HazCom Labels, An Essay
OSHA issued its Hazard Communication Standard (HCS), 29 CFR ยง1910.1200, in 1983 to provide workers with the right to know the hazards of chemicals to which they are exposed in the workplace. The standard requires manufacturers and importers to evaluate the hazards of chemicals they produce or import, and to transmit this information downstream to their customers by means of labels and material safety data sheets. Employers must develop a written hazard communication program through which they provide their employees with information and training about hazardous chemicals they are exposed to while they are working.
The HSC became effective for manufacturers and importers in November, 1985, and for employers in the manufacturing sector (SIC codes 20-39) six months later, in May, 1986. The scope of the standard was broadened in 1987 to cover all industries where employees are exposed to hazardous chemicals. Despite the fact that the HCS has been "on the books" for over ten years, it is still the standard that is most frequently cited during compliance inspections. During the past year more than 10,500 citations were issued as a result of slightly more than 4,900 inspections. These citations resulted in penalties that exceeded $2,900,000.
The violations most frequently noted during these inspections are related to worker training and the effectiveness of the employer's hazard communication program. This is due in part to the fact that the HCS, unlike other OSHA standards, is performance-oriented: "It sets goals for compliance but does not specify the precise means to reach those goals in all situations." Compliance with the HCS is not judged by adherence to specific requirements in the standard itself, but by how well employees know and understand the nature of the hazards to which they are exposed. Inspectors are less likely to issue a citation because of a failure to have each hazard well marked - but far more likely to quiz your employees: "Do you understand the rating scales?" "What does a '4' mean?" "What personal protection should you wear?" "What dangers are involved in handling this hazardous chemical?"
Appendix E to the HCS provides guidance to the employer in establishing an effective program and in providing employee information and training. This appendix, however, is non-mandatory and does not provide a detailed set of instructions. Because each workplace is unique in the jobs that are performed and in the chemicals present, the employer can use this appendix to tailor a program that suits the particular circumstances.
Another section of the regulation that is frequently cited during OSHA inspections relates to warning labels used on containers as well as those used in the workplace. OSHA has found that such labels are frequently lacking in the information they convey, including target organ effects. OSHA modified its definition of hazard warning in 1994 to affirm its position concerning adequacy of hazard warnings by stating that they include "the specific physical or health hazard(s), including target organ effects, of the chemical(s) in the container(s)...
Many companies utilize in-plant labeling systems such as the National Fire Protection Association's Standard System for the Identification of the Fire Hazards of Materials (NFPA 704) or the National Paint and Coatings Association's Hazardous Material Identification System (HMIS) to inform their employees about workplace hazards. These systems utilize numerical ratings to classify the severity of a material's hazards, and were designed for particular needs The traditional NFPA diamond was designed for use by firemen in an emergency. It can be seen from a long distance, the number codes read quickly, and the label gives the firemen the immediate information they need in a emergency. Given very basic information, for example, on the reactivity of a material with water, they could select the best method for extinguishing a fire involving it. The HMIS system was built upon the NFPA scheme, and also provides a standardized way for presenting hazard information. In addition, an HMIS label can include alphabetical codes to designate appropriate personal protective equipment that employees should wear to minimize risk from exposure to a product.
Neither NFPA 704 nor HMIS, however, complies with OSHA's requirements by itself because they don't identify specific hazards. Nonetheless, OSHA allows some leeway with the type of information required in-plant labeling systems, provided the overall hazard communication program is effective in informing employees about hazards to which they are exposed, and the means to protect against them. In its 1994 update to the HCS, OSHA stated:
It is reasonable to allow this limited flexibility ... because in the in-plant context, the employer retains control over the entire hazard communication program within the workplace. In this limited circumstance, the employer can assure - through more intensified training - that its own employees are fully aware of the hazards of the chemicals being used.
Use of either of these in-plant labeling systems shifts the balance between the three components of an employer's HazCom program, labels, material safety data sheets, and training, toward training. We are asking too much of the training program and too little of the label.
Increase Employee Safety
The best label should identify all relevant hazards, including target organ effects, proper safety procedures to prevent accidents or injuries, and emergency procedures to follow in case of contact, fire, or spill. The label should also tell an employee what personal protection needs to be worn. "I can't tell you how may times we have a worker wearing an orange dust respirator when only a black organic vapor respirator would do any good...[get some similar quote here]"
Many chemicals don't just cause an immediate effect on the body, like a skin burn; they also have delayed or hidden hazards which may not be seen or felt until days or even years later. Employees need to know how his body could be affected by exposure to a hazardous chemical. This kind of information is not only likely to lead to greater understanding by your employee, but also to his or her taking the right steps to avoid injury. Knowing that dibromochloropropane causes sterility in men, or that breathing benzene can cause cancer will help convince the worker to don protective gear. Just telling the employee that a chemical has a health hazard of "2" (moderately toxic) isn't enough; we need to tell him or her what the danger is, how to avoid it, and what to do in case of emergency.
It is also important to recognize that 20% of manufacturing workers are illiterate and that it is these workers that are most likely to be injured on the job. Asking them to comprehend a text-heavy warning label or to relate general warnings to information presented in a training session that might have been conducted a year earlier can be futile. For this reason, clear pictograms are important since they can be immediately understood with no reliance on written words. Of course, the employees must first be trained in the meaning of such pictograms.
Label Should Link to the MSDS
The HCS requires that the label contain: 1. the identity of the chemical, so that it can be cross-referenced to the MSDS; "appropriate hazard warnings"; and, for shipped containers, the name and address of the manufacturer, importer, or other responsible party. According to OSHA, "'Hazard warnings' provide a brief summary of the hazards in a highlighted form. The MSDS provides more detailed information" Of course, an entire MSDS cannot be printed on every label. Important information can be lost in the clutter of a badly organized label, or can be ignored because of "information overload." A text-heavy ANSI label can suffer this fate.
A new labeling scheme, called SmartRTK, however, successfully addresses most of these concerns It was developed in conjunction with the human factors engineers at Purdue University, and represents a breakthrough. Each section links to a defined section of the recently adopted 16-section MSDS format, making it easy to get more information on a typical hazard. Moreover, these links make completing a label simpler and less prone to interpretation.
The SmartRTK Label uses several techniques to make a jump in label effectiveness. Like the traditional NFPA diamond or HMIS bands, very basic information is available at a glance. But, should you need more information, you can also find it as well. Because each MSDS reference is listed on the label, it greatly speeds your search through the MSDS, which can often be an obscure and intimidating document to many employees. A unique aspect of this new system, however, is that the color-coded hazard bars create a reference scale. "I knew I was in trouble when one of my students asked me with a dumbfounded look, 'If '4' means Extremely Toxic, what does a "7" mean?" With SmartRTK, you know what the top end of the scale is and the relative danger a material presents.
Another feature of this system distinguishes it from the other two - it can be used to assess and communicate health hazards other than acute effects. NFPA 704, for example, is primarily concerned with short-term exposures to hazardous chemicals or decomposition products. Chapter 2 of this manual states: "Health hazards that may result from chronic or repeated long-term exposure to low concentrations of a hazardous material shall not be considered." The HMIS system recognizes chronic hazards, but does not rate these. The user is merely alerted to the presence of a chronic effect by the presence of an asterisk in the health band. The updated HMIS reinforces the presence of a chronic hazard by incorporating a second box in the health hazard band which must either contain an "*" to indicate the presence of a chronic effect, or a single slash mark to void the box.
In contrast to the above, SmartRTK clearly addresses chronic effects, and provides a mechanism for assessing the degree of hazard associated with the effect. In developing the criteria for classifying these effects, we consulted both the Canadian Workplace Hazardous Materials Identification System (WHMIS) and the European Union Directives on Dangerous Substances and Preparations, both of which categorize non-acute effects. Using SmartRTK a worker can look at the rating to find out how serious a threat to his or her health a chemical presents. For example, benzene, a known human carcinogen, is assigned a health rating of "3" - Dangerous/Highly Toxic. On the other hand, crystalline quartz,, a suspect human carcinogen, is rated as "2" - Moderately Toxic.
Identify Health Hazards
OHSH has pointed out that an effective labeling system must identify target organ effects as well as the specific effects of a chemicals. "Precautionary statements alone are not considered to be general hazard information under [the revised provision for in-plant labeling]. A SmartRTK label contains the required target organ information which is provided both in words, and by the use of a unique series of pictograms designed to resemble the affected organs. When incorporated in a hazard communication program, these pictograms can help an illiterate worker recognize a health hazard. In addition, the label specifies the route(s) of entry so that the worker can take the necessary measures to avoid exposure to a hazardous chemical.
By providing recommended personnel protective equipment (PPE), the SmartRTK label also provides the worker with the information necessary for safely handling and using a chemical. Pictograms are also used to identify those items of PPE that are recommended for use when working with the material. Here, as with the target organ pictograms, a well constructed and conducted hazard communication program will enable workers who have little or no command of the English language to protect themselves.
As part of OMB's recent effort to analyze the burdens that OSHA put onto business, it determined that the Hazard Communication Standard eats up more paperwork hours than almost all of the other standards combined. Even worse, many of these hours are wasted on labels and training programs than don't communicate the essentials. HazCom professional need to be aware of how recent developments in RTK labeling can save both time and lives.
International Product Safety Managment, Inc.
384 Surrey Lane
Fairfield, CT 06430
203-256-8284
http://www.ipsm.com
m_reale@ipsm.com