HAZCOM and PSM Standards for Petrochemical Companies: Practical - PowerPoint PPT Presentation

HAZCOM and PSM Standards for Petrochemical Companies: Practical Strategies on How to Comply with New Requirements Presenters: Mark Dreux, Partner, ArentFox Anne Sefried, Field Applications Specialist, BIOVIA

Presenter: Mark Dreux Mark Dreux is the head of the OSHA Group in ArentFox’s Labor & Employment Practice and is nationally recognized for his work in occupational safety and health law. He focuses on representing employers and trade associations in all aspects of the Occupational Safety and Health Act (OSH Act). Mark’s practice includes counseling clients in regulatory compliance with the standards and regulations which OSHA and the state plans have promulgated, investigating significant workplace incidents, managing OSHA inspections, contesting OSHA citations, defending employers in OSHA enforcement actions, conducting safety and health audits and due diligence reviews, and engaging in regulatory advocacy.

Presenter: Anne Sefried Anne is a Presales Field Applications Engineer working for Dassault Systems BIOVIA. She currently provides technical expertise is support of sales globally in regards to CISPro and chemical inventory management. Anne has over a decade of experience in chemical management operations, regulatory compliance, and best practices solution implementation. Anne graduated from Chapman University with a B.S. in Computer Information Systems.

Agenda Ø Overview of HazCom and PSM Ø Hazard Classifications Ø Labeling and SDS Requirements Ø Significant Changes PSM Ø Hazardous Chemical Management Ø Best Practices Solutions Ø Q&A

Overview Hazcom 2012 (AKA GHS) PSM Issues Ø Key Definitions Ø Request for Information Ø Summary Ø Two Interpretative Memoranda Ø Hazard Classifications Ø One Court Case on PSM Ø Labels Ø SBREFA Process Ø Safety Data Sheets (“SDS”) Ø Summary Ø Good Faith Extension Ø Inspection Issues

HAZCOM 2012 (GHS) Key Definitions Ø Guidance applies only to chemical manufacturers, importers and distributors – not “upstream suppliers of raw materials.” Ø HCS 2012 Definitions: § "Chemical manufacturer" means an employer with a workplace where chemical(s) are produced for use or distribution § "Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States. § "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers. Ø Guidance memorandum additionally mentions “product formulators of mixtures” with manufacturers in FAQ section.

Summary of HAZCOM 2012 Ø 2012 – OSHA rolled out new HAZCOM Standard (HCS) § Biggest changes: – Classification of hazards – Appx. A (health) and B (physical) – Labeling and MSDS requirements brought into alignment with UN's Globally Harmonized System of Classification and Labeling Chemicals (GHS) Ø June 1 st , 2015 – deadline for employers (including chemical manufacturers and importers) to be in compliance with HCS. Ø Chemical distributors have until December 1, 2015 § All chemical labeling and MSDS (now Safety Data Sheets (SDS)) must be updated

Hazard Classification Ø Each health or physical hazard is a hazard class. § Health Class Examples: carcinogenicity, toxicity, corrosive, asphyxiant, etc. § Physical Class Examples: explosive, flammable gas, combustible dust, etc. Ø Each health or physical class may be further divided into categories based on severity. § Health categories 1-4 § Physical categories Divisions 1.1 – 1.6 Types A-G

Hazard Classification – July 9, 2015 CPL § Manufacturers or importers who are evaluating the hazards of the chemicals must consider all available data on the hazards. § The quality and consistency of the data shall be considered. § Both positive and negative results shall be considered together in a single weight-of-evidence determination. § Known intermediates and by-products are covered by the HCS and must be addressed in the hazard classification. § Decomposition products which are produced during normal conditions of use or in foreseeable emergencies for the product (e.g., plastics which are injection molded, diesel fuel emissions) are covered. § Under the HCS 1994, a product, if not tested as a whole, that contained 1% of a hazardous component and 99% of a nonhazardous ingredient, was assumed to present the same hazard as the component. This may not be the case under HCS 2012.

Hazard Classification Ø Classification of Mixtures (general approach) 1. Use available data on mixture as a whole 2. Use Bridging principles to extrapolate 3. Estimate hazards based on known information (cutoffs may apply) Ø Each class has its specific approach in Appendices Ø Hazard classification must follow the requirements outlined in Appendices A (health hazard) and B (physical hazard) of the standard.

HAZCOM Classification Ø Hazard Classification § Chemical manufacturers and importers are required to classify the hazards of the chemicals they produce or import. If an employer choses to do its own classifications, it is responsible for complying with the classification requirements of the HCS.

Required Label Information for Shipped Containers Shipped Containers Ø Manufacturers, importers, and distributors are required to ensure that each container of hazardous chemicals is appropriately labeled. Labeling requirements apply for shipped containers leaving the workplace. Ø Six Requirements for New Labels on Shipped Containers § Product Identifier § Signal Word § Pictograms § Hazard Statement § Precautionary Statement § Name, Address, Phone Number of Manufacturer, Distributor or Importer

Required Label Information for Shipped Containers Ø Product Identifier § Name or number used to identify a chemical Ø Signal Word § Identifies the severity of potential hazard § “Danger” and “Warning” are only signal words allowed § Only one of them can be used on label

Required Label Information for Shipped Containers Ø Pictograms § Usually identify the health or physical hazard class § 8 types required under the HAZCOM 2012 Standard § Must include symbol, white background and red border to convey specific information about the hazards of a chemical § Size of pictogram must be “sufficiently wide to be clearly visible” § Same pictogram may only appear once on the same label

Pictograms

Required Label Information for Shipped Containers Ø Hazard Statements § Explains hazard class and category § Nature of hazard § May combine hazard statements to save space or improve readability provided all required information is conveyed Ø Precautionary Statement Ø Phrase with recommended measures to prevent or minimize adverse effects from exposure, storage, handling, disposal and response Ø Can be arranged in any order Ø Can be combined to save space or improve readability Ø Name, Address, Phone Number of Manufacturer, Distributor or Importer

Labeling: Common Issues Ø All labels must be in English, however they can be provided in other languages as well. Ø OSHA does not specify the format of the label, just the minimum information required on the label. A manufacturer, importer or distributor may add supplemental information to a label, as long as it does not lead to unnecessarily wide variation or undermine the required information. Ø Supplemental information need not be physically separated from the required information on the label. Ø Supplemental information may not impede a user’s ability to identify the required information. Ø Label must be updated within 6 months of receiving new information.

HAZCOM – Safety Data Sheets (“SDS”) Ø SDS – formerly Material Safety Data Sheets (“MSDS”) Ø Standardized Format for SDS 16 Sections in a specific order. § Ø Sections 1-11 and 16 OSHA Required

HAZCOM – Safety Data Sheets 1. Identification; 2. Hazard(s) identification; 3. Composition/information on ingredients; 4. First-aid measures; 5. Fire-fighting measures; 6. Accidental release measures; 7. Handling and storage; 8. Exposure controls/personal protection; 9. Physical and chemical properties; 10. Stability and reactivity; 11. Toxicological information. 12. Ecological information; 13. Disposal considerations; 14. Transport information; 15. Regulatory information; and 16. Other information, including date of preparation or last revision. Ø OSHA will not enforce Sections 12-15 as outside its jurisdiction

HAZCOM – Safety Data Sheets Ø Chemical manufacturers and importers must develop safety data sheets in accordance with the HCS 2012 by June 1, 2015. Ø The SDS must be provided and maintained in English. Ø Provided an appropriate SDS with their initial shipment, and with the first shipment after a SDS is updated. Ø Chemical manufacturers or importers that become aware of significant new information must update their SDS’s within three months. Ø TLV’s and IARC/NTP carcinogenicity information must be in SDS’s.