Employee Right To Know - Hazard Communication Program

Purpose

The purpose of this document is to establish uniform requirements to ensure that the hazards of all chemicals handled, used, and/or stored in the workplace are classified and that this hazard information is communicated and understood by all affected workers by means of Globally Harmonized System (GHS) labeling, safety data sheets (SDSs), and worker safety training. These procedures will be followed as applicable by all affected faculty, staff, student employees, contractors, and volunteers at The College of St. Scholastica. 

Chemical exposure may cause or contribute to many serious health effects such as heart ailments, kidney and lung damage, sterility, cancer, burns, and rashes. Some chemicals are also safety hazards and have the potential to cause fires, explosions, and/or other serious accidents.

Scope

This document applies to all faculty, staff, student employees, contractors, and volunteers at The College of St. Scholastica. 

Responsibilities

1. Employees
   1. Employees who work with hazardous chemicals are responsible for:
      • Attending and participating in initial and annual training
      • Reading and understanding safety data sheets (SDSs) prior to using hazardous chemicals and following safety instructions, including wearing personal protective equipment (PPE) required by the SDSs
      • Following The College’s chemical labeling procedures
      • Label all secondary containers and cap/seal when not in use.
      • Informing their supervisor when adequate labeling or SDSs are missing, of if there are any concerns or questions
      • Reporting all workplace injuries, chemical exposure incidents, or unsafe work conditions to supervisors as soon as possible
   2. Chemistry faculty are not covered by this ERTK Hazard Communication Plan, and are instead covered by the Laboratory Chemical Hygiene Plan. 
2. Occupational Safety, Health, and Emergency Management (OSH&EM) Director
   1. The OSH&EM Director will serve as the program administrator. The program administrator is responsible for the development and administration of the Hazard Communication Program and has full authority to make necessary decisions to ensure its success and has the complete authority to halt any operations where there is a risk of worker injury associated with the use of any chemical in the workplace. 
   2. The program administrator will review and evaluate this Hazard Communication Program on an annual basis, as changes occur to the OSHA standards that mandate review, if there is an accident or near miss related to chemical usage/exposure, or any time the program contents do not appear to be adequate.
   3. In addition, the program administrator will:
   • Train workers to recognize and interpret labels, warnings, color-coding, and signs, etc. that are affixed to containers
   • Train workers to understand the elements of a safety data sheet (SDS)
   • Train workers in the safe use, handling, and storage of hazardous chemicals
   • Communicate to contractors the hazards to which their workers may have exposure and ensure that contractors employ appropriate safeguards for their work
   • Assist supervisors with the review of routine and non-routine tasks that involve hazardous chemicals and develop appropriate safeguards for performance of those tasks
   • Conduct periodic inspections to ensure work practices are being adhered to
   • Ensure completion of first reports of injury for worker illnesses or injuries caused by exposure to hazardous chemicals. Investigate and document any chemical injuries, exposures, or accidents
   • Ensure proper medical consultations and examinations for workers who suspect overexposure to hazardous chemicals and maintain medical records relating to consultations, examinations, and medical surveillance as required by law
   • Provide, as necessary, chemical information to state and local regulatory agencies
   • Maintain records to document compliance with the program
3. Supervisors
   1. Supervisors and managers have the responsibility for ensuring that this program is implemented properly within their assigned department(s) and being familiar with the tasks performed and chemicals used within their department(s).
   2. In addition, Supervisors will:
      • Evaluate work areas to identify hazardous substances used
      • Review routine and non-routine tasks that involve hazardous chemicals and develop appropriate safeguards for performance of those tasks
      • Implement measures to minimize or eliminate worker exposure to hazardous chemicals within work areas for which they have responsibility
      • Maintain a current inventory and conducting an annual review of all chemicals used within work areas for which they have responsibility
      • Compile safety data sheets (SDSs) for all chemicals used within areas under their supervision and ensuring the SDSs are available to all workers in these areas during their work shift
      • Ensure that all hazardous chemicals in their work areas are appropriately labeled to meet GHS requirements
      • Use of all hazardous chemicals is restricted by the supervisor until the chemicals are appropriately labeled
      • Train workers to recognize and interpret labels, warnings, color-coding, and signs, etc. that are affixed to containers; understand the elements of a safety data sheet (SDS); how to safely use, handle, and store hazardous chemicals; and understand potential exposures, appropriate work procedures and personal protective equipment (PPE), and appropriate responses to accidental exposure within the work environment
      • Provide and maintain appropriate personal protective equipment (PPE) as required by the SDS and ensure the proper usage of PPE by workers
      • Ensure eyewash stations and emergency showers are available where necessary
      • Ensure workers have access to the written Hazard Communication Program
      • Assist with investigation and documentation any chemical injuries, exposures, or accidents
      • Communicate to contractors the hazards to which their workers are exposed within work areas for which they have responsibility

Procedures

Inventory of Hazardous Chemicals

1. The Program Administrator will develop and maintain an inventory of the hazardous chemicals known to be present in the workplace. All hazardous chemicals used or stored on-site will be identified and their common uses, quantity, and location documented. 
2. This inventory should be organized by using the product identifier that is referenced on the safety data sheet (SDS). 
3. The list will be compiled for the workplace as a whole and may also be compiled for individual work areas.

Annual Chemical Review

1. The Program Administrator will ensure that the inventory of The College’s hazardous chemicals is easily accessible and available to our workers at all times. 
2. At least annually, the Program Administrator will initiate a review of all chemicals purchased, used, and/or stored to verify that they are on the current inventory of hazardous chemicals; that the SDS information is current; and that training, labeling, and recordkeeping requirements are being met. 
3. When new chemicals are brought into the workplace, the inventory will be updated, SDSs will be obtained and made accessible, and labeling requirements will be met. 
4. When the use or storage of a chemical is discontinued, the Program Administrator or designated associate will continue to maintain the SDS for recordkeeping purposes and add the product to a list of obsolete Safety Data Sheets.

Safety Data Sheets (SDS)

• The SDS (formerly “Material Safety Data Sheet”or “MSDS”) is a detailed information bulletin prepared by the manufacturer or importer of a chemical that describes the physical and chemical properties, physical and health hazards, routes of exposure, precautions for safe handling and use, emergency and first-aid procedures, and control measures. 
• The information in an SDS must be presented in a uniform format using 16 headings in specific order. Information on an SDS aids in the selection of safe products and helps prepare employers and workers to respond effectively to daily exposure situations as well as to emergency situations.
  • Section 1 Identification - Product name, use, manufacturer, and emergency phone number
  • Section 2 Hazard identification - Physical, health, and environmental hazards, GHS standard and transport pictograms, and hazard and precautionary statements 
  • Section 3 Composition/information on ingredients - Chemical makeup of the product
  • Section 4 First-aid measures - How to treat chemical exposures such as contact with the eyes and skin, inhalation, or ingestion 
  • Section 5 Firefighting measures - Identifies appropriate and inappropriate fire extinguisher agents to be used in the event of a fire, the exposure hazards, the combustion products, and the personal protection to be worn by firefighters
  • Section 6 Accidental release measures - Personal and environmental precautions, and spill cleanup procedures
  • Section 7 Handling and storage - Procedures for safe handling and storage
  • Section 8 Exposure controls/personal protection - Exposure limits, monitoring requirements, and control and protection methods
  • Section 9 Physical and chemical properties - Various properties of the substance, such as appearance, odor, flash     point, specific gravity, flammability limits and vapor density are listed.
  • Section 10 Stability and reactivity - Stability, hazardous decomposition products, conditions to avoid, and incompatible materials
  • Section 11 Toxicological information - Routes of entry to the human body as well as the symptoms and health effects of     exposure 
  • Section 12* Ecological information - Hazards to plants or animals and adverse environmental effects
  • Section 13* Disposal considerations - Details how to safely dispose of the chemical
  • Section 14* Transport information - Proper shipping name, hazard class, UN Identification Number, Transport Label     required, and other information required for transporting the product
  • Section 15* Regulatory information - Documents the chemical’s classification under federal regulations and may include applicable state and international regulations as well as European Union classification and EU risk and safety phrases.
  • Section 16 Other information - Chemical manufacturers may provide information not found in the first 15 sections such as manufacturer’s e-mail address, the intended use of product, what agency issued the data sheet, date of issue, and full explanation of risk and safety phrases.

* These sections are not mandated or enforced by OSHA. However, manufacturers, exporters, and distributors will likely include this information on SDSs.

• Supervisors will ensure that required safety data sheets (SDSs) are obtained and retained for each hazardous chemical used or stored by The College. They must ensure that it is readily accessible to all workers, designated representatives, and OSHA officials.
• SDSs for cleaning and maintenance chemicals will be maintained in binders near the work area.
• Chemicals for which the SDS has not yet been received will not be used by a worker until the SDS is obtained and reviewed.

Container Labeling

1. Supervisors are responsible for ensuring compliant container labeling.
   • Verifying that all containers in which hazardous chemicals are received or stored are prominently labeled, tagged, or marked in legible English with the required information.
   • Ensuring that labels on incoming containers of hazardous chemicals are legible and not removed or defaced at any time unless immediately replaced with a compliant in- house label.
   • Ensuring that secondary containers used for regular storage and use of chemicals also meet labeling storage requirements.
   • If workers do not understand English, ensure that labels provide information in a language they understand.
2. Exceptions to workplace container labeling requirements include the following:
   • Portable containers holding hazardous chemicals intended for immediate use by the worker who transferred the chemical from its original container and which are under the complete control of that worker at all times. 
   • Only those chemicals classified as “immediate use” are exempt from the labeling procedures described above. “Immediate use” means the hazardous chemical is under the control of, and used only by, the person who transfers it from an original labeled container, and only for the work shift in which it was transferred.
3. When signs, placards, process sheets, batch tickets, operating procedures, or other such written materials are used in lieu of affixing labels to individual stationary process containers, the alternative method must identify the containers to which it is applicable and convey the information required to be on a label. 
4. The College must also ensure that labels and supplemental materials are readily accessible to the workers in their work area throughout each work shift in a language they understand.

Task Review

1. It is important that employees understand the hazards presented by chemicals used or stored by The College. The Program Administrator will oversee development and maintenance of written procedures detailing appropriate actions and safeguards for control of all hazardous chemical exposures. The Program Administrator will review any new procedure involving hazardous chemicals for potential exposure hazards.
2. All procedure reviews and approvals will occur before introducing a chemical into work processes. The written procedures will include:
   1. Specific chemical hazards
   2. Personal protective equipment or safety measures a worker must use to protect against these hazards
   3. Measures taken to lessen the hazards including ventilation, respirators, and emergency procedures
   4. Methods and observation techniques used to determine the presence or release of hazardous chemicals in the work area

Contractor Communication

1. Before beginning any work in the facility, The College will ensure that contractors and their workers have been provided with:
   • A list of hazardous chemicals to which they may be exposed while in the facility
   • A description of protective measures needed or provided to prevent hazardous exposure
   • Information regarding where the SDSs are located and any necessary safety precautions
   • An opportunity to answer any safety or health related questions
2. Additionally, if a contractor introduces hazardous chemicals into The College work space, the contractor will be required to identify each chemical, provide an SDS for each chemical, and ensure the chemical is appropriately labeled. The contractor must have their own written Hazard Communication Program and must have trained its workers. Our management and workers have a right to examine SDSs of products used by contractors.
3. Contractors are expected to share applicable SDSs with the OSH&EM director and the work area supervisor via email or paper copy. 

Training Requirements

1. All employees affected by these procedures must be given training on the procedures, and given the opportunity to ask questions prior to beginning work. 
2. The Program Administrator or designated supervisor(s) will ensure that Hazard Communication Program training is provided to all workers at the time of their initial assignment, whenever new chemicals are introduced into their work area or when a worker is transferred into a new work area. 
3. A refresher training will be provided to affected employees annually. 
4. Training is required for full-time, part-time, and temporary workers.

Job Specific Training and Education

1. The Program Administrator or designated supervisor(s) will ensure:
   • Workers who work with or are potentially exposed to hazardous chemicals while performing routine and non- routine hazard job duties are informed of the chemical hazards. It is acceptable to put the chemicals into categories (e.g. herbicides, pesticides, fertilizers, etc.) for instructional purposes if it is more convenient and adequate to ensure that workers fully understand the hazards of each chemical used. 
   • It is permissible to provide general instructions for each hazard category or provide instructions specific to each chemical, again, provided that workers fully understand the hazards of each chemical used. Chemical-specific information must always be available through labels and safety data sheets.
   • Worker training sessions should include the following:
     • Describe operations in the workers’ work area where hazardous chemicals are present.
     • The physical, health, simple asphyxiation, combustible dust and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area.
     • Indicate the location and availability of the written Hazard Communication Program including the inventory of hazardous chemicals; explanation of the labels received on shipped containers and the workplace labeling system used by The College; and the SDS, including the order of information and how workers can obtain and use the appropriate hazard information.
     • Encourage workers to familiarize themselves with the chemicals they use and to update themselves as new or revised SDSs arrive which is done before a worker works with a chemical to ensure maximum understanding and worker protection.
     • An explanation of what an SDS is, how to read an SDS (e.g., what information each section contains and where to look for specific information), and where SDSs are located.
     • An explanation of how to relate information on SDSs to the information on container labels (e.g., physical properties and health hazards).
     • An explanation of steps taken to protect workers including the use of personal protective equipment (PPE), why PPE is important, and the SDS section detailing the PPE for each chemical.
     • An explanation of safe handling procedures for the chemicals the workers may have exposure to and where the information is referenced on the SDS.
     • The measures workers can take to protect themselves from these hazards, including specific procedures The College has implemented to protect workers from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.
     • An explanation of the hazard pictograms found on labels and any caution signs or other warning signs used in the work area.
     • Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (e.g., monitoring conducted by the employer, continuous monitoring devices, and visual appearance or odor of hazardous chemicals when being released).
     • Identify and describe the potential hazards associated with non-routine tasks before the workers go to work on the task.
     • Emergency procedures to follow when hazardous chemicals are involved.

Record Retention

1. All written and electronic records produced by the procedures in this document will be maintained in accordance with the document retention procedures of The College of St. Scholastica. 
2. The Program Administrator is responsible for maintaining the following records:
   • The Hazard Communication Program document
   • A current and complete inventory of hazardous chemicals
   • SDSs corresponding to the current inventory of hazardous chemicals
   • An SDS obsolete file that includes an index of all obsolete hazardous chemicals and their corresponding SDSs (retention requirement is not less than 30 years), the dates of use and the date the chemical was removed from the facility, and the location(s) where the obsolete chemical was used or stored
   • Results of the annual chemical review (retention requirement is not less than 3 years)
   • Written training records for each worker detailing the extent of training received and the date it was received (retention requirement is duration of employment)

Deviation from Procedure

1. Any deviation from this procedure must have prior written approval from the Occupational Safety, Health & Emergency Management Director. Procedure deviations will only be approved on rare occurrences with thorough pre-planning and justification. 
2. Deviations due to process improvements require an update to this written procedure prior to implementation. 

Definitions

• Chemical: any substance, or mixture of substances.
• Chemical Manufacturer: an employer with a workplace where chemical(s) are produced for use or distribution.
• Chemical Name: the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that will clearly identify the chemical for the purpose of conducting a hazard classification.
• Classification: to identify the relevant data regarding the hazards of a chemical; review those data to ascertain the hazards associated with the chemical; and decide whether the chemical will be classified as hazardous according to the definition of hazardous chemical in this section. In addition, classification for health and physical hazards includes the determination of the degree of hazard, where appropriate, by comparing the data with the criteria for health and physical hazards.
• Common Name: any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
• Container: any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
• Designated Representative: any individual or organization to which a worker gives written authorization to exercise such worker’s rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written worker authorization.
• Distributor: a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
• Employee: a worker who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies. Workers such as office workers or bank tellers who encounter hazardous chemicals only in non-routine, isolated instances are not covered.
• Employer: a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.
• Exposure or Exposed: that a worker is subjected in the course of employment to a chemical that is a physical or health hazard, and includes potential (e.g. accidental or possible) exposure. Subjected in terms of health hazards includes any route of entry (e.g. inhalation, ingestion, skin contact or absorption.)
• Foreseeable Emergency: any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace.
• Hazard Category: the division of criteria within each hazard class, e.g., oral acute toxicity and flammable liquids include four hazard categories. These categories compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.
• Hazard Class: the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.
• Hazard Not Otherwise Classified (HNOC): an adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in this section. This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).Hazard statement means a statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard.
• Hazardous Chemical: any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.
• Health Hazard: means a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to §1910.1200—Health Hazard Criteria.
• Immediate Use: the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.
• Importer: the first business with workers within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States.
• Label: an appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging.
• Label Elements: the specified pictogram, hazard statement, signal word and precautionary statement for each hazard class and category.
• Mixture: means a combination or a solution composed of two or more substances in which they do not react.
• Physical Hazard: a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. See Appendix B to §1910.1200—Physical Hazard Criteria.
• Pictogram: a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category.
• Precautionary Statement: a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical or improper storage or handling.
• Produce: to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
• Product Identifier: the name or number used for a hazardous chemical on a label or in the SDS. It provides a unique means by which the user can identify the chemical. The product identifier used shall permit cross-references to be made among the list of hazardous chemicals required in the written hazard communication program, the label and the SDS.
• Pyrophoric Gas: a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.
• Responsible Party: someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
• Safety Data Sheet (SDS): written or printed material concerning a hazardous chemical that is prepared in accordance with GHS requirements.
• Signal Word: a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in this section are “danger” and “warning.” “Danger” is used for the more severe hazards, while “warning” is used for the less severe.
• Simple Asphyxiant: a substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death.
• Specific Chemical Identity: the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
• Substance: chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurities deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
• Trade Secret: any confidential formula, pattern, process, device, information or compilation of information that is used in an employer’s business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. Also see Appendix E to §1910.1200—Definition of Trade Secret.
• Use: to package, handle, react, emit, extract, generate as a byproduct, or transfer.
• Work Area: a room or defined space in a workplace where hazardous chemicals are produced or used, and where workers are present.
• Workplace: an establishment, job site, or project, at one geographical location containing one or more work areas.

References

• 29 CFR 1910.1200 Hazard Communication
• MN Rule 5206 Hazardous Substances; Employee Right to Know
• University of Minnesota Hazard Communication Program