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World Hepatitis Day

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Are your Signs Accurate?

Since 2010, World Hepatitis Day is observed on July 28th. The goal is to raise awareness of hepatitis as well as the prevention and treatment of the disease. According to the World Health Organization (WHO), an estimated 1.34 million people died globally from this disease in 2015. In comparison, numbers that high match those caused by tuberculosis, malaria, and HIV/AIDS. According to the World Hepatitis Day website, “Currently, 90% of people living with hepatitis B and 80% living with hepatitis C are not aware of their status.” We all need to be educated. This is not a disease found in just one country or in one particular ethnicity. Here is the chance to educate ourselves. Check out the website dedicated to the even this year at http://www.worldhepatitisday.org/en/about-us

Hepatitis is the inflammation of liver tissue. It is most commonly caused by a virus and there are five main ones commonly referred to as Types A, B, C, D and E. Types A and E are usually short-term (acute) diseases. Types B, C, and D are likely to become chronic. Note that Type E is very dangerous for pregnant women.

Listed below are some key facts about each type of Hepatitis taken from the WHO website. For more information visit http://www.who.int/hepatitis/en/

Key Facts of Hepatitis Types

  • Type A – transmitted through ingestion of contaminated food and water or through direct contact with an infectious person. Almost everyone recovers from this Type. There is also a vaccine.
  • Type B – transmitted through contact with the blood or other body fluids of an infected person. This is a chronic infection with no cure. There is a vaccine for this Type.
  • Type C – transmitted through exposure to small quantities of blood. This can happen through injection drug use, unsafe injection practices, and unsafe health care. Certain individual’s own immune system will clear the infection. For others, antiviral medications can cure about 95% of others. Hepatitis C has no vaccine.
  • Type D – transmitted through contact with the blood or other body fluids of an infected person. There is no effective treatment and no vaccine. Infection with this virus cannot occur in the absence of the Hepatitis B virus. However, vaccinations against Hepatitis B is a good preventative measure to infection by Type D.
  • Type E – transmitted mainly through contaminated drinking water. It is a self-limiting infection that resolves itself in about two to six weeks. There is a vaccine developed in China, but is it not available elsewhere.

What does this mean for workers? Since many of these types are transmitted through bodily fluids including blood, they fall under OSHA’s purview. Under 29CFR 1910.1030, the Bloodborne Pathogen Standard, and the Needlestick Safety and Prevention Act of 2000 there are specific safeguards, trainings, labels, and signs that must be used in the workplace to prevent exposure to potentially infectious material. 

A link to the standard: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10051&p_table=STANDARDS

ICC Compliance Center offers a full line of biohazard labels and signs that meet the OSHA standard. We also offer a training and full packaging line for shipments of these biological substances. Check us out today!

Safety Data Sheets (SDS)
Consumer Chemical Products and GHS SDS Requirements

Consumer chemical bottles

Do My Products Need a SDS?

Determining which of your consumer chemical products would require a GHS Safety Data Sheet (SDS), can sometimes be difficult and confusing. Which products actually do need to have compliant SDS, can differ depending on which country/region you are in, and how the product is being used.

Canada

In Canada, chemical products that are labeled, packaged, and sold at retail outlets as consumer products, are regulated by the Canadian Consumer Product Safety Act (CCPSA), and the Consumer Chemicals and Containers Regulations 2001 (CCCR 2001). Examples of ‘retail’ outlets are stores such as Canadian Tire, Home Depot, Rona, and corner gas stations that anyone off the street can walk into and buy chemical products in, etc.

Chemical products, which are intended for use in worksites and not sold at retail outlets, on the other hand, are regulated by the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR, or “WHMIS 2015“). It is the HPA and HPR (WHMIS 2015), where GHS SDS requirements are found, while the CCPSA and CCCR 2001 do not currently contain any SDS requirements at all.

In the HPA, in Part II, Section 12(j) and Schedule 1, CCPSA consumer products are actually excluded from the application of the HPA’s requirements.

What does this exclusion mean?

Keep in mind that the CCPSA and CCCR 2001 do not contain any SDS requirements, while the HPA and HPR (WHMIS 2015) do. As a result of the exclusion in the HPA, the HPA and HPR do not apply to consumer chemical products in Canada. As such, these consumer chemical products do not require SDSs (since SDS requirements are in the HPA and HPR), provided the products are labeled, packaged and sold at retail outlets in accordance with the CCPSA and CCCR 2001.

Legally, the proportion of sales in each of the respective sales markets (consumer vs. workplace), is not relevant. Sales to worksites (e.g. direct to contractors) could be, for example, 90% of the product’s total sales, while sales to retail outlets could constitute only 10% of the product’s total sales. As long as the product is in the same container size in both markets, and the product is labeled/packaged according to consumer rules, and it is available for sale in retail outlets, then the HPR (WHMIS 2015) does not apply. This means GHS SDS are not required, even when the majority of sales are to worksites. Providing GHS SDS is totally optional for a supplier in this case. It’s completely up to the business relationships a company may have with their own customers, on deciding whether or not to provide GHS SDS.

Key points for this exclusion from SDS requirements, however, is whether or not the product container is actually ‘sold at retail outlets’, and the sizes of containers. Consider a company selling one product in two container sizes (for example a 1 quart / 946 mL size and a 5 gallon / 18.9 L size). The 1 quart / 946 mL size is sold in retail outlets such as Home Depot, as well as direct to worksites. The 5 gallon / 18.9 L size, is ONLY being sold direct to worksites and contractors with special licenses, for example. In this case, the customer would require a GHS SDS to accompany the 5 gallon / 18.9 L size, since this container size is NOT sold at retail outlets.

The United States

There is a similar exclusion in the US from the Occupational Safety & Health Administration’s (OSHA) GHS requirements for consumer products, however, there is a difference in how the consumer product is treated, depending on what the frequency or manner of use of the product is.

Chemical products, which are intended for use in worksites and which are not sold at retail outlets, are regulated by OSHA in the 29CFR 1910.1200 standard for hazard communication (Hazcom 2012). The OSHA Hazcom 2012 standard states that

This section does not apply to:

(ix) Any consumer product … 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, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended [29 CFR 1910.1200(b)(6)(ix)].

OSHA goes onto provide an example, in the frequently asked questions (FAQs) section of their website, which involves Windex. Windex is commonly used by both retail customers in their homes, as well as, for example, by Janitors who use the products in their workplaces only. If the janitor uses the Windex in exactly the same way the retail customer would at home, and no more frequently than that retail customer would, then there are no OSHA Hazcom 2012 GHS requirements for the product, and a GHS SDS is not required.

But, if that Janitor uses the Windex 5 or 6 days a week for hours at a time each day, this usage is significantly more frequent than how a user at home would use the product. In this case, there would be OSHA Hazcom 2012 requirements and a GHS SDS would be required.

The European Union (EU)

In the EU, REACH [Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals] requires suppliers to provide SDS for certain substances and mixtures. It also states in Title IV, Article 31, Section 4, that:

The safety data sheet need not be supplied where hazardous substances or mixtures offered or sold to the general public are provided with sufficient information to enable users to take the necessary measures as regards the protection of human health, safety and the environment, unless requested by a downstream user or distributor.

The difference here for consumer products (ie., sold to the general public), is that at any time, a downstream user or distributor may request an SDS for a consumer product…and it must be supplied to them. Initially, a supplier could just provide other means of giving sufficient information on the products’ hazards and safe use (e.g. instruction booklets, labels, technical data sheets). But at any time, if requested, an SDS would have to be provided.

For further information

For further information on European and North American regulations, please consult the following website links:

Europe:

https://echa.europa.eu/safety-data-sheets

United States:

https://www.osha.gov/dsg/hazcom/index.html

Canada, for workplace products:

http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/index-eng.php

Canada, for consumer product:

http://www.hc-sc.gc.ca/cps-spc/index-eng.php

If you have any questions regarding GHS or consumer product requirements, please contact ICC Compliance Center, Inc. at 1.888.442.9628 (USA) or 1.888.977.4834 (Canada).

Safety
National Forklift Safety Day – June 13

Forklift

Forklift Safety

There’s an old joke out there about what happens when you play a country song backwards. According to the joke you get your girl, dog, and truck back. Rascal Flatts even did a song about it. It is a pretty good tune. Take a listen here.

So, how does a song about getting a truck back relate to forklifts and forklift safety? Well, by definition a forklift is a powered industrial truck. Since the joke and song talks about trucks you can see the connection. Forklifts are used to lift, move, and place various materials weighing anywhere from a few thousand pounds up to 90 tons. These powered industrial trucks must comply with OSHA standard 29CFR 1910.178. You can access a copy of the standard at this link.

National Forklift Safety Day

In 2016, accidents and incidents involving powered industrial trucks were listed in the top ten OSHA violations. To stress the safe use of the vehicles, need for operator training, education of non-users the Industrial Truck Association (ITA) has set aside Tuesday, June 13 as National Forklift Safety Day. This is the fourth year for such an event. Having a written standard, good safety policies and regulations surrounding the safe use of these machines isn’t enough. It requires every day awareness and commitment from drivers, managers, and other personnel in the areas with these trucks to stay safe.

If you are in the Washington, DC area check out the free activities ITA has planned.

  • Monday, June 12 from 3 to 5 p.m.: Education session for ITA members and invited quests
  • Tuesday, June 13 morning: Speakers from industry and government, including elected officials
  • Tuesday, June 13 afternoon: ITA members will visit their congressional representatives to convey our message about the critical importance of workplace safety and discuss how elected officials can help to support that

For information regarding your area, contact your local forklift dealer. 

A few ideas from other locations include the following:

  • Safety pledge signings
  • Open houses and plant tours
  • Safety demonstrations / Safety Awareness classes
  • “Train the Trainer” classes
  • Operator training sessions

If there is any way ICC Compliance Center can help make your National Forklift Safety Day a success, contact us. We are here to help.

Safety
OSHA Safe + Sound Week

Safe + Sound Week 2017

Safe + Sound Week is June 12 – 18

Back in the 14th century, sailing ships were a primary means of trading goods. To protect goods on these vessels they were insured against loss or damage.  The best news for the insurance companies was to receive word that the ship had returned “safe and sound”. The word “safe” was an indication of all crew members were accounted for without injury. The word “sound” told the company the ship had not suffered any serious damage. Since then we continue to use the phrase in our daily life.

The week of June 12-18 has been designated as the inaugural Nationwide Safe + Sound Week. The week is presented by Occupational Safety and Health Administration (OSHA), National Safety Council, American Industrial Hygiene Association (AIHA), American Society of Safety Engineers, the National Institute for Occupational Safety and Health just to name a few. The goal is to “raise awareness and understanding of the value of safety and health programs”. All businesses and companies are encouraged to participate.

The focus of the week is on three core elements. It covers management leadership, worker participation and find and fix hazards. Here is a brief overview of each taken from the OSHA website.

Core Elements:

  • Management leadership is a demonstrated commitment at the highest levels of an organization to safety and health. It means that business owners, executives, managers, and supervisors make safety and health a core organizational value, establish goals, provide resources, and set a good example. Because managers and workers take their cues from leadership, it’s important that all leaders throughout an organization show a visible commitment to safety and health.
  • Worker participation is meaningfully engaging workers at all levels in establishing, implementing, evaluating, and improving safety and health in the workplace. This means workers understand they are a valuable partner in making their workplace safer and are encouraged and able to communicate with management about hazards on the job. Workers are the experts when it comes to the tasks they do and the tools and equipment they use, which makes them a key resource for knowledge and innovative ideas that can improve safety and health.
  • Finding and fixing hazards is a proactive, ongoing process to identify and control sources of potential injuries or illnesses. This means establishing {systemic} procedures to collect and review information about known or potential hazards in the workplace, investigating the root cause of those hazards, and prioritizing hazard controls. Identifying and correcting these hazards before someone gets hurt ensures that workers go home to their families safe and sound after every shift.

Participate in Safe + Sound Week

To prepare your location to participate in the week it is a simple process.

  1. Step 1:  Select or plan activities under each of the elements shown above.
  2. Step 2:  Plan and promote your events
  3. Step 3:  Recognize participation. The website (here) under each element lists a few activities. You just have to click on each topic and decide.

Make the effort to make this week a success for your company. Good business involves keeping workers safe. Use this week to bring new life to your existing safety and health programs or get yours started. If there is anything ICC Compliance Center can do for you to help keep your workers safe, give us a call today.

GHS
GHS in North America and Europe – Where Are We Now?

Isn’t everyone using GHS for SDS’s and labels?

The answer to that is yes, and also no.

The European Union (EU)

In the EU, REACH [Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals] and GHS regulations [Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures, or the ‘CLP’] have already been implemented for many years. Most phases of the EU’s implementation plan have already been completed. There is one last remaining date that has not yet passed, however, with respect to SDS’s and labels.

SDS’s and labels for pure substances are required to fully compliant with REACH and the CLP. The last transition date for pure substance SDS’s was completed on December 1, 2012. Any SDS and label for a pure substance after that date, had to be fully compliant with REACH and CLP regulations, and display only GHS information.

SDS’s and labels for mixtures, for products placed on the market in the EU for the first time after June 1, 2015, are also required to be fully compliant with REACH and the CLP, and display only GHS information.

Mixture SDS’s and labels, only for products already placed on the market in the EU for the first time before June 1, 2015, however, may still show old system EU information. These SDS’s and labels for mixtures, may still display the EU’s old system of regulations [Directive 1999/45/EC], which made use of Risk (R) and Safety (S) phrases, as well as square shaped, orange and black symbols. These SDS’s and Labels, have the last remaining compliance date, which is coming up fast, of June 1, 2017. Any SDS and label after that date, will have to be fully compliant with REACH and CLP regulations.

The United States

In the United States, GHS regulations have also already been implemented for a few years as well. All effective completion dates have passed in the United States. All SDS’s, labels, written Hazard Communication programs, and training must be fully compliant with the Occupational Safety and Health Administration’s (OSHA) Hazcom 2012 GHS standard. The last transition date, for Employer workplace systems, was completed on June 1, 2016.

Canada

In Canada, the implementation of GHS into existing regulations is currently in only its first transition phase. Health Canada’s Hazardous Products Regulations (HPR) (ie. the ‘Workplace Hazardous Materials Information System 2015’, or ‘WHMIS 2015’), were only fairly recently published in February of 2015.

In its first transition phase, Manufacturers, Importers and Distributors, may comply with either the existing WHMIS regulation (‘WHMIS 1988’ or the ‘Controlled Products Regulations / CPR’), or the new WHMIS 2015 GHS regulation. SDS’s in this phase, may still be called ‘Material Safety Data Sheets (MSDS’s)’, and labels may still show the characteristic WHMIS 1988 hatched border and circular symbols. Phase 1 comes to an end on May 31, 2017, after which, Manufacturers and Importers must comply fully with the WHMIS 2015 regulation. SDS’s and labels then after that date, which are produced by Manufacturers and Importers, must display GHS information.

In its second transition phase, which begins on June 1, 2017, Distributors may still comply with either the existing WHMIS 1988 regulation, or the new WHMIS 2015 GHS regulation. Employers now will also comply with either regulation. Phase 2 comes to an end on May 31, 2018, after which, Distributors must comply fully with the WHMIS 2015 regulation. Any SDS’s and labels in a distribution warehouse, then, after that date, must display GHS information.

In its third and final transition phase, which begins on June 1, 2018, Employers may still comply with either the existing WHMIS 1988 regulation, or the new WHMIS 2015 GHS regulation. Phase 3 comes to an end on November 30, 2018, after which, Employers must comply fully with the WHMIS 2015 regulation. With this third and final phase, individual Provinces may slightly extend certain aspects of employer WHMIS 1988 requirements, so the rules in place for each individual Province must be reviewed. For example, the Province of Ontario, will allow Federally-regulated Employers to use WHMIS 1988 for products already present in the workplace on December 1, 2018, until May 31, 2019.

Mexico

In Mexico, GHS was adopted even before it was adopted in the United States into OSHA regulations. In June of 2011, Mexico’s Ministry of Labor and Social Welfare published a new Mexican standard, NMX-R-019-SCFI-2011. The standard adopted all building blocks of the UN’s Purple Book, revision 3, including all Environmentally Hazardous categories. The standard, however, was completely optional. Mexico presented the new standard as an ‘alternative’ to its existing standard, NOM-018-STPS-2000.

Then, fairly recently, in October of 2015, the Ministry of Labor and Social Welfare announced the adoption of a new GHS standard, which will eventually become mandatory. This is Mexican standard NOM-018-STPS-2015. This newer GHS standard adopted all building blocks of the UN’s Purple Book, revision 5, again, including all Environmentally Hazardous categories.

Similarly to Canada, Mexico is now also in a transition phase. Employers in Mexico may comply with the existing standard, NOM-018-STPS-2000, or standard NOM-018-STPS-2014 (this was a ‘proposed’ NOM that was officially adopted as NOM-018-STPS-2015), until October 8, 2018. SDS’s and labels then after that date, must display GHS information.

North America and Europe Reminders

Canada, the United States, Mexico, and Europe, will not be completely transitioned to GHS, across the board, until November 30, 2018, when Canada’s final transition phase for employers come to an end. In the meantime, keep in mind these differing transition and completion dates. And as always, remember that each country or region may throw in side-bar country specific requirements that veer away from the UN’s Purple Book. Review each regulation fully, and individually.

For further information and updates on European and North American regulations, please consult the following website links:

Europe:
ECHA

United States:
OSHA

Canada:
WHMIS

Mexico:
Diario Oficial de la Federación


If you have any questions regarding the GHS, please contact ICC Compliance Center Inc at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).

Frequently Asked Questions
FAQ – GHS Symbols on SDS in Canada and the United States

Frequently Asked SDS Symbols Questions

How many times have you thought you understood a requirement, only to second guess yourself about whether you got that right or not? It could be something relatively straight forward, or something a bit more complicated. Everyone has these moments occasionally, especially with the implementation of GHS around the world. At ICC, two of the questions that seem to pop up from time to time, revolve around symbols on SDSs.

Do GHS pictograms have to appear on an SDS?

The answer: No. The ‘pictogram,’ specifically, doesn’t have to appear. This answer, in part, boils down to terminology.

In both Canada, under WHMIS 2015 Hazardous Products Regulations (HPR) requirements, and in the United States, under Hazcom 2012 requirements, Section 2 of an SDS is required to list the label ‘information elements’ that are applicable to the product. Hazard ‘symbols’ being one of the required ‘information elements’.

In both the United States and in Canada, ‘pictogram’ is defined as a “symbolalong with other “elements, such as a border or background color”. So a complete GHS ‘pictogram’ is actually two part; a graphic symbol on the inside, and a frame surrounding it. Both countries include an allowance only to show a ‘symbol’ (ie. not a ‘pictogram’), or, just the name of the symbol, on the SDS [Hazcom 2012, Appendix D, Table D.1, Item 2(b); WHMIS 2015 Hazardous Products Regulations, Schedule 1, Item 2(b)].

So … no complete ‘pictogram’ is required on the SDS in the US or in Canada.

If I choose to show a complete ‘pictogram’, and not just the ‘name’ of the symbol on the SDS in Section 2, do I have to use a red frame?

The answer: No. the ‘pictogram’ would not have to show a red frame on the SDS.

As mentioned above, in both countries, what is required on the SDS is the ‘symbol’ and not the complete ‘pictogram’ [Hazcom 2012, Appendix D, Table D.1, Item 2(b); HPR, Schedule 1, Item 2(b)]. What that means, is that if you choose to include a complete ‘pictogram’ on your Hazcom 2012 or WHMIS 2015 SDS (ie. the ‘symbolplus the frame), you can include the frame in the color you prefer since the requirement on the SDS is for the ‘symbol’ only and not the ‘pictogram’. There is no specific requirement in Hazcom 2012 or the HPR to have a red framed pictogram on the SDS. The red frame requirement is only on the label (Hazcom 2012, Appendix C, Section C.2.3.1; HPR, Part 3, Section 3.1).

As an example, Section 2 of an SDS for a product classified as a Flammable Liquid – Category 3 and an Eye Irritant – Category 2A, may appear as any of the following 3 options:

Option 1 Option 2 Option 3
Label elements Label elements Label elements
Hazard pictogram(s) Hazard pictogram(s) Hazard pictogram(s)
Insert GHS Red flame & Exclamation Mark Insert GHS Black flame & Exclamation Mark Exclamation Mark

Don’t Forget

The above SDS information is applicable in Canada and the United States. Section 2 SDS requirements may vary, depending on what region of the world you are dealing with.

Should you have any questions regarding SDS’s, please contact ICC Compliance Center at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).

OSHA
New OSHA Concentration Range FAQ

Validation

Oprah Winfrey once said, “I’ve talked to nearly 30,000 people on this show, and all 30,000 had one thing in common. They all wanted validation.” Validation is receiving feedback from others that what you do and say matters. It is an acknowledgment of your actions, deeds and accomplishments. To be a healthy person we need to receive positive validation and be able to give it to ourselves. So is it possible for a company to receive validation? I believe so and here’s why.

In one of OSHA’s recent Frequently Asked Questions (FAQ’s) postings a question regarding the use of ranges on Safety Data Sheets was added. To see the full FAQ and the answer, please click here. The specific question asked is: When may chemical manufactures/importers use concentration ranges rather than an exact percentage composition in Section 3 of the SDS, and how does this apply to trade secrets? Let’s take a closer look at OSHA’s answer. There are several parts to it and each deserves some attention.

Part 1 – Exact Percentage versus Concentration Range Clarification

The answer starts by clarifying the language used in Appendix D under Section 3. In the actual Appendix it states, “The chemical name and concentration (exact percentage) or concentration ranges of all ingredients which are classified as health hazards” must be disclosed in Section 3. However, in the FAQ answer the statement reads as “the chemical name and concentration (exact percentage) of all ingredients present in a mixture which are classified as health hazards” must be disclosed. This new phrasing has no mention of concentration ranges. In fact the answer goes on to say that concentration ranges may be used for cases where trade secret claims are made, there is variability between batches of product, or there is a group of substantially similar mixtures with similar compositions. It is now clear that exact concentrations and/or percentages of ingredients causing health hazards must be in Section 3 of an SDS. It is only in certain circumstances that a range can be used.

Part 2 – Exceptions to Exact Concentrations

As listed above, there are only 3 instances where a concentration range may be used. The first is when trade secret claims are made. The FAQ answer provides more guidance on how to use those claims correctly. As we know, these claims can be used to protect the specific chemical identity and/or the exact percentage of an ingredient. If it is the percentage that is being protected, then a concentration range can be used. The next instance where a range can be used is if there is variability between batches. Again the answer provides better details for when and how this fits. Batch-to-batch variability comes from differences in concentrations of ingredients that occur during production. To appropriately use a range here, those slight variations in concentrations cannot have any impact on health hazards of the mixture. The last allowed use of ranges is a bit tougher. Again, the FAQ does a good job of further explaining the concept of similar mixtures with similar compositions. If a manufacturer/importer has a “line of products” that are very similar, but their compositions vary slightly, then a concentration range can be used. However, here again the differences must not change the overall hazards of the mixture. The answer goes on to say that the ranges used must be “sufficiently narrow” and provide an “accurate representation” of the concentrations.

Part 3 – Validation

ICC’s answer for ranges has been clear from the beginning and matches what is in this new FAQ. We follow what is in Appendix D of HazCom 2012 in regards to how Section 3 should be written. In all of our U.S. GHS webinars, Classification courses and Regulatory Helpline responses, we say “ranges are NOT allowed unless certain criteria are met.” We then take the time with the clients or customers to explain the specific criteria to see if they in fact qualify. If they do, we work with them to review their safety data sheets or author a new one for them.


So here it is. ICC Compliance Center, a company, has its validation. We are doing it right! OSHA’s answer in this FAQ matches our standard procedure for answering questions regarding the use of ranges on safety data sheets here in the US. We knew we were doing it the right way, but here is OSHA validating our process. As always, ICC Compliance Center is here for all of your hazard communication needs.

OSHA & PHMSA Working Together

OSHA & PHMSA Issue Joint Guidance Memorandum

The Occupational Safety and Health Administration and the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a joint guidance memorandum that is intended to provide clarity on the applicability and relationship between, DOT’s labeling requirements under the HMR and OSHA’s labeling requirements for bulk shipments under the HCS 2012.

PHMSA’s hazardous materials regulations require labeling of hazardous materials in transportation, while OSHA requires labeling on containers in the workplace.

When OSHA released its Hazcom 2012 (29 CFR Part 1910.1200) revisions, Appendix C.2.3.3 stated that “If a label has a DOT transport pictogram, the corresponding HCS pictogram shall not appear.” The Hazardous Materials Regulations state “No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part” (49 CFR Part 172.401(b)).

This raised many questions with stakeholders, and shortly thereafter, OSHA published a brief that stated that PHMSA does not view the pictograms as a conflict, and both may appear. OSHA continues on in the brief to state they intend on revising C.2.3.3, but in the meantime, they will allow both to appear. This new guidance document further confirms this position.

The Joint Guidance Memorandum can be found at https://www.osha.gov/dsg/hazcom/joint_phmsa_memo_09192016.html


ICC is your source for compliant DOT/OSHA or TDG/WHMIS labeling requirements. Contact us to find out how we can help.

OSHA
The Top 10 – OSHA Violations 2016

Top 10s

When you think “Top 10” you might think about David Letterman’s top 10 lists. These lists are perhaps his greatest legacy from his run on the “The Late Show” (see 5 Top 10 Lists from David Letterman)

Unfortunately, this blog is not about those top 10 lists, but rather something far more serious, OSHA’s Top 10 violations.

This list is comprised of nearly 32,000 inspections of workplaces by federal OSHA staff. The top 3 violations remain the same as the last three years. They include: fall protection, hazard communication and scaffolds.

The complete Top 10 OSHA violations list includes:

  1. Fall protection
  2. Hazard communication
  3. Scaffolds
  4. Respiratory protection
  5. Lockout/tagout
  6. Powered industrial trucks
  7. Ladders
  8. Machine guarding
  9. Electrical wiring
  10. Electrical, general requirements

According to the Department of Labor’s Occupational Safety and Health Administration (OSHA), there are more than 4500 worker deaths and approximately 3 million workers injured every year. Many of the deaths are associated with fall, poor scaffolding and forklift operations. (https://blog.dol.gov/2016/10/18/top-10-osha-citations-of-2016-a-starting-point-for-workplace-safety/)

Prevention

What is astonishing is that so many of the deaths and injuries are preventable. Employers and employees must take safety seriously. Unlike David Letterman’s Top 10, there is nothing funny about workers dying or being injured.

OSHA has recently released new recommendations for safety and health programs that will help prevent injuries and deaths, reduce costs, improve compliance, and engage workers. This recommendation can be found here: https://www.osha.gov/shpguidelines/.

Training

Training is vital. Ensure workers are trained, and have understood the training. Repeat the training as often as needed to reinforce the concepts and remind the worker that safety on the job is essential.

Contact ICC for more information on training courses available. We can assist employers with their employee training requirements. Most courses are available online, and many segments take less than 30 minutes. Everyone can spare 30 minutes to ensure that each and every day, they leave work the same way they arrived.

At ICC our motto is “See something, say something”. Remember that safety is everyone’s concern.

Environmental Update
EPA Aligns 40 CFR Part 370 with OSHA Hazcom 2012

The Environmental Protection Agency (EPA) issued a final technical amendment to 40 CFR Part 370, in June 2016 which aligns the hazardous chemical reporting regulations to the changes in the Occupational Safety and Health Administration’s (OSHA) Hazcom 2012.

These changes have a compliance date of January 1, 2018, and affect reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA), sections 311 and 312.

Section 311 of EPCRA requires facilities to submit a SDS or a list of hazardous chemicals grouped by categories of physical and health hazards. Section 312 of EPCRA requires facilities to submit an emergency and hazardous chemical inventory form yearly by March 1.

Prior to the change in 2012, the hazard communication regulations (OSHA) were performance oriented, and did not specify the language/description or format that the company had to use. Once the hazard communication regulations were updated, stakeholders requested that EPA align the wording to be consistent with the new OSHA Hazcom 2012 regulations.

Some of the changes in 40 CFR Part 370 include:

  • Technical terms have been updated (i.e., Material Safety Data Sheet to Safety Data Sheet)
  • The definition of Hazard Category has been updated
  • The “Five categories” (Fire/Sudden release of pressure/Reactive/Immediate acute and Delayed-chronic) have been changed to match the physical and health hazards outlined the Hazcom 2012
  • The Tier I and Tier II inventory forms are modified
  • Tier 2 Submit, the software will be updated, and EPA is providing flexibility for states to modify their software by January 2018

Look for these changes to be found in Section 15 of your Safety Data Sheets in the near future.

Contact ICC Compliance Center for more information, or if you need help updating your SDSs.