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 Continue Reading…

OSHA Update
What is the Significance of June 1st?

What significance does June 1st have in the world of hazardous materials?

Hopefully this does not come as a surprise, but it is the deadline for the final implementation date for Hazcom 2012.

Effective Completion Date Requirements Who
December 1, 2013 Train employees on the new label elements and safety data sheet (SDS) format. Employers
June 1, 2015 or December 1,2015 Compliance with all modified provisions of this final rule, except:The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a HCS Compliant label Chemical manufacturers, importers, distributors and employers
June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers

In March 2012, OSHA aligned the HCS (Hazard Communication Standard) with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This kicked off a four-year phase-in period which is now officially over.

By now, all chemical manufacturers, importers, distributors, and employers in the USA should have switched from OSHA 1994 to Hazcom 2012. This includes training all employees, classifying all products to the Hazcom 2012 criteria, creating Hazcom 2012 Safety Data Sheets (SDS), creating compliant shipped container labels, and finally updating workplace labeling and written safety programs to Hazcom 2012 standards.

Our handy checklist can help ensure that you have completed each important step. Use it as part of your internal auditing practice to ensure compliance.

If you still Continue Reading…

OSHA Flammable
“Light My Fire” – Calculating Flash Points for Flammable Liquids

One of the most common tests for determining hazard classification is the flash point. This humble piece of physical information is defined in various ways in various regulations, but generally is the lowest temperature at which the vapours from a flammable liquid will ignite near the surface of the liquid, or in a test vessel. This can be critical for safety, because this temperature will be the lowest possible for the liquid to cause a flash fire if released or spilled. If the material can be handled and transported at temperatures lower than the flash point, the fire risk will be much smaller.

The flash point has become the standard test for classifying flammable liquids. It’s used by the U.S. OSHA (Occupational Health and Safety Act) and HMR (Hazardous Materials Regulations) classification systems, as well as Canada’s WHMIS (Workplace Hazardous Materials Information System) and TDG (Transportation of Dangerous Goods Regulations).

Obtaining a flash point on a new product is usually easy enough. Many laboratories, particularly those that deal with petrochemicals, can perform the test for a reasonable charge. If your company has too many products to make outsourcing practicable, a flash point tester itself is comparatively low cost (as scientific apparatus goes), and a trained person can obtain data quickly and efficiently. However, both of these options do cost money. Wouldn’t it be nice if there were a Continue Reading…

OSHA Labeling
Disney, Dwarfs and Workplace Labels

It was recently announced that Disney was re-releasing the classic animated movie “Snow White and the Seven Dwarfs”. The commercial started with the dwarfs singing their classic song “Heigh-Ho”. In this tune, the cute characters of Dopey, Bashful, Sneezy, Happy, Grumpy, Sleepy and Doc all sing about coming home from working all day digging in the mine. To remember these characters, watch and listen here.

As the scene starts, I can’t help but notice there are no OSHA workplace labels anywhere. In the new OSHA Hazard Communications Standard 1910.1200 there isn’t much guidance on how to handle workplace labeling. The regulation states “the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked”. The regulation goes on to say use the same information that is found on the shipped containers or use a “Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.”

Many Employers may feel overwhelmed trying to figure out what to have in a workplace after reading the regulation. Let us help. We offer the GHS Workplace Labels (Orange System).

Orange System GHS Workplace Labels Available Continue Reading…

OSHA Carcinogen
OSHA Celebrates World Cancer Day?

We all have reminders on our calendars for such things as holidays, birthdays, and appointments. As I looked forward to February for some planning purposes, the date of February 4th popped up as World Cancer Day. Is this a day to celebrate cancer? Does that even make sense when most of us upon hearing that word have some pretty strong negative reactions and emotions? This sent me on a path of fact checking. The purpose of World Cancer Day as established by the Union of International Cancer Control (UICC) is to raise awareness of cancer and to encourage its prevention, detection, and treatment. So, this day is similar to Earth Day or World AIDS Day then.

Since I work in the Regulatory World, I thought this would be an opportune time to talk about cancer in the realm of Hazard Communication. For many cancer is part of the acronym CMR which stands for materials that are carcinogenic, mutagenic or toxic to reproduction. In OSHA HazCom 2012, Appendix A Subsection 6 covers the definition, classification criteria, and cut-off values for carcinogens. Are those pieces of information really enough to classify all of your products? Granted the regulation points out in A.6.2.5.2 some factors to consider, but those exact particular factors can be hard to find in many full length cancer studies.

To make things a bit easier, OSHA has allowed for Continue Reading…

OSHA Flammable
OSHA Tanker Labeling HazCom 2012 – “Everything Old is New Again”

Clarification provided by OSHA’s Inspection Procedure, Directive CPL 02-02-079 in July 2015, is filtering through the regulated community and causing some concern.

The directive essentially confirms that HazCom 2012 labeling applies to “… a tank truck, rail car or similar vehicle…” comprising the container for a hazardous chemical when it is not immediately unloaded at the destination.

Hazard Communication is Key

The intent is presumably to ensure that workers potentially exposed to hazardous chemicals will be able to identify the risks, particularly if they are not familiar with DOT markings – or if the substance is a hazardous chemical under OSHA, despite not being a hazardous material under DOT.

The wording of 29 CFR1910.1200(c) is light on definitions of “container” (“…storage tank or the like that contains a hazardous chemical…”); and “shipped container” in (f)(1) et al is not actually defined in the regulation itself.

However, “Shipped Container” is defined in part X.C.21 of the CPL directive, i.e. “… means any container leaving the workplace, whether through normal shipping routes or physically handed to another person.”

Consequently OSHA expects that rail or highway tankers as “shipped containers” will, in addition to 49 CFR – required safety marks, include the HazCom 2012 “… labeling information … either posted on the outside of the vehicle or attached to the accompanying shipping papers …”

Sending a copy separately from the vehicle is not allowed.

Custom Tank Labels Continue Reading…

HAZCOM 2012
More Hazard Communication Issues

An inquiry was made by the American Coatings Association, which they asked OSHA to clearly outline the import of materials and the export of materials in sealed containers for the Hazard Communication Standard (HCS). The Occupational Safety & Health Administration (OSHA) responded with a Letter of Interpretation (LOI) on November 23rd, 2015 which further clarified the responsibilities of US companies when importing or exporting materials that require attention under the 29 CFR 1910.1200

In regard to import OSHA’s guidance in the LOI states the responsibility falls on the importers to assure compliant labeling when the material becomes under their control. Once in their control, importers must follow the requirements of 29 CFR 1910.1200(b)(4) where applicable. Importers must also assure compliance with HCS 2012 prior to shipping within the United States. In this LOI, OSHA encourages the review of their CPL-02-02-079 Section X.F.2h compliance directive which entails information for materials packaged for shipment prior to June 1st, 2015.

OSHA’s guidance for export in this LOI for sealed containers is that if prepared for direct shipment outside the US and are inside a USDOT approved shipping container, the manufacturer can label the container for the destination country. A HCS compliant label must be affixed to the outside package or be attached to the shipping papers as well. The container would also have to be labeled according the appropriate regulation for Continue Reading…

John Mellencamp, Chemical Distributors, and OSHA

Traveling in a car to multiple places over long periods of time allows one to listen to many songs on the radio. One nicety now is satellite radio, which keeps you from dialing around trying to find a decent station that will last longer than a few miles. The channel used the most during my last trip was Channel 8 which is dedicated to the music of the 1980’s.

Now, what does my choice in radio stations have to do with chemical distributors and OSHA? The deadline for chemical distributors passed on Tuesday, December 1st. This is the deadline after which distributors are no longer allowed to ship products labeled under the old 1994 Hazard Communication Standard. They must now be labeled according to Hazard Communication Standard 2012 (HSC 2012). Given many manufacturers still have not finished their conversion, there are many distributors worried about when an OSHA Compliance Safety and Health Officer (CSHO) may be at their facility. For them the “Authority Song” by John Mellencamp may be going through their minds. Take a listen here to remind yourself of the lyrics.

Distributors take heart. There could be some relief for you. On February 9, 2015, OSHA released a memorandum on the topic of Enforcement Guidance. The memo, which can be read here, is very clear and should be read in its entirety to fully understand all of the details Continue Reading…

December 1, 2015 – HazCom 2012 Effective Completion Date

December 1, 2015 is an important date. You should know why by now!

Dates are important to everyone – especially during holidays when people take time off, relax, and enjoy company. December 1, 2015 is definitely an important date – to those in the hazardous materials industry – but, there won’t be any time off, relaxation, or holiday to celebrate. Rather, today is the effective completion date for compliance with all modified provisions of the Hazcom 2012 final rule: distributors shall not ship containers labeled by the chemical manufacturer or importer unless it is a Hazcom 2012 label.

Sounds simple enough, right? Just put a Hazcom 2012 label on containers and you’re done. On the surface it sounds simple; however, it is anything but that. This affects chemical manufacturers, importers, distributors, and employers. If labeling is not part of the normal procedures then making sure the proper Hazcom 2012 label is used can be a daunting task.

Chemical distributors who package product (i.e., drums, totes) will need safety data sheets (SDSs) and labels updated. Otherwise, they cannot ship product as of December 1, 2015. Chemical distributors who distribute only (i.e., warehouse chemicals and distribute in the containers they came in) will need to find a way to re-label product before shipping or risk penalties if the labels are not updated. Industrial supply companies selling products such as cleaning agents, Continue Reading…

OSHA HazCom 2012
Time Requirements Under OSHA HazCom 2012

As a new order for classifications and label text is begun, the song “Time Is On My Side” by The Rolling Stones comes to my mind. Take a listen here to remind yourself of the rhythm and lyrics. I and many other SDS and Label authors approach each new request with optimism and the hope that a perfect world exists. Believing all of the information needed is supplied by the client, the data needed is readily available and the time needed for work is plentiful.

For any given order there could be multiple products and each product requires an SDS and Label. Each of the products is probably a mixture. In some cases the products are actually mixtures made up of other mixtures. Some of the products have trade secret claims. Taken together, this means we authors start to question what Mick Jagger is saying. Is time really on my side?

Now, clients are amazing. Any information needed requires a simple email or phone call. If they have it, then within a short period of time it is provided.

Things start to fall apart though when information just is not there. Many companies are still struggling with receiving SDS and Labels that are compliant with HazCom 2012 from their manufacturers and suppliers. When this happens, I am tasked with finding information on my own. This finding of information is the Continue Reading…