On Sept. 30th, OSHA released a Notice of Proposed Rule Making (NPRM) proposing modification to the current Hazard Communications Standard (HCS) to align the provisions with the Global Harmonized System (GHS). The current HCS was finalized in 1983 and requires chemical manufacturers and importers to review available scientific evidence concerning the physical and health hazards of the chemicals and chemical products they produce or import.

Chemical exposure can cause or contribute to many serious health affects such as cancer, sterility, heart disease, lung damage, burns and skin disease. Some chemicals are also physical hazards and have the potential to cause fires, explosions and other dangerous conditions. Therefore, the information is needed to understand the precautions necessary to ensure safe handling and use, recognize signs and symptoms of adverse health effects when they occur and to identify appropriate measures to be taken in an emergency.

The hazard information must be provided to employers who in turn must make the information available to employees to ensure that they are apprised of the hazards and how to prevent or reduce exposure. Manufacturers and importers are required to provide Material Safety Data Sheets (MSDS) and label all containers. However, the format is not standardized. The HCS also requires all employers to have a hazard communication program that includes training, availability of MSDS and container labeling.

What Is GHS?

The GHS provides a standardized system of classifying chemicals by types of hazard, promotes harmonizing hazard communication internationally and includes standardized labels and safety data sheets. Its purpose is to ensure that information on chemical toxicity and physical hazards are available and internationally consistent to protect humans and the environment during handling, transport, use and disposal.

Changes to HCS

The proposed modifications to the HCS will include: criteria for classification of chemical hazards; labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements and precautionary statements; a specified 16-section format for safety data sheets; related revisions to definitions of terms used in the standards; and requirements for employee training on labels and safety data sheets.

For example, the addition of pictograms to labels will make labels more noticeable and easier for employees to understand. There is considerable evidence that, when used in conjunction with other label elements (e.g. signal words), pictograms are a useful and effective communications tool. In particular, symbols are expected to improve comprehension among people with low literacy and those who cannot read or speak English.

OSHA believes that modifying the HCS to include the GHS will result in better, more consistent information being provided to employers and employees. Classification under the GHS would not only indicate the type of hazard, but would generally give an indication of the severity of the hazard and other important information. By requiring that all chemical information be standardized, regardless of the supplier, OSHA believes that employers will find it easier to understand and to disseminate the information to employees.

Affects on Construction

The proposed changes to the HCS will affect all industries that produce, import or use chemicals. Most certainly, the changes will affect the chemical producers and importers the most because they may have to revise their evaluation methods and will have to change labeling systems and safety data sheets to meet the new requirements.

It appears that chemical users such as construction employers will be the least affected by the changes, but will still have to make minor changes to their hazard communication programs to comply with the standard.

For example, employers will have to update their SDS files and/or electronic retrieval system for ensuring that the information will be readily available in the field and some labels on chemical containers may have to be changed.
Generally, this responsibility will have to be completed by the safety department.

Along with ensuring that standardized labels on containers are used and safety data sheets utilizing the new format are obtained, employers will have to provide some employee training to familiarize employees with the new labels and SDSs. For most companies that already have a hazard communication program in place, training should not have to take more than 30 to 60 minutes. The training would include explaining the new SDS format, defining signal words and explaining the pictograms that employees may encounter in the course of their work. This would also be a good time to provide a brief refresher on the hazard communications standard and to remind employees of the importance of working safely with hazardous chemicals. Employers will have two years following the publication of the final rule to complete training.

Comment period and public hearings

Anyone who would like to review the NPRM can download it from OSHA’s Web site (www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21110). OSHA is allowing 90 days (until December 30th) for the comment period. Interested parties can submit their comments by mail, fax or electronically. OSHA welcomes questions on all relevant issues of this proposed rulemaking and is also seeking information relevant to questions that they have included in the NPRM.

OSHA will also be conducting informal public hearings. The date and locations for all hearing will be published in the Federal Register separately.

Summary

There are three information components to the GHS which OSHA is proposing to revise in the HCS — labels, safety data sheets and employee training. All are essential to the proper functioning of a compliant communication program. Labels provide a brief and conspicuous summary of the hazard information at the site where the chemical is used. Safety data sheets provide detailed technical information and serve as a reference source for employees, safety and health professionals, emergency responders and health care professionals. Training is designed to ensure that employees understand the hazards and are aware of how to safely use the chemicals and protect themselves from exposure. Once modified, OSHA believes that the revised HCS will enhance worker comprehension, resulting in appropriate handling and use of chemicals.

George Kennedy is NUCA Vice President of Safety.