GHS IMPLEMENTATION FRAMEWORK FOR EMPLOYERS
February 2014 N. Weiss Associates Inc. Environmental Consultants
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GHS Is Here – Now What? •
Need to start thinking about transition and schedules.
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Level of effort to achieve compliance
Manufacturer or Importer
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Distributor
Employer
The impact and implications of GHS need to be considered for each of your business operations.
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GHS Implementation Time Line
December 1, 2013
Train employees on the new label elements and safety data sheet (SDS) format - Employers
June 1, 2015* December 1, 2015
Compliance with all modified provisions of the final rule, except: Distributor shall not ship containers from chemical manufacturer or importer unless it has a GHS label - Chemical manufacturers, importers, distributors and employers
June 1, 2016
Update workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. - Employers
Transition Period
May comply with either 29 CFR 1910.1200 (the final standard), or the current standard, or both - Chemical manufacturers, importers, distributors, and employers
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Factors to Consider in GHS Transition •
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Available time and budget, employee training cycles, staff and resources Availability of new Safety Data Sheets (SDS) from suppliers or time to develop new SDS dependent upon your status.
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Availability of new labels for primary or secondary containers
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Compliance deadlines
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More Factors to Consider •
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Status of your information management system for supply chain and customers Changes in SDS may have other impacts and require changes to your existing EHS and facility programs. Changes may also be triggered for controlled documents and written procedures that you may have in your company.
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Example A material change in an SDS may provide new information or identifies a previously unknown or unreported hazard. •
•
This may require a modified job hazard assessments and result in further engineering controls, safe work practices, or personnel protective equipment (PPE). That also may require a revised JSA certification, additional employee training, new engineering controls, different types of PPE and additional safety equipment.
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Example (Continued) •
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Your facility uses SDSs for calculations used for tracking VOC emissions under an air permit condition. Your facility also uses information on constituent ranges for ingredients found in the SDS for Toxic Release Inventory (TRI or Form R), Tier I/II, GHG, Reports. You may need to make adjustments in record keeping and calculations based upon the new information in the SDSs.
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Example (Continued) •
• •
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The SDS you received has new information on use and restrictions or limitations for the chemical. Information is also provided on acceptable and unsuitable fire extinguishing agents. Remember your written Hazard Communication Program requires you to address hazards in the workplace and also hazards that can be anticipated in the event of a foreseeable emergency. Someone may have to review the SDS and render a determination on site and program impacts.
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Within Your Organization You will need •
A new written Hazard Communication Hazard Program
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New Safety Data Sheets
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Potentially new labeling on secondary containers
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Employee training
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On new labeling and SDS format by December 1, 2013
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On your new program by June 1, 2016.
Labeling requirements for certain Subpart Z chemicals are required by June 1, 2015, and signs by June 1, 2016.
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Training and Labeling Language No change from prior HCS. • Labels must be in English (in addition...other languages may also be used or added as appropriate). • Employer must still provide employee with “effective information and training on hazardous chemicals in their work area.” • OSHA’s policy statement on training standards (2007) is that training must be in a language that the employee can understand. • General duty clause (provide safe place to work). •
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Within Your Organization You may need to make conforming changes in your written procedures, programs and documentation for: • • • • •
• • • •
Hazard communication Purchasing procedures Chemical approval Hot work Special hazard chemicals that require written programs JSA’s Respiratory Protection Program Process Safety Management Other
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Within Your Organization If you manufacture, import, or distribute chemicals you also need to plan for: • • • • •
• •
Development of new SDSs as required New container labeling Current container labeling on product inventory Potential retooling Evaluate potential TSCA implications 8C and 8E reporting, etc. Further review of PPE requirements Plus everything else required of other employers
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Training December 1, 2013 Train employees on new label requirement and Safety Data Sheet Format. •
Training requirement for this date are limited to new labeling and new SDS format.
You will need to train employees again on your new written program by June 1, 2016. Keep records of employee training.
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Compliance Dates for Other Programs A number of conforming changes were made in other OSHA statutes. • • • • •
Process safety management Asbestos standard Cadmium standard Flammable and combustible liquids standard Other
Some of those changes went into effect immediately and others are consistent with the Hazard Communication transition schedule.
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Transition Dates for Signs and Labels Chemicals that have a specific standard (e.g. Subpart Z Chemicals) that require certain warning labels on containers have a delayed effective date until June 1, 2015 and another delayed effective date of June 1, 2016 for new signs. Can continue to use old HCS language until then. This transition is consistent with the new HCS transition dates.
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Other Changes More Immediate Conforming changes in definitions and terminology made: •
Flammable and Combustible Liquids
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Spray Finishing, Welding, Dipping and Coating Operations
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Process Safety Management HAZWOPER
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Special hazardous chemicals – many Subpart Z chemicals...
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Potential Implications for Additional or Modified Regulatory Reporting •
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Amendments to Hazardous Materials Inventory Statements (HMIS)? The hazard classification system under the OSHA HCS is not the same as the hazard classification system under the International Fire Code
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NFPA information may or may not be contained in Section 16 (Other Information) of the SDS.
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More time and effort may be required for completing and updating HMISs.
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Potential Implications for Additional or Modified Regulatory Reporting EPA adopted revisions for Tier II Reporting effective March 26, 2012 (77 FR 17574). •
Rule harmonizes with OSHA’s GHS HCS
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Revised Tier II Form with new and revised data elements
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Descriptions of storage types and conditions
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Labeling
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Other
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Hazards Not Otherwise Classified •
"Hazards Not Otherwise Classified (HNOC)" ... means an adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in this section.” [1910.1200(c)]
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Hazards Not Otherwise Classified “This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).”
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Hazards Not Otherwise Classified •
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Chemical manufacturers and importers are expected to assess HNOC hazards when they are conducting their hazard evaluation of physical and health hazards. HNOC hazards are required to be disclosed in section 2 of the Safety Data Sheet (SDS). A bit open ended and unclear how it will be enforced. No new studies are required, according to OSHA.
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Hazards Not Otherwise Classified •
• •
This classification in the draft regulation included simple asphxiants, pyrophoric gases, and combustible dust; however, those were removed in the final regulation and are now addressed separately in the regulation. The term combustible dust is not defined in the regulation so there is still some confusion. Employer training is to include the physical, health, simple asphyxiation, combustible dust and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area.
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GHS Transition Plan •
• • •
Develop a GHS transition plan that takes into account all changes that will be required at your facility. Address the who, when, where, what and how for the implementation of GHS. Know your compliance deadlines Written procedures hazard communication, training, chemical purchasing, JSAs, chemical approvals, etc. may require modifications.
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GHS Transition Plans New Safety Data Sheets •
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Determine responsibilities and mechanism for notifications. Request new SDSs from suppliers. Monitor status and follow up as required. Specify SDS format for new chemical purchases. Take the opportunity to weed out chemicals that you no longer use. Determine needs for archiving any old MSDSs.
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GHS Transition Plan New Safety Data Sheets • •
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Maintain lists of chemicals for your worksite. Determine methods for maintaining SDS copies: •
Hardcopies
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Electronic copies
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Combination
Determine needs for addressing other electronic databases •
Chemical purchasing
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Chemical approvals
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Contractor chemicals
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GHS Transition Plan New Safety Data Sheets •
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Once new SDSs received determine who reviews and what actions need to be taken: Review The New SDSs for •
New physical hazards
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New health hazards
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New hazards not otherwise classified
Evaluate need for: •
Revised JSAs and certifications
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New engineering controls
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Revised work practices
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Changes in PPE
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What About the Old MSDSs Old MSDSs • •
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Should you keep or can the old MSDSs? Factors to Consider •
Legal Requirements
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Business Risk Management
If the MSDS is not part of an employee exposure record, then you need to make a business risk management decision as to your old MSDSs. You are not required to keep old or discontinued MSDSs unless it is part of an employee exposure record and in that case you have options.
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Business Risk Management General Duty Clause – (paraphrased) •
•
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Each employer shall furnish ...a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. Business Risk Management- did you take all reasonable precautions to protect your employee based upon the known information in the MSDS Ask your legal counsel about your liabilities
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Legal Requirement •
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Legal Requirement- If the MSDS is part of the employee exposure record must keep for 30 years. Medical records must be kept for the duration of employment plus 30 years (1910.1020(d)… 1910.1020(c) (5) “Employee exposure record" means a record containing any of the following kinds of information:
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Employee Exposure Record •
•
1910.1020 (c)(5)(i) Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained; 1910.1020(c)(5)(ii) Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;
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Employee Exposure Record •
•
1910.1020(c)(5)(iii) Material safety data sheets indicating that the material may pose a hazard to human health; or 1910.1020(c)(5)(iv) In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.
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GHS Transition Plan Revise Your Written Hazard Communication Program - 1910.1200(e)(1) •
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Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f),(g)and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met... Compliance date of June 1, 2015...however exception until June 1, 2016 provided for (f)(6) updating alternate labels and (h)(1) and (h)(3) employee information and training.
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GHS Transition Plan Training Plan •
Work backwards from the deadlines •
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By December 1, 2013 employers must train employees on new label elements and SDS format By June 1, 2016 provide any additional employee training for newly identified physical or health hazards You likely will need to train more than once
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GHS Transition Plan Training Plan
Consider a variety of tools to reinforce information in addition to computer based or class room training:
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GHS label badge cards
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GHS wall charts
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Bulletin boards
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Web links
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Other
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GHS Transition Plan Labeling Plans •
Identify how you plan to label workplace containers which may include transfer or secondary containers. They may typically be smaller in size. Your have two choices as identified in 1910.1200(f)(6) • •
(f)(6)(i) replicate what is on the primary container (f)(6)(ii) some other system that includes product identifier and words, pictures, symbols, or a combination thereof which provide at least general information regarding the hazards of the chemicals...
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Stationary Process Containers The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(6) of this section to be on a label. The employer shall ensure the written materials are readily accessible to the employees in their work area throughout each work shift.
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GHS Transition Plan Labeling Plan •
Determine if you plan to incorporate NFPA or HMIS labeling into your workplace container labeling plans. There are pros and cons for using, however, there is also a possibility of causing confusion.
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GHS Transition Plan Labeling Plan •
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Hazard Communication Standard only addresses containers: 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. Employers are not required to labels pipes or piping systems; however, will GHS change any chemical process piping labels?
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GHS Transition Plan If you have multiple sites or work locations: • •
Don’t reinvent the wheel Consider a consistent program recognizing their may be specific differences. •
Written programs
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Labeling
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Training materials
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Databases
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GHS Transition Plans Utilize your management of change programs to evaluate how GHS may impact or conflict with other legal requirements at your facility: • •
Fire Codes Industry Standards Used at your facility •
ASTM
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NFPA
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ANSI
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Other
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N. Weiss Associates Inc. Environmental Consultants
Thank You Robert Sandoval Sr. EHS Consultant
N. Weiss Associates Environmental Consulting PO Box 71790 Phoenix AZ 85050
[email protected] (480) 440-0867 www.nweissassoc.com N. Weiss Associates Inc. Environmental Consultants
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