HCS--Hazard Communication Standard

What?

Fed-OSHA's Hazard Communication Standard (29 CFR 1910.1200) imposes specific training, labeling, and documentation requirements on businesses that work with hazardous chemicals. This regulation is the most frequently-cited OSHA standard for general industry employers, meaning that more businesses are fined for non-compliance with the rule than any other safety regulation.

Who?

The standard applies to businesses with 1 or more employees under Fed-OSHA jurisdiction if any hazardous chemical is used or stored in the workplace. It is enforced by Fed-OSHA. The "hazard determination" provisions of the standard apply only to producers of hazardous chemicals. The remainder of the standard applies to users of hazardous chemicals.

How?

The core element of the rule is a document called a "Material Safety Data Sheet" (MSDS), which producers of hazardous chemicals must include with each shipment. MSDS's list the chemical's ingredients, characteristics, health hazards, fire/explosion hazards, control measures, and safe handling practices. Employers must store these MSDS's for each chemical in their facility, and must grant employee access to these sheets upon request.

Requirements

Employers covered by the standard must implement a written hazard communication program addressing such topics as storage and retention of MSDS's, container labeling, safe handling, and employee training. The training requirement requires employers to train their employees on how to read chemical labels and how to use the chemicals safely (including the types of personal protective equipment that must be worn, if any).

Penalties

Penalties for non-compliance depend upon the severity of violation and the safety and health record of the business. Non-serious violations are punishable by fines up to $7000.00 per violation. Willful and repeat violations are punishable by fines up to $70,000.00 per violation.

Recommnedations

Since the definition of "hazardous chemical" as listed in the standard is quite broad, the Hazard Communication standard can be interpreted as applicable to virtually every workplace. As such, implementing a written program in every facility is highly recommended, regardless of whether the employer is aware of whether on-site chemicals are truly "hazardous."