The Final Leg of the HCS Transition is Just Around the Corner

The last deadline for the Hazard Communication Standard (HCS 2012) transition goes into effect on June 1, 2016. By this date, all employees will be required to have their workplace labeling and hazard communication program updated, and provide additional employee training for any newly identified physical or health hazards as given by their hazardous chemical manufacturers or distributors. Several core elements have changed during the HCS 2012 revision and transition period, including new chemical classifications by manufacturers and distributors, a new Safety Data Sheet (SDS) format, and new label elements for shipped containers. This was the result of the HCS aligning with the Globally Harmonized System of Classification and Labeling of Chemicals, commonly referred to as GHS. As one of the most important tools for effective communication, container labeling provides the immediate hazard information to employees using and handling hazardous chemicals. The labels provided on shipped containers of hazardous chemicals are those provided by the manufacturer or distributor. When these shipped container labels are missing or illegible, or when a hazardous chemical is transferred to a secondary container without a label, the regulations require that a replacement label be provided to maintain the communication of hazard information. The replacement labels are known as “Workplace Labels” and are alternative container labels produced by the employer, and are only used within the employer’s facility. The revised standard didn’t change the requirements for workplace labels, but with the adoption of the GHS, there is more hazard information that needs to be included in order to meet compliance. Under the workplace label standard — 1910.1200(f)(6) —  the employer has three options. One is to request a replacement shipped label from the manufacturer. Another option is where the employer can reproduce the manufactures shipped label in its entirety, and a third option allows the employer to develop an alternative label. Alternative labels are the most commonly used by printers; however, not everyone understands the compliance requirements, and they often face violations as a result. A compliant alternative label must have a product identifier: words, pictures, symbols or a combination, which provide at least general hazard information about the chemical. They also must have “other hazard information” immediately available to employees at the workstation (beyond an SDS) that provides employees with chemical specific hazard information. The requirement for “other hazard information” involves chemical-specific reference materials, posters and/or factsheets as well as the SDS, which must all be available at the workstation where the chemical is actually used. Essentially, it provides the same information as a shipped container label in an alternative manner. When designing a workplace label, it’s helpful to remember that the more information you can place on the label and the more training you can provide an employee, the less that is required as additional reference information. A common label format used by printers is the Hazardous Materials Identification System (HMIS) which uses a color and numeric rating system developed by the American Coatings Association (ACA). These ratings are generated by the chemical manufacturer and, if provided, would be listed on the SDS or shipped container label. While OSHA does allow the use of HMIS labels, they are only permitted if the HMIS ratings will not conflict with the GHS ratings for that chemical. Also, HMIS labels alone may not meet the standard and can also require the “other hazard information” mentioned above. In order to use the HMIS label format and ratings properly, it’s recommended the employer verify the ratings on the SDS or shipped container label. Keep in mind that some manufacturers offer HMIS ratings — and some do not. If a manufacturer does not provide an HMIS rating and you still want to use that system of labeling, you will be required to establish the correct rating through the official GHS and HMIS process. Guessing at HMIS ratings is a violation and a very unsafe practice! When OSHA Calls Since the HCS 2012 was revised, OSHA has received refresher training on the HCS regulations as well as what to investigate with regard to workplace labels. A compliance officer will typically look for the following information to be available and present toward compliant workplace label systems:

• Description of workplace labeling system or policy
• Responsible person(s) to produce workplace labeling
• Workplace labels are provided at least in English, legible and prominently
• displayed
• Additional hazard information available at the workstations as necessary
• Consistency of the workplace labeling system throughout the entire facility
• Employee training on the workplace label system
• Means to monitor and maintain all container labeling

During an inspection, OSHA will also look at the overall completeness of the company’s full HCS program. To avoid violations and citations, your company needs to understand the new HCS 2012 requirements, establish a full compliance program, implement the program, and maintain the program which includes initial and ongoing employee training — a task which cannot be understated. All together, the new classification, new SDSs, new label elements, workplace labels and employee training will provide a better foundation for safety and compliance. It will also provide an easier means for understanding the hazards associated with chemicals used by employees and a healthier and safer industry. SGIA has developed a workplace label guide within the SGIA Right to Know Program to help companies address this element. For more information on compliance requirements, or if you have any questions on the new rules, contact SGIA's Government & Business Information Department at govtaffairs@sgia.org.