# Presentation: 790864

## Hazard Communication Enforcement Society for Chemical Hazard CommunicationSeptember 27-28, 2005

- Jackie Annis, IH
*Occupational Safety and Health Administration*
*Office of Health Enforcement *
*Directorate of Enforcement Programs*

##  OSHA’s Mission

- OSHA's mission is to assure the safety and health of America's workers...
*... **by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. *

**Notes:**
We achieve this through many mechanisms, One of which being enforcment

## Hazard Communication Standard

- 1983 – Manufacturing
- 1987 – All Sectors
- 1994 – Clarification

## A very brief background on HCS...

- Section 6 – _Standard Setting_
- The OSH Act of 1970 mandated:
*“...**the use of labels or other appropriate forms of warning...”*
**Recognition of the importance of the communication of hazards!!**

## Hazard Communication

- Covers all Industries
- Performance Oriented
- Multi-Faceted

## Enforcement and Compliance

## MULTIPLE REQUIREMENTSBroad CoverageBasis for Other ProgramsPieces Fitting TogetherDual Responsibilities Manufacturer AND Employer

## Hazard Communication Standard

- Written Program
- Container Labeling
- MSDS
- Employee Information and Training

**Notes:**
As you are Aware, the MSDS are a focal point for any successful Haz Com Program

## Hazard Determination 

- Paragraph (d)
- Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous
**Individual Substances**
**Mixtures**
**Written Document on Hazard Determination Process**

## Written Program

- Policy Statement
- 	Paragraphs (d), (f), (g) and (h)
- Chemical Inventory
- 	Cross Reference, MSDS Access
- Multi-Employer Policy
- 	Us to Them AND Them to Us

## Container Labeling

- Paragraph (f)
- (dual responsibilities)
**(f)(1)-(f)(4):Manufacturers**
**(f)(5)-(f)(9):Employers**
**(f)(10) & (f)(11): Combined**

## MATERIAL SAFETY DATA SHEETS

**Paragraph (g)**
**(g)(1)-(g)(6): Manufacturer**
**(g)(7): Distributors**
**(g)(8)-(g)(11): Employers**

## Training

- General Requirement
- 		(h)(1)
- Information
- 		(h)(2)
- 		(h)(3)
- Comprehensibility

## The HCS Directive, CPL 02-02-038 CUSTOMER’S OBLIGATIONS

- 	_*EMPLOYEE INFORMATION AND TRAINING*_, *Paragraph (h)*
**The training must be comprehensible:**
-  ***If the employees receive job instructions in a language other than English, then the training and information to be conveyed under the HCS will also need to be conducted in a foreign language***

## Numbers!!!!

## Inspection Data

| of # Inspections | FY 2003 | FY 2004 | FY 2005 (Current) |
| --- | --- | --- | --- |
| Total # of Inspections | 39,929 | 39,284 | 33,662 |
| # of General Industry Inspections | 16,453 | 16,336 | 14,057 |
| # Inspections w/in SIC 2800 | 307 | 355 | 324 |
| # of 2800 Inspections with violations of 1910.1200 | 
49
(16%) | 
64
(18%) | 
50
(15%) |

## Top 5 Regulations Cited 2003 through 2005 (current)

- 1.	Hazard Communication (1910.1200)
- 2.	Energy Isolation (1910.147)
- 3.-5. 1910.212, 1910.134, and 1910.305
- 	These 5 standards represent 32% of ALL standards cited in ALL General Industry inspections for those years

## % Of Commonly Cited Paragraphs Of 1910.1200 For SIC 2800

| Fiscal Year | (e)(1) | (f)(5) | (g)(2) | (h) |
| --- | --- | --- | --- | --- |
| FY 2003 | 32% | 20% | 3.9% | 38% |
| FY 2004 | 29.5% | 28.5% | 1% | 36.7% |
| FY 2005 | 33.6% | 22% | 0.8% | 30% |

## INSPECTIONS

## Three Phases of an Onsite Inspection

- 		1.	Opening Conference
- 		2.	Physical Workplace 					Inspection
- 		3.	Closing Conference

## Opening Conference

- Purpose, Nature and Scope
- Paperwork
- Document Requests

## Physical Inspection

- Process Walkaround
- Monitoring
- Data Gathering
- Employee Interviews

## Closing Conference

- Inspection Results
- Observed Violations
- Abatement Strategy
- Compliance Assistance

## Directorate of Enforcement Programs

- Directives
- 		Enforcement Procedures
- 			CPL 02-02-038
- National Emphasis Programs/Targeting Strategy
- 		Lead
- Policy
- 		Letters of Interpretation

## Recent Interpretationson Hazard Communication

- February, 2004
- 		(g)
- May, 2004
- 		(g)(1)
- July, 2004
- 		(c) and (b)
- September, 2004
- 		(g)(2)(i)

- February, 2005
- 		(b)(6)(vii)
- April, 2005
- 		(g)(2)(i)
- 		(g)(6)(ix)
- 		(d) and (g)

## SUMMARY

- Broad coverage- (all industries)
- Performance Oriented-multi-faceted
- Importance to you in dual responsibilities and the added requirements.

## The Future

**Improving OSHA’s Impact on Occupational Health Outcomes by:****	****	**
**Alliances (SCHC)**
**MSDS Initiative**
**Global Harmonization **
**Guidance Documents**
**Hazard Determination**
**Model Training Program**
**MSDS**

## QUESTIONS