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SAFETY BULLETIN / April - June 2006

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employee's right to know - by chris hall, Safety Specialist
The most common OSHA violation for employers is the failure to follow the rules set by the Hazard Communication Standard (HCS). Also referred to as “Right to Know,” this program is intended to inform employers and employees of the dangers associated with the different chemical products used or stored on site. The Hazard Communication Standard specifies that employers are required to provide training to their employees on these dangers, and make available the appropriate reference materials. In short, employees should be able to learn anything they would like to know about any chemical product that is used or stored at their facility.

For most employers this is no easy task. Depending on the number of chemical products, work areas, and employees, meeting the requirements of the HCS could prove to be extremely complex and time consuming. This article is intended to provide a brief explanation of the Hazard Communication Standard and what it takes to stay in compliance.

To better understand the Hazard Communication Standard it is easiest to divide it into five essential categories:

  1. The Written Plan
  2. Chemical inventory
  3. Material Safety Data Sheets (MSDS)
  4. Proper Labeling and Hazard Warnings
  5. Employee Training

In any business environment it is commonly stated that “If it is not documented, it didn’t happen.” This is especially true when it comes to a Hazard Communication Plan. The written plan is designed to be a guide for how a business is going to meet the regulatory requirements of the HCS and a reference for the management of the program’s specific components, listed above. The written program must be made available for review by any employee at any time. As mentioned in the beginning of this review, the complete lack of this written program is a commonly cited OSHA violation and without it, the employees don’t know that they NEED to know.

One thing employees need to know is what chemicals they are using or may become exposed to. Each facility must have a listing of the all of the hazardous chemicals that are used and stored on-site. This list must be maintained and updated when new products are acquired. This master list is important to not only keep track of what is there, but also to ensure that the appropriate Material Safety Data Sheets are also on-site and available for employee review at any time.

Material Safety Data Sheets (MSDS) are one of the most valuable tools in the HCS. These may be obtained from the manufacturer or distributor and are required to contain almost everything about a chemical product; manufacturer’s information, chemical composition, physical hazards and properties, health effects, first aid and emergency response procedures, and personal protection equipment requirements. MSDS’s must be made available to any employee who desires to review them. Many businesses are now finding it useful to create a supplemental electronic MSDS database. In the event of an emergency, it is easier to use a desktop computer to find a document than to dig through a book with possibly hundreds of pages.

Just as it is important to have an MSDS for each hazardous chemical, it is also crucial that all chemical containers are properly marked and labeled. This is required to identify each product for use and convey the hazards of the material. Manufacturers and distributors of chemicals are required to properly label or mark containers with their company name and business address, contents of the container, and applicable hazard warnings. It is the responsibility to the employer to ensure that all chemicals retain their labeling or are marked accordingly. Employees must know how to read the labels and also apply them when necessary.

Employee training is an annual requirement that brings the Hazard Communication Standard’s requirements together. Training must be organized to explain details of the “Right to Know” program and how their jobs are affected by the use of these hazardous chemicals. It is important to inform the employees on the location, availability, and usefulness of Material Safety Data Sheets. Other topics that must be covered include: methods to detect hazardous releases or exposures, health hazards and physical properties of chemicals in use, personal protection equipment and environmental controls used to limit exposure, and an explanation and proper use of hazard labels. An effective and comprehensive training program will meet the requirements of the HCS and provide valuable information to your employees that may prevent a disaster or save lives.

The Hazard Communication Standard is intended to inform all employers and employees of the hazards associated with the chemical products that may affect them. Uninformed businesses and employees are more likely to be the cause and victim of accidents. They will also be unprepared to respond to such an incident. Failure to meet any or all of the Hazard Communication requirements is OSHA’s number one violation, and it will continue to be the primary topic of enforcement because of the millions of workers affected and the numerous associated injuries and fatalities.

More information regarding the Hazard Communication Standard may be found on the OSHA website.

 
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