The overall goal of chemical management practice is to minimize worker exposure. Employers should utilize a two-pronged approach to managing the chemicals that are regulated by the HCS:
- First, employers should continue to use existing workplace chemicals using safe work practices and PPE (personal protective equipment) in place, as needed.
- Second, employers should attempt to minimize the number and quantity of substances considered chemical hazards.
Because of the demand for more “environmentally friendly” chemicals, many new products are being introduced that are far less toxic or dangerous. Although they are not entirely safe, these products are much less hazardous than those that are still often used. Examples include citrus-based strippers and water-based adhesives developed to replace substances that contain cancer-causing (or otherwise toxic) solvents. Many vendors now carry these substitutes. Initially, they may be slightly more expensive, but they can be potentially less costly in the long run because disposal costs are reduced and fewer potential liabilities result from exposure to them.
Owners and managers should inform employees that compliance with the written hazard communication program is a condition of employment. Furthermore, employers are responsible for ensuring that employees comply with this program. Saying “I tried to make him comply” is not sufficient. By requiring compliance as a condition of employment, owners and managers have the ability to enforce compliance or remove the individual from that operation.
Traditionally, failing to comply with HCS regulations has been the number one reason for OSHA citations. Costs of compliance are typically less than the maximum OSHA fines for noncompliance. Complying with the HCS provisions also reduces the number of lost employee workdays and the amount of downtime, thus improving worker morale and productivity. (OSHA’s Hazard Communication Guidelines for Compliance [reprinted in 2000] can be ordered online at www.osha.gov/pls/publications/pubindex.list.)
Written Hazard Communication Program
It is not enough to maintain an inventory of chemicals, have MSDSs, label containers, and train employees. The HCS also requires owners and managers to develop and implement a written hazard communication program for their facilities. This written plan must be made available to applicable regulatory agencies, employee representatives, and employees on request.
Elements of a written hazard communications program include:
- identification of chemical hazards
- hazardous chemicals inventory
- labels and other forms of written warning
- material safety data sheets
- employee information and training
- contractor information
The program does not have to be complicated and lengthy, but when preparing it, the employer is required to do the following:
- Describe the requirements of the standard.
- Write in a language that the employee can understand.
- Describe how the facility will comply with the standard.
- Outline plans for labeling and other forms of warning.
- Describe how MSDSs will be obtained for each hazardous chemical used.
- Describe how MSDSs will be made available.
- Describe how information and training will be provided.
- Include an inventory of all toxic chemicals known to be present.
- Explain how workers will be informed of hazards connected with non-routine tasks.
- Describe how contractors will be informed about hazards that their employees may encounter while working in the facility.
Formats for a written hazard communication program can also be obtained through health and safety consultants or “off-the-shelf” computer programs and manuals. If the latter resource is used, make sure that the program is adequate for your facility and covers all chemicals on site.
Identification of Chemical Hazards
The hazard assessment is one of the most critical steps for the building owner/manager or employer in implementing a hazard communication program. It determines which hazardous materials are included in the chemical inventory and which employees will be covered by a facility’s program. The hazard assessment is to be updated when work activities and processes change, when a new product is purchased, or when a substance is purchased from a different manufacturer or vendor.
Conducting the Hazard Assessment
Several steps are involved in conducting a hazard assessment. The first is to define hazardous materials. As stated in the HCS, the term hazardous chemical means any chemical that is a health hazard or a physical hazard. Not included are hazardous wastes regulated by the EPA, tobacco products, wood products, consumer-sized and consumer-use products, and food, drugs, and cosmetics used or consumed by employees at the workplace. Many of these items are excluded because they are subject to other specific federal regulations that address proper labeling and hazard notification.
The OSHA HCS identifies a base of about 600 chemicals that have been established as hazardous and therefore must be included in any hazard communication program (if employees may be exposed to them). These chemicals are identified in four sources.
- OSHA in 29 CFR Part 1910, Subpart Z: Toxic and Hazardous Substances
- TLV (threshold limit values) for Chemical Substances and Physical Agents in the Work Environment, ACGIH (American Conference of Governmental Industrial Hygienists), latest edition
- NTP (National Toxicology Program), Annual Report on Carcinogens, latest edition
- IARC (the International Agency for Research on Cancer) monographs, latest edition
A chemical that is not listed may still be hazardous. In general, if there is any question regarding a particular chemical, it is prudent to include it in the hazard communication program.
Your building may contain common consumer products such as household detergents and cleansers, soap, and typing correction fluid (for example, White-Out). These items may be excluded from the hazard assessment if they are used in the same manner and approximate quantities as would be expected in typical consumer applications. However, if a commercial product such as sodium hypochlorite solution (for example, Clorox) is used regularly to disinfect work surfaces against microbial contamination, it should be included in the program.
The second step is to consider only those chemicals known to be present in the workplace. Owners and managers are not required to perform any special analyses to identify an unknown agent, such as a chemical intermediate in a complex reaction.
The third step is to determine which employees have the potential for being exposed to the chemical. The term potential exposure describes the likelihood of an employee’s coming into contact with a chemical by any route of exposure (for example, inhalation, ingestion, or direct contact with the skin). Exposures during normal work activities, non-routine work tasks, and foreseeable emergencies (for example, accidental spills) must also be considered. In many cases, determining that a chemical is present in an employee’s work area will be enough to establish the potential for exposure. However, there may be situations in which it is reasonable to conclude that exposure will not occur, such as exposure to asbestos while an employee mops vinyl asbestos floor tiles.
Recognizing Potential Hazards
When conducting a hazard assessment at a facility, several questions can be asked to help organize the effort and to ensure that nothing important is overlooked. For example:
- What chemicals are being used or stored, and in what quantities?
- Do drums or containers have warning labels that identify the chemical or caution against breathing vapors or allowing skin contact?
- Do ventilation controls remove airborne contaminants produced by operations (for example, custodians applying coats of wax or a contractor spraying insecticide)?
- Are employees required to wear respirators or other personal protective equipment?
In addition to obtaining this information, look for obvious signs of exposure by asking the following questions:
- Is any airborne dust, smoke, vapor or mist generated when the substance is used?
- Are there any unusual odors from liquids, vapors, or gases?
- Have employees noticed that they have developed an unusual taste in their mouths?
- Do employees’ eyes burn, or are their throats and noses irritated?
- Have any employees complained of symptoms such as skin rash or dermatitis; coughs, chest tightness, or difficulty breathing; stuffy nose and colds that do not go away; headaches, dizziness, or light-headedness; loss of appetite, fatigue, or nausea; or numbness in the fingers, hands, arms, or legs?
- Do symptoms disappear or get better when people are away from work?
- Are employees at certain jobs required to undergo special medical procedures such as blood and urine tests, lung function tests, and X-rays?
- Are hazardous operations performed when you are normally not around? What special tasks do maintenance personnel perform? Do they have to work in confined spaces (for example, clean-out work for boilers or crawl spaces)?
- Are there procedures for responding to emergencies such as hazardous chemical/material spills, leaks, explosions, and fires?
- Is there a high employee turnover rate on certain jobs?
- Have air sampling or industrial hygiene surveys been conducted? What did the results indicate?
After looking for obvious signs of exposure, review the injury/illness log (OSHA 300) and discuss the issues with medical treatment personnel.
This article is excerpted from BOMI International’s Environmental Health and Safety Issues The guide can be purchased by calling 1—800—235—2664, or by visiting www.bomi.org.
