ICC Top 10 List
OSHA’s Top Ten Most-Cited Standards for 2018

It is the end of October. This is the signal for many exciting things. First, autumn is well under way; no more temperatures in the high 90’s. Second, pumpkin spice everything is available. My personal favorite though is plain old pumpkin pie. Finally, OSHA publishes their list of top ten most-cited standards for the previous fiscal year. This is always announced at the National Safety Council’s Congress and Expo. The timing fits with OSHA’s fiscal year that runs from October 1 through September 30. So, without further delay….

Most-Cited OSHA Standards for Fiscal Year 2018

  1. Fall Protection – General Requirements: Standard 1926.501 with 7,720 violations
  2. Hazard Communications: Standard 1910.1200 with 4,552 violations
  3. Scaffolds/Scaffolding: Standard 1926.451 with 3,336 violations
  4. Respiratory Protection: Standard 1910.134 with 3,118 violations
  5. Lockout/Tagout: Standard 1910.147 with 2,944 violations
  6. Ladders: Standard 1926.1053 with 2,812 violations
  7. Powered Industrial Trucks: Standard 1910.178 with 2,294 violations
  8. Fall Protection: Training requirements: Standard 1926.503 with 1,982 violations
  9. Machine Guarding: Standard 1910.212 with 1,972 violations
  10. Personal Protective Equipment and Lifesaving Equipment – Eye and Face Protection: Standard 1926.102 with 1,536 violations

Here are some things I notice about this year’s list.  First of all, the top five are the exact same ones and in the exact same order as last year, and all the way back to fiscal year 2014. The next four on the list are the same as well. The only difference is the order of them going back through Continue Reading…

Web address monitor icon
OSHA’s Website on Workplace Chemicals
Laptop on wood table

New Tools for Chemical Data

Chemical data and information are an integral part of my work. Data is needed for a shipper of hazardous materials or dangerous goods.  It is needed for an author of Safety Data Sheets (SDS). It may also be needed for OSHA workplace labeling. Sometimes you need several websites or resources open all at once to gather the needed data.

As such, OSHA has created a tool that you may find helpful. It is called the “OSHA Occupational Chemical Database”. The link for it is https://www.osha.gov/chemicaldata/.  It is a compilation of data from several agencies and organizations put into one online resource. The first paragraph on the site calls this “OSHA’s premier one-stop shop for occupational chemical information”. For chemicals found on the website, there is information on some or all of the following topics:

  • Physical/Chemical properties
  • Synonyms
  • Exposure limits – OSHA, NIOSH, ACGIH
  • NFPA ratings
  • Sampling information
  • Additional Resources and Literature References

The site is searchable mainly by chemical name, CAS number or alphabetically. There is even a feature that will allow you to search for chemicals under certain topics. The site allows you to group chemicals by Permissible Exposure Limits (PEL), Carcinogenic classification and Immediately Dangerous to Life and Health hazards (IDLH). That aside, once you have found your chemical, this site provides a variety of information. Simply click on the link listed Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: June 4

Variation packaging cushioning material, excepted quantity packaging, UN packaging testing, distributor deadlines for WHMIS 2015, Mexico GHS, and compatibility

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Variation Packaging (4GV) Cushioning Material

Q. Can I substitute a different cushioning material in a variation box?
A. In general: “No.” When a UN-standardized package is specified. The various regulations (49 CFR, IATA DGR, IMDG Code, and TDGR), or the standards referenced within them, restrict the user to assembling the package according to the manufacturer’s instructions. These instructions are based on the components used in the submitted test/design reports on which the approval is based. 49 CFR §178.601(g)(4)(iv) even goes to the point of specifically requiring the same type of cushioning as was used in the submission.

Excepted Quantity Packaging

Q. Is it always necessary for the shipper to have performance test results on packaging used to ship “excepted quantities”?
A. This depends on the mode or jurisdiction of transport. 49 CFR [§173.4a(f)], IATA DGR (§2.6.6) and IMDG Code (§3.5.3) all require that the shipper ensure that testing has been done and documented. This doesn’t need to be externally certified or approved. TDGR [§1.17.1(3)] does not require specific testing, only that packaging is “… designed, constructed, filled, Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: April 2

How to determine if a product is regulated, SAPT on a SDS, Shipping a drone, and using a UN package

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Is my product regulated?

Q. I have 2 products I distribute to various stores to sell. The SDS files say my product is not regulated under DOT and TDG in Section 14. Since this is sold as a consumer product, doesn’t that mean it is regulated for IATA should I ship it via air? (the SDS were emailed to me)
A. Nothing in your SDS files leads me to believe either one would meet any of the 9 hazard classes in IATA. This is further confirmed by neither SDS classifying the products for DOT and TDG. Basically, what you have are containers of non-regulated liquids.  There is no need for UN Specification packaging or paperwork for IATA or any other transport regulation.

SAPT on my SDS

A. Since the addition of UN numbers for polymerizing substances, we’ve been told we must include the Self-Accelerated Polymerization Temperature (SAPT) on our SDS documents in Section 9. Is this a new requirement?
Q. There is no requirement in OSHA HazCom 2012 to include that particular data point in Section 9. All of the Continue Reading…
Regulatory Helpdesk: February 12

Lithium Batteries, Placards, and SDS in the Workplace

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Lithium Batteries (Air)

Q. For PI 967 in IATA is the weight limit the weight of the equipment and battery inside of it or just the battery.
A. For all battery packing instructions in IATA it is always the weight of the battery itself.

Lithium Batteries (IMDG)

Q. Do “excepted” batteries require segregation from limited quantity packages under IMDG?
A. Under IMDG §3.4.4.2 it tells you that segregation requirements in Chapters 7.2 – 7.7 plus any information on Stowage in column 16b of the table do not apply to goods in limited quantity packages. Lithium ion batteries do not yet need segregation under IMDG either. It is only IATA that has implemented segregation this year as part of the packing instructions for shippers. IATA has also added batteries to the segregation table for operators, but it isn’t mandatory until next year and only applies to those in Section 1A and 1B not Section II.

Placards (TDG)

Q. Customer asked if his Class 8 material (UN 1830) needed to have a UN number on the placard if shipping 1 liter per package and 7 per tote for a total of 17 Liters for the shipment in Canada. Continue Reading…
PHMSA
PHMSA & OSHA Make a Video Together – an Oxymoron?

Warehouse with chemicals

PHMSA vs OSHA

George Carlin will always be a favorite comedian for people of a certain age. One of his best-known bits is on oxymorons. An oxymoron, is basically a set of contradictory terms that work together. While not the greatest of explanations, let’s have George give you some examples to make the point.

This concept came to mind on the heels of the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) and the DOL’s Occupational Safety and Health Administration’s (OSHA) joint video on labeling. Those two organizations are just that, 2 different organizations, yet they released a joint video? It sounded like a setup to a bad joke. Turns out I was wrong.

The video does a great job of explaining the focus of each organization and goes a long way to clearing the air. There are references to the regulations used by each, but not a lot of time is spent on “regulatory language” or the details of either one. 

Comparing PHMSA vs OSHA

Here is my version of the comparisons between the two and how closely the align based on the video.

PHMSA OSHA Take Away
Regulates hazardous materials in transport Regulates hazardous chemicals in the workplace Both want people to be safe.
Uses the Hazardous Materials Regulation Uses the Hazard Communication Standard Both have a set of “rules”.
Defines Hazardous Material as those that pose an unreasonable risk to health, safety and property when transported in commerce Defines Hazardous Chemical as Continue Reading…
Safety Data Sheets (SDS)
GHS SDS Ingredient Disclosure

Young female Industrial Worker

Another SDS ‘Headache’

If you are supplying chemical products that require Safety Data Sheets (SDS’s) to multiple countries, you are also likely to know this headache well.

With the implementation of the Globally Harmonized System of Classification & Labeling (GHS) around the world progressing, issues are beginning to appear which emphasize points where…. Maybe requirements are not so ‘harmonized’. One such issue, is ingredient disclosure requirements on SDS’s for mixtures across different regions of the world.

The United Nation’s (UN’s) GHS system, does contain some standardized recommendations for SDS, including that SDS’s should be provided only for chemicals classified as ‘hazardous’, SDS’s should contain basic minimum information (e.g., 16 sections with specific headings), as well as more detailed recommended guidance on how to prepare each section of the SDS.

Ingredient disclosure recommendations, in particular, appear in Annex 4 of the GHS. In general, the GHS recommends that for a mixture classified as hazardous, the SDS should list all ‘hazardous’ ingredients, which are individually hazardous to health or the environment, when the ingredients are present above concentration cutoff levels. There’s several parts of that general requirement, which can be viewed as a ‘can of worms’.

Are the cutoff levels the same for each region of the world? How should one handle ingredient disclosure when you are in a region that doesn’t regulate environmental hazards on SDS’s? Are ‘non-hazardous’ chemical mixtures really not Continue Reading…

Regulatory Helpdesk: December 25

Lithium Batteries & Hazard Communication

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Due to the Holiday week, we have only 2 FAQ’s worth sharing.

Check back weekly, the helpdesk rarely hears the same question twice.

More Lithium Batteries

Q. We want to ship a 63 W-hr lithium ion battery.  Are there any issues with packaging 2 or more together in the same container under IATA 2018 and 49CFR?  If 2 or more are ok what is the limit?
A. Under IATA you have 2 options and it will be up to you as the shipper to make the decision as to how to handle your shipment. As you know the 65 w-h battery falls into the excepted type. Now, for IATA that puts you in either Section II or Section IB. By the way, be sure to grab the recently published Addendum!

For Section II batteries there is a change for this year. As per usual, there are several changes to the operator regulations. Also, these batteries cannot be packed in the same outer packaging as any other dangerous goods. 

The rest of the section still applies in PI 965. You are not allowed to offer more than 1 package prepared under Section II in any single consignment or shipment.

If you are using an overpack, you can only have one package of these batteries in the overpack. The overpack cannot Continue Reading…

ICC Top 10 List
OSHA’s Top 10 Most-Cited Standards for 2017

Young female Industrial Worker

Top 10 OSHA Violations 2017

At the end of September every year several things happen. It is the official start of autumn. All of the children are back in school. Pumpkin spice everything is available. OSHA publishes their list of top ten most-cited standards. These are always announced at the National Safety Council’s Congress and Expo. The timing fits with OSHA’s fiscal year that runs from October 1 through September 30. So, without further delay….

Most-Cited OSHA Standards for Fiscal Year 2017

  1. Fall Protection – Standard 1926.501 with 6,072 violations
  2. Hazard Communications – Standard 1910.1200 with 6,072 violations
  3. Scaffolding- Standard 2936.451 with 3,288 violations
  4. Respiratory Protection – Standard 1910.134 with 3,097 violations
  5. Lockout/Tagout – Standard 1910.147 with 2,877 violations
  6. Ladders – Standard 1926.1053 with 2,241 violations
  7. Powered Industrial Trucks – Standard 1910.178 with 2,162 violations
  8. Machine Guarding – Standard 1910.212 with 1,933 violations
  9. Fall Protection: Training requirements – Standard 1926.503 with 1,523 violations
  10. Electrical Wiring Methods – Standard 1910.305 with 1,405 violations

Here are some things I notice about this year’s list. First of all, four of top ten are related. By this I mean, items 1, 3, 6 and 9 are related to falling.  Next, take note that the top five violations are the exact same and in the same order as the past four fiscal years. Almost every other standard listed for 2017 is also on the 2016, 2015, 2014 and 2013 lists. The only Continue Reading…

Safety
OSHA, Emergency Exits, & Procedures

Neon Green Exit Sign

School Days, Fire Drills

One of my earliest memories from elementary school was deeply concentrating on my school work at my desk (at least some of the time), when suddenly being startled by a loud alarm. My classmates and I would jump up in excitement as we all meshed together in a quiet single file line, and our teacher would lead us out of the nearest exit into a parking lot on a nice Spring day. We would stand outside quietly until the principal would walk outside and give us a quick wave of her hand, and to our dismay we would all march back into school with our heads down to pick up right where we left off in the rest of the day’s school work.

In hindsight, the fun and excitement of a fire drill as a child was in actuality a well thought out systematic process designed to help students and staff become aware of how to exit the building in the quickest, easiest, and safest way possible. The importance of these emergency procedures are not only important in our childhood school days, they should also play an essential role in the workplace. In fact, OSHA clearly defines what is expected when exiting a building during an emergency.

Exit Routes

Under most circumstances, a workplace must have at least 2 exit routes depending on the number of Continue Reading…