OSHA

The following information has been copied directly from the OSHA web site.

For the full detail, please reference OSHA informs you the Employer of your responsibility to your employees regarding the handling and disposing of hazardous products. If the MSDS information is not presented and available as described then you are not in compliance. There are no shortcuts.

OSHA Directives
CPL 2-2.38D - Inspection Procedures for the Hazard Communication Standard, 29 CFR 1910.1200, 1915.99, 1917.28, 1918.90, 1926.59, 1928.21

Purpose
This instruction establishes policies and provides clarifications to ensure uniform enforcement of the Hazard Communication Standard (HCS).

Compliance Instruction, "Hazard Communication Standard: Documentation of Citations Related to the Exposure to Hazardous Substances and Consumer Products" dated March 21, 1995, to OSHA Regional Administrators from John B. Miles, Jr.

Action
OSHA Regional Administrators and Area Directors shall use the guidelines in this instruction to ensure uniform enforcement of the HCS. The Directorate of Compliance Programs, Office of Health Compliance Assistance, will provide support as necessary to assist the Regional Administrators and Area Directors in enforcing the HCS.

Organization of this Instruction
Compliance guidelines are addressed within the main part of this instruction. Clarifications, interpretations, review aids and other information are provided in Appendices A through E. This directive will include references which will allow the interpretative provisions to be accessed through the OSHA Web Site.

A. Appendix A of this instruction provides clarifications of provisions of the standard where significant interpretations have been necessary to ensure uniform enforcement and understanding.

B. Appendix B provides a sample letter for inquiries regarding missing or deficient MSDSs and labels.

C. Appendix C provides general guidelines for evaluation of hazards.

D. Appendix D provides a guide for reviewing MSDSs.

E. Appendix E provides a sample Hazard Communication Program.

Inspection Guidelines
a. Scope and Application - Paragraph (b). The scope paragraph clearly states that the HCS applies to any chemical which is known to be present in the workplace in a manner that employees may be exposed, regardless of whether the employer has created the chemical exposure.

* What is/are the hazardous chemical(s) present in the product to which employees were exposed? What is/are the concentration(s) of the hazardous chemical(s) present? Was the product included in the employer's hazardous chemical inventory?
* How was the product used and in what amounts? Was the product used in the workplace for the purpose intended by the manufacturer?
* When available, include in the file the MSDS for the cited product to aid in determining coverage and intended use(s).
* What is the hazardous chemical in the item to which employees were exposed? Was this item included in the employer's hazardous chemical inventory?
* What were the activities/operations that resulted in employee exposure to the hazardous chemical(s)? Did the release of the covered chemical(s) pose any potential physical hazard or health risk to the employees?
* Include a copy of the MSDS, where available, for the cited product.

b. For both consumer products and items not meeting the article exemption, the specific hazardous chemical in the product/item shall be described in the citation. In the case of mixtures, the concentration of the hazardous chemical shall also be noted. For example, the Agency shall not issue citations simply stating that "glue" or "dishwashing liquid" was the hazardous consumer product or that "brick" was the hazardous chemical in a manufactured item. The citation must state the name of the hazardous chemical (for example, silica, methyl ethyl ketone, sodium hydroxide, etc.).

Written Hazard Communication Program
CSHOs shall review the employer's written hazard communication program to determine if all applicable requirements of paragraph (e) have been addressed. The HCS obligates all employers, including those on multi-employer worksites, who may expose their employees (or employees of other employers) to hazardous chemicals to develop a written program.

1. Inspection Guidelines.
a. The written program should be reviewed first, prior to ascertaining whether the elements of the program have been implemented in the workplace. In general, the written program should consider the following elements, where applicable:

(1) Labels and Other Forms of Warning.
* Designation of person(s) responsible for ensuring labeling of in-plant containers.
* Designation of person(s) responsible for ensuring labeling on shipped containers.
* Description of labeling system(s) used.
* Description of written alternatives to labeling of in-plant containers, where applicable.
* Procedures to review and update label information when necessary.

(2) Material Safety Data Sheets.
* Designation of person(s) responsible for obtaining/maintaining the MSDSs.
* How the data sheets are to be maintained (e.g., in notebooks in the work area(s), in a pick-up truck at the jobsite, via telefax), procedures on how to retrieve MSDSs electronically, including back-up systems to be used in the event of failure of the electronic equipment, and how employees obtain access to the MSDSs.
* Procedures to follow when the MSDS is not received at the time of the first shipment.
* For chemical manufacturers or importers, procedures for updating the MSDS when new and significant health information is found.

(3) Training.
* Designation of person(s) responsible for conducting training.
* Format of the program to be used (audiovisuals, classroom instruction, etc.).
* Elements of the training program--check to see if the written program addresses how the duties outlined in (h)(2) and (h)(3) will be met.
* Procedures to train new employees at the time of their initial assignment and to train employees when a new hazard is introduced into the workplace.
* Procedures to train employees regarding new hazards to which they may be exposed when working on or near another employer's worksite (i.e., hazards introduced by other employers).

(4) Additional Topics To Be Reviewed.
* Is a list of the hazardous chemicals part of the written program?
* Are methods the employer will use to inform employees of the hazards of non-routine tasks outlined? Do those methods include procedures regarding how employees will be informed of potential hazards at other worksites they may visit and at multi-employer worksites?
* Are employees informed of the hazards associated with chemicals contained in unlabeled pipes in their work areas?
* Does the written plan include the methods the employer will use on multi-employer worksites to provide other employers with on-site access to MSDSs?
* Does the plan include the methods the employer will use at multi-employer worksites to inform other employers of any precautionary measures that need to be taken to protect employees?
* For multi-employer workplaces, are the methods the employer will use to inform the other employer(s) of the labeling system used clearly described?
* Is the written program made available to employees and their designated representatives upon request?

2. Citation Guidelines
Generally, all violations of paragraph (e) shall be grouped with the violated element(s) listed in the subparagraphs of (e) and/or violations of paragraphs (f), (g), and (h) as appropriate, since (e)(1) is the only provision under paragraph (e) which addresses the development, implementation and maintenance of the written hazard communication program.

Labels and Other Forms of Warning
Labels or other markings on each container must include the identity and appropriate hazard warnings, including target organ effects of the hazardous chemical. Labels on shipped containers must also include the name and address of the chemical manufacturer, importer, or other responsible party.

3. Inspection Guidelines
a. CSHOs shall determine that containers are labeled, that the labels are legible, and that the labels are prominently displayed.
b. Labels must be in English. Labels and MSDS's may also be printed in additional languages.
c. The CSHO shall determine whether the label identity can be cross-referenced with the MSDS and the list of hazardous chemicals.
d. CSHOs must consider alternate labeling provisions (for example tags or markings) for containers which are of unusual shape or proportion and do not easily accommodate a legible label.
e. CSHOs shall evaluate the effectiveness of in-plant labeling systems through a review of the employer's training program and MSDS procedures. Such evaluation shall include interviews with employees to determine their familiarity with the hazards associated with chemicals in their workplace. An effective labeling system is one that ensures that employees are aware of the hazardous effects (including target organ effects) of the chemicals to which they are potentially exposed. (See Appendix A for a discussion of effective labeling systems.)

Material Safety Data Sheets
The standard requires chemical manufacturers and importers to develop or obtain a material safety data sheet for each hazardous chemical they produce or import.
4. Inspection Guidelines. CSHOs shall evaluate the compliance status of this provision by examining a sample of MSDSs to determine that the MSDSs have been obtained or developed and prepared in accordance with the requirements of paragraphs (g)(2)-(5) of the standard and to ensure that the information regarding the health and physical hazards is accurate. If MSDSs are not updated when new information becomes available, the initial hazard determination performed by the chemical manufacturer or importer is deficient.
a. The following items shall be considered when reviewing MSDSs:
* Do employers have an MSDS for each hazardous chemical used?
* Does each MSDS contain information which adequately addresses at least the 12 elements required by the standard
* Are all sections of the MSDS accurately completed?
b. The CSHO shall ensure compliance with the MSDS transmission provisions of the standard by reviewing the chemical manufacturer's, importer's, or distributor's program for transmitting the MSDSs (including updated MSDSs) to downstream customers.

5. Citation Guidelines.
Citations shall be issued to the employer only when MSDSs or labels are missing. Citations to manufacturers or importers for incomplete or inaccurate MSDSs or labels shall include an abatement requirement for the transmittal of corrected MSDSs or labels to all customers with the next shipment of the chemical.
a. On MEW, citations for violations of (g)(8) of the standard shall be issued to the employer responsible for making the MSDS(s) readily accessible, as discussed below. A citation for violation of (e)(2)(i) shall be issued if an employer fails to include the methods by which the employer will inform other employers about on-site access to data sheets.
(1) For example, if an employer on a multi-employer worksite brings hazardous chemicals onto that site and fails to inform other employers about the presence of those chemicals and/or the availability of the MSDS(s), that employer shall be cited for violation of (g)(8) grouped with (e)(2)(i).
(2) Controlling Employer. If the employer uses a general contractor or other employer as an intermediary for storage of the MSDS(s), and that intermediate employer has agreed to hold and provide ready access to the MSDS(s), then the intermediate employer becomes the controlling employer, and is responsible for ensuring the availability of the MSDS(s).
(3) The controlling employer (e.g., general contractor) shall, therefore, normally be cited for violation of (g)(8) if the MSDS(s) are not available; however:
(4) If the MSDS(s) are not available because the subcontractor failed to make them readily accessible, then the subcontractor shall be cited for violation of (g)(8).

The above is a extract from the OSHA document. For full detail please make reference to http://www.osha.gov/

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