One of the biggest myths of OSHA compliance over the past four years is that NFPA 704 and/or HMIS are no longer valid “secondary container” labels and that these “secondary containers” labels must contain pictograms, signal word, precautionary statements, etc. Companies and businesses have been sold a pile of @#$%! in order to spend millions of dollars on label makers and new containers with permanent GHS labeling. This is EXACTLY what OSHA has been saying regarding workplace labels since July 2015. As I said in my previous eight (8) posts about GHS Labeling, NFPA 704 and HMIS are still very much ACCEPTED by OSHA for “workplace labels” (sometimes called secondary, internal or in-house labels).
Workplace labels must include, EITHER:
- the information in paragraph (f)(1)(i) through (f)(1)(v) as specified in (f)(6)(i); OR,
- Product identifier and words, pictures, symbols, or a combination thereof, providing general information on the hazards of the chemicals, and which, in conjunction, with other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical, (f)(6)(ii).
- If symbols are used they must NOT contradict the pictograms, or use of the wrong symbol for a given hazard (e.g., using the symbol for oxidizers to signify carcinogens).
Employers using alternative labeling systems must ensure that their employees are aware of all information required to be conveyed under the HCS.
OSHA will make a plant-specific determination of the effectiveness of the complete program when an inspection is conducted. Any employer who relies on one of these types of alternative labeling systems, instead of using labels containing complete health effects information will – in any enforcement action alleging the inadequacy of the labeling system – bear the burden of establishing that it has achieved a level of employee awareness which equals or exceeds that which would have been achieved if the employer had used labels containing complete health effects information (59 F.R. 6156).
The key to evaluating the effectiveness of any alternative labeling method is to determine whether employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings. The alternative labeling system must also be readily accessible to all employees in their work area throughout each work shift. For purposes of this provision, the term “other information immediately available” does not include safety data sheets used in lieu of labels.
Pictograms
The workplace (i.e., in-house) label does NOT need to include the pictogram or a description of the pictogram.
If a pictogram is used, it can be used with a black border. This is acceptable ONLY for in-house labels.
Precautionary statements and hazard statements may be used on the in-house labels but are NOT required.
Rating Systems
The NFPA or HMIS rating systems do not directly correlate with the HCS classifications (e.g., the NFPA rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”)). However, the HMIS or NFPA system may be used as part of an employer’s workplace labeling system, IF used in accordance with the NFPA and HMIS guidelines and as long as it does not cast doubt or contradict the validity of the label information.
Employers must ensure that their training program instructs employees on how to use and understand the alternative labeling systems so that employees are aware of the effects of the hazardous chemicals to which they are potentially exposed. CSHOs will determine whether workers can recognize what hazards correspond to what code ratings/symbols. This will be achieved through employee interviews.
Workplace labels MUST include:
- the product identifier and
- general information regarding all of the hazards of the chemical(s)
even when using the NFPA or HMIS system. In some cases, all hazards are not addressed by a particular rating system (e.g., chronic health hazards), and therefore, hazards not addressed must be communicated by words, pictures, symbols, or a combination thereof in addition to the NFPA or HMIS rating system. If any of the required label information is missing, it is not compliant with the standard.
For additional guidance on use of the NFPA rating systems, please see http://www.osha.gov/Publications/OSHA3678.pdf.
Stationary Process Containers
An employer may use, for example, signs, placards, process sheets, batch tickets or operating procedures instead of affixing labels to individual stationary process container. Alternative method must identify the container(s) to which it is applicable and conveys the information required by paragraph (f)(6).
The employer must ensure that the written material (e.g., batch sheets) is readily available to each employee in the work area during their work shift.
DOT Tanker Truck and Railroad Tank Car Labeling
In situations where a tank truck, rail car, or similar vehicle comprise the container for the hazardous chemical, the labeling information may either be posted on the outside of the vehicle or attached to the accompanying shipping papers or bill-of-lading. A label may not be shipped separately, even prior to shipment of the hazardous chemical, since to do so defeats the purpose of providing an immediate hazard warning. Mailing labels directly to purchasers bypasses employees involved in transporting and handling the hazardous chemical. (Note the exemption in (f)(4)(i) for solid metals, plastic items, shipments of whole grain, and solid wood (i.e., untreated lumber)).
- If a tanker truck or railroad tank car that is labeled in accordance with the DOT labeling requirements arrives at a facility and is offloaded into a storage tank, without storage of the tanker truck or railroad car, the DOT labeling would be sufficient on the tanker truck or railroad car.
- If the tanker truck or railroad tank car is stored (wheels chocked and cab/engine disconnected from the tanker/rail car) prior to offloading, the requirements of HCS apply and the labels must comply with (f)(7). OSHA is allowing this to be labeled as a stationary process container.
- If the tanker truck or railroad tank car becomes part of the process (e.g., hooked up to the piping system, used as a process container), it must be labeled in accordance with paragraph (f)(7). OSHA is allowing this to be labeled as a stationary process container.
- If the tanker truck or railroad tank car is used as a transport container in-house (e.g., internal railroad car system), (f)(7) does NOT apply and the container must be labeled in compliance with the workplace labeling rules in (f)(6)(i) or (f)(6)(ii), as the container is no longer stationary.
Training for each employee needs to cover the details of the hazard communication program including:
- Labeling requirements
- Training on labeling includes information about shipped container labels.
- The workplace labeling system used by the employer.
- For example, if the workplace labeling system includes HMIS or NFPA rating systems, workers must be trained to understand what these systems mean, how to utilize the information, etc.
The following are some of the issues a CSHO should focus on:
- Is a training program in place?
- Have workers been trained prior to initial assignment?
- Have workers been trained when a new hazard is introduced?
- Do workers know how to access SDSs? (This includes sufficient computer skills to access SDSs stored on a computer.)
- Do workers understand the workplace (in-house) labeling system?
During the interviews, the CSHO must ensure that an employer who relies on alternative labeling under (f)(6)(ii) has provided a level of employee awareness through training which equals or exceeds that which would have been achieved had the employer used labels containing all the information from the shipped container.
The CSHO shall evaluate the effectiveness of any alternative labeling method by determining whether employees can correlate the visual warning on in-plant containers with the applicable chemical and its appropriate hazard warnings. Also, a determination should be made whether training been provided on emergency procedures.
Source: https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf