HAZARD COMMUNICATION PROGRAM

Transcription

1 A P P E N D I X 9 HAZARD COMMUNICATION PROGRAM AP9.1. Purpose. AP9.2. Policy. The purpose of this policy is to establish requirements for the development and implementation of Hazard Communication Programs to inform employees of the potential physical and health hazards that may result from exposure to chemicals in CBP work environments. It is the policy of CBP that every work site where hazardous chemicals are present shall establish a hazard communication program that complies with the requirements of OSHA standard 29 CFR Information shall be provided to employees by the appropriate use of hazard assessments, hazard warning labels, written programs, material safety data sheets, and employee training programs. AP9.3. Definitions. Chemical means any element, chemical compound or mixture of elements and/ or compounds. Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution. Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. Exposure or exposed means that an employee is subjected in the course of employment to a chemical that is a physical or health hazard, and includes potential (e.g. accidental or possible) exposure. Subjected in terms of health hazards includes any route of entry (e.g. inhalation, ingestion, skin contact or absorption.) 105

2 Foreseeable emergency means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. Hazardous chemical means any chemical which is a physical hazard or a health hazard. Hazard warning means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s). (See the definitions for physical hazard and health hazard to determine the hazards which must be covered.) Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term health hazard includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Identity means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS. Immediate use means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred. Label means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. Material safety data sheet (MSDS) means written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of OSHA standard 29 CFR Mixture means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction. Physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive. Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage. Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. Use means to package, handle, react, emit, extract, generate as a byproduct, or transfer. 106

3 Work area means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present. Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas. AP9.4. Responsibilities. AP The senior management official at each field office or facility (i.e. Port Director, Chief Patrol Agent, Director, Canine Enforcement Training Center, etc.) is responsible for implementing the hazard communication program at every facility where hazardous chemicals are present. AP Field managers shall implement a program that responds to the unique activities and needs of their facility. AP Managers shall: AP9.5. Program Requirements. a) Identify and evaluate the chemical hazards in the workplace. b) Prepare a hazardous substance inventory. c) Develop a written hazard communication plan if hazardous chemicals are present in the workplace. d) Maintain a file of material safety data sheets for all hazardous chemicals present in the workplace. e) Provide employees with access to material safety data sheets. f) Ensure that incoming products have proper labels. g) Develop a system for within-facility labeling where necessary. h) Develop a site-specific training program. i) Identify and train employees who are potentially exposed to hazardous chemicals. j) Evaluate the program and improve and update it where necessary. Hazard communication programs must meet the following requirements: AP9.5.1 Hazard Assessment a) Each office must evaluate its workplace to identify the chemical agents known to be present and to which employees may be exposed to in the course of their employment. b) An inventory list of identified chemicals must be maintained and updated at least annually. An inventory may be kept in each workplace. The inventory must identify the work area(s) it covers and must be available to employees and employee representatives upon request. Examples of hazardous chemicals common to CBP operations include, but are not limited to: 107

4 oleoresin capsicum (oc) spray, illegal narcotics, gun cleaner, gasoline, photography chemicals, sulfuric acid (lead acid batteries), carbon monoxide (motor vehicle exhaust), lead (firing range), and narcotic test kits. Note: Hazardous cargo shipments do not have to be listed on the chemical inventory. AP Labels and Other Forms of Warning a) Each container of chemicals in the work place must be labeled or tagged with the identity of the contents, the manufacturerʼs name and address and appropriate hazard warnings. The identity may be any designation (e.g., common, generic, or trade name) that can be referred back to the inventory described above and the associated material safety data sheets. The hazard warning may be any type of message, words, pictures, or symbols that convey the hazards of the material in the container. b) Existing labels on containers brought into the workplace must not be removed or defaced unless the container is immediately marked with the required information. New labels are not required if existing labels convey the required information. c) Portable containers of chemicals need not be labeled if the material is transferred from a labeled container and is intended for the immediate and exclusive use of the employee performing the transfer. AP Material Safety Data Sheets a) Chemicals Used in the Workplace (1) A material safety data sheet must be on file for every hazardous chemical used in the workplace. Material safety data sheets shall be readily available to every employee who may be potentially exposed to hazardous chemicals and to employee representatives. (2) Requests for material safety data sheets must be included in all contracts, solicitations, and procurements involving delivery of chemical agents, unless a current material safety data sheet for the chemical has been previously submitted to the work place where the chemical is used, handled or stored. b) Hazardous Cargo Shipments (1) The hazard communication standard does not require importers and manufacturers to provide a material safety data sheet with each hazardous chemical shipment. The OSHA standard allows importers and manufacturers to send the material safety data sheet directly to the end user. 108

5 (2) At work locations where hazardous chemical shipments are only handled in sealed containers and employees are not allowed to open these containers or take samples, an MSDS is not required unless an employee requests one. If a CBP employee requests material safety data sheets or is assigned a work task that may expose the employee to a hazardous chemical (i.e. conducting an examination, sampling, etc.) the OSHA standard requires CBP management obtain the material safety data sheet and make it available to the employee. Field offices shall maintain copies of all material safety data sheets received with hazardous chemical shipments and make them readily available to employees. There are several commercially produced electronic material safety data sheet database programs available. Ports that handle hazardous chemical shipments should give serious consideration to purchasing a system that can be queried by CAS number. Contact the Chief, Safety and Occupational Health Branch for additional information on these programs. AP Written Hazard Communication Program a) The written program shall describe: (1) The procedures used to determine hazards of chemicals evaluated (may rely on chemical manufacturer or importer); (2) Location of material safety data sheets and the procedures for obtaining any missing material safety data sheets; (3) The labeling system that will be used; (4) The chemical inventory; (5) The employee education and training program; (6) The hazards of non-routine tasks; and (7) Procedures and methods for informing other on-site employers (GSA, National Guard, etc.) and contractors of hazardous substances in the workplace to which their employees may be exposed. b) A written hazard communication program is not required at cargo inspection facilities that process hazardous cargo shipments in sealed containers, if employees do not open these containers or take samples. This exemption is limited to those areas of a facility where sealed containers of hazardous chemical imports/ exports are processed. If hazardous chemicals, such as OC spray are used in these areas by CBP employees, or if employees open sealed containers to conduct examinations or take samples, a written hazard communication program is required. 109

6 AP Employee Information and Training AP9.6. References. a) Field offices must provide information and training to employees who may be exposed to the potential health and physical hazards of chemicals in their work place when they are initially assigned and whenever a new hazard is introduced in the workplace. b) Employees shall be informed of the location and availability of the chemical inventory and material safety data sheets. c) Employee training must, as a minimum, include the health and physical hazards of the chemicals in the workplace, an explanation of how employees can use material safety data sheet and labeling information, methods that can be used to detect the presence or release of a hazardous substance, and methods available to the employee for protection against health and physical hazards in the workplace. Training should also include procedures to be followed in the event of a leak or spill of a hazardous chemical. Occupational Safety and Health Act of 1970, Section 19, 29 U.S.C. 68; Executive Order (45 FR12769) dated February 26, 1980; 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs; 29 CFR , Hazard Communication Standard. 110

7 HAZARD COMMUNICATION SAMPLE WRITTEN PROGRAM NOTE: The written program must include the specific methods that are used to achieve compliance with the requirements of the Hazard Communication Standard (29 CFR ). The specific methods described in this sample written program are for illustrative purposes, and other effective methods may be substituted to satisfy local needs or practices. I. Purpose (General) II. The purpose of this instruction is to ensure that the port of [insert facility name] is in compliance with the OSHA Hazard Communication Standard (HCS) 29 CFR [Insert name] is the overall coordinator of the hazard communication program at this facility, acting as the representative of the [insert the title of the senior management official at this facility], who has the overall responsibility for the hazard communication program. In general, each employee at this location will be apprised of the substance of the HCS, the hazardous properties of chemicals they work with, and measures to take to protect themselves from these chemicals. List of Hazardous Chemicals The hazard communication program coordinator will maintain a list of all hazardous chemicals used in the facility, and update the list as necessary. The hazardous chemical list will be updated upon receipt of hazardous chemicals at the facility. The list of hazardous chemicals is maintained at [specify the location]. III. Material Safety Data Sheets (MSDSs) The hazard communication program coordinator will maintain a MSDS library on every substance on the list of hazardous chemicals in the [location]. The MSDS will consist of a fully completed OSHA Form 174 or equivalent. The [location manager or supervisor] will ensure that each work area maintains an MSDS for every hazardous material used in that area. MSDSs will be readily available to all employees. The hazard communication program coordinator is responsible for acquiring and updating MSDSs. The hazard communication program coordinator will review each MSDS for accuracy and completeness and will consult with the Headquarters Safety Manager if additional research is necessary. All new procurements of chemicals for the facility must be cleared by the port hazardous cargo coordinator. Whenever possible, the least hazardous substance will be procured. MSDSs that meet the requirements of HCS must be fully completed and received at the facility either prior to, or at the time of receipt of the first shipment of any potentially hazardous chemical purchased from a vendor. It may be necessary to discontinue procurements from vendors failing to provide approved MSDSs in a timely manner. 111

8 IV. Labels and other Forms of Warning The hazard communication program coordinator shall ensure that all hazardous chemicals in the facility are properly labeled. Labels should list at least the chemical identity, appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party. The hazard communication program coordinator will refer to the corresponding MSDS to verify label information. Immediate use containers, small containers into which materials are drained for use on that shift by the employee drawing the material, do not require labeling. To meet the labeling requirements of the HCS for other in-house containers, refer to the label supplied by the manufacturer. All labels for in-house containers will be approved by the port hazardous cargo coordinator prior to their use. The hazard communication program coordinator will check on a monthly basis to ensure that all containers in the facility are labeled and that the labels are up to date. V. Training Each employee who works with or is potentially exposed to hazardous chemicals will receive initial training on the hazard communication standard and the safe use of those hazardous chemicals. Additional training will be provided for employees whenever a new hazard is introduced into their work areas. Hazardous chemical training is conducted by [person/department/vendor]. (Attach a copy of course outline, training schedules, and a description of course materials). The training will emphasize these elements: A summary of the standard and this written program; Hazardous chemical properties including visual appearance and odor and methods that can be used to detect the presence or release of hazardous chemicals; Physical and health hazards associated with potential exposure to workplace chemicals; Procedures to protect against hazards, e.g., personal protective equipment, work practices, and emergency procedures; Hazardous chemical spill and leak procedures; and, Where MSDSs are located, how to understand their content, and how employees may obtain and use appropriate hazard information. The hazard communication program coordinator will monitor and maintain records of employee training and advise the [senior management official] on training needs. 112

9 VI. Other Employers, Including Contractors The hazard communication program coordinator, upon notification from the [responsible supervisor], will advise other Federal agencies working at this site and outside contractors of any chemical hazards which may be encountered in the normal course of their work on these premises. VII. Non-routine Tasks Supervisors contemplating a non-routine task, e.g.,ventilation system repair, will consult with the hazard communication program coordinator and will ensure that employees are informed of chemical hazards associated with the performance of these tasks and appropriate protective measures. This will be accomplished by a meeting of supervisors and the hazard communication program coordinator with affected employees before such work is begun. VIII. Additional Information Further information on this written program, the Hazard Communication Standard, and applicable MSDSs is available at [location/telephone number]. 113

10 CHECKLIST FOR THE HAZARD COMMUNICATION STANDARD The following checklist is intended to assist field offices in managing their hazard communication program. It is not intended to be all inclusive, but will help guide the person developing the local hazard communication program in complying with the requirements of the OSHA standard. A. HAZARD COMMUNICATION PROGRAM 1. Program in writing. Written Program provides the following: 2. Describes procedures used to determine hazards of chemical evaluated (employers may rely on chemical manufacturer or importer). 3. Describes how criteria for material safety data sheets will be met. OSHA SECTION YES NO (e)(1) (d)(6) (g) 4. Describes our labeling system (f) 5. Provides a list of hazardous chemicals referenced on the MSDS for all hazardous materials used in the workplace (see Section B). 6. Describes our employee education and training program (e)(1)(I) (h) 7. Describes hazards of non-routine tasks (e)(1)(ii) 8. Includes procedures for informing other on site employers (GSA, National Guard, etc.) of hazardous substances in the workplace to which their employees may be exposed. 9. Includes procedures for informing on-site contractors of hazardous substances in the workplace to which their employees may be exposed. a) Method of providing other contract employerswith MSDSs. b) Methods used to inform other contract employers in normal operations and emergencies. c) Methods used to inform contract employers of labeling system used. 10. Is available to employees, union representatives, OSHA and NIOSH (e)(2) (e)(2) (e)(2)(I) (e)(2)(ii) (e)(2)(iii) (e)(1)(4) 114

11 B. LIST OF HAZARDOUS MATERIALS IN THE WORKPLACE Our list contains all hazardous chemicals including,but not limited to: 1. Drug testing kits. 2. Gun Cleaner. 3. Sulphuric Acid (Lead acid batteries). 4. Lead (Firing ranges). 5. Carbon monoxide (forklifts and motor vehicle exhaust). 6. Illegal narcotics (cocaine, heroin, etc.). 7. O.C. Spray. 8. Photography chemicals. 9. Copy machine and laser printer toner. 10. Cleaning and maintenance chemicals. C. HAZARDOUS MATERIALS LABELING SYSTEM - SHIPPING LABELS 1. All hazardous chemicals leaving the workplace are labeled (e.g. shipments to a CBP laboratory). 2. Labels contain: OSHA SECTION YES NO (e)(1)(I) (f)(1) a) Chemical identification (f)(1)(i) b) Appropriate hazard warning in English, pictures and/or symbols (f)(1)(ii) c) Name and address of responsible party (f)(1)(iii) D. HAZARDOUS MATERIALS LABELING SYSTEM - IN PLANT: 1. The labels on incoming containers have not been removed or defaced unless immediately replaced with our own labels. 2. A method has been established to ensure that our labels are correct and up-to-date. 3. Containers are labeled with the identity of hazardous chemicals and hazard warnings. 4. Stationary process containers are labeled or an alternative means has been established to identify and convey hazard information (f)(8) (f)(5) (f)(5) (f)(6) 115

12 5. Alternative hazard information is readily accessible to employees in the workplace. 6. Temporary containers used between work shifts or by different workers are labeled. OSHA SECTION YES NO (f)(6) (f)(7) 7. Our labels are legible and written in English (f)(9) 8. Our labels contain: a) A chemical name that coincides with the name on the MSDS (g)(2)(I) b) The identity of hazards (f)(5)(I) c) An appropriate hazard warning for employee protection. May be words, pictures and/or symbols. d) Information that does not conflict with DOT regulations. e) Other OSHA standards if material is already regulated. E. MATERIAL SAFETY DATA SHEETS: 1. An MSDS is available for every hazardous chemical used in the workplace. 2. MSDSs are readily accessible to exposed employees in the work area throughout each work shift. 3. Procedures have been established for: a) Updating our MSDSs (or for receiving updated copies from our supplier). b) Reviewing MSDSs to make sure they are complete with no blanks. c) Taking appropriate action if an initial shipment is received without an MSDS. d) Getting a new or updated MSDS to employees handling materials. e) Advising employees of any changes in MSDSs. f) Documentation of efforts to obtain MSDSs from supplier (f)(5)(ii) (f)(3) (f)(4) (g)(1) (g)(8) (g)(5) (g)(6)(I) (g)(6)(iii) (g)(6)(I) (h) 116

13 F. HAZARDS OF NON-ROUTINE TASKS: Procedures have been established assessing the hazards of non-routine tasks as follows: 1. All non-routine tasks involving the use or exposure to hazardous materials are identified. 2. The hazards involved in the performance of non-routine tasks are described in writing. 3. A labeling system or written operating procedure has been established to identify the hazardous substances and the hazards involved in non-routine tasks. 4. Special training has been established for the performance of non-routine tasks, including written operating procedures. 5. An MSDS is prepared or obtained for the hazardous materials involved in these non-routine tasks. G. EMPLOYEE EDUCATION & TRAINING Procedures have been established to inform employees of: 1. Hazardous materials in the workplace at initial assignment and when new hazards are introduced. 2. Requirements of the Hazard Communication Standard. 3. Operations where hazardous material are present. 4. Location and availability of the written hazard communication program including the hazardous chemical list and Material Safety Data Sheets. H. PROCEDURES FOR TRAINING EMPLOYEES INCLUDE: 1. Training which is done prior to handling of the hazardous chemical, including employees who may only temporarily do this work. OSHA SECTION YES NO (e)(1)(ii) (e)(1)(iii) (e)(1)(ii) (e) (g)(1) (h) (h)(2)(I) (h)(2)(ii) (h)(2)(iii) (h) 117

14 2. Updated training is considered when the employee has transferred jobs or departments. 3. Updated training is considered when significant changes in chemicals or operations have occurred. 4. The location of MSDSs and the procedure for reviewing them and/or obtaining a copy. 5. Methods for detecting the presence of hazardous materials-monitoring procedures, odors, visibility, etc. 6. Information about physical and health hazards of chemicals in the work area. 7. The measures employees can use to protect themselves from chemical exposure. (Examples include face shields, respirators, gloves, etc.) 8. Proper use and selection of personal protective equipment. 9. Emergency procedures in the event of accidental exposure to hazardous materials, including emergency phone numbers and the location of eye washes and safety showers. OSHA SECTION YES NO (h) (h) (h)(2)(iii) (h)(3)(ii) (h)(3)(ii) (h)(3)(iii) (h)(3)(iii) (h)(3)(iii) 10. How to determine hazards by reading a label (h)(3)(iv) 11. Details of the Hazard Communication Plan: a) Explanation of labeling system (h)(3)(iv) b) Explanation of MSDSs (how to obtain correct MSDSs, how to obtain MSDSs, how to update MSDSs, the meaning of each section). c. How to obtain appropriate hazard information (h)(3)(iv) (h)(3)(iv) 118