Global Harmonization System: Impact On OSHA s Hazard Communication Standard

Transcription

1 Global Harmonization System: Impact On OSHA s Hazard Communication Standard Adele L. Abrams, Esq., CMSP Law Office of Adele L. Abrams P.C

2 Overview OSHA has issued final rule to revise 29 CFR (Hazard Communication Standard) Final Rule was published in 3/26/12 Fed. Reg. Goal is to integrate components of the UN project s 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 combustible dust - legal challenges continue Some disputed economic impact estimates (costs of training, revised labels and MSDSs etc.)

3 Overview 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 requires that workers are trained by 12/1/13 to facilitate recognition and understanding of the new labels and safety data sheets.

4 Global Harmonization Project Goal of establishing globally harmonized system for hazard communication established in 1992 at Rio Earth Summit. Mandate: A A globally harmonized hazard classification and compatible labeling system, including national safety data sheets and easily understandable symbols, should be available, if feasible, by the year 2000.

5 Global 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.

6 GHS 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.

7 OSHA 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

8 OSHA 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 )

9 OSHA 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.

10 OSHA 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.

11 What s 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 H&S 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

12 Safety Data Sheet Impact The performance orientation of HazCom s s 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 because deal with transport, 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.

13 Appendix 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

14 Hazard 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.

15 Physical Hazards Hazard Class Hazard Category Explosives Unstable Div 1.1 Div 1.2 Div 1.3 Div 1.4 Div 1.5 Div 1.6 Explosives Flammable Gases 1 2 Flammable Aerosols 1 2 Oxidizing Gases 1 Gases under Pressure 1 Compressed Gases Liquefied Gases Refrigerated Liquefied Gases Dissolved Gases Flammable Liquids Flammable Solids 1 2 Self-Reactive Chemicals Type A Type B Type C Type D Type E Type F Type G Pyrophoric Liquids 1 Pyrophoric Solid 1 Pyrophoric Gases Single category Self-heating Chemicals 1 2 Chemicals, which in contact with water, emit flammable gases Oxidizing Liquids Oxidizing Solids Organic Peroxides Type A Type B Type C Type D Type E Type F Type G Corrosive to Metals 1 Combustible Dusts Single Category

16 Health Hazards Hazard Class Hazard Category Acute Toxicity Skin Corrosion/Irritation 1A 1B 1C 2 Serious Eye Damage/ Eye Irritation 1 2A 2B Respiratory or Skin Sensitization 1 Germ Cell Mutagenicity 1A 1B 2 Carcinogenicity 1A 1B 2 Reproductive Toxicity 1A 1B 2 Lactation STOT Single Exposure STOT Repeated Exposure Aspiration Simple Asphyxiants Single Category 16

17 Current 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.

18 Acute Toxicity

19 Labeling 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

20 Comparison 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

21 Other Issues Will affect other standards (specific health standards) that have incorporated references to Health hazard classification also includes specific listing for crystalline silica For combustible dust, may need to cross-reference 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 ( and ) Expect OSHA to issue guidance within 6 mo. many letters of interpretation are sure to follow!

22 HCS Pictograms and Hazards Health Hazard Flame Exclamation Mark Carcinogen Mutagenicity Reproductive Toxicity Respiratory Sensitizer Target Organ Toxicity Aspiration Toxicity Flammables Pyrophorics Self-Heating Emits Flammable Gas Self-Reactives Organic Peroxides Irritant (skin and eye) Skin Sensitizer Acute Toxicity (harmful) Narcotic Effects Respiratory Tract Irritant Hazardous to Ozone Layer (Non Mandatory) Gas Cylinder Corrosion Exploding Bomb Gases under Pressure Flame over Circle Skin Corrosion/ burns Eye Damage Corrosive to Metals Environment (Non Mandatory) Explosives Self-Reactives Organic Peroxides Skull and Crossbones Oxidizers Aquatic Toxicity Acute Toxicity (fatal or toxic)

23 GHS Sample Label Suspected Carcinogen (inhalation) My Product Warning! Cause Skin And Eye Irritation Suspected of causing cancer by inhalation Contains: XYZ Do not breathe vapors or mist. Use only with adequate ventilation. n. Avoid contact with eyes, skin and clothing. Wash thoroughly after handling FIRST AID EYES: Immediately flush eyes with plenty of water for at least 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

24 HazCom/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.

25 HazCom/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.

26 Conclusion 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.

27 Conclusion 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 here... The time to transition your program is NOW!

28 QUESTIONS? Contact Adele L. Abrams, Esq., CMSP at or write to: