English Required Other Languages Optional 33

34 HCS Main Requirements Train your employees 34

35 #4 Employee Training Before Assigning Work with Hazardous Chemicals By Individual Chemicals or Categories of Hazards Employee Training Must Include: Requirements of HCS Operations within work areas where hazardous chemicals are present Location and availability of the written HCS plan, hazardous chemical inventory and MSDSs Methods to detect presence or release of hazardous chemicals Physical and health hazards of chemicals in the work area Measures to protect themselves from the hazards Details of employer s hazard communication program GHS/HazCom 2012 Training on new Label and SDS formats by Dec. 1,

36 HCS Main Requirements MSDS Documents 36

37 #5 Material Safety Data Sheets Manufacturer, Importer or Distributor Provides with First Shipment and Anytime the Information Changes Detailed Information on Each Hazardous Chemical: Potential hazardous effects Physical and chemical characteristics Recommendations for appropriate protective measures Must Be Readily Accessible to Employees in Their Work Areas During Their Work Shifts Electronic management is OSHA compliant as long as you have adequate back-up Must Have MSDS Before Chemical is Used 37

38 #5 Safety Data Sheets Redefined as Safety Data Sheets (SDS) GHS includes 16-part format Essentially the ANSI Standard = Several Sections are not Mandatory Sections Ecological information Disposal considerations Transport information Regulatory information Outside of OSHA s jurisdiction New Appendix D Details what is to be included in each section 38

39 #5 Safety Data Sheets 1. Identification 2. Hazard(s) Identification 3. Composition/Ingredient Information 4. First-Aid Measures 5. Fire-Fighting Measures 6. Accidental Release Measures 7. Handling and Storage 8. Exposure Control/ Personal Protection 9. Physical & Chemical Properties 10.Stability & Reactivity 11.Toxicological Information 12.Ecological Information 13.Disposal Considerations 14.Transport Information 15.Regulatory Information 16.Other Information 39

40 #5 Safety Data Sheets Section 2 Hazard(s) Identification GHS Classification Pictograms Signal Word Hazard Statement Precautionary Statement 40

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42 There are other ways to manage your SDSs 42

43 Alternative Approaches Software Fax-Back Internet-Based SDS Database stored & managed on a local computer or network Sort, search, print, reports & archive Typically no SDS libraries, so you do updating yourself Must install software & keep up with upgrades SDSs requested from 800# call centers & faxed to customers on-demand Fax-only systems can be expensive Not compliant as a stand-alone product, doesn t meet OSHA s back-up requirements No transparency only way to know if you have an SDS is to call MSDSs accessed and managed through an on-demand, online system No software to install Attributes to consider: Large database Updates Tools to access, manage & deploy Reporting Customer support Track record of uptime 43

44 Electronic solutions help companies go from here 44

45 Paper-based systems 45

46 to here 46

47 Electronic SDS Management 47

48 Still Want to Use Paper? Average MSDS Library Contains 2, Pages/ MSDS Management is Costly, Tedious & Often Non- Compliant OSHA Studies Show That Only 70% of a Company s Hazardous Chemical Inventory has Accurate MSDSs Available 48

49 Time to play HCS Fact or Fiction 49

50 Fact or Fiction Q: Managing SDSs electronically is compliant with the OSHA standard? Fact Electronic means of managing and deploying MSDS documents is compliant with the OSHA standard as long as there are no barriers to employee access 50

51 Additional OSHA Guidelines Ensure an Adequate Back-Up System is in Place for Rapid Access in the Event of an Emergency Power outages, equipment failure, online access delays, etc. Ensure the Electronic System is Integrated into the Overall Hazard Communication Program of the Workplace Ensure Employees and Emergency-Response Personnel have Hardcopy-Access to the MSDSs if Needed or Desired 51

52 Fact or Fiction Q: You must have MSDSs in a paper format? Fiction Readily accessible does not mean MSDSs have to be preprinted, however You must be able to provide a hardcopy of an MSDS upon request 52

53 Fact or Fiction Q: If you have Spanish-speaking employees, you must have an MSDS in Spanish? Fiction While it s always better to have MSDSs and labels written in a language that your employees can understand, English is the only required language. Other languages are optional. However, you must train your employees in a language they can comprehend. 53

54 Fact or Fiction Q: All MSDSs must be produced in a specific format as prescribed by OSHA? Fact Under GHS, manufacturers and distributors have the added responsibility of producing MSDSs using GHS format GHS Requires 16-Part format in a specific order 54

55 Fact or Fiction Q: The United States has adopted the GHS requirements for labels? Fact Adopted March 26, Effective May 25,

56 Fact or Fiction Q: You must keep an MSDS on file for 30 years after the product is no longer in use? FACTION Fact: If MSDSs are being maintained as a way to meet the Access to Employee Exposure and Medical Records Standard ( ), then all (M)SDSs for chemicals must be retained for at least 30 years following the discontinuation of their use. Fiction: If the Standard is being met by using its alternative compliance option of recording the identity of each chemical AND where AND when each was used, then the MSDSs do not need to be retained. 56

57 Fact or Fiction Q: MSDSs must be updated at least every 3 years by chemical manufacturers? Fiction In the United States, MSDSs must be updated only if /when: 1. There is a material change made to the chemical 2. There is change in the known hazards related to a chemical 3. There is a significant change made to the emergency or contact information associated with the MSDS 4. The format changes for GHS alignment Manufacturers have until June 1,

58 Fact or Fiction Q: The EPA is responsible for the HazCom 2012 Reg? The HazCom 2012 Reg is managed by OSHA, a division of the U.S. Department of Labor Fiction 58

59 Fact or Fiction Q: Pharmaceuticals in pill, tablet or capsule form do NOT require an MSDS? Fact However, MSDS is required, if tablets, capsules or pills containing hazardous chemical products in solid dosage form must be/are designed to be dissolved or crushed by an employee prior to administration to the patient 59

60 Fact or Fiction Q: Consumer products require an MSDS? Fiction However, if duration and frequency of use by employees is greater than the intended standard consumer use, then an MSDS and HCS training must be provided 60

61 Fact or Fiction Q: OSHA doesn t really do inspections to check for compliance with this regulation Fiction From , OSHA cited over 20,000 instances of HCS violations HCS ranks #3 among most frequently cited standards 61

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63 Some of what inspectors or safety officials will be looking for... A list / inventory of chemicals used in the workplace Proper labeling of those chemicals Written HCS plan MSDS documents (and a system for accessing, managing and deploying them) Self inspection checklists available at OSHA.gov 63

64 So how do I make sure I m compliant? 64

65 Simple Create Checklist Obtain a copy of the Hazard Communication Standard Read and understand the requirements (OSHA s HazCom Web page is helpful) Prepare a written program Assign responsibility for tasks Prepare an inventory of hazardous chemicals Obtain an M/SDS for each hazardous chemical Make M/SDSs available to workers Conduct training for workers Ensure containers of hazardous chemicals are labeled Establish procedures to maintain current program and handle GHS transition Establish procedures to evaluate effectiveness 65

66 Fact or Fiction Q: EH&S professionals spend as much as 45% of their time each day completing tedious compliancereporting and record-management tasks Fiction Our findings indicate that it s closer to 75% EH&S professionals can, however, reduce this time greatly by shifting to systems that help automate and streamline compliance 66

67 SO WHAT? Why should I care about the HCS Regulation? well 67

68 Penalties for non-compliance are very real In 2009, 2010 & 2011 combined, OSHA cited over 20,000 instances of HCS violations in workplaces across the United States #3 on OSHA's top 10 list of most frequently violated compliance standards 68

69 A Bronx metal fabricator faced $115 thousand in fines for new, as well as uncorrected or inadequately corrected hazards including: failure to develop and implement a hazard communication program, train employees, label containers or have SDSs 69

70 A New York waste and recycling collection company faced $80 thousand in proposed fines for violations including no hazard communication program or training. 70

71 Fact or Fiction Q: The HCS Reg only applies to large chemical and manufacturing companies Fiction Even small businesses need to comply with the regulation if they re using hazardous chemicals 71

72 A construction company in Ohio with just 3 employees, was fined $7,500. Citations included failing to have an (M)SDS for each hazardous chemical, failing to train employees to recognize and avoid unsafe conditions and failing to train workers who used hazardous chemicals. 72

73 Cost of Non-Compliance Fines Potential risk & liability Downtime & internal disruption Negative press & impact to corporate image Lost revenues 73

74 Fact or Fiction Q: MSDSonline has a full suite of solutions to help you comply with HCS? Fact If you re not already working with someone from our company, we ll be following up with you to learn more about your organization s goals for safety and compliance and how we can help you meet those goals. 74

75 Thank You!