Hazard Communication

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« Hazard Communication Modification of the Hazard Communication Standard (HCS) to conform with the United Nations' (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

Questions and Answers

Q. What is the Globally Harmonized System?

A. The Globally Harmonized System (GHS) is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets. The GHS was negotiated in a multi-year process by hazard communication experts from many different countries, international organizations, and stakeholder groups. It is based on major existing systems around the world, including OSHA's Hazard Communication Standard and the chemical classification and labeling systems of other US agencies.

The result of this negotiation process is the United Nations' document entitled "Globally Harmonized System of Classification and Labeling of Chemicals," commonly referred to as The Purple Book. This document provides harmonized classification criteria for health, physical, and environmental hazards of chemicals. It also includes standardized label elements that are assigned to these hazard classes and categories, and provide the appropriate signal words, pictograms, and hazard and precautionary statements to convey the hazards to users. A standardized order of information for safety data sheets is also provided. These recommendations can be used by regulatory authorities such as OSHA to establish mandatory requirements for hazard communication, but do not constitute a model regulation.

Q. Why did OSHA decide to modify the Hazard Communication Standard to adopt the GHS?

A. OSHA has modified the Hazard Communication Standard (HCS) to adopt the GHS to improve safety and health of workers through more effective communications on chemical hazards. Since it was first promulgated in 1983, the HCS has provided employers and employees extensive information about the chemicals in their workplaces. The original standard is performance-oriented, allowing chemical manufacturers and importers to convey information on labels and material safety data sheets in whatever format they choose. While the available information has been helpful in improving employee safety and health, a more standardized approach to classifying the hazards and conveying the information will be more effective, and provide further improvements in American workplaces. The GHS provides such a standardized approach, including detailed criteria for determining what hazardous effects a chemical poses, as well as standardized label elements assigned by hazard class and category. This will enhance both employer and worker comprehension of the hazards, which will help to ensure appropriate handling and safe use of workplace chemicals. In addition, the safety data sheet requirements establish an order of information that is standardized. The harmonized format of the safety data sheets will enable employers, workers, health professionals, and emergency responders to access the information more efficiently and effectively, thus increasing their utility.

Adoption of the GHS in the US and around the world will also help to improve information received from other countries—since the US is both a major importer and exporter of chemicals, American workers often see labels and safety data sheets from other countries. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information effectively. For example, labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Given the differences in hazard classification criteria, labels may also be incorrect when used in other countries. If countries around the world adopt the GHS, these problems will be minimized, and chemicals crossing borders will have consistent information, thus improving communication globally.

Q. What is the phase-in period in the revised Hazard Communication Standard?

A. The table below summarizes the phase-in dates required under the revised Hazard Communication Standard (HCS):

Effective Completion Requirement(s) Who Date December 1, 2013 Train employees on the new label elements and safety data sheet (SDS) Employers format. June 1, 2015* Compliance with all modified provisions of this final rule, except: Chemical manufacturers, importers, distributors and December 1, 2015 The Distributor shall not ship containers labeled by the chemical manufacturer employers or importer unless it is a GHS label June 1, 2016 Update alternative workplace labeling and hazard communication program as Employers necessary, and provide additional employee training for newly identified physical or health hazards. Transition Period to the May comply with either 29 CFR 1910.1200 (the final standard), or the current Chemical manufacturers, effective completion dates standard, or both importers, distributors, and noted above employers

*This date coincides with the EU implementation date for classification of mixtures

During the phase-in period, employers would be required to be in compliance with either the existing HCS or the revised HCS, or both. OSHA recognizes that hazard communication programs will go through a period of time where labels and SDSs under both standards will be present in the workplace. This will be considered acceptable, and employers are not required to maintain two sets of labels and SDSs for compliance purposes.

Q. Why must training be conducted prior to the compliance effective date?

A. OSHA is requiring that employees are trained on the new label elements (i.e., pictograms, hazard statements, precautionary statements, and signal words) and SDS

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format by December 1, 2013, while full compliance with the final rule will begin in 2015. OSHA believes that American workplaces will soon begin to receive labels and SDSs that are consistent with the GHS, since many American and foreign chemical manufacturers have already begun to produce HazCom 2012/GHS-compliant labels and SDSs. It is important to ensure that when employees begin to see the new labels and SDSs in their workplaces, they will be familiar with them, understand how to use them, and access the information effectively. For more information, http://www.osha.gov/dsg/hazcom/effectivedates.html.

Q. What are the major changes to the Hazard Communication Standard?

A. The three major areas of change are in hazard classification, labels, and safety data sheets.

Hazard classification: The definitions of hazard have been changed to provide specific criteria for classification of health and physical hazards, as well as classification of mixtures. These specific criteria will help to ensure that evaluations of hazardous effects are consistent across manufacturers, and that labels and safety data sheets are more accurate as a result. Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided. Safety Data Sheets: Will now have a specified 16-section format.

The GHS does not include harmonized training provisions, but recognizes that training is essential to an effective hazard communication approach. The revised Hazard Communication Standard (HCS) requires that workers be re- trained within two years of the publication of the final rule to facilitate recognition and understanding of the new labels and safety data sheets.

For a side-by-side comparison of the current HCS and the final revised HCS please see OSHA's hazard communication safety and health topics webpage at: http://www.osha.gov/dsg/hazcom/index.html

Q. What Hazard Communication Standard provisions are unchanged in the revised HCS?

A. The revised Hazard Communication Standard (HCS) is a modification to the existing standard. The parts of the standard that did not relate to the GHS (such as the basic framework, scope, and exemptions) remained largely unchanged. There have been some modifications to terminology in order to align the revised HCS with language used in the GHS. For example, the term "hazard determination" has been changed to "hazard classification" and "material safety data sheet" was changed to "safety data sheet." OSHA stakeholders commented on this approach and found it to be appropriate.

Q. How will chemical hazard evaluation change under the revised Hazard Communication Standard?

A. Under both the current Hazard Communication Standard (HCS) and the revised HCS, an evaluation of chemical hazards must be performed considering the available scientific evidence concerning such hazards. Under the current HCS, the hazard determination provisions have definitions of hazard and the evaluator determines whether or not the data on a chemical meet those definitions. It is a performance-oriented approach that provides parameters for the evaluation, but not specific, detailed criteria. The hazard classification approach in the revised HCS is quite different. The revised HCS has specific criteria for each health and physical hazard, along with detailed instructions for hazard evaluation and determinations as to whether mixtures or substances are covered. It also establishes both hazard classes and hazard categories—for most of the effects; the classes are divided into categories that reflect the relative severity of the effect. The current HCS does not include categories for most of the health hazards covered, so this new approach provides additional information that can be related to the appropriate response to address the hazard. OSHA has included the general provisions for hazard classification in paragraph (d) of the revised rule, and added extensive appendixes (Appendixes A and B) that address the criteria for each health or physical effect.

Q. How will labels change under the revised Hazard Communication Standard?

A. Under the current Hazard Communication Standard (HCS), the label preparer must provide the identity of the chemical, and the appropriate hazard warnings. This may be done in a variety of ways, and the method to convey the information is left to the preparer. Under the revised HCS, once the hazard classification is completed, the standard specifies what information is to be provided for each hazard class and category. Labels will require the following elements:

Pictogram: 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. Each pictogram consists of a different symbol on a white background within a red square frame set on a point (i.e. a red diamond). There are nine pictograms under the GHS. However, only eight pictograms are required under the HCS. Signal words: a single 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 are "danger" and "warning." "Danger" is used for the more severe hazards, while "warning" is used for less severe hazards. Hazard Statement: 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. Precautionary Statement: a phrase that describes recommended measures to be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling of a hazardous chemical.

Q. What pictograms are required in the revised Hazard Communication Standard? What hazard does each identify?

A. There are nine pictograms under the GHS to convey the health, physical and environmental hazards. The final Hazard Communication Standard (HCS) requires eight of these pictograms, the exception being the environmental pictogram, as environmental hazards are not within OSHA's jurisdiction. The hazard pictograms and their corresponding hazards are shown below. HCS Pictograms and Hazards Health Hazard Flame Exclamation Mark

• Carcinogen • Flammables • Irritant (skin and eye) • Mutagenicity • Pyrophorics • Skin Sensitizer • Reproductive Toxicity • Self-Heating • Acute Toxicity (harmful) • Respiratory Sensitizer • Emits Flammable Gas • Narcotic Effects • Target Organ Toxicity • Self-Reactives • Respiratory Tract Irritant • Aspiration Toxicity • Organic Peroxides • Hazardous to Ozone Layer (Non Mandatory) Gas Cylinder Corrosion Exploding Bomb

• Gases under Pressure • Skin Corrosion/ burns • Explosives • Eye Damage • Self-Reactives

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• Corrosive to Metals • Organic Peroxides Flame over Circle Environment Skull and Crossbones (Non Mandatory)

• Oxidizers • Aquatic Toxicity • Acute Toxicity (fatal or toxic)

Q. Can I use a black border on pictograms for domestic shipment?

A. Under the revised Hazard Communication Standard (HCS), pictograms must have red borders. OSHA believes that the use of the red frame will increase recognition and comprehensibility. Therefore, the red frame is required regardless of whether the shipment is domestic or international.

Q. Will OSHA allow blank red borders?

A. The revised Hazard Communication Standard (HCS) requires that all red borders printed on the label have a symbol printed inside it. If OSHA were to allow blank red borders, workers may be confused about what they mean and concerned that some information is missing. OSHA has determined that prohibiting the use of blank red borders on labels is necessary to provide the maximum recognition and impact of warning labels and to ensure that users do not get desensitized to the warnings placed on labels.

Q. When must label information be updated?

A. In the revised Hazard Communication Standard (HCS), OSHA is lifting the stay on enforcement regarding the provision to update labels when new information on hazards becomes available. Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within six months of becoming aware of the new information, and shall ensure that labels on containers of hazardous chemicals shipped after that time contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer, importer, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again.

Q. How will workplace labeling provisions be changing under the revised Hazard Communication Standard?

A. The current standard provides employers with flexibility regarding the type of system to be used in their workplaces and OSHA has retained that flexibility in the revised Hazard Communication Standard (HCS). Employers may choose to label workplace containers either with the same label that would be on shipped containers for the chemical under the revised rule, or with label alternatives that meet the requirements for the standard. Alternative labeling systems such as the National Fire Protection Association (NFPA) 704 Hazard Rating and the Hazardous Material Information System (HMIS) are permitted for workplace containers. However, the information supplied on these labels must be consistent with the revised HCS, e.g., no conflicting hazard warnings or pictograms.

Q. How is the Safety Data Sheet (SDS) changing under the revised Hazard Communication Standard?

A. The information required on the safety data sheet (SDS) will remain essentially the same as that in the current standard (HazCom 1994). HazCom 1994 indicates what information has to be included on an SDS, but does not specify a format for presentation or order of information. The revised Hazard Communication Standard (HazCom 2012) requires that the information on the SDS be presented using specific headings in a specified sequence.

Paragraph (g) of the final rule provides the headings of information to be included on the SDS and the order in which they are to be provided. In addition, Appendix D provides the information to be included under each heading. The SDS format is the same as the ANSI standard format which is widely used in the U.S. and is already familiar to many employees.

The format of the 16-section SDS should include the following sections:

Section 1. Identification Section 2. Hazard(s) identification Section 3. Composition/information on ingredients Section 4. First-Aid measures Section 5. Fire-fighting measures Section 6. Accidental release measures Section 7. Handling and storage Section 8. Exposure controls/personal protection Section 9. Physical and chemical properties Section 10. Stability and reactivity Section 11. Toxicological information Section 12. Ecological information Section 13. Disposal considerations Section 14. Transport information Section 15. Regulatory information Section 16. Other information, including date of preparation or last revision

The SDS must also contain Sections 12-15, to be consistent with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Although the headings for Sections 12-15 are mandatory, OSHA will not enforce the content of these four sections because these sections are within other agencies' jurisdictions.

Q. Will TLVs be required on the Safety Data Sheet (SDS)?

A. OSHA is retaining the requirement to include the American Conference of Government Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) on the safety data sheet (SDS) in the revised Standard. OSHA finds that requiring TLVs on the SDS will provide employers and employees with useful information to help them assess the hazards presented by their workplaces. In addition to TLVs, OSHA permissible exposure limits (PELs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet are also required.

Q. May the International Agency for Research on Cancer (IARC) and the National Toxicology Program (NTP) lists be used to make carcinogen classifications?

A. In the revised Hazard Communication Standard (HCS), OSHA has provided classifiers with the option of relying on the classification listings of IARC and NTP to make classification decisions regarding carcinogenicity, rather than applying the criteria themselves. OSHA believes that this will make classification easier for classifiers, as well as lead to greater consistency. In addition, OSHA has provided in non-mandatory Appendix F of the revised rule, guidance on hazard classification for carcinogenicity. Part A of Appendix F includes background guidance provided by GHS based on the Preamble of the IARC "Monographs on the Evaluation of Carcinogenic Risks to Humans" (2006). Part B provides IARC classification information. Part C provides background guidance from the National NTP "Report on Carcinogens" (RoC), and Part D is a table

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that compares GHS carcinogen hazard categories to carcinogen classifications under IARC and NTP, allowing classifiers to be able to use information from IARC and NTP RoC carcinogen classifications to complete their classifications under the GHS, and thus the HCS.

Q. Will the International Agency for Research on Cancer (IARC) and the National Toxicology Program (NTP) classifications be required on the Safety Data Sheet (SDS)?

A. OSHA has retained the requirement to include IARC and NTP classifications on safety data sheets (SDSs). Therefore, if a chemical is listed as a carcinogen by either IARC or NTP, it must be noted on the SDS. Additionally, if OSHA finds a chemical to be a carcinogen, it must be noted on the SDS as well.

Q. How has OSHA addressed hazards covered under the current Hazard Communication Standard that have not been addressed by the GHS?

A. In the Notice of Proposed Rulemaking (NPRM), OSHA proposed to include hazards currently covered under the Hazard Communication Standard (HCS) that have yet to be addressed by the GHS (OSHA provided several examples: simple asphyxiants, and combustible dust) in a separate category called "Unclassified Hazards". In response to comments from the regulated community, OSHA has renamed the category to "Hazards Not Otherwise Classified (HNOC)" to minimize confusion. In the final HCS, HNOC hazards will not be required to be disclosed on the label but will be required to be disclosed in section 2 of the Safety Data Sheet (SDS). This reflects how GHS recommends these hazards should be disclosed. Chemical manufacturers and importers are expected to assess these hazards when they are conducting their hazard evaluation of physical and health hazards. A new or separate evaluation is not required. Also in the final standard, in response to comments, OSHA has removed pyrophoric gases, simple asphyxiants, and combustible dust from the HNOC hazard category and has addressed these chemicals individually (see question below for more information on each hazard).

Q. How has OSHA addressed pyrophoric gases, simple asphyxiants, and combustible dust?

A. In the revised Hazard Communication Standard (HCS), OSHA has added pyrophoric gases, simple asphyxiants and combustible dust to the definition of "hazardous chemical". OSHA has also added definitions to the revised HCS for pyrophoric gases and simple asphyxiants, and provided guidance on how to define combustible dust for the purposes of complying with the HCS.

Pyrophoric gases: OSHA has retained the definition for pyrophoric gases from the current HCS. Pyrophoric gases must be addressed both on container labels and SDSs. OSHA has provided label elements for pyrophoric gases which include the signal word "danger" and the hazard statement "catches fire spontaneously if exposed to air".

Simple asphyxiants: OSHA has revised the definition of simple asphyxiants that was proposed in the Notice of Proposed Rulemaking (NPRM) as a result of comments from the regulated community. In the final HCS, simple asphyxiants must be labeled where appropriate, and be addressed on SDSs. OSHA has provided label elements for simple asphyxiants which include the signal word "warning" and the hazard statement "may displace oxygen and cause rapid suffocation".

Combustible dust: OSHA has not provided a definition for combustible dust to the final HCS given ongoing activities in the specific rulemaking, as well as in the United Nations Sub- Committee of Experts on the GHS (UN/SCEGHS). However, guidance is being provided through existing documents, including the Combustible Dust National Emphasis Program Directive CPL 03-00-008, which includes an operative definition, as well as provides information about current responsibilities in this area. In addition, there are a number of voluntary industry consensus standards (particularly those of the NFPA) that address combustible dust.

In the final HCS, combustible dust hazards must be addressed on labels and SDSs. Label elements are provided for combustible dust in the final HCS and include the signal word "warning" and the hazard statement "May form combustible dust concentrations in the air".

For chemicals in a solid form that do not present a combustible dust hazard, but may form combustible dusts while being processed in normal downstream uses, paragraph (f)(4) of the HCS allows the chemical manufacturer some flexibility in labeling requirements. The manufacturer or importer to may transmit the label to the customer at the time of the initial shipment, but the label does not need to be included with subsequent shipments unless it changes. This provides the needed information to the downstream users on the potential hazards in the workplace, while acknowledging that the solid metal or other materials do not present the same hazards that are produced when these materials are processed under normal conditions of use.

Q: How many businesses and workers would be affected by the revised Hazard Communication Standard?

A: OSHA estimates that over 5 million workplaces in the United States would be affected by the revised Hazard Communication Standard (HCS). These are all those workplaces where employees—a total of approximately 43 million of them—could be exposed to hazardous chemicals. Included among these 5 million workplaces are an estimated 90,000 establishments that create hazardous chemicals; these chemical producers employ almost 3 million workers.

Q: What are the estimated overall costs for industry to comply with the revised Hazard Communication Standard?

A: The revised Hazard Communications Standard's (HCS) total cost, an estimated $201 million a year on an annualized basis for the entire United States, is the sum of four major cost elements. (1) OSHA estimates that the cost of classifying chemical hazards in accordance with the GHS criteria and revising safety data sheets and labels to meet new format and content requirements would be $22.5 million a year on an annualized basis. (2) OSHA estimates that training for employees to become familiar with new warning symbols and the revised safety data sheet format under GHS would cost $95.4 million a year on an annualized basis. (3) OSHA estimated annualized costs of $59 million a year for management to become familiar with the new GHS system and to engage in other management-related activities as may be necessary for industry's adoption of GHS. (4) OSHA estimated annualized costs of $24.1 million for printing packaging and labels for hazardous chemicals in color.

Q: What are the estimated benefits attributable to the revised Hazard Communication Standard?

A: OSHA expects that the modifications to the Hazard Communication Standard (HCS) will result in increased safety and health for the affected employees and reduce the numbers of accidents, fatalities, injuries, and illnesses associated with exposures to hazardous chemicals. The GHS revisions to the HCS standard for labeling and safety data sheets would enable employees exposed to workplace chemicals to more quickly obtain and to more easily understand information about the hazards associated with those chemicals. In addition, the revisions to HCS are expected to improve the use of appropriate exposure controls and work practices that can reduce the safety and health risks associated with exposure to hazardous chemicals.

OSHA estimates that the revised HCS will result in the prevention of 43 fatalities and 585 injuries and illnesses (318 non-lost-workday injuries and illnesses, 203 lost- workday injuries and illnesses, and 64 chronic illnesses) annually. The monetized value of this reduction in occupational risks is an estimated $250 million a year on an annualized basis.

OSHA estimates that the revised HCS will result in savings of $475.2 million from productivity improvements for health and safety managers and logistics personnel, $32.2 million during periodic updating of SDSs and labels, and $285.3 million from simplified hazard communication training.

OSHA anticipates that, in addition to safety and health benefits, the revised HCS will result in four types of productivity benefits: (1) for chemical manufacturers, because they will need to produce fewer SDSs in future years; (2) for employers, in providing training to new employees as required by the existing OSHA HCS through the improved consistency of the labels and SDSs. (3) for firms engaging in, or considering engaging in, international trade.

Q. I understand that the United Nations revises the GHS every two years. How will OSHA manage and communicate changes to the Hazard

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Communication Standard?

A. It is expected that the GHS will be a living document and is expected to remain up-to-date and relevant; therefore further changes may be adopted on a two year cycle. Presently most of the recent updates have been clarification of text. However, OSHA anticipates that future updates of the Hazard Communication Standard (HCS) may be necessary and can be done through various rulemaking options, including:

Technical updates for minor terminology changes, Direct Final Rules for text clarification, and Notice and Comment rulemaking for more substantive or controversial updates such as additional criteria or changes in health or safety hazard classes or categories.

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

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« Hazard Communication OSHA Brief Hazard Communication Standard: Safety Data Sheets

The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDSs) (formerly MSDSs or Material Safety Data Sheets) for each hazardous chemical to downstream users to communicate information on these hazards. The information contained in the SDS is largely the same as the MSDS, except now the SDSs are required to be presented in a consistent user-friendly, 16-section format. This brief provides guidance to help workers who handle hazardous chemicals to become familiar with the format and understand the contents of the SDSs.

The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English (although it may be in other languages as well). In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200. The SDS preparers may also include additional information in various section(s).

Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., fire fighting). This information should be helpful to those that need to get the information quickly. Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision. The SDS must also state that no applicable information was found when the preparer does not find relevant information for any required element.

The SDS must also contain Sections 12 through 15, to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

A description of all 16 sections of the SDS, along with their contents, is presented below:

Section 1: Identification

This section identifies the chemical on the SDS as well as the recommended uses. It also provides the essential contact information of the supplier. The required information consists of:

Product identifier used on the label and any other common names or synonyms by which the substance is known. Name, address, phone number of the manufacturer, importer, or other responsible party, and emergency phone number. Recommended use of the chemical (e.g., a brief description of what it actually does, such as flame retardant) and any restrictions on use (including recommendations given by the supplier). 1

Section 2: Hazard(s) Identification

This section identifies the hazards of the chemical presented on the SDS and the appropriate warning information associated with those hazards. The required information consists of:

The hazard classification of the chemical (e.g., flammable liquid, category1). Signal word. Hazard statement(s). Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol (e.g., skull and crossbones, flame). Precautionary statement(s). Description of any hazards not otherwise classified. For a mixture that contains an ingredient(s) with unknown toxicity, a statement describing how much (percentage) of the mixture consists of ingredient(s) with unknown acute toxicity. Please note that this is a total percentage of the mixture and not tied to the individual ingredient(s).

Section 3: Composition/Information on Ingredients

This section identifies the ingredient(s) contained in the product indicated on the SDS, including impurities and stabilizing additives. This section includes information on substances, mixtures, and all chemicals where a trade secret is claimed. The required information consists of:

Substances

Chemical name. Common name and synonyms.

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Chemical Abstracts Service (CAS) number and other unique identifiers. Impurities and stabilizing additives, which are themselves classified and which contribute to the classification of the chemical.

Mixtures

Same information required for substances. The chemical name and concentration (i.e., exact percentage) of all ingredients which are classified as health hazards and are: Present above their cut-off/concentration limits or Present a health risk below the cut-off/concentration limits. The concentration (exact percentages) of each ingredient must be specified except concentration ranges may be used in the following situations: A trade secret claim is made, There is batch-to-batch variation, or The SDS is used for a group of substantially similar mixtures.

Chemicals where a trade secret is claimed

A statement that the specific chemical identity and/or exact percentage (concentration) of composition has been withheld as a trade secret is required.

Section 4: First-Aid Measures

This section describes the initial care that should be given by untrained responders to an individual who has been exposed to the chemical. The required information consists of:

Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye contact, and ingestion). Description of the most important symptoms or effects, and any symptoms that are acute or delayed. Recommendations for immediate medical care and special treatment needed, when necessary.

Section 5: Fire-Fighting Measures

This section provides recommendations for fighting a fire caused by the chemical. The required information consists of:

Recommendations of suitable extinguishing equipment, and information about extinguishing equipment that is not appropriate for a particular situation. Advice on specific hazards that develop from the chemical during the fire, such as any hazardous combustion products created when the chemical burns. Recommendations on special protective equipment or precautions for firefighters.

Section 6: Accidental Release Measures

This section provides recommendations on the appropriate response to spills, leaks, or releases, including containment and cleanup practices to prevent or minimize exposure to people, properties, or the environment. It may also include recommendations distinguishing between responses for large and small spills where the spill volume has a significant impact on the hazard. The required information may consist of recommendations for:

Use of personal precautions (such as removal of ignition sources or providing sufficient ventilation) and protective equipment to prevent the contamination of skin, eyes, and clothing. Emergency procedures, including instructions for evacuations, consulting experts when needed, and appropriate protective clothing. Methods and materials used for containment (e.g., covering the drains and capping procedures). Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning or vacuuming; adsorbent materials; and/or equipment required for containment/clean up)

Section 7: Handling and Storage

This section provides guidance on the safe handling practices and conditions for safe storage of chemicals. The required information consists of:

Precautions for safe handling, including recommendations for handling incompatible chemicals, minimizing the release of the chemical into the environment, and providing advice on general hygiene practices (e.g., eating, drinking, and smoking in work areas is prohibited). Recommendations on the conditions for safe storage, including any incompatibilities. Provide advice on specific storage requirements (e.g., ventilation requirements)

Section 8: Exposure Controls/Personal Protection

This section indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure. The required information consists of:

OSHA Permissible Exposure Limits (PELs), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet, where available. Appropriate engineering controls (e.g., use local exhaust ventilation, or use only in an enclosed system). Recommendations for personal protective measures to prevent illness or injury from exposure to chemicals, such as personal protective equipment (PPE) (e.g., appropriate types of eye, face, skin or respiratory protection needed based on hazards and potential exposure). Any special requirements for PPE, protective clothing or respirators (e.g., type of glove material, such as PVC or nitrile rubber gloves; and breakthrough time of the glove material).

Section 9: Physical and Chemical Properties

This section identifies physical and chemical properties associated with the substance or mixture. The minimum required information consists of:

Appearance (physical state, color, etc.); Upper/lower flammability or explosive limits; Odor; Vapor pressure; Odor threshold; Vapor density; pH; Relative density; Melting point/freezing point; Solubility(ies); Initial boiling point and boiling range; Flash point; Evaporation rate; Flammability (solid, gas); Upper/lower flammability or explosive limits; Vapor pressure; Vapor density; Relative density; Solubility(ies); Partition coefficient: n-octanol/water; Auto-ignition temperature; Decomposition temperature; and Viscosity.

The SDS may not contain every item on the above list because information may not be relevant or is not available. When this occurs, a notation to that effect must be made for that chemical property. Manufacturers may also add other relevant properties, such as the dust deflagration index (Kst) for combustible dust, used to evaluate a dust's explosive potential

Section 10: Stability and Reactivity

This section describes the reactivity hazards of the chemical and the chemical stability information. This section is broken into three parts: reactivity, chemical stability, and other. The required information consists of:

Reactivity

Description of the specific test data for the chemical(s). This data can be for a class or family of the chemical if such data adequately represent the anticipated hazard of the chemical(s), where available.

Chemical stability

Indication of whether the chemical is stable or unstable under normal ambient temperature and conditions while in storage and being handled. Description of any stabilizers that may be needed to maintain chemical stability. Indication of any safety issues that may arise should the product change in physical appearance.

Other

Indication of the possibility of hazardous reactions, including a statement whether the chemical will react or polymerize, which could release excess pressure or heat, or create other hazardous conditions. Also, a description of the conditions under which hazardous reactions may occur. List of all conditions that should be avoided (e.g., static discharge, shock, vibrations, or environmental conditions that may lead to hazardous conditions). List of all classes of incompatible materials (e.g., classes of chemicals or specific substances) with which the chemical could react to produce a hazardous situation. List of any known or anticipated hazardous decomposition products that could be produced because of use, storage, or heating. (Hazardous combustion products should also be included in Section 5 (Fire-Fighting Measures) of the SDS.)

Section 11: Toxicological Information

This section identifies toxicological and health effects information or indicates that such data are not available. The required information consists of:

Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact). The SDS should indicate if the information is unknown. Description of the delayed, immediate, or chronic effects from short- and long-term exposure. The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50 (median lethal dose)) - the estimated amount [of a substance] expected to kill 50% of test animals in a single dose. Description of the symptoms. This description includes the symptoms associated with exposure to the chemical including symptoms from the lowest to the most severe exposure. Indication of whether the chemical is listed in the National Toxicology Program (NTP) Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions) or found to be a potential carcinogen by OSHA

Section 12: Ecological Information (non-mandatory)

This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment. The information may include:

Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants). Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis. Results of tests of bioaccumulation potential, making reference to the octanol-water partition coefficient (Kow) and the bioconcentration factor (BCF), where available. The potential for a substance to move from the soil to the groundwater (indicate results from adsorption studies or leaching studies). Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).

Section 13: Disposal Considerations (non-mandatory)

This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, this section should also refer the reader to Section 8 (Exposure Controls/Personal Protection) of the SDS. The information may include:

Description of appropriate disposal containers to use. Recommendations of appropriate disposal methods to employ. Description of the physical and chemical properties that may affect disposal activities. Language discouraging sewage disposal. Any special precautions for landfills or incineration activities

Section 14: Transport Information (non-mandatory)

This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea. The information may include:

UN number (i.e., four-figure identification number of the substance)1. UN proper shipping name1. Transport hazard class(es)1. Packing group number, if applicable, based on the degree of hazard2. Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)). Guidance on transport in bulk (according to Annex II of MARPOL 73/783 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code (IBC Code)). Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).

Section 15: Regulatory Information (non-mandatory)

This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the SDS. The information may include:

Any national and/or regional regulatory information of the chemical or mixtures (including any OSHA, Department of Transportation, Environmental Protection Agency, or Consumer Product Safety Commission regulations)

Section 16: Other Information

This section indicates when the SDS was prepared or when the last known revision was made. The SDS may also state where the changes have been made to the previous version. You may wish to contact the supplier for an explanation of the changes. Other useful information also may be included here.

Employer Responsibilities

Employers must ensure that the SDSs are readily accessible to employees for all hazardous chemicals in their workplace. This may be done in many ways. For example, employers may keep the SDSs in a binder or on computers as long as the employees have immediate access to the information without leaving their work area when needed and a back-up is available for rapid access to the SDS in the case of a power outage or other emergency. Furthermore, employers may want to designate a person(s) responsible for obtaining and maintaining the SDSs. If the employer does not have an SDS, the employer or designated person(s) should contact the manufacturer to obtain one. References

OSHA, 29 CFR 1910.1200(g) and Appendix D. United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), third revised edition, United Nations, 2009. These references and other information related to the revised Hazard Communication Standard can be found on OSHA's Hazard Communication Safety and Health Topics page, located at: http://www.osha.gov/dsg/hazcom/index.html.

Disclaimer: This brief provides a general overview of the safety data sheet requirements in the Hazard Communication Standard (see 29 CFR 1910.1200(g) and Appendix D of 29 CFR 1910.1200). It does not alter or determine compliance responsibilities in the standard or the Occupational Safety and Health Act of 1970. Since interpretations and enforcement policy may change over time, the reader should consult current OSHA interpretations and decisions by the Occupational Safety and Health Review Commission and the courts for additional guidance on OSHA compliance requirements. Please note that states with OSHA-approved state plans may have additional requirements for chemical safety data sheets, outside of those outlined above. For more information on those standards, please visit: http://www.osha.gov/dcsp/osp/statestandards.html.

This is one in a series of informational briefs highlighting OSHA programs, policies or standards. It does not impose any new compliance requirements. For a comprehensive list of compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory-impaired individuals upon request. The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

1 Chemical, as defined in the HCS, is any substance, or mixture of substances.

2 Found in the most recent edition of the United Nations Recommendations on the Transport of Dangerous Goods.

3 MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended

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DSG BR-3514 2/2012

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Hazard Communication Standard Final Rule

New changes to the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard are bringing the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), further improving safety and health protections for America's workers. Building on the success of OSHA's current Hazard Communication Standard, the GHS is expected to prevent injuries and illnesses, save lives and improve trade conditions for chemical manufacturers. The Hazard Communication Standard in 1983 gave the workers the ‘right to know,' but the new Globally Harmonized System gives workers the ‘right to understand.'

The new hazard communication standard still requires chemical manufacturers and importers to evaluate the chemicals they produce or import and provide hazard information to employers and workers by putting labels on containers and preparing safety data sheets. However, the old standard allowed chemical manufacturers and importers to convey hazard information on labels and material safety data sheets in whatever format they chose. The modified standard provides a single set of harmonized criteria for classifying chemicals according to their health and physical hazards and specifies hazard communication elements for labeling and safety data sheets.

Benefits: The new standard covers over 43 million workers who produce or handle hazardous chemicals in more than five million workplaces across the country. The modification is expected to prevent over 500 workplace injuries and illnesses and 43 fatalities annually. Once fully implemented it will also:

Enhance worker comprehension of hazards, especially for low and limited-literacy workers, reduce confusion in the workplace, facilitate safety training, and result in safer handling and use of chemicals; Provide workers quicker and more efficient access to information on the safety data sheets; Result in cost savings to American businesses of more than $475 million in productivity improvements, fewer safety data sheet and label updates and simpler new hazard communication training; and Reduce trade barriers by harmonizing with systems around the world.

Rulemaking background: OSHA published a Notice of Proposed Rulemaking to update the Hazard Communication Standard in September 2009 and held public hearings in March 2010.

Major changes to the Hazard Communication Standard:

Hazard classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures. Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category. Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information. Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.

Changes from the Proposed to the Final Rule: OSHA reviewed the record and revised the Final Rule in response to the comments submitted. Major changes include:

Maintaining the disclosure of exposure limits (Threshold Limit Values [TLVs]) established by the American Conference of Governmental Industrial Hygienists (ACGIH) and carcinogen status from nationally and internationally recognized lists of carcinogens on the safety data sheets; Clarification that the borders of pictograms must be red on the label; Flexibility regarding the required precautionary and hazard statements to allow label preparers to consolidate and/or eliminate inappropriate or redundant statements; and Longer deadlines for full implementation of the standard (see the chart below).

What you need to do and when:

Chemical users: Continue to update safety data sheets when new ones become available, provide training on the new label elements and update hazard communication programs if new hazards are identified. Chemical Producers: Review hazard information for all chemicals produced or imported, classify chemicals according to the new classification criteria, and update labels and safety data sheets.

Effective Completion Requirement(s) Who Date December 1, Train employees on the new label elements and SDS format. Employers 2013 June 1, Comply with all modified provisions of this final rule, except: 2015* Chemical manufacturers,

file:///O|/RISK%20SERVICES/IIPP/2013-14%20Meetings/Aug%2022/SDS%20Binders/Hazard%20Communication%20Standard%20Final%20Rule%20-%20Fact%20Sheet.htm[8/21/2013 4:12:05 PM] Hazard Communication Standard Final Rule - Fact Sheet

importers, distributors and Distributors may ship products labeled by manufacturers under the old system until December 1, employers December 1, 2015. 2015 Update alternative workplace labeling and hazard communication program as June 1, 2016 necessary, and provide additional employee training for newly identified physical or Employers health hazards. All chemical manufacturers, Transition Comply with either 29 CFR 1910.1200 (this final standard), or the current standard, or importers, distributors and Period both. employers

* This date coincides with the European Union implementation date for classification of mixtures.

Other U.S. Agencies: The Department of Transportation (DOT), Environmental Protection Agency, and the Consumer Product Safety Commission actively participated in developing the GHS. DOT has already modified its requirements for classification and labeling to make them consistent with United Nations transport requirements and the new globally harmonized system.

Global implementation: The new system is being implemented throughout the world by countries including Canada, the European Union, China, Australia, and Japan.

Additional information: More information on the hazard communication standard, including the link to the Federal Register notice, can be found on OSHA's hazard communication safety and health topics page at www.osha.gov/dsg/hazcom/index.html.

A part of the U.S. Department of Labor, OSHA has been preventing injuries and illnesses and saving lives since 1971. For more information go to www.osha.gov.

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

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Hazard Communication Safety Data Sheets

The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, or importers to provide Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) to communicate the hazards of hazardous chemical products. As of June 1, 2015, the HCS will require new SDSs to be in a uniform format, and include the section numbers, the headings, and associated information under the headings below:

Section 1, Identification includes product identifier; manufacturer or distributor name, address, phone number; emergency phone number; recommended use; restrictions on use.

Section 2, Hazard(s) identification includes all hazards regarding the chemical; required label elements.

Section 3, Composition/information on ingredients includes information on chemical ingredients; trade secret claims.

Section 4, First-aid measures includes important symptoms/ effects, acute, delayed; required treatment.

Section 5, Fire-fighting measures lists suitable extinguishing techniques, equipment; chemical hazards from fire.

Section 6, Accidental release measures lists emergency procedures; protective equipment; proper methods of containment and cleanup.

Section 7, Handling and storage lists precautions for safe handling and storage, including incompatibilities.

Section 8, Exposure controls/personal protection lists OSHA's Permissible Exposure Limits (PELs); Threshold Limit Values (TLVs); appropriate engineering controls; personal protective equipment (PPE).

Section 9, Physical and chemical properties lists the chemical's characteristics.

Section 10, Stability and reactivity lists chemical stability and possibility of hazardous reactions.

Section 11, Toxicological information includes routes of exposure; related symptoms, acute and chronic effects; numerical measures of toxicity.

Section 12, Ecological information*

Section 13, Disposal considerations*

Section 14, Transport information*

Section 15, Regulatory information*

Section 16, Other information, includes the date of preparation or last revision.

*Note: Since other Agencies regulate this information, OSHA will not be enforcing Sections 12 through 15(29 CFR 1910.1200(g)(2)).

Employers must ensure that SDSs are readily accessible to employees. See Appendix D of 1910.1200 for a detailed description of SDS contents.

For more information: www.osha.gov

(800) 321-OSHA (6742) U.S. Department of Labor

file:///O|/RISK%20SERVICES/IIPP/2013-14%20Meetings/Aug%2022/SDS%20Binders/Hazard%20Communication%20Safety%20Data%20Sheet%20Quick%20Card.htm[8/21/2013 4:14:31 PM] Hazard Communication Safety Data Sheet Quick Card

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

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Hazard Communication Standard Labels

OSHA has updated the requirements for labeliing of hazardous chemicals under its Hazard Communication Standard (HCS). As of June 1, 2015, all labels will be required to have pictograms, a signal word, hazard and precautionary statements, the product identifier, and supplier identification. A sample revised HCS label, identifying the required label elements, is shown on the right. Supplemental information can also be provided on the label as needed.

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SAMPLE LABEL

PRODUCT IDENTIFIER HAZARD PICTOGRAMS CODE ______Product Name ______

SUPPLIER IDENTIFICATION Company Name______SIGNAL WORD Street Address ______Danger City ______State ______HAZARD STATEMENT Postal Code ______Country ______Emergency Phone Number ______Highly flammable liquid and vapor. May cause liver and kidney damage. PRECAUTIONARY STATEMENTS SUPPLEMENTAL INFORMATION Keep container tightly closed. Store in cool, well ventilated place that is locked. Directions for use Keep away from heat/sparks/open flame. No ______smoking. ______Only use non-sparking tools. ______Use explosion-proof electrical equipment. Fill weight: ______Lot Number Take precautionary measure against static ______discharge. Gross weight: ______Fill Date: ______Ground and bond container and receiving Expiration Date: ______equipment. Do not breathe vapors. Wear Protective gloves. Do not eat, drink or smoke when using this product. Wash hands thoroughly after handling. Dispose of in accordance with local, regional, national, international regulations as specified. In Case of Fire: use dry chemical (BC) or Carbon dioxide (CO2) fire extinguisher to extinguish. First Aid If exposed call Poison Center. If on skin (on hair): Take off immediately any contaminated clothing. Rinse skin with water.

file:///O|/RISK%20SERVICES/IIPP/2013-14%20Meetings/Aug%2022/SDS%20Binders/Hazard%20Communication%20Labeling%20Quick%20Card.htm[8/21/2013 4:12:31 PM] Hazard Communication Labeling Quick Card

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

file:///O|/RISK%20SERVICES/IIPP/2013-14%20Meetings/Aug%2022/SDS%20Binders/Hazard%20Communication%20Labeling%20Quick%20Card.htm[8/21/2013 4:12:31 PM] Hazard Communication Standard Pictogram

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Hazard Communication Standard Pictogram

As of June 1, 2015, the Hazard Communication Standard (HCS) will require pictograms on labels to alert users of the chemical hazards to which they may be exposed. Each pictogram consists of a symbol on a white background framed within a red border and represents a distinct hazard(s). The pictogram on the label is determined by the chemical hazard classification. HCS Pictograms and Hazards Health Hazard Flame Exclamation Mark

Carcinogen Flammables Irritant (skin and eye) Mutagenicity Pyrophorics Skin Sensitizer Reproductive Toxicity Self-Heating Acute Toxicity Respiratory Sensitizer Emits Flammable Gas Narcotic Effects Target Organ Toxicity Self-Reactives Respiratory Tract Irritant Aspiration Toxicity Organic Peroxides Hazardous to Ozone Layer (Non-Mandatory)

Gas Cylinder Corrosion Exploding Bomb

Gases Under Pressure Skin Corrosion/Burns Explosives Eye Damage Self-Reactives Corrosive to Metals Organic Peroxides

Flame Over Circle Environment Skull and Crossbones (Non-Mandatory)

Oxidizers Aquatic Toxicity Acute Toxicity (fatal or toxic)

For more information: Occupational Safety and Health Administration U.S. Department of Labor www.osha.gov (800) 321-OSHA (6742)

OSHA 3491-02 2012

U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY: 877-889-5627 www.OSHA.gov

file:///O|/RISK%20SERVICES/IIPP/2013-14%20Meetings/Aug%2022/SDS%20Binders/Hazard%20Communication%20Standard%20Pictogram.htm[8/21/2013 4:17:48 PM] FactSheet December 1st, 2013 Training Requirements for the Revised Hazard Communication Standard OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and published it in the Federal Register in March 2012 (77 FR 17574). Two significant changes contained in the revised standard require the use of new labeling elements and a standardized format for Safety Data Sheets (SDSs), formerly known as, Material Safety Data Sheets (MSDSs). The new label elements and SDS requirements will improve worker understanding of the hazards associated with the chemicals in their workplace. To help companies comply with the revised standard, OSHA is phasing in the specific requirements over several years (December 1, 2013 to June 1, 2016).

The first compliance date of the revised HCS and “Warning.” Within a specific hazard is December 1, 2013. By that time employers class, “Danger” is used for the more severe must have trained their workers on the new hazards and “Warning” is used for the label elements and the SDS format. This training less severe hazards. There will only be one is needed early in the transition process since signal word on the label no matter how workers are already beginning to see the new many hazards a chemical may have. If one labels and SDSs on the chemicals in their of the hazards warrants a “Danger” signal workplace. To ensure employees have the word and another warrants the signal word information they need to better protect themselves “Warning,” then only “Danger” should from chemical hazards in the workplace during appear on the label. the transition period, it is critical that employees ✓ Pictogram: OSHA’s required pictograms understand the new label and SDS formats. must be in the shape of a square set at a The list below contains the minimum required point and include a black hazard symbol topics for the training that must be completed by on a white background with a red frame December 1, 2013. sufficiently wide enough to be clearly visible. A square red frame set at a point  Training on label elements must include without a hazard symbol is not a pictogram information on: and is not permitted on the label. OSHA • Type of information the employee would has designated eight pictograms under expect to see on the new labels, including the this standard for application to a hazard ✓ Product identifier: how the hazardous category. chemical is identified. This can be (but is ✓ Hazard statement(s): describe the nature not limited to) the chemical name, code of the hazard(s) of a chemical, including, number or batch number. The manufacturer, where appropriate, the degree of hazard. importer or distributor can decide the For example: “Causes damage to kidneys appropriate product identifier. The same through prolonged or repeated exposure product identifier must be both on the label when absorbed through the skin.” All of and in Section 1 of the SDS (Identification). the applicable hazard statements must ✓ Signal word: used to indicate the relative appear on the label. Hazard statements may level of severity of hazard and alert the be combined where appropriate to reduce reader to a potential hazard on the label. redundancies and improve readability. The There are only two signal words, “Danger” hazard statements are specific to the hazard classification categories, and chemical users ✓ For example, the employee should be should always see the same statement instructed that with the new format, Section for the same hazards, no matter what the 8 (Exposure Controls/Personal Protection) chemical is or who produces it. will always contain information about ✓ Precautionary statement(s): means a phrase exposure limits, engineering controls and that describes recommended measures ways to protect yourself, including personal that should be taken to minimize or prevent protective equipment. adverse effects resulting from exposure to a • How the information on the label is related to hazardous chemical or improper storage or the SDS handling. ✓ For example, explain that the precautionary ✓ Name, address and phone number of the statements would be the same on the label chemical manufacturer, distributor, or and on the SDS. importer As referenced in Dr. Michaels’ OSHA Training • How an employee might use the labels in the Standards Policy Statement (April 28, 2010) – workplace. For example, with all training, OSHA requires employers to ✓ Explain how information on the label can be present information in a manner and language used to ensure proper storage of hazardous that their employees can understand. If employers chemicals. customarily need to communicate work ✓ Explain how the information on the label instructions or other workplace information to might be used to quickly locate information employees in a language other than English, they on first aid when needed by employees or will also need to provide safety and health training emergency personnel. to employees in the same manner. Similarly, if the • General understanding of how the elements employee’s vocabulary is limited, the training must work together on a label. For example, account for that limitation. By the same token, if ✓ Explain that where a chemical has multiple employees are not literate, telling them to read hazards, different pictograms are used to training materials will not satisfy the employer’s identify the various hazards. The employee training obligation. should expect to see the appropriate pictogram for the corresponding hazard OSHA’s Hazard Communication website (http:// class. www.osha.gov/dsg/hazcom/index.html) has the ✓ Explain that when there are similar following QuickCards and OSHA Briefs to assist precautionary statements, the one providing employers with the required training. the most protective information will be • Label QuickCard (English/Spanish) included on the label. • Pictogram QuickCard (English/Spanish)  Training on the format of the SDS must include • Safety Data Sheet QuickCard (English) information on: (Spanish) • Standardized 16-section format, including • Safety Data Sheet OSHA Brief the type of information found in the various • Label/Pictogram OSHA Brief (to come) sections

This is one in a series of informational fact sheets highlighting OSHA programs, policies or standards. It does not impose any new compliance requirements. For a comprehensive list of compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory-impaired individuals upon request. The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

DSG FS-3642 02/2013 BRIEF Hazard Communication Standard: Labels and Pictograms

OSHA has adopted new hazardous chemical standard also requires the use of a 16-section labeling requirements as a part of its recent safety data sheet format, which provides revision of the Hazard Communication detailed information regarding the chemical. Standard, 29 CFR 1910.1200 (HCS), bringing There is a separate OSHA Brief on SDSs it into alignment with the United Nations’ that provides information on the new SDS Globally Harmonized System of Classification requirements. and Labelling of Chemicals (GHS). These changes will help ensure improved quality and All hazardous chemicals shipped after June 1, consistency in the classification and labeling 2015, must be labeled with specified elements of all chemicals, and will also enhance worker including pictograms, signal words and hazard comprehension. As a result, workers will and precautionary statements. However, have better information available on the safe manufacturers, importers, and distributors handling and use of hazardous chemicals, may start using the new labeling system in the thereby allowing them to avoid injuries and revised HCS before the June 1, 2015 effective illnesses related to exposures to hazardous date if they so choose. Until the June 1, 2015 chemicals. effective date, manufacturers, importers and distributors may maintain compliance with The revised HCS changes the existing Hazard the requirements of HazCom 1994 or the Communication Standard (HCS/HazCom 19941) revised standard. Distributors may continue from a performance-based standard to one to ship containers labeled by manufacturers that has more structured requirements for the or importers (but not by the distributor labeling of chemicals. The revised standard themselves) in compliance with the HazCom requires that information about chemical 1994 until December 1, 2015. hazards be conveyed on labels using quick visual notations to alert the user, providing This document is designed to inform chemical immediate recognition of the hazards. Labels receivers, chemical purchasers, and trainers must also provide instructions on how to about the label requirements. It explains the handle the chemical so that chemical users are new labeling elements, identifies what goes on informed about how to protect themselves. a label, and describes what pictograms are and how to use them. The label provides information to the workers on the specific hazardous chemical. While Label Requirements labels provide important information for Labels, as defined in the HCS, are an anyone who handles, uses, stores, and appropriate group of written, printed or transports hazardous chemicals, they are graphic informational elements concerning a limited by design in the amount of information hazardous chemical that are affixed to, printed they can provide. Safety Data Sheets (SDSs), on, or attached to the immediate container which must accompany hazardous chemicals, of a hazardous chemical, or to the outside are the more complete resource for details packaging. regarding hazardous chemicals. The revised The HCS requires chemical manufacturers, 1 Prior to the 2012 update, the Hazard Communication importers, or distributors to ensure that each Standard had last been amended in 1994. ‘HazCom container of hazardous chemicals leaving the 1994’ refers to the version of the Hazard Communi- workplace is labeled, tagged or marked with cation Standard in effect directly prior to the 2012 revision, printed in the 1995 through 2011 versions of the following information: product identifier; the Code of Federal Regulations. It is also available on signal word; hazard statement(s); precautionary OSHA’s webpage. 1 statement(s); and pictogram(s); and name, alert the reader to a potential hazard on address and telephone number of the chemical the label. There are only two words used manufacturer, importer, or other responsible as signal words, “Danger” and “Warning.” party. Within a specific hazard class, “Danger” is used for the more severe hazards and Labels for a hazardous chemical must contain: “Warning” is used for the less severe hazards. There will only be one signal • Name, Address and Telephone Number word on the label no matter how many • Product Identifier hazards a chemical may have. If one of the hazards warrants a “Danger” signal • Signal Word word and another warrants the signal word • Hazard Statement(s) “Warning,” then only “Danger” should • Precautionary Statement(s) appear on the label. • Pictogram(s) • Hazard Statements describe the nature of the hazard(s) of a chemical, including, To develop labels under the revised HCS, where appropriate, the degree of hazard. manufacturers, importers and distributors For example: “Causes damage to kidneys must first identify and classify the chemical through prolonged or repeated exposure hazard(s). Appendices A, B, and C are all when absorbed through the skin.” All of mandatory. The classification criteria for health the applicable hazard statements must hazards are in Appendix A and the criteria for appear on the label. Hazard statements may physical hazards are presented in Appendix be combined where appropriate to reduce B of the revised Hazard Communication redundancies and improve readability. Standard. After classifying the hazardous The hazard statements are specific to chemicals, the manufacturer, importer or the hazard classification categories, and distributor then consults Appendix C to chemical users should always see the same determine the appropriate pictograms, statement for the same hazards no matter signal words, and hazard and precautionary what the chemical is or who produces it. statement(s), for the chemical label. Once this information has been identified and gathered, • Precautionary Statements describe then a label may be created. recommended measures that should be taken to minimize or prevent adverse effects Label Elements resulting from exposure to the hazardous The HCS now requires the following elements chemical or improper storage or handling. on labels of hazardous chemicals: There are four types of precautionary statements: prevention (to minimize • Name, Address and Telephone Number exposure); response (in case of accidental of the chemical manufacturer, importer or spillage or exposure emergency response, other responsible party. and first-aid); storage; and disposal. For example, a chemical presenting a specific • Product Identifier is how the hazardous target organ toxicity (repeated exposure) chemical is identified. This can be (but hazard would include the following on the is not limited to) the chemical name, label: “Do not breathe dust/fume/gas/mist/ code number or batch number. The vapors/spray. Get medical advice/attention manufacturer, importer or distributor can if you feel unwell. Dispose of contents/ decide the appropriate product identifier. container in accordance with local/regional/ The same product identifier must be both national and international regulations.” on the label and in section 1 of the SDS. A forward slash (/) designates that • Signal Words are used to indicate the the classifier can choose one of the relative level of severity of the hazard and precautionary statements. In the example

2 above, the label could state, “Do not it can demonstrate that the statement is breathe vapors or spray. Get medical inappropriate. attention if you feel unwell. Dispose of • Supplementary Information. The contents in accordance with local/regional/ label producer may provide additional national/international regulations.” See instructions or information that it deems Examples 1 and 2A of this document as an helpful. It may also list any hazards not example. otherwise classified under this portion of the label. This section must also identify In most cases, the precautionary the percentage of ingredient(s) of unknown statements are independent. However, acute toxicity when it is present in a OSHA does allow flexibility for applying concentration of ≥1% (and the classification precautionary statements to the label, such is not based on testing the mixture as a as combining statements, using an order of whole). If an employer decides to include precedence or eliminating an inappropriate additional information regarding the statement. chemical that is above and beyond what the standard requires, it may list this Precautionary statements may be information under what is considered combined on the label to save on space “supplementary information.” There is also and improve readability. For example, no required format for how a workplace “Keep away from heat, spark and open label must look and no particular format flames,” “Store in a well-ventilated place,” an employer has to use; however, it cannot and “Keep cool” may be combined to read: contradict or detract from the required “Keep away from heat, sparks and open information. flames and store in a cool, well-ventilated place.” Where a chemical is classified for a An example of an item that may be number of hazards and the precautionary considered supplementary is the personal statements are similar, the most stringent protective equipment (PPE) pictogram statements must be included on the label. indicating what workers handling the In this case, the chemical manufacturer, chemical may need to wear to protect importer, or distributor may impose themselves. For example, the Hazardous an order of precedence where phrases Materials Information System (HMIS) concerning response require rapid action pictogram of a person wearing goggles to ensure the health and safety of the may be listed. Other supplementary exposed person. In the self-reactive hazard information may include directions of use, category Types C, D, E or F, three of the four expiration date, or fill date, all of which may precautionary statements for prevention provide additional information specific to are: the process in which the chemical is used.

• “Keep away from heat/sparks/open • Pictograms are graphic symbols used flame/hot surfaces. - No Smoking.”; to communicate specific information about the hazards of a chemical. On • “Keep/Store away from clothing/…/ hazardous chemicals being shipped or combustible materials”; transported from a manufacturer, importer or distributor, the required pictograms • “Keep only in original container.” consist of a red square frame set at a point with a black hazard symbol on a white These three precautionary statements background, sufficiently wide to be clearly could be combined to read: “Keep in visible. A square red frame set at a point original container and away from heat, without a hazard symbol is not a pictogram open flames, combustible materials and and is not permitted on the label. hot surfaces. - No Smoking.” The pictograms OSHA has adopted Finally, a manufacturer or importer may improve worker safety and health, conform eliminate a precautionary statement if with the GHS, and are used worldwide.

3 While the GHS uses a total of nine DOT requirements set forth in 49 CFR 172, pictograms, OSHA will only enforce the use Subpart E. If a label has a DOT transport of eight. The environmental pictogram is pictogram, Appendix C.2.3.3 states that the not mandatory but may be used to provide corresponding HCS pictogram shall not additional information. Workers may appear. However, DOT does not view the see the ninth symbol on a label because HCS pictogram as a conflict and for some label preparers may choose to add the international trade both pictograms may need environment pictogram as supplementary to be present on the label. Therefore, OSHA information. Figure 1 shows the symbol intends to revise C.2.3.3. In the meantime, for each pictogram, the written name the agency will allow both DOT and HCS for each pictogram, and the hazards pictograms for the same hazard on a label. associated with each of the pictograms. While the DOT diamond label is required for all Most of the symbols are already used for hazardous chemicals on the outside shipping transportation and many chemical users containers, chemicals in smaller containers may be familiar with them. inside the larger shipped container do not require the DOT diamond but do require the Figure 1: Pictograms and Hazards OSHA pictograms. (See Example 2.)

Labels must be legible, in English, and prominently displayed. Other languages may be displayed in addition to English. Chemical manufacturers, importers, and distributors who become newly aware of any significant information regarding the hazards of a chemical must revise the label within six months.

Employer Responsibilities Employers are responsible for maintaining the labels on the containers, including, but not limited to, tanks, totes, and drums. This means that labels must be maintained on chemicals in a manner which continues to be legible and the pertinent information (such as the hazards and directions for use) does not get defaced (i.e., fade, get washed off) or removed in any way.

The employer is not responsible for updating labels on shipped containers, even if the shipped containers are labeled under HazCom 1994. The employer must relabel items if the labels are removed or defaced. However, if the employer is aware of newly-identified hazards that are not disclosed on the label, the employer must ensure that the workers are aware of the hazards as discussed below under It is important to note that the OSHA workplace labels. pictograms do not replace the diamond- shaped labels that the U.S. Department of Workplace Labels Transportation (DOT) requires for the transport OSHA has not changed the general of chemicals, including chemical drums, requirements for workplace labeling. chemical totes, tanks or other containers. Employers have the option to create their own Those labels must be on the external part workplace labels. They can either provide of a shipped container and must meet the all of the required information that is on the

4 label from the chemical manufacturer or, the information as discussed above. An employer product identifier and words, pictures, symbols using NFPA or HMIS labeling must, through or a combination thereof, which in combination training, ensure that its employees are fully with other information immediately available aware of the hazards of the chemicals used. to employees, provide specific information regarding the hazards of the chemicals. If an employer transfers hazardous chemicals from a labeled container to a portable If an employer has an in-plant or workplace container that is only intended for immediate system of labeling that meets the requirements use by the employee who performs the of HazCom 1994, the employer may continue transfer, no labels are required for the portable to use this system in the workplace as long container. as this system, in conjunction with other information immediately available to the Sample Labels employees, provides the employees with The following examples demonstrate how the information on all of the health and a manufacturer or importer may display physical hazards of the hazardous chemical. the appropriate information on the label. As This workplace labeling system may include mentioned above, once the manufacturer signs, placards, process sheets, batch tickets, determines the classification of the chemical operating procedures, or other such written (class and category of each hazard) using materials to identify hazardous chemicals. Any Appendices A and B, it would determine the of these labeling methods or a combination required pictograms, signal words, hazard thereof may be used instead of a label from the statements, and precautionary statements manufacturer, importer or distributer as long using Appendix C. The final step is to put the as the employees have immediate access to information on the label. all of the information about the hazards of the chemical. Workplace labels must be in English. The examples below show what a sample Other languages may be added to the label if label might look like under the revised HCS applicable. requirements. The examples break the labeling out into “steps” to show the order of If the employer chooses to use the pictograms information gathering and how label creation that appear in Appendix C on the workplace (or occurs. Step 1 is performing classification; step in-plant) labels, these pictograms may have a 2 is gathering full label information; and step 3 black border, rather than a red border. is creating the label.

Employers may use additional instructional These examples are for informational symbols that are not included in OSHA’s purposes only and are not meant to represent HCS pictograms on the workplace labels. An the only labels manufacturers, importers and example of an instructional pictogram is a distributors may create for these hazards. person with goggles, denoting that goggles must be worn while handling the given chemical. Including both types of pictograms on workplace labels is acceptable. The same is true if the employer wants to list environmental pictograms or PPE pictograms from the HMIS to identify protective measures for those handling the chemical.

Employers may continue to use rating systems such as National Fire Protection Association (NFPA) diamonds or HMIS requirements for workplace labels as long as they are consistent with the requirements of the Hazard Communication Standard and the employees have immediate access to the specific hazard

5 Example 1: This example demonstrates a Precautionary Statements: simple label. Prevention: • Wash hands and face thoroughly after The Substance: handling. HS85 • Do not eat, drink or smoke when using this Batch Number: 85L6543 product.

Step 1: Perform Classification Response: Class: Acute Oral Toxicity; Category 4 • If swallowed: Call a doctor if you feel unwell.2 Step 2: Gather Labeling Information • Rinse mouth Pictograms: Storage: None specified

Disposal: Signal Word: • Dispose of contents/container in WARNING accordance with local/regional/national/ international regulations.3 Hazard Statements: Harmful if Swallowed Step 3: Create the Label Putting together the above information on HS85, a label might list the following information:

Example 1: HS85 Label

HS85 Batch number: 85L6543

Warning Harmful if swallowed

Wash hands and face thoroughly after handling. Do not eat, drink or smoke when using this product. Dispose of contents/container in accordance with local, state and federal regulations.

First aid: If swallowed: Call a doctor if you feel unwell. Rinse mouth.

GHS Example Company, 123 Global Circle, Anyville, NY 130XX Telephone (888) 888-8888

2 The manufacturer of this chemical determined that calling a doctor was the most appropriate emergency medical advice; therefore, it is listed as part of the first-aid procedures. 3 The downstream users must familiarize themselves with the proper disposal methods in accordance with local, regional, state and federal regulations. It is impractical to expect the label preparer to list all potential regulations that exist. 6 Example 2: This example demonstrates a Response: more complex label. • IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with Example 2 is for a substance that is a severe water. physical and health hazard. For shipping • IF ON CLOTHING: Rinse immediately packages of chemicals that will be transported contaminated clothing and skin with plenty in the United States (i.e., drums, totes, tanks, of water before removing clothes. Wash etc.), the U.S. DOT requires a DOT label(s) contaminated clothing before reuse. on the outside container(s) for hazardous • IF IN EYES: Rinse cautiously with water for chemicals. Two versions of this label are several minutes. Remove contact lenses, if presented below to demonstrate the difference present and easy to do. Continue rinsing. between an OSHA label with pictograms from • IF INHALED: Remove person to fresh air the HCS and a DOT label required for transport and keep comfortable for breathing. of a shipping container. • IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. The Substance: • Immediately call poison center.4 OXI252 (disodiumflammy) CAS number: 111-11-11xx Specific Treatment: Treat with doctor-prescribed burn cream.5 Step 1: Perform Classification Class: Oxidizing Solid, Category 1 In case of fire: Class: Skin Corrosive, Category 1A Use water spray. In case of major fire and large quantities: Evacuate area. Fight fire remotely Step 2: Gather Labeling Information due to the risk of explosion. Pictograms: Storage: Store locked up.

Disposal: • Dispose of contents/container in accordance with local/regional/national/ international regulations.³ Signal Word: DANGER Step 3: Create the Label Putting together the above information on OXI252, Hazard Statements: a label might list the following information: • May cause fire or explosion; strong oxidizer • Causes severe skin burns and eye damage

Precautionary Statements: Prevention: • Keep away from heat. • Keep away from clothing and other combustible materials. • Take any precaution to avoid mixing with combustibles. • Wear protective neoprene gloves, safety goggles and face shield with chin guard. • Wear fire/flame resistant clothing. 4 In this example, the manufacturer determined that • Do not breathe dust or mists. calling a poison control center is the most appropri- • Wash arms, hands and face thoroughly ate emergency medical advice. after handling. 5 Not all SDSs will have direction for “specific treatment” on the label. This is only if the manufacturer specifically notes a certain treatment that needs to be used to treat a worker who has been exposed to this chemical.

7 Example 2A: OXI252 Label inner package label with OSHA pictograms

OXI252 (disodiumflammy) CAS #: 111-11-11xx

Danger May cause fire or explosion; strong oxidizer Causes severe skin burns and eye damage

Keep away from heat. Keep away from clothing and other combustible materials. Take any precaution to avoid mixing with combustibles. Wear protective neoprene gloves, safety goggles and face shield with chin guard. Wear fire/flame resistant clothing. Do not breathe dust or mists. Wash arms, hands and face thoroughly after handling. Store locked up. Dispose of contents and container in accordance with local, state and federal regulations. First aid: IF ON SKIN (or hair) or clothing6: Rinse immediately contaminated clothing and skin with plenty of water before removing clothes. Wash contaminated clothing before reuse. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF INHALED: Remove person to fresh air and keep comfortable for breathing. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Immediately call poison center. Specific Treatment: Treat with doctor-prescribed burn cream. Fire: In case of fire: Use water spray. In case of major fire and large quantities: Evacuate area. Fight fire remotely due to the risk of explosion.

Great Chemical Company, 55 Main Street, Anywhere, CT 064XX Telephone (888) 777-8888

Example 2B: OXI252 Label meeting DOT requirements for shipping7 OXI252 (disodiumflammy) CAS #: 111-11-11xx

Danger May cause fire or explosion; strong oxidizer Causes severe skin burns and eye damage

First aid: IF ON SKIN (or hair) or clothing: Rinse immediately contaminated clothing and skin with plenty of water before removing clothes. Wash contaminated clothing before reuse. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Immediately call a doctor. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Immediately call poison center. Specific Treatment: Treat with doctor-prescribed burn cream. Fire: In case of fire: Use water spray. In case of major fire and large quantities: Evacuate area. Fight fire remotely due to the risk of explosion.

Great Chemical Company, 55 Main Street, Anywhere, CT 064XX Telephone (888) 777-8888

6 There are occasions where label preparers may cautionary statements were combined for exposure combine statements on the label. In this case the to skin, hair and clothing. similar statements were combined and the most 8 7 DOT Labels must comply with the size require- stringent were listed. For example, the first-aid pre- ments presented in 49 CFR 172. For more detailed information about labels and Safety Data Sheets (SDSs) under the revised Disclaimer: This OSHA Brief provides a Hazard Communication Standard, please refer general overview of the label requirements to refer to 29 CFR 1910.1200 - paragraphs (f) and in the Hazard Communication Standard (g), and Appendix C. (see 29 CFR 1910.1200(f) and Appendix C of 29 CFR 1910.1200). It does not alter The revised Hazard Communication Standard or determine compliance responsibilities and additional guidance materials are in the standard or the Occupational available on OSHA’s Hazard Communication Safety and Health Act of 1970. Since page, located at: www.osha.gov/dsg/hazcom/ interpretations and enforcement policy index.html. may change over time, the reader should consult current OSHA interpretations and decisions by the Occupational Safety and Health Review Commission and the courts for additional guidance on OSHA compliance requirements.

DSG BR-3636 2/2013 BRIEF Hazard Communication Standard: Safety Data Sheets

The Hazard Communication Standard (HCS) Sections 1 through 8 contain general (29 CFR 1910.1200(g)), revised in 2012, requires information about the chemical, identification, that the chemical manufacturer, distributor, hazards, composition, safe handling practices, or importer provide Safety Data Sheets and emergency control measures (e.g., fire (SDSs) (formerly MSDSs or Material Safety fighting). This information should be helpful to Data Sheets) for each hazardous chemical those that need to get the information quickly. to downstream users to communicate Sections 9 through 11 and 16 contain other information on these hazards. The information technical and scientific information, such as contained in the SDS is largely the same as physical and chemical properties, stability the MSDS, except now the SDSs are required and reactivity information, toxicological to be presented in a consistent user-friendly, information, exposure control information, 16-section format. This brief provides guidance and other information including the date of to help workers who handle hazardous preparation or last revision. The SDS must chemicals to become familiar with the format also state that no applicable information was and understand the contents of the SDSs. found when the preparer does not find relevant information for any required element. The SDS includes information such as the properties of each chemical; the physical, The SDS must also contain Sections 12 health, and environmental health hazards; through 15, to be consistent with the UN protective measures; and safety precautions Globally Harmonized System of Classification for handling, storing, and transporting the and Labeling of Chemicals (GHS), but OSHA chemical. The information contained in the SDS will not enforce the content of these sections must be in English (although it may be in other because they concern matters handled by other languages as well). In addition, OSHA requires agencies. that SDS preparers provide specific minimum information as detailed in Appendix D of A description of all 16 sections of the SDS, 29 CFR 1910.1200. The SDS preparers may along with their contents, is presented below: also include additional information in various section(s).

Section 1: Identification This section identifies the chemical on the SDS as well as the recommended uses. It also provides the essential contact information of the supplier. The required information consists of: • Product identifier used on the label and any other common names or synonyms by which the substance is known. • Name, address, phone number of the manufacturer, importer, or other responsible party, and emergency phone number. • Recommended use of the chemical (e.g., a brief description of what it actually does, such as flame retardant) and any restrictions on use (including recommendations given by the supplier).

1 Section 2: Hazard(s) Identification This section identifies the hazards of the chemical presented on the SDS and the appropriate warning information associated with those hazards. The required information consists of: • The hazard classification of the chemical (e.g., flammable liquid, category1). • Signal word. • Hazard statement(s). • Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol (e.g., skull and crossbones, flame). • Precautionary statement(s). • Description of any hazards not otherwise classified. • For a mixture that contains an ingredient(s) with unknown toxicity, a statement describing how much (percentage) of the mixture consists of ingredient(s) with unknown acute toxicity. Please note that this is a total percentage of the mixture and not tied to the individual ingredient(s).

Section 3: Composition/Information on Ingredients This section identifies the ingredient(s) contained in the product indicated on the SDS, including impurities and stabilizing additives. This section includes information on substances, mixtures, and all chemicals where a trade secret is claimed. The required information consists of: Substances • Chemical name. • Common name and synonyms. • Chemical Abstracts Service (CAS) number and other unique identifiers. • Impurities and stabilizing additives, which are themselves classified and which contribute to the classification of the chemical. Mixtures • Same information required for substances. • The chemical name and concentration (i.e., exact percentage) of all ingredients which are classified as health hazards and are: ° Present above their cut-off/concentration limits or ° Present a health risk below the cut-off/concentration limits. • The concentration (exact percentages) of each ingredient must be specified except concentration ranges may be used in the following situations: ° A trade secret claim is made, ° There is batch-to-batch variation, or ° The SDS is used for a group of substantially similar mixtures. Chemicals where a trade secret is claimed • A statement that the specific chemical identity and/or exact percentage (concentration) of composition has been withheld as a trade secret is required.

1 Chemical, as defined in the HCS, is any substance, or mixture of substances.

2 Section 4: First-Aid Measures This section describes the initial care that should be given by untrained responders to an individual who has been exposed to the chemical. The required information consists of: • Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye contact, and ingestion). • Description of the most important symptoms or effects, and any symptoms that are acute or delayed. • Recommendations for immediate medical care and special treatment needed, when necessary.

Section 5: Fire-Fighting Measures This section provides recommendations for fighting a fire caused by the chemical. The required information consists of: • Recommendations of suitable extinguishing equipment, and information about extinguishing equipment that is not appropriate for a particular situation. • Advice on specific hazards that develop from the chemical during the fire, such as any hazardous combustion products created when the chemical burns. • Recommendations on special protective equipment or precautions for firefighters.

Section 6: Accidental Release Measures This section provides recommendations on the appropriate response to spills, leaks, or releases, including containment and cleanup practices to prevent or minimize exposure to people, properties, or the environment. It may also include recommendations distinguishing between responses for large and small spills where the spill volume has a significant impact on the hazard. The required information may consist of recommendations for: • Use of personal precautions (such as removal of ignition sources or providing sufficient ventilation) and protective equipment to prevent the contamination of skin, eyes, and clothing. • Emergency procedures, including instructions for evacuations, consulting experts when needed, and appropriate protective clothing. • Methods and materials used for containment (e.g., covering the drains and capping procedures). • Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning or vacuuming; adsorbent materials; and/or equipment required for containment/clean up).

Section 7: Handling and Storage This section provides guidance on the safe handling practices and conditions for safe storage of chemicals. The required information consists of: • Precautions for safe handling, including recommendations for handling incompatible chemicals, minimizing the release of the chemical into the environment, and providing advice on general hygiene practices (e.g., eating, drinking, and smoking in work areas is prohibited). • Recommendations on the conditions for safe storage, including any incompatibilities. Provide advice on specific storage requirements (e.g., ventilation requirements).

3 Section 8: Exposure Controls/Personal Protection This section indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure. The required information consists of: • OSHA Permissible Exposure Limits (PELs), American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet, where available. • Appropriate engineering controls (e.g., use local exhaust ventilation, or use only in an enclosed system). • Recommendations for personal protective measures to prevent illness or injury from exposure to chemicals, such as personal protective equipment (PPE) (e.g., appropriate types of eye, face, skin or respiratory protection needed based on hazards and potential exposure). • Any special requirements for PPE, protective clothing or respirators (e.g., type of glove material, such as PVC or nitrile rubber gloves; and breakthrough time of the glove material).

Section 9: Physical and Chemical Properties This section identifies physical and chemical properties associated with the substance or mixture. The minimum required information consists of: • Appearance (physical state, color, etc.); • Upper/lower flammability or explosive limits; • Odor; • Vapor pressure; • Odor threshold; • Vapor density; • pH; • Relative density; • Melting point/freezing point; • Solubility(ies); • Initial boiling point and boiling range; • Partition coefficient: n-octanol/water; • Flash point; • Auto-ignition temperature; • Evaporation rate; • Decomposition temperature; and • Flammability (solid, gas); • Viscosity. The SDS may not contain every item on the above list because information may not be relevant or is not available. When this occurs, a notation to that effect must be made for that chemical property. Manufacturers may also add other relevant properties, such as the dust deflagration index (Kst) for combustible dust, used to evaluate a dust’s explosive potential.

4 Section 10: Stability and Reactivity This section describes the reactivity hazards of the chemical and the chemical stability information. This section is broken into three parts: reactivity, chemical stability, and other. The required information consists of: Reactivity • Description of the specific test data for the chemical(s). This data can be for a class or family of the chemical if such data adequately represent the anticipated hazard of the chemical(s), where available. Chemical stability • Indication of whether the chemical is stable or unstable under normal ambient temperature and conditions while in storage and being handled. • Description of any stabilizers that may be needed to maintain chemical stability. • Indication of any safety issues that may arise should the product change in physical appearance. Other • Indication of the possibility of hazardous reactions, including a statement whether the chemical will react or polymerize, which could release excess pressure or heat, or create other hazardous conditions. Also, a description of the conditions under which hazardous reactions may occur. • List of all conditions that should be avoided (e.g., static discharge, shock, vibrations, or environmental conditions that may lead to hazardous conditions). • List of all classes of incompatible materials (e.g., classes of chemicals or specific substances) with which the chemical could react to produce a hazardous situation. • List of any known or anticipated hazardous decomposition products that could be produced because of use, storage, or heating. (Hazardous combustion products should also be included in Section 5 (Fire-Fighting Measures) of the SDS.)

Section 11: Toxicological Information This section identifies toxicological and health effects information or indicates that such data are not available. The required information consists of: • Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact). The SDS should indicate if the information is unknown. • Description of the delayed, immediate, or chronic effects from short- and long-term exposure. • The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50 (median lethal dose)) - the estimated amount [of a substance] expected to kill 50% of test animals in a single dose. • Description of the symptoms. This description includes the symptoms associated with exposure to the chemical including symptoms from the lowest to the most severe exposure. • Indication of whether the chemical is listed in the National Toxicology Program (NTP) Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions) or found to be a potential carcinogen by OSHA.

5 Section 12: Ecological Information (non-mandatory) This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment. The information may include: • Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants). • Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis. • Results of tests of bioaccumulation potential, making reference to the octanol-water partition

coefficient (Kow) and the bioconcentration factor (BCF), where available. • The potential for a substance to move from the soil to the groundwater (indicate results from adsorption studies or leaching studies). • Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).

Section 13: Disposal Considerations (non-mandatory) This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, this section should also refer the reader to Section 8 (Exposure Controls/Personal Protection) of the SDS. The information may include: • Description of appropriate disposal containers to use. • Recommendations of appropriate disposal methods to employ. • Description of the physical and chemical properties that may affect disposal activities. • Language discouraging sewage disposal. • Any special precautions for landfills or incineration activities.

Section 14: Transport Information (non-mandatory) This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea. The information may include: • UN number (i.e., four-figure identification number of the substance)2. • UN proper shipping name2. • Transport hazard class(es)2. • Packing group number, if applicable, based on the degree of hazard2. • Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)). • Guidance on transport in bulk (according to Annex II of MARPOL 73/783 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code (IBC Code)). • Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).

2 Found in the most recent edition of the United Nations Recommendations on the Transport of Dangerous Goods. 3 MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended.

6 Section 15: Regulatory Information (non-mandatory) This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the SDS. The information may include: • Any national and/or regional regulatory information of the chemical or mixtures (including any OSHA, Department of Transportation, Environmental Protection Agency, or Consumer Product Safety Commission regulations).

Section 16: Other Information This section indicates when the SDS was prepared or when the last known revision was made. The SDS may also state where the changes have been made to the previous version. You may wish to contact the supplier for an explanation of the changes. Other useful information also may be included here.

Employer Responsibilities Standard can be found on OSHA’s Hazard Employers must ensure that the SDSs Communication Safety and Health Topics are readily accessible to employees for all page, located at: hazardous chemicals in their workplace. This http://www.osha.gov/dsg/hazcom/index.html. may be done in many ways. For example, employers may keep the SDSs in a binder or on computers as long as the employees have Disclaimer: This brief provides a general immediate access to the information without overview of the safety data sheet leaving their work area when needed and a requirements in the Hazard Communication back-up is available for rapid access to the Standard (see 29 CFR 1910.1200(g) and SDS in the case of a power outage or other Appendix D of 29 CFR 1910.1200). It does not emergency. Furthermore, employers may alter or determine compliance responsibilities want to designate a person(s) responsible for in the standard or the Occupational Safety obtaining and maintaining the SDSs. If the and Health Act of 1970. Since interpretations employer does not have an SDS, the employer and enforcement policy may change over or designated person(s) should contact the time, the reader should consult current manufacturer to obtain one. OSHA interpretations and decisions by the Occupational Safety and Health Review References Commission and the courts for additional OSHA, 29 CFR 1910.1200(g) and Appendix D. guidance on OSHA compliance requirements. Please note that states with OSHA-approved United Nations Globally Harmonized System of state plans may have additional requirements Classification and Labelling of Chemicals (GHS), for chemical safety data sheets, outside of third revised edition, United Nations, 2009. those outlined above. For more information These references and other information on those standards, please visit: related to the revised Hazard Communication http://www.osha.gov/dcsp/osp/statestandards.html.

DSG BR-3514 2/2012 California Code of Regulations, Title 8, Section 5194. Hazard Communication.

This information is provided free of charge by the Department of Industrial Relations from its web site at http://www.dir.ca.gov/. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.

Subchapter 7. General Industry Safety Orders Group 16. Control of Hazardous Substances Article 109. Hazardous Substances and Processes

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§5194. Hazard Communication (adopted on May 6, 2013)

For the §5194 regulation as of July 6, 2004 -- Click here.

Guide to California Hazard Communication Regulation

(a) Purpose.

(1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees. The requirements of this section are intended to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. The transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training.

(2) This occupational safety and health standard is intended to address comprehensively the issue of classifying the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees. Classifying the potential hazards of chemicals and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for: developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures.

(b) Scope and Application.

(1) This section requires manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they may be exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers.

(2) This section applies to any hazardous substance which is known to be present in the work place in such a manner that employees may be exposed under normal conditions of use or in a reasonably foreseeable emergency resulting from work place operations.

file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

(3) This section applies to laboratories that primarily provide quality control analyses for manufacturing processes or that produce hazardous chemicals for commercial purposes, and to all other laboratories except those under the direct supervision and regular observation of an individual who has knowledge of the physical hazards, health hazards, and emergency procedures associated with the use of the particular hazardous chemicals involved, and who conveys this knowledge to employees in terms of safe work practices. Such excepted laboratories must also ensure that labels of incoming containers of hazardous chemicals are not removed or defaced pursuant to section 5194(f)(1), and must maintain any safety data sheets that are received with incoming shipments of hazardous chemicals and ensure that they are readily available to laboratory employees pursuant to section 5194(g).

(4) This section does not require labeling of the following chemicals:

(A) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency;

(B) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and regulations issued under that Act, when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration;

(C) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and;

(D) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.

(5) This section does not apply to:

(A) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;

(B) Tobacco or tobacco products;

(C) Wood or wood products including lumber which will not be processed, where the manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (non-excluded hazardous substances which are used in conjunction with wood or wood products, or are known to be present as impurities in those materials, and wood which may be subsequently sawed or cut, generating dust, are covered by this section);

(D) Articles (hazardous substances used in the manufacture or use of an article are covered by this section unless otherwise excluded);

(E) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;

(F) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair work areas;

(G) Consumer products packaged for distribution to, and use by, the general public, provided that employee exposure to the product is not significantly greater than the consumer exposure occurring during the principal consumer use of the product;

(H) The use of a substance in compliance with regulations of the Director of the Department of Pesticide Regulation issued pursuant to section 12981 of the Food and Agricultural Code.

(I) Work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or transportation); however, this section does apply to these operations as follows:

1. Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;

2. Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and,

3. Employers shall ensure that employees are provided with information and training in accordance with subsection (h) except for the location and availability of the written hazard communication program under subsection (h)(2)(C), to the extent necessary to protect them in the event of a spill or leak of a hazardous substance from a sealed container.

(6) Proposition 65 Warnings.

(A) Notwithstanding any other provision of law including the preceding subsections, an employer which is a person in the course of doing business within the meaning of Health and Safety Code Section 25249.11(a) and (b), is subject to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or the “Act”) (Health and Safety Code Â§ 25249.5 et seq.), and shall comply with the Act in the manner set forth in subsections (B) and (C) below. The following employers are not subject to the Act:

1. an employer employing fewer than ten employees;

2. any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof;

3. any entity in its operation of a public water system as defined in Health and Safety Code Section 4010.1.

(B) Exposures Subject to Proposition 65 and Hazard Communication. Before exposing any employee to any hazardous substance that otherwise falls within the scope of this section and which requires a warning under this Act (see 22 CCR Section 12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall comply with the requirements set forth in subsections (d) through (k). Such compliance shall be deemed compliance with the Act.

(C) Exposures Subject to Proposition 65 Only. Before knowingly and intentionally exposing any employee to any hazardous substance that does not otherwise fall within the scope of the section, but which requires a warning under the Act (see 22 CCR Section 12000, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity) except as provided in subsection (D) below, any employer subject to the Act shall either provide a warning to employees in compliance with California Code of Regulations Title 22 (22 CCR) Section 12601(c) in effect on May 9, 1991 or shall comply with the requirements set forth in subsections (d) through (k).

(D) Exposures Not Subject to Proposition 65. A warning required by subsection (B) and (C) above shall not apply to any of the following:

1. An exposure for which federal law governs warning in a manner that preempts state authority. file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

2. An exposure that takes place less than twelve months subsequent to the listing of the chemical in 22 CCR Section 12000.

3. An exposure for which the employer responsible can show that the exposure poses no significant risk assuming lifetime exposure at the level in question for the chemicals known to the State to cause cancer, and that the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question for chemicals known to the State to cause reproductive toxicity, based on evidence and standards of comparable scientific validity to the evidence and standards which form the scientific basis for the listing of such chemical in 22 CCR Section 12000. In any enforcement action the burden of showing that an exposure meets the criteria of this subsection shall be on the employer.

(E) Additional Enforcement of Proposition 65. In addition to any other applicable enforcement provision, violations or threatened violations of the Act may be enforced in the manner set forth in Health and Safety Code Section 25249.7 for violations and threatened violations of Health and Safety Code Section 25249.6. Compliance with 22 CCR Section 12601(c) in effect on May 9, 1991 shall be deemed a defense to an enforcement action under Health and Safety Code Section 25249.7.

(F) All terms and provisions of subsection (b)(6) shall have the same meaning as the following 22 CCR Sections in effect on May 9, 1991: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721, 12801, 12803, 12805, 12821 and 12901. The above listed 22 CCR Sections in effect on May 9, 1991 are printed in Appendix G to this section. Additionally, all terms and provisions of subsection (b)(6) shall have the same meaning as in the Act and in 22 CCR Section 12000.

Article.

A manufactured item: (1) Which is formed to a specific shape or design during manufacture; (2) which has end use function(s) dependent in whole or in part upon it shape or design during end use; and (3) which does not release, or otherwise result in exposure to, a hazardous substance under normal conditions of use or in a reasonably foreseeable emergency resulting from workplace operations.

CAS number.

The unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

Chemical.

Any substance, or mixture of substances.

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 which will clearly identify the chemical for the purpose of conducting a hazard classification.

Chief.

The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142, or designee.

Classification.

Identification of relevant data regarding the hazards of a chemical; review of those data to ascertain the hazards associated with the chemical; and decision regarding 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.

Combustible liquid.

Any liquid having a flashpoint at or above 100oF (37.8oC), but below 200oF (93.3oC), except any mixture having components with flashpoints of 200oF (93.3oC), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture.

Common name.

Any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a substance other than by its chemical name.

Container.

Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, tank truck, or the like that contains a hazardous substance. For purposes of this section, pipes or piping systems are not considered to be containers.

Department.

The Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142, or designee.

Designated representative.

Any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

Director.

The Director of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142, or designee.

Distributor.

A business, other than a manufacturer or importer, which supplies hazardous substances to other distributors or to employers.

Division.

The Division of Occupational Safety and Health (Cal/OSHA), California Department of Industrial Relations, or designee.

Emergency.

Any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which may or does result in a release of a hazardous substance into the workplace.

Employee.

Every person who is required or directed by any employer, to engage in any employment, or to go to work or be at any file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

time in any place of employment.

Employer.

Employer means:

(A) The State and every State agency.

(B) Each county, city, district, and all public and quasi-public corporations and public agencies therein.

(D) The legal representative of any deceased employer.

Exposure or Exposed.

Any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact with a hazardous substance.

Flammable.

A substance that falls into one of the following categories:

(A) Aerosol, flammable. An aerosol that, when tested by the method described in 16 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening;

(B) Gas, flammable:

1. A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent of volume or less; or

2. A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit;

(C) Liquid, flammable. Any liquid having a flashpoint below 100oF (37.8oC), except any mixture having components with flashpoints of 100oF (37.8oC) or higher, the total of which make up 99 percent or more of the total volume of the mixture.

(D) Solid, flammable. A solid, other than a blasting agent or explosive as defined in section 5237(a), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.

Flashpoint.

The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:

(A) Tagliabue Closed Tester (see American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100oF (37.8oC), that do not have a tendency to form a surface film under test; or file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

(B) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky- Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100oF (37.8oC), or that have a tendency to form a surface film under test; or

(C) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).

Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above.

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.

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, a hazard not otherwise classified, or is included in the List of Hazardous Substances prepared by the Director pursuant to Labor Code section 6382.

Health hazard.

A chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term “health hazard” includes chemicals which are 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 this section - Health Hazard Criteria.

Immediate use.

The hazardous substance will be under the control of and used only by the person who transfers it from a labeled file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

container and only within the work shift in which it is transferred.

Importer.

The first business with employees within the Customs Territory of the United States which receives hazardous substances produced in other countries for the purpose of supplying them to distributors or purchasers 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.

Manufacturer.

A person who produces, synthesizes, extracts, or otherwise makes a hazardous chemical.

Mixture.

A combination or a solution composed of two or more substances in which they do not react.

NIOSH. The National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services.

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; combustible liquid; water-reactive; or in contact with water emits flammable gas. See Appendix B to section 5194 - 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, repackage, or relabel.

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 file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

hazardous chemicals required in the written hazard communication program, the label and the SDS.

Pyrophoric gas.

A chemical 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 substance and appropriate emergency procedures, if necessary.

Safety data sheet (SDS).

Written or printed material concerning a hazardous chemical that is prepared in accordance with section 5914(g).

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 which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. A trade secret shall not include chemical identity information which is readily discoverable through qualitative analysis. Appendix E to section 5194- Definition of Trade Secret sets out the criteria to be used in evaluating trade secrets.

Use.

To package, handle, react, or transfer.

Work area.

A room or defined space in a workplace where hazardous substances are produced or used, and where employees are present.

Workplace.

Any place, and the premises appurtenant thereto, where employment is carried on, except a place the health and safety jurisdiction over which is vested by law in, and actively exercised by, any state or federal agency other than the Division.

(d) Hazard Classification.

(1) Manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the manufacturer or importer shall determine the hazard classes, and where appropriate, the category of each class that apply to the chemical being classified. Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the manufacturer or importer for the chemical to satisfy this requirement.

(2) Manufacturers, importers, or employers classifying chemicals shall identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. For health hazards, evidence which is statistically significant and which is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section. Appendix A to section 5194 shall be consulted for classification of health hazards covered, and Appendix B to section 5194 shall be consulted for the classification of physical hazards.

(3) The manufacturer, importer, or employer classifying chemicals shall treat any of the following sources as establishing that the chemicals listed in them are hazardous:

(A) The list of hazardous substances prepared by the Director pursuant to Labor Code section 6382 and as promulgated in title 8, California Code of Regulations, section 339. The concentrations and footnotes which are applicable to the list shall be understood to modify the same substance on all other source lists or hazard determinations set forth in sections 5194(d)(3)(B)-5194(d)(5)(C).

(B) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA).

(C) Threshold Limit Values for Chemical Substances in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).

The manufacturer, importer, or employer is still responsible for classifying the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard.

(4) Manufacturers, importers, and employers classifying chemicals shall treat any of the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes:

(A) National Toxicology Program (NTP), Annual Report on Carcinogens, (latest edition).

(B) International Agency for Research on Cancer (IARC) Monographs (latest editions).

Note to (d)(4): The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a substance has been found by NTP or IARC to be a potential carcinogen.

(5) Mixtures.

(A) Chemical manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

Appendices A and B to section 5194 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section.

(B) When classifying mixtures they produce or import, manufacturers and importers of mixtures may rely on the information provided on the current safety data sheets of the individual ingredients except where the manufacturer or importer knows, or in the exercise of reasonable diligence should know, that the safety data sheet misstates or omits information required by this section.

(C) If the manufacturer, importer, or employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an established permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard.

(6) Manufacturers, importers, or employers classifying chemicals shall describe in writing the procedures they use to determine the hazards of the chemicals they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the Director, and NIOSH. The written description may be incorporated into the written hazard communication program required under section 5194(e).

(e) Written Hazard Communication Program.

(1) Employers shall develop, implement, and maintain at the workplace a written hazard communication program for their employees which at least describes how the criteria specified in sections 5194(f), (g), and (h) for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:

(A) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and

(B) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with substances contained in unlabeled pipes in their work areas.

(2) In multi-employer workplaces, the written hazard communication program shall include the methods employers will use to inform any employers sharing the same work area of the hazardous chemicals to which their employees may be exposed while performing their work, and any suggestions for appropriate protective measures, including the following:

(A) The methods the employer will use to provide the other employer(s) with access to the safety data sheet, or to make it available at a central location in the workplace, for each hazardous chemical the other employer(s)' employees may be exposed to while working;

(B) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and,

(3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Chief, and NIOSH, in accordance with the requirements of section 3204(e).

(f) Labels and Other Forms of Warning.

(1) Labels on shipped containers. The manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked. Hazards not otherwise classified do not have file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

to be addressed on the container. Where the manufacturer or importer is required to label, tag or mark the following information shall be provided:

(A) Product identifier;

(B) Signal word;

(D) Pictogram(s);

(E) Precautionary statement(s); and,

(F) Name, address, and telephone number of the manufacturer, importer, or other responsible party.

(2) The manufacturer, importer, or distributor shall ensure that the information provided under section 5194 (f)(1)(A) through (E) is in accordance with Appendix C to section 5194, for each hazard class and associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages may also be included if appropriate).

(3) The manufacturer, importer, or distributor shall ensure that the information provided under section 5194 (f)(1)(B) through (D) is located together on the tag, label or mark.

(4) Solid materials.

(A) For solid metal (such as a steel beam or a metal casting) that is not exempted as an article due to its downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes;

(B) The label may be transmitted with the initial shipment itself, or with the safety data sheet that is to be provided prior to or at the time of the first shipment; and,

(C) This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids, pesticides in grains or lubricants).

(5) Manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation.

(6) Workplace labeling. Except as provided in sections 5194(f)(7) and (f)(8) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with either:

(A) The information specified under section 5194 (f)(1)(A) through (E) for labels on shipped containers; or,

(B) Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.

(7) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by section 5194(f)(6) to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. In construction, the employer may use such written materials in lieu of affixing labels to individual containers as long as the alternative method identifies and accompanies the containers to which it is applicable and conveys the information required to be on a label.

(8) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.

(9) The employer shall not remove or intentionally deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.

(10) The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

(11) Manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within three months of becoming aware of the new information. Labels on containers of hazardous chemicals shipped after that time shall contain the new information. If the chemical is not currently produced or imported, the manufacturer, importer, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again.

(g) Safety Data Sheets.

(1) Manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet for each hazardous chemical which they use.

Note to (g)(1): Employers should also refer to section 3204 concerning information to be retained after a particular chemical is no longer in use.

(2) The manufacturer or importer preparing the safety data sheet shall ensure that it is in English (although the employer may maintain copies in other languages as well) and includes at least the following section numbers and headings, and associated information under each heading, in the order listed (See Appendix D to section 5194--Safety Data Sheets, for the specific content of each section of the safety data sheet):

(A) Section 1, Identification;

(B) Section 2, Hazard(s) identification;

(D) Section 4, First-aid measures;

(E) Section 5, Fire-fighting measures;

(F) Section 6, Accidental release measures;

(G) Section 7, Handling and storage;

(H) Section 8, Exposure controls/personal protection;

(I) Section 9, Physical and chemical properties; file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

(J) Section 10, Stability and reactivity;

(K) Section 11, Toxicological information;

(L) Section 12, Ecological information;

(M) Section 13, Disposal considerations;

(N) Section 14, Transport information;

(O) Section 15, Regulatory information; and

(P) Section 16, Other information, including date of preparation or last revision.

(Q) A description in lay terms, if not otherwise provided, on either a separate sheet or with the body of the information specified in this section, of the specific potential health risks posed by the hazardous chemical intended to alert any person reading the information.

Note: to section 5194 (g)(2): To be consistent with the GHS, an SDS must also include the headings in section 5194 (g)(2)(L) through (G)(2)(P) in order.

(3) If no relevant information is found for any sub-heading within a section on the safety data sheet, the manufacturer, importer, or employer preparing the safety data sheet shall mark it to indicate that no information was found. If the category is not applicable to the hazardous chemical involved, the space shall be marked to indicate that.

(4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the manufacturer, importer or employer may prepare one safety data sheet to apply to all of these similar mixtures.

(5) The manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects the scientific evidence used in making the hazard determination. If the manufacturer, importer, or employer become aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the safety data sheet within three months. If the chemical is not currently being produced or imported, the manufacturer or importer shall add the information to the safety data sheet before the chemical is introduced into the workplace again.

(6) Manufacturers or importers shall ensure that distributors and purchasers of hazardous chemicals are provided an appropriate safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated. The manufacturer or importer shall either provide safety data sheets with the shipped containers or send them to the purchaser prior to or at the time of the shipment. If the safety data sheet is not provided with the shipment, the purchaser shall obtain one from the manufacturer, importer, or distributor as soon as possible. The manufacturer or importer shall also provide distributors or employers with a safety data sheet upon request.

(7) Distributors shall ensure that safety data sheets, and updated information, are provided to other distributors and purchasers of hazardous chemicals.

(8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)

(9) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at a central location at the primary workplace facility. In file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.

(10) Safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical and is readily accessible during each work shift to employees when they are in their work area(s).

(11) Safety data sheets shall also be made readily available, upon request, to designated representatives, and to the Chief, in accordance with the requirements of section 3204(e). NIOSH and the employee's physician shall also be given access to safety data sheets in the same manner.

(12) If the safety data sheet, or any item of information required by section 5194(g)(2), is not provided by the manufacturer or importer, the employer shall:

(A) Within 7 working days of noting this missing information, either from a request or in attempting to comply with section 5194(g)(1), make written inquiry to the manufacturer or importer of a hazardous chemical responsible for the safety data sheet, asking that the complete safety data sheet be sent to the employer. If the employer has made written inquiry in the preceding 12 months as to whether the chemical or product is subject to the requirements of the Act or the employer has made written inquiry within the last 6 months requesting new, revised or later information on the safety data sheet for the hazardous chemical, the employer need not make additional written inquiry.

(B) Notify the requester in writing of the date that the inquiry was made, to whom it was made, and the response, if any, received. Providing the requestor with a copy of the inquiry sent to the manufacturer, producer or seller and a copy of the response will satisfy this requirement.

(C) Notify the requestor of the availability of the safety data sheet within 15 days of the receipt of the safety data sheet from the manufacturer, producer or seller or provide a copy of the safety data sheet to the requestor within 15 days of the receipt of the safety data sheet from the manufacturer, producer or seller.

(D) Send the Director a copy of the written inquiry if a response has not been received within 25 working days.

(13) The preparer of a safety data sheet shall provide the Director with a copy of the safety data sheet. Where a trade secret claim is made, the preparer shall submit the information specified in section 5194(i)(15).

(h) Employee Information and Training.

(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard is introduced into their work area. Information and training may relate to general classes of hazardous chemicals to the extent appropriate and related to reasonably foreseeable exposures of the job. Chemical-specific information must always be available through labels and safety data sheets.

(2) Information and training shall consist of at least the following topics:

(A) Employees shall be informed of the requirements of this section.

(B) Employees shall be informed of any operations in their work area where hazardous chemicals are present.

(C) Employees shall be informed of the location and availability of the written hazard communication program, including the list(s) of hazardous chemicals and safety data sheets required by this section.

(D) Employees shall be trained in the methods and observations that may be used to detect the presence or release of a file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.).

(E) Employees shall be trained in 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, and the measures they can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.

(F) Employees shall be trained in the details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer and the safety data sheet, and how employees can obtain and use the appropriate hazard information.

(G) Employers shall inform employees of the right:

1. To personally receive information regarding hazardous substances to which they may be exposed, according to the provisions of this section;

2. For their physician or collective bargaining agent to receive information regarding hazardous substances to which the employee may be exposed according to provisions of this section;

3. Against discharge or other discrimination due to the employee's exercise of the rights afforded pursuant to the provisions of the Hazardous Substances Information and Training Act.

(3) Whenever the employer receives a new or revised safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to, or measures necessary to protect, employee health as compared to those stated on a safety data sheet previously provided.

(i) Trade Secrets.

(1) The manufacturer, importer or employer may withhold the specific chemical identity of a hazardous chemical, or the exact percentage (concentration) of the substance in a mixture, from the safety data sheet, provided that:

(A) The claim that the information withheld is a trade secret can be supported;

(B) Information contained in the safety data sheet concerning the properties and effects of the hazardous chemical is disclosed;

(C) The safety data sheet indicates that the specific chemical identity and/or percentage of composition is being withheld as a trade secret; and,

(D) The specific chemical identity and percentage is made available to health or safety professionals, employees, and designated representatives in accordance with the applicable provisions of this subsection.

(2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity and/or specific percentage of composition of a hazardous chemical is necessary for emergency or first-aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity or percentage composition of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of sections 5194(i)(3) and (4), as soon as circumstances permit.

(3) In non-emergency situations, a manufacturer, importer, or employer shall, upon request, disclose a specific file:///O|/...20Sheets/California%20Code%20of%20Regulations,%20Title%208,%20Section%205194_%20Hazard%20Communication_.htm[8/21/2013 4:24:34 PM] California Code of Regulations, Title 8, Section 5194. Hazard Communication.

chemical identity or percentage composition, otherwise permitted to be withheld under section 5194(i)(1), to a health or safety professional (i.e., physician, nurse, industrial hygienist, safety professional, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed employee(s), and to employees and designated representatives, if:

(A) The request is in writing;

(B) The request describes with reasonable detail one or more of the following occupational health needs for the information:

1. To assess the hazards of the substances to which employees will be exposed;

2. To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels;

3. To conduct pre-assignment or periodic medical surveillance of exposed employees;

4. To provide medical treatment to exposed employees;

5. To select or assess appropriate personal protective equipment for exposed employees;

6. To design or assess engineering controls or other protective measures for exposed employees; and,

7. To conduct studies to determine the health effects of exposure.

(C) The request explains in detail why the disclosure of the specific chemical identity or percentage composition is essential and that, in lieu thereof, the disclosure of the following information would not enable the health or safety professional, employee or designated representative to provide the occupational health services described in section 5194(i)(3)(B):

1. The properties and effects of the substance;

2. Measures for controlling workers' exposure to the substance;

3. Methods of monitoring and analyzing worker exposure to the substance; and,

4. Methods of diagnosing and treating harmful exposures to the substance;

(D) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and,

(E) The health or safety professional,employee, or designated representative and the employer or contractor of the health or safety professional's services (i.e., downstream employer, labor organization, or individual employee), agree in a written confidentiality agreement that the health or safety professional, employee, or designated representative will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to the Director, as provided in section 5194(i)(6), except as authorized by the terms of the agreement or by the manufacturer, importer, or employer.

(4) The confidentiality agreement authorized by section 5194(i)(3)(D) shall not include requirements for the posting of a penalty bond.

(5) Nothing in this standard is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law.

(6) If the health or safety professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to the Director, then the manufacturer, importer, or employer who provided the information shall be informed by the health or safety professional, employee, or designated representative prior to, or at the same time as, such disclosure.

(7) If the manufacturer, importer, or employer denies a written request for disclosure of a specific chemical identity or percentage composition, the denial must:

(A) Be provided to the health or safety professional, employee, or designated representative within thirty days of the request;

(B) Be in writing;

(C) Include evidence to support the claim that the specific chemical identity or percent of composition is a trade secret;

(D) State the specific reasons why the request is being denied; and,

(E) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the trade secret.

(8) The health or safety professional, employee, or designated representative whose request for information is denied under section 5194(i)(3) may refer the request and the written denial of the request to the Director for consideration.

(9) When a health or safety professional, employee, or designated representative refers the denial to the Director under section 5194(i)(8), or upon the Director's own initiative when receiving information pursuant to section 5194(g)(13) which is claimed to be a trade secret, the Director shall consider the evidence to determine if:

(A) The manufacturer, importer, or employer has supported the claim that the specific chemical identity or percentage composition is a trade secret;

(B) The health or safety professional,employee, or designated representatives has supported the claim that there is a medical or occupational health need for the information; and,

(C) The health or safety professional,employee, or designated representative has demonstrated adequate means to protect the confidentiality.

(10) If the Director determines that the specific chemical identity or percentage composition requested under section 5194(i)(3) is not a bona fide trade secret, or that it is a trade secret but the requesting health or safety professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the manufacturer, importer, or employer will be subject to citation by the Director. The Director shall so notify the manufacturer, importer, or employer by certified mail.

(11) The manufacturer, importer, or employer shall have 15 days after receipt of notification under section 5194(i)(10) to provide the Director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail.

(12) The Director shall determine whether such information is protected as a trade secret within 15 days after receipt of the justification and statement required by section 5194(i)(11), or if no justification and statement is filed, within 30 days of the original notice, and shall notify the employer or manufacturer and any party who has requested the information pursuant to the California Public Records Act of that determination by certified mail. If the Director determines that the information is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the information shall be available to the public.

(13) Prior to the date specified in the final notice provided pursuant to section 5194(i)(12), a manufacturer, importer, or employer may institute an action in an appropriate superior court for a declaratory judgment as to whether such information is subject to protection from disclosure.

(14) If a manufacturer, importer, or employer demonstrates to the Director that the execution of a confidentiality agreement as provided for by section 5194(i)(10) would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Director may issue such orders to impose such additional limitations or conditions upon the disclosure of the requested information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the manufacturer, importer, or employer.

(15) Notwithstanding the existence of a trade secret claim, a manufacturer, importer, or employer shall disclose to the Director the specific chemical identity or percentage composition of any hazardous chemical in a product for which trade secrecy is claimed. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.

(16) Nothing in section 5194(i) shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is a trade secret.

(j) Effective dates.

(1) Employers shall train employees regarding the new label elements and safety data sheets format by December 1, 2013.

(2) Manufacturers, importers, distributors, and employers shall be in compliance with all modified provisions of this section no later than June 1, 2015, except:

(A) After December 1, 2015, the distributor shall not ship containers labeled by the manufacturer or importer unless the label has been modified to comply with section 5194(f)(1).

(B) All employers shall, as necessary, update any alternative workplace labeling used under section 5194 (f)(6), update the hazard communication program required by section 5194(h)(1), and provide any additional employee training in accordance with section 5194(h)(3) for newly identified physical or health hazards no later than June 1, 2016.

(3) Manufacturers, importers, distributors, and employers may comply with either section 5194 revised as of July 6, 2004, or the current version of this standard, or both during the transition period.

(k) Appendices.

(1) Appendices A to E of this section are incorporated as part of this section and the provisions are mandatory.

(2) Appendix F contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligation.

(3) Appendix G contains the following 22 CCR Sections: 12201(a), 12201(b), 12201(c), 12201(d), 12201(f), 12201(k), 12502, 12601, 12701(a), 12701(b), 12701(d), 12703, 12705, 12707, 12709, 12711, 12721, 12801, 12803, 12805, 12821, and 12901 in effect on May 9, 1991 that are referred to in subsection (b)(6).

Note: Authority cited: Sections 50.7, 142.3 and 6398, Labor Code. Reference: Sections 50.7, 142.3 and 6361-6399.7, Labor Code; Sections 25249.6, 25249.7, 25249.8, 25249.10, 25249.11, 25249.12 and 25249.13, Health and Safety Code; California Lab. Federation v. Occupational Safety and Health Stds. Bd. (1990) 221 Cal.App.3d 1547 [271 Cal. Rptr. 310]; and United Steelworkers of America v. Auchter (3d Cir. 1985) 763 F.2d 728.

HISTORY

1. New section filed 12-9-81; designated effective 180 days following adoption of a list of hazardous substances pursuant to the Act by the Director, Department of Industrial Relations (Register 81, No. 50).

2. Repealer and new section (including appendices A-C) filed 11-22-85; designated effective 11-25-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 47).

3. Order of Repeal of subsection (a) pursuant to Government Code section 11342(b), amendment, and new appendix D filed 5-26-87; operative 6-25-87 (Register 87, No. 23).

4. Change without regulatory effect removing chapter heading filed 3-6-91; operative 4-4-91 (Register 91, No. 15).

5. Change without regulatory effect repealing Article 110 heading “Special Hazardous Substances and Processes” filed 3-6-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 15).

6. New subsections (b)(6)(A)-(E) and (k)(3) filed 5-31-91 as an emergency; operative 5-31-91 (Register 91, No. 33). A Certificate of Compliance must be transmitted to OAL by 9-30-91 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section filed 9-30-91 as an emergency; operative 9-30-91 (Register 92, No. 2). A Certificate of Compliance must be transmitted to OAL 1-28-92 or emergency language will be repealed by operation of law on the following day.

8. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 12).

9. New subsections (b)(6)(A)-(F) and (k)(3) refiled 12-17-91; operative 12-17-91. Certificate of Compliance included (Register 92, No. 12).

10. Change without regulatory effect amending definitions of Chief, Department, and Director in subsection (c) filed 3- 4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).

11. New subsections (b)(5)(I)-(b)(5)(I)3. and (e)(2)(A)-(C), new subsection (g)(2)(a)3.b. and subsection relettering, new subsection (g)(9) and subsection renumbering, and amendment of subsections (b)(4)(B), (b)(5)(H), (d)(3)(A), (d)(3)(C), (d)(4)-(d)(4)(B), (d)(5)(D), (e)(1), (e)(2), (f), (f)(1), (g)(1), (g)(2)(G), (g)(8), (h)(2)(C), (i)(9), (i)(16) and newly designated subsections (g)(10) and (g)(12)(D) filed 4-26-93; operative 5-26-93 (Register 93, No. 18).

12. Editorial correction of History 9 (Register 94, No. 13).

13. Change without regulatory effect amending subsection (g)(12)(A) filed 12-14-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 50).

14. Repealer of note to subsection (f) filed 9-4-97; operative 10-4-97 (Register 97, No. 36).

15. Change without regulatory effect changing subsection (k) designator to subsection (j) designator filed 3-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 12).

16. Amendment of subsections (b)(5)(C), (d)(3)(C) and (d)(4)(A)-(B), new subsection (f)(10) and amendment of subsections (g)(2), (g)(2)(G), (g)(6), (g)(8) and (h)(1) filed 7-6-2004; operative 7-6-2004. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2004, No. 28).

17. Amendment filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).

Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G

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