Osha Hazard Communication Standard

[Barklay]

Mr. Brown,

I would like information/clarification on what chemicals a Company must include on its Chemical Inventory.

As I understand the OSHA Standard, a Company must prepare a written list of all hazardous chemicals it has on company property. I am under the impression that the proper way to decide if a chemical should be included on the list is to request from the chemical manufacturer an MSDS. If the manufacturer supplies an MSDS, the substance should be included on the Chemical Inventory and an MSDS should be maintained on file by the Company. Although the company has the ultimate responsibility to include all hazardous chemicals on its Chemical Inventory, the practical approach is to rely on the chemical manufacturer to make the deterimination as to whether or not his product is a hazardous chemical. In other words, it is the chemical/product manufacturer`s primarily who determines whether or not his product is a hazardous material - not the Company who purchases it.

A Colleague of mine is taking a different approach  and trying to make his own determination as to which of the chemicals he uses in his business are  hazardous, and therefore would be included in his Chemical Inventory.  By following this approach he  is drastically limiting the number of chemicals on his Chemical Inventory. I have told him that every product for which he has an MSDS should be listed on his Chemical Inventory. He disagrees although he does maintain complete MSDS files.

Which of us is correct? Your clarification on this matter would be appreciated.

Regards,

Paul  

[Chilton]

:  Paul, you and your friend both lose.  And by the time you both have complied with the OSHA regulations regarding chemical inventories and MSDS's(Material Safety Data Sheets) you will have a whole new meaning for the word lose and most likely you will hate me!

The employer has the total, complete and absolute responsibility for all aspects of the requirements including the determination of what substances are covered and should be included in the program.  Few manufactures will help in determining any potential hazards in your workplace for their materials that you are using.  I would be very leery of any that would agree given their lack of knowledge about your facility and the horrible liability they would create for themselves.  (Remember the old adage “Fools rush in .  . .)  I will try to explain and provide some oversight.  First, I am assuming you are concerned with the regulations, which cover employee exposure to substances(or employee right-to-know regulations) created by OSHA(the Occupational Safety and Health Administration) or as adopted by your state if you are under state jurisdiction instead of Federal.  In Addition, some jurisdictions(state and cities) have local laws known as “community right-to-know” laws.  These regulations are different than the employee “right-to-know” laws and are based on a list established by some agency(in Oregon, the State Fire Marshall) and require data on storage, usage, etc. and will differ from statements made in my answer.

The basic steps in complying with the employee “right-to-know” standards are at the least:

1) Obtain and very carefully review the exact standards.  Most people are very surprised to learn how much is involved and how exacting the standards are.  Since I have been retired for several years, there may be changes that I am not aware of. You may also want to attend a class on the subject.  Colleges, business and professional groups commonly conduct these.  You will need to check on the resources in your area.

2) Compile a list of all substances found in the workplace no matter where used or the quantity. This will include items such as correction fluid used by a secretary(Yes, they will supply you with an MSDS) and WD-40 used by maintenance personnel.  In the case of cleaning supplies, if they are available for possible use by your employees(even if they belong to a cleaning service) you need to include them.  In larger paper and sawmills it was not unusual start with a list of over 2500 to 3500 items.  (If you have a maintenance department, you will be shocked at what they have tucked away, and don't forget the welding rods.). This may seem extreme, but if you write to Georgia-Pacific and request a MSDS on wood dust, you will receive such without comment.  At one time they were shipped with every load of lumber.  (If you are getting the idea you are dealing with regulations totally out of control, you are correct.)

3) Obtain MSDS's for every last substance on your list.  Document your efforts and the refusal of any company to provide such.  (Remember – you must prove all efforts and you are presumed guilty until you can prove your efforts and actions)  In our mills, we refused to accept delivery or purchase any material without an MSDS in the file or accompanying the material.  This included paint from the Ace Hardware store on the corner.  This did not always please local merchants but the big suppliers like Standard Oil got to the point where they sent MSDS's with every shipment(more of CYA).

4) Review each and every MSDS to determine any hazards and what personal protective equipment is recommended.  In many instances you will also find information on spills, emergency conditions, etc.  I found that a MSDS could be anywhere from 2 – 8 pages in length.  In the beginning they were written by safety and health professionals or the medical department, but this changed to composition or review by the legal types when it became clear the primary purpose for a company to issue an MSDS was CYA.  The more concern about CYA, the longer and more complex the MSDS.  It has also gotten to the point where all materials contain some “possible” hazards such as eye irritation.  This has in my opinion reduced the effectiveness of many MSDS's but it satisfies many inspectors and thus protects you and the supplier.

5) The MSDS's must be stored in one or more locations where employees can readily access them(and of course OSHA inspectors).  This can be done in print with one or more 3-ring binders or electronically.(I knew one paper mill safety manager that had all of his MSDS's entered into a computer database and then located computer terminals in about 20 locations about the mill complex.  He stated the cost was in excess of $1,000,000 for the initial program and required a full-time clerical position to keep the system up-to-date.  After the initial playing with the system, the use amounted to less than one employee inquiry a month.  We had a sawmill that had 22 sets of binders; each set contained 12 binders and there were approximately 175 items in each binder.  If this is beginning to be scary – good, it should be.)

6) The list of chemicals and the MSDS's must be kept current and provisions made to ensure no substances enter the workplace without a MSDS on site and in the system.  Current means any substances added or deleted(keep all old sheets forever), or changed by the manufacturer/supplier.

7) Employee training must be provided to all employees on the entire system, their rights, how to use an MSDS, how to select and use any personal protective equipment, emergency procedures, first aid and other issues such as storage, purchase, etc.  The training must be fully documented including what was taught, when it was taught, to whom it was taught and how the employees were tested to ensure the training was effective.  The training will most likely be on “your” time, in some of our mills it could take up to 8 hours each to properly train employees.  At a wage rate of $15.00 per hour or more, this can become very expensive.  Note: I have always figured that any expense incurred in employee training was a good investment for reasons I will not go into here.

8) You are also fully responsible for providing at no cost all personal protective equipment to all employees(a few exceptions exist but not enough to worry about and these are being overturned by the courts as time passes).  You must train the employees on how to select the equipment, how to use the equipment and how to properly maintain the equipment including cleaning.  And, of course, all this must be properly documented.  (If you want a real nightmare, have a maintenance person with a beard that is required to use a respirator.  I once almost had an entire mill go on strike on that issue along with hairnets around moving equipment.)

9) Don't forget you are also responsible for providing all data to any contractor you have working on a site owned or control by you.  And to be wise, you will monitor their training and program to ensure it meets all standards.

10) Conduct a periodic review(annual recommended) of the entire program to ensure it is complete, current and complies with any changes in the law.

11) This is only a brief summary, as you study the regulations you will find details I have left out.  Since the monetary fines for failure to comply with these regulations can be very large, you need to very carefully review the specific requirements.

As you finish this, you will be asking what you get in return for the time, effort and expense for meeting these regulations.  In over 25 years in occupational safety and health, I can state without any hesitation; I do not recall even a single incident where a MSDS prevented or lessened an injury.  And in the pulp and paper industry I actually saw many wonderful programs tossed out because of conflicts with the OSHA standards.

If you are discouraged after reading this, please don't be.  OSHA(or state equivalents) has kept many persons gainfully employed in occupational safety and health.  And, there were even a few occasions when we were able to keep someone from getting hurt or killed. If I can provide any further assistance, please feel free to contact me through this method or directly at [email protected]   Please excuse any/all errors in spelling and grammar, sometimes my computer ain't always rite.

Michael(Mike) Brown, CSP Retired