OSHA has provided a simple summary of the HCS in a pamphlet entitled "Chemical Hazard Communication," OSHA Publication Number 3084 [ILPI's tip: you can download this in PDF format at http://www.osha.gov/Publications/osha3084.pdf, 254K]. Some
employers prefer to begin to become familiar with the rule's requirements by reading this pamphlet. A copy may be obtained from your local OSHA Area Office, or by contacting the OSHA Publications Office at (202) 523-9667.
The standard is long, and some parts of it are technical, but the basic concepts are simple. In fact, the requirements reflect what many
employers have been doing for years. You may find that you are already largely in compliance with many of the provisions, and will simply have to
modify your existing programs somewhat. If you are operating in an OSHA-approved State Plan State, you must comply with the State's requirements,
which may be different than those of the Federal rule. Many of the State Plan States had hazard communication or "right-to-know" laws prior to
promulgation of the Federal rule. Employers in State Plan States should contact their State OSHA offices for more information regarding applicable
requirements.
The HCS requires information to be prepared and transmitted regarding all hazardous chemicals. The HCS covers both physical hazards (such
as flammability), and health hazards (such as irritation, lung damage, and cancer). Most chemicals used in the workplace have some hazard potential,
and thus will be covered by the rule.
One difference between this rule and many others adopted by OSHA is that this one is performance-oriented. That means that you have the
flexibility to adapt the rule to the needs of your workplace, rather than having to follow specific, rigid requirements. It also means that you have
to exercise more judgment to implement an appropriate and effective program.
The standard's design is simple. Chemical manufacturers and importers must evaluate the hazards of the chemicals they produce or import.
Using that information, they must then prepare labels for containers, and more detailed technical bulletins called material safety data sheets (MSDS).
Chemical manufacturers, importers, and distributors of hazardous chemicals are all required to provide the appropriate labels and material
safety data sheets to the employers to which they ship the chemicals. The information is to be provided automatically. Every container of hazardous
chemicals you receive must be labeled, tagged, or marked with the required information. Your suppliers must also send you a properly completed
material safety data sheet (MSDS) at the time of the first shipment of the chemical, and with the next shipment after the MSDS is updated with new and
significant information about the hazards.
You can rely on the information received from your suppliers. You have no independent duty to analyze the chemical or evaluate the hazards
of it. [ILPI tip: Here's the official word from OSHA on that: CPL 2-2.38D - Inspection Procedures for the Hazard Communication Standard]
Employers that "use" hazardous chemicals must have a program to ensure the information is provided to exposed employees. "Use" means to
package, handle, react, or transfer. This is an intentionally broad scope, and includes any situation where a chemical is present in such a way that
employees may be exposed under normal conditions of use or in a foreseeable emergency.
The requirements of the rule that deal specifically with the hazard communication program are found in this section in paragraphs (e),
written hazard communication program; (f), labels and other forms of warning; (g), material safety data sheets; and (h), employee information and
training. The requirements of these paragraphs should be the focus of your attention. Concentrate on becoming familiar with them, using paragraphs
(b), scope and application, and (c), definitions, as references when needed to help explain the provisions. [ILPI tip: check out our MSDS Hyperglossary and FAQ if you need additional help]
There are two types of work operations where the coverage of the rule is limited. These are laboratories and operations where chemicals
are only handled in sealed containers (e.g., a warehouse). The limited provisions for these workplaces can be found in paragraph (b) of this section,
scope and application. Basically, employers having these types of work operations need only keep labels on containers as they are received; maintain
material safety data sheets that are received, and give employees access to them; and provide information and training for employees. Employers do not
have to have written hazard communication programs and lists of chemicals for these types of operations.
The limited coverage of laboratories and sealed container operations addresses the obligation of an employer to the workers in the
operations involved, and does not affect the employer's duties as a distributor of chemicals. For example, a distributor may have warehouse operations
where employees would be protected under the limited sealed container provisions. In this situation, requirements for obtaining and maintaining MSDSs
are limited to providing access to those received with containers while the substance is in the workplace, and requesting MSDSs when employees request
access for those not received with the containers. However, as a distributor of hazardous chemicals, that employer will still have responsibilities
for providing MSDSs to downstream customers at the time of the first shipment and when the MSDS is updated. Therefore, although they may not be
required for the employees in the work operation, the distributor may, nevertheless, have to have MSDSs to satisfy other requirements of the
rule.