1 Hazard Communication Policy Responsible Department: Office of Risk Management Responsible Administrator: Safety Manager Effective Date: January 1, 1994 Revised: March 1, 2011 Date of Scheduled Review: March 1, 2014 I. PURPOSE Abilene Christian University has a commitment to provide each of its Employees a safe and healthy work environment. The purpose of this policy is to ensure that all Hazardous Chemicals used or produced on campus are evaluated and that the information concerning the hazard(s) is transmitted to employers and Employees in compliance with the Occupational Safety and Health Administration s (OSHA) 29 CFR Hazard Communication Standard and the State of Texas Hazard Communication Act Sec II. SCOPE This Hazard Communication Policy has been developed by the University to ensure that all Employees receive consistent and accurate information about the hazardous substances they work with or near on the campus. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include Container Labeling and other forms of warning, Material Safety Data Sheets and Employee training (a)(1), Written Hazard Communication Program (e) III. DEFINITIONS A. Chemical is defined as any element, Chemical compound or Mixture of element and/or compounds. B. Chemical Name is 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 Chemistry Abstracts Service (CAS) rules of nomenclature, or a name which will clearly identify the Chemical for the purpose of conducting a hazard evaluation. C. Combustible Liquid is any liquid having a Flashpoint at or above F ( C) but below F ( C), except any Mixture having components with Flashpoints of F (93.3
2 0 C), or higher, the total volume of which make up 99 percent or more of the total volume of the Mixture. D. Compressed Gas is a gas or Mixture having, in a Container, an absolute pressure exceeding 40 psi at 70 0 F ( C); or a gas or Mixture of gases having, in a Container, an absolute pressure exceeding 104 psi at F ( C) regardless of the pressure at 70 0 F ( C); or a liquid having a vapor pressure exceeding 40 psi at F ( C) as determined by ASTM D E. Container is defined as any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a Hazardous Chemical. For purposes of this section, pipes or piping systems and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be Containers. F. Employee is defined as any individual currently classified as an Employee by Human Resources and/or currently on the University payroll who may be Exposed to Hazardous Chemicals under normal operating conditions or in Foreseeable Emergencies. G. Explosive is a Chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. H. Exposure or Exposed is a condition under which 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.) I. Flammable is a Chemical that is capable of burning or easily igniting and falls into one of the following categories: 1. Aerosol, Flammable is an aerosol that, when tested by the method described in 16 CFR yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening. 2. Gas, Flammable is a gas that: at ambient temperature and pressure, forms a Flammable Mixture with air at a concentration of thirteen (13) percent by volume or less; or a gas that, at ambient temperature and pressure, forms a range of Flammable Mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit. 3. Liquid, Flammable is any liquid having a flashpoint below F ( C), except any Mixture having components with flashpoints of F ( C) or higher, the total of which make up 99 percent or more of the total volume of the Mixture. 4. Solid, Flammable is a solid, other than a blasting agent or Explosive as defined in 29 CFR (a), that is liable to cause fire through friction, absorption of moisture, spontaneous Chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to
3 create a serious hazard. A Chemical shall be considered to be a Flammable Solid if, when tested by the method described in 16 CFR , it ignites and burns with a selfsustained flame at a rate greater than one-tenth of an inch per second along its major axis. J. Flashpoint is the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite. K. Foreseeable Emergency is defined as 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. L. Hazardous Chemical is any Chemical which is a Physical or a Health Hazard. M. Hazard Warning is defined as 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). N. Health Hazard is 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 that act on the hematopoietic system, and agents that damage the lungs, skin, eyes, or mucous membranes. O. Label is any written, printed, or graphic material displayed on or affixed to Containers or Hazardous Chemicals. P. Material Safety Data Sheets (MSDS) is a written or printed material concerning a Hazardous Chemical which is prepared in accordance with OSHA requirements. Q. Mixture is defined as any combination of two or more Chemicals if the combination is not, in whole or in part, the result of a Chemical reaction. R. Organic Peroxide is an organic compound that contains the bivalent structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. S. Oxidizer is a Chemical other than a blasting agent or Explosive as defined in 29 CFR (a), that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases. T. Physical Hazard is 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.
4 U. Pyrophoric - is a Chemical that will ignite spontaneously in air at a temperature of F ( C) or below. V. Unstable (Reactive) is a Chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature. W. Water-Reactive is a Chemical that reacts with water to release a gas that is either Flammable or presents a Health Hazard. X. Work Area is a room or defined space in a Workplace where Hazardous Chemicals are produced or used, and where Employees are present. Y. Workplace is defined as an establishment, job site, or project, at a geographical location containing one or more Work Areas. IV. PROCEDURE A. Applicability This operating policy applies to Employees who may be Exposed to, under normal conditions of use or in a Foreseeable Emergency, a Hazardous Chemical which may be present in the Workplace. Employees who work in or visit Workplaces containing laboratories must also comply with the Chemical Hygiene Safety Program. B. Hazard Determination 1. A Hazardous Chemical is defined by OSHA as any Chemical that is a Health Hazard or a Physical Hazard (c) Definitions: Hazardous Chemical a. Health Hazard is 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, and neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes (c) Definitions b. Physical Hazard is 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 (c) Definitions c. Additional Hazardous Chemicals is a term OSHA uses to broadly define not only generic Chemicals but also paints, cleaning compounds, inks, dyes, and many other common substances. Chemical manufacturers and importers are required to determine
5 if the Chemicals they produce or repackage meet the definition of a Hazardous Chemical. A Chemical Mixture may be considered as a whole or by its ingredients to determine its hazards. It may be considered as a whole if it has been tested as a whole and an MSDS has been issued accordingly. Otherwise the Mixture must be evaluated by its components. If the Mixture contains 1.0 percent or more of a Hazardous Chemical or 0.1 percent of an ingredient listed as a carcinogen or suspected carcinogen, the whole Mixture is assumed to have the same Health and/or carcinogenic Hazards as its components (d)(5)(ii) C. Chemical Inventory List 1. Each Workplace supervisor will develop and maintain a Chemical Inventory List (CIL) alphabetically for every Hazardous Chemical known to be present in the Work Area(s). The identity of the Chemical appearing on the CIL must be the same name that appears on the manufacturer s Label and the MSDS for that substance. The CIL will be updated by the Workplace supervisor when a new MSDS is received and before the introduction of a new Hazardous Chemical to accurately reflect all the Hazardous Chemicals present in each Workplace. The CIL will be electronically accessible by each Workplace using the ChemSW Chemical inventory system software. CIL is defined as a list of the Hazardous Chemicals known to be present using an identity that is referenced on the appropriate Material Safety Data Sheet (the list may be compiled for the Workplace as a whole or for individual Work Areas) (e)(1)(i) 2. Master Chemical Inventory List (MCIL) will be electronically accessible by the Office of Risk Management using the ChemSW Chemical Inventory system software. The Office of Risk Management will oversee a hard copy of the list and annual archiving of the MCIL. An employer shall maintain a Workplace Chemical list for at least 30 years. Texas Hazard Communication Act Sec D. Labeling Procedures 1. No Hazardous Chemical will be accepted for use at the Workplace, or shipped to any other Workplace or Work Area(s), unless Labeled with the following information: a. Identity of the Hazardous Chemical(s). b. Appropriate Hazard Warnings. c. Name and address of the Chemical manufacturer. d. Importer or other responsible party. 2. No Hazardous Chemical may be used in the Work Area unless Labeled with at least the following information:
6 a. Appropriate Hazard Warnings, or alternatively, words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the Chemicals, and which, in conjunction with the other information immediately available to Employees under the hazard communication program, will provide Employees with the specific information regarding the Physical and Health Hazards of the Hazardous Chemical (f)(5)(i) b. All Labels shall be legible, in English, and prominently displayed on the Container. The identity of the material that appears on the Label shall be the same as the Chemical name that appears on the manufacturer s Material Safety Data Sheet (MSDS) and the Department s CIL (f)(9) c. If the Hazardous Chemical is regulated by OSHA in a substance specific health standard, the Label used shall be in accordance with the requirements of that specific standard (f)(4) d. In certain situations involving individual stationary process Containers, the Label may be replaced by a sign, placard, process sheet, batch ticket, or other means to convey the identity of the Hazardous Chemical and the appropriate Hazard Warnings. If these other forms of warning are used, they must be readily accessible to Employees in their Workplace or Work Area during each work shift (f)(6) e. Labels are not required on portable Containers into which Hazardous Chemicals are transferred from Labeled Containers, if and only if, the contents of the portable Container are intended for immediate use by the Employee who performed the transfer. Labeling of the portable Container will prevent any possible misuse of the material by others and is highly recommended. 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 (c) f. Any portable Container of a Hazardous Chemical that is not intended for immediate use shall be properly Labeled by the Workplace. The in-house Label can be either handmade or pre-printed and shall contain the information identified in Section 7.1. Employees with questions concerning the appropriate in-house label to use should refer to the manufacturer s MSDS or ask their supervisor (f)(7) g. No Label on a Container is to be defaced or removed unless the Container is immediately marked with the required information. No Employee shall remove any Label unless specifically directed to do so by their supervisor. Any Container without a Label shall be immediately reported to the Work Area supervisor (f)(8) E. Material Safety Data Sheets 1. Chemical manufacturers, suppliers, and importers of Hazardous Chemicals are required to develop and provide a Material Safety Data Sheet (MSDS) for their products (g)(1)
7 2. A MSDS provides detailed information concerning the Chemical s composition, Health and Physical Hazards, proper disposal practices, and appropriate handling and control measures. 3. Each Workplace will maintain an electronically accessible file that contains copies of all manufacturers MSDS alphabetically for each Chemical listed on their CIL. 4. MSDS files will be electronically accessible by each Workplace using the ChemSW CIS chemical Inventory system software. This file will contain the most current version of the manufacturers MSDS. The employer shall maintain in the Workplace copies of the required Material Safety Data Sheets for each Hazardous Chemical, and shall ensure that they are readily accessible during each work shift to Employees when they are in their Work Area(s). Electronic access, microfiche, and other alternatives to maintaining paper copies of the Material Safety Data Sheets are permitted as long as no barriers to immediate Employee access in each Workplace are created by such options (g)(8) 5. Each Workplace will maintain a hard copy of MSDS in a binder(s) Labeled MSDS to be located in a common Workplace area for emergency responders use or in the event of software or hardware malfunction or other unforeseeable emergency to ensure that they are readily accessible with no barriers, with immediate employee access (g)(8) 6. Each Workplace will maintain a hard-copy CIL to be used as an index for the MSDS hard copy. The index will be placed in the front of each Workplace MSDS binder with the following information: a. Hazardous Chemical common name, filed alphabetically. b. Hazardous Chemical manufacturer s name. c. Hazardous Chemical MSDS location within the binder(s). d. Hazardous Chemical location(s) within the Workplace. e. Date of current MSDS. f. Maximum quantity of Hazardous Chemical within the Workplace. F. Employee Training 1. The supervisor will ensure each new Employee receives an introduction to the Hazard Communication Policy and completes the computer-based training during the Workplace new employee orientation. 2. Initial Training will be provided by the supervisor to each Employee on the Hazardous Chemical(s) in the Work Area(s) at the time of the initial assignment and will include the following as a minimum:
8 a. Overview of the OSHA Hazard Communication Standard. b. How to recognize / detect the presence of Hazardous Chemicals in the Work Area. c. How to access and read an MSDS. d. Labeling requirements and procedures. e. Identification of Hazard Warning. f. Protective controls and measures. g. Workplace or Work Area specific procedures regarding Hazardous Chemicals. 3. Additional training will be provided by the supervisor to Employees upon the introduction of any new Physical or Health Hazard into their Work Area(s). 4. Recommend supervisors document Hazard Communication training. Documentation should be maintained in the Workplace. 5. Prior to performing any non-routine task that could involve Exposure to Hazardous Chemicals; the supervisor will review all the potential hazards of the task with the Employee(s). The supervisor will prescribe appropriate work practices and protective controls. The Office of Risk Management can provide consulting services to the Workplace on non-routine tasks. G. Contractors All contractors performing any work on University property must provide a list of all Hazardous Chemicals they will be using. The CIL will be provided to the contractor s designated University liaison or project coordinator. The contractor will provide, upon request by the University, a copy of any and all MSDS for the Chemicals they are using. The University will provide, upon request, a copy of the University s Hazard Communication Policy and inform the contractor, prior to the start of work, of the location of all known Hazardous Chemicals and potential hazards that may be present in the Work Area. H. Exemptions 1. In accordance with the OSHA Hazard Communication Standard (29 CFR ), the Hazard Communication Policy does not apply to: a. Any hazardous waste subject to regulations issued under the Environmental Protection Agency s (EPA) Solid Waste Disposal Act, Resource Conservation and Recovery Act (RCRA) of 1976.
9 b. Any hazardous substance which is the focus of remedial or removal action being conducted under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). c. Wood or wood products, including lumber which will not be processed, where the Chemical manufacturer or importer can establish that the only hazard they pose to Employees is the potential for Flammability or combustibility. Wood or wood products which have been treated with a Hazardous Chemical covered by the OSHA Hazard Communication Standard, and wood which may be subsequently sawed or cut, generating dust, are not exempt. d. Articles defined as any manufactured item other than a fluid or particle which is formed to a specific shape or design during manufacture; has end use function(s) dependent in whole or part upon its shape or design during end use; under normal conditions of use does not release more than small (trace) quantities of a Hazardous Chemical; and does not pose a Physical Hazard or Health Hazard risk to Employees. e. Foods which are sold, used, or prepared in a retail establishment and foods intended for personal consumption by Employees while in the Workplace. f. Any drug, as defined in the Federal Food, Drug and Cosmetic Act, when it is in solid, final form for direct administration to the patient; any drugs which are packaged by the Chemical manufacturer for sale to consumers in a retail establishment; and any drugs intended for personal consumption by Employees while in the Workplace. g. Cosmetics which are packaged for sale to consumers in retail establishments, and cosmetics intended for personal consumption by Employees while in the Workplace. h. Any consumer product or hazardous substance as defined in the Consumer Product Safety Act or the Federal Hazardous Substance Act, where the employer can show that it is used in the Workplace for the purpose intended by the Chemical manufacturer or importer of the product; additionally, if the use of the product results in a duration and frequency of Exposure which is not greater than the range of Exposure that could reasonably be experienced by consumers when used for the intended purpose. i. Nuisance particulates where the Chemical manufacturer or importer can establish that they do not pose any Physical or Health Hazard covered under the OSHA Hazard Communication Standard. j. Ionizing and Non-ionizing Radiation. k. Biological Hazards. 2. In accordance with the OSHA Hazard Communication Standard (29 CFR ), the following items are exempt from labeling requirements:
10 a. Any pesticides that are subject to labeling requirements and regulations as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, issued by the EPA. b. Any Chemical substance or Mixture that is subject to labeling requirements and regulations as defined in the Toxic Substances Control Act (ToSCA), issued by the EPA. c. Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products, that is subject to labeling requirements and regulations as defined in the Federal Food, Drug, and Cosmetic Act or the Virus-Serum-Toxin Act of 1913, as issued by the Food and Drug Administration (FDA) or the Department of Agriculture, respectively. d. Any consumer product or hazardous substance is subject to the labeling requirements and regulations as defined in the Consumer Product Safety Act and the Federal Hazardous Substances Act, respectively, as issued by the Consumer Product Safety Commission. e. Agriculture or vegetable seed treated with pesticides as subject to labeling requirements and regulations as defined in the Federal Seed Act (7 U.S.C et seq.) and the labeling regulations issued under that Act by the Department of Agriculture. V. COMPLIANCE 1. The supervisor is responsible for implementing the program elements of this policy into their operations and ensuring compliance by their Employees. 2. All Employees are required to comply with the following guidance concerning OSHA inspections per Public Law Occupational Safety and Health Act of SEC. 8. Inspections, Investigations, and Recordkeeping: Upon presenting appropriate credentials to the owner, operator, or agent in charge, representative is authorized to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, Workplace or environment where work is performed by an Employee of an employer. SEC. 9. Citations: Upon inspection or investigation, representative believes that an employer has violated a requirement of any regulations prescribed pursuant to this Act; he shall with reasonable promptness issue a citation to the employer. SEC. 17. Penalties: Any employer who willfully or repeatedly violates the requirements of section may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation. 3. Violations of this policy and/or procedures may result in disciplinary action or other action the University deems appropriate under the circumstances.
11 VI. MISCELLANEOUS For the complete 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration 1 For the complete Public Law STAT st Congress, S.2193 December 29, 1970, as amended through January 1, (1) For the complete State of Texas Health And Safety Code, Title 6. Food, Drugs, Alcohol, And Hazardous Substances, Subtitle D. Hazardous Substances, Chapter 502. Hazard Communication Act