We are often asked by clients whether their facilities staff are covered by the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard [29 CFR 1910.1200]. The answer to this question is generally “Yes.” Facilities employees commonly work with hazardous chemicals including cleaning products, solvents, refrigerants, and pump oils.
Employees who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies are covered by the Hazard Communication (HazCom) Standard. However, employees, such as office workers, who encounter hazardous chemicals only in non-routine, isolated instances are excluded. In addition, there are exemptions in the standard that need to be considered when determining applicability.
The exemption that most directly applies when assessing standard relevance for facilities employees is the one for “consumer products,” as defined by the Consumer Product Safety Act [15 U.S.C. 2051 et seq]. However, OSHA has clarified in a 2004 Letter of Interpretation that the exemption applies only when the employer can show that those products are used as intended by the manufacturer, and when the duration and frequency of exposure is not greater than what could result from typical consumer use. If the employees have exposure beyond that level, or if the products are not used as intended by the manufacturer, then the HazCom Standard applies.
Therefore, facilities employees’ use of consumer products, as well as other hazardous chemicals, most often falls under the regulation. This means that their employer must meet Hazard Communication Standard requirements as summarized below.
- Safety Data Sheets (SDSs) must be obtained and maintained for all hazardous chemicals/chemical-based products present, and they need to be readily accessible to employees.
- Labels must be on all incoming containers of hazardous chemicals/chemical-based products. Manufacturers’ labels should not be removed or defaced, and information on them must include the product identifier as well as hazard and precautionary statement(s). In addition, secondary containers, such as squirt bottles, are also required to have proper labeling.
- Training must be provided on the hazards of chemicals in the employees’ work area, how to understand labels and SDSs, and the protective measures that should be taken to prevent exposure. In addition, refresher training must be given whenever a new chemical hazard is introduced into the work area.
- A written Hazard Communication Program is required to be developed and maintained that details how the employer will comply with the standard, including procedures for labeling, SDS management, and employee training.
We can help determine HazCom applicability at your facility and develop and implement the requirements for a compliant Hazard Communication Program—contact us!
This blog was written by Beth Graham, Safety Partners’ Director of Quality, Research, and Training.
