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REG - 30.07.1 - Chemical Hazard Communication Regulation

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Authority: Chancellor
Responsible Office Environmental and Occupational Health and Safety
History: Effective Date: April 12, 2018
Related Links:
Contact: Environmental Health and Safety Office, 919-530-7694, ehs@nccu.edu

1.         Purpose

1.1       This regulation describes how to protect the safety and health of employees who are exposed to hazardous chemicals at the University by ensuring flow of chemical hazard information from manufacture and importer, and to comply with the provisions of 29 CFR 1910.1200 (Hazard Communication Standard). Preserved chemical hazard information includes container labeling and other forms of warning, safety data sheets and employee training. Exposure includes normal conditions of use or in a foreseeable emergency.

2.         Scope

2.1       This regulation applies to any chemical (See Appendix G for definitions of terms used throughout.) which is classified as a physical hazard (See Appendix B.) or a health hazard (See Appendix A.), a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. This regulation does not apply to: hazardous waste per 29 CFR 1910.1200(b)(6)(i); CERCLA hazardous substances, per 29 CFR 1910.1200(b)(6)(ii); tobacco or tobacco products, per 29 CFR 1910.1200(b)(6)(iii); wood or wood products, per 29 CFR 1910.1200(b)(6)(iv); articles defined in 29 CFR 1910.1200(c), per 29 CFR 1910.1200(b)(6)(v); food or alcoholic beverages, per 29 CFR 1910.1200(b)(6)(vi); any drug, per 29 CFR 1910.1200(b)(6)(vii); cosmetics, per 29 CFR 1910.1200(b)(6)(viii); certain consumer products or hazardous substances regulated elsewhere, per 29 CFR 1910.1200(b)(6)(ix); nuisance particulates, per 29 CFR 1910.1200(b)(6)(x); ionizing and nonionizing radiation, per 29 CFR 1910.1200(b)(6)(xi); and biological hazards, per 29 CFR 1910.1200(b)(6)(xii).

2.2       This regulation applies to laboratories only as follows: preserving incoming containers of hazardous chemicals, per 29 CFR 1910.1200(b)(3)(i); maintaining safety data sheets provided and providing their ready access, per 29 CFR 1910.1200(b)(3)(ii); providing information and training of existing and new hazardous chemicals introduced, per 29 CFR 1910.1200(b)(3)(iii); and labeling shipping containers of hazardous chemicals and providing safety data sheets, per 29 CFR 1910.1200(b)(3)(iv).

2.3       This regulation applies to work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, e.g., warehousing or retail sales, only as follows: preserving incoming containers of hazardous chemicals, per 29 CFR 1910.1200(b)(4)(i); maintaining safety data sheets provided, obtaining a safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if a warehousing or retail sales employee requests the safety data sheet, and providing their ready access, per 29 CFR 1910.1200(b)(4)(ii); and providing information and training to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container, per 29 CFR 1910.1200(b)(4)(iii). 

2.4       This regulation does not require labeling of the following hazardous chemicals: any pesticide, per 29 CFR 1910.1200(b)(5)(i); any TSCA-defined chemical substance or mixture, per 29 CFR 1910.1200(b)(5)(ii); any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, per 29 CFR 1910.1200(b)(5)(iii); any distilled spirits, per 29 CFR 1910.1200(b)(5)(iv); certain consumer products or hazardous substances regulated elsewhere, per 29 CFR 1910.1200(b)(5)(v); and any agricultural or vegetable seed treated with pesticides, per 29 CFR 1910.1200(b)(5)(vi).

2.5       This regulation contains the several appendices for mandatory definitions and guidance:

2.5.1    Appendix A - Health Hazard Criteria (Appendix A to 29 CFR 1910.1200)

2.5.1    Appendix B - Physical Criteria (Appendix B to 29 CFR 1910.1200)

2.5.1    Appendix C - Allocation of Label Elements (Appendix C to 29 CFR 1910.1200)

2.5.1    Appendix D - Safety Data Sheets (SDS) (Appendix D to 29 CFR 1910.1200)

2.5.1    Appendix E - Definition of “Trade Secret” (Appendix E to 29 CFR 1910.1200)

2.5.1    Appendix F - Guidance for Hazard Classifications Re: Carcinogenicity (Appendix F to 29 CFR 1910.1200)

2.5.1    Appendix G – Definitions (29 CFR 1910.1200(c))

3.         Written Program

3.1       This regulation is the Hazard Communication Program applicable to all employees during all shifts, all hazardous chemicals, and all locations controlled by North Carolina Central University.  This written Hazard Communication Program is posted on the intranet (MyEOL/MyNavigation/Employees/Safety Data Sheets).

3.1.1    Responsibilities

3.1.1.1 The Director of Environmental Health & Safety (EHS) has been assigned the title of hazard communication program coordinator and is responsible for monitoring all related activities to ensure compliance with both the intent and specifics of this program.

3.1.1.2 Each supervisor and/or manager will be held responsible for strict adherence to these policies and will closely monitor all activities involving hazardous chemicals.

3.1.1.3 Each employee will carefully follow instructions from their supervisor/manager and promptly report observed or potential problems to the department head of the unit in which they are employed.

4.         Chemical Inventory

4.1       A list of all hazardous chemicals for the workplace is maintained on NCCU’s intranet (MyEOL/MyNavigation/Employees/Safety Data Sheets) and is readily available upon request to any employee working on any shift.

4.2       Each supervisor and/or manager requesting distribution of a hazardous chemical to a location is responsible for ensuring that the list of hazardous chemicals is kept current.

4.3       Each project manager of a contractor distributing of a hazardous chemical to a location is responsible for ensuring that the list of hazardous chemicals is kept current.

5.         Safety Data Sheets

5.1.      The safety data sheets (See Appendix D for SDSs.) are accessible during each work shift for any employee to review on the intranet MyEOL/MyNavigation/Employees/Safety Data Sheets. All employee questions regarding the SDS procedure, should be posed to the applicable supervisor or manager.

5.2       Each supervisor and/or manager requesting distribution of a hazardous chemical to the location is responsible for ensuring that the current SDS is accessible via that location for each hazardous chemical used and/or stored.

5.3       Each project manager of a contractor distributing of a hazardous chemical to a location is responsible for ensuring that the current SDS is accessible via that location for each hazardous chemical used and/or stored.

5.4       Each supervisor and/or manager of work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, e.g., warehousing or retail sales, shall upon request of their employee, obtain the current SDS and provide access via the intranet MyEOL/MyNavigation/Employees/Safety Data Sheets.

6.         Labels

6.1.      All containers of hazardous chemicals in each workplace will be conspicuously labeled (See Appendix C.) with the identity of the chemical (same as on the applicable SDS) and the appropriate hazard warnings. If the chemical is a known or suspected cancer causing agent (carcinogen, see Appendix F) or if it is known to affect a specific organ of the body, this information will also be placed on the container label. The person having supervisory responsibility for the storage or use of each hazardous chemical will ensure that such labels are not defaced and that they remain legible at all times.

7.         Non-Routine Tasks

7.1.      The EHS Director and Emergency Management Coordinator are jointly responsible for anticipating, as much as possible, the hazards that would be present for non-routine tasks, such as a chemical spill or container rupture. Cleanup procedures and proper personal protective equipment will be considered and adequate training for such tasks will be addressed.

8.         Contractors

8.1.      When an outside contractor will be used, it will be the responsibility of project manager to advise the contractor of any hazardous chemicals to which its employees may be exposed, the labeling system, and the appropriate protective measures to be taken. Conversely, it will be the same project manager’s responsibility to determine if the contractor will be using any hazardous chemicals during this work that would expose employees and methods employees can use to obtain SDSs for each of these hazardous chemicals and to provide access via the intranet MyEOL/MyNavigation/Employees/Safety Data Sheets.

9.         Training and Information

9.1.      Appropriate training and protective measures must be taken in order to protect employees. Prior to any work being performed by an outside contractor involving hazardous chemicals, the EHS Director is to be advised.

9.2.      All employees exposed to any hazardous chemicals will complete an information and training program that includes at least the subjects listed below. New employees must complete similar instruction before initial exposure to any hazardous chemical in the workplace.

9.3.      Adequate training of all employees exposed to hazardous chemicals will be given primarily by their supervisor, who will be assisted as needed by EHS.

9.4.      Employee information for this program, typically provided during Employee Orientation by EHS, will include:

9.4.1.   The purpose and need for such a program, including the basic concept that gives every employee the right to know about hazardous chemicals with which they work.

9.4.2.   The location and availability of the written hazard communication program, plus the list of hazardous chemicals and their corresponding SDSs.

9.4.3.   The identity, upon request, of any chemical to which the employee is exposed. In the case of a trade secret chemical (See Appendix E.), the name shown on the SDS will be provided.

9.5.      Employee training will include at least the following:

9.5.1.   Methods and observations used to detect the presence or release of a hazardous chemical in the work area, such as monitoring devices, appearance or odor

9.5.2.   The physical and health hazards associated with each chemical, as specified in the SDS.

9.5.3.   Actions that employees can take to protect their own safety and health, including specific procedures that have been established for normal work practices, emergency procedures and policies on the use of personal protective equipment.

9.5.4.   Details of the hazard communication program, including an explanation of the labeling system used on in-house containers of hazardous chemicals. Also details of how employees can obtain and use information contained in the SDS.

9.6.      It is the intent of management to protect the safety and health of each employee. By following correct procedures, no employee should experience any harmful effects from working with chemicals in the workplace.

10.       Records

10.1     The University is required to maintain a record of any potential employee exposure to a hazardous chemical.  The record may include the following:

10.1.1. Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;

10.1.2. Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.), but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;

10.1.3. Safety data sheets indicating that the material may pose a hazard to human health; or

10.1.4. In the absence of the above, a chemical inventory or any other record which reveals where and when used a hazardous chemical was used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.

10.2.    Safety data sheets or chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name of a toxic substance or harmful physical agent) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, including where it was used, and when it was used, is retained for at least thirty (30) years; and biological monitoring results designated as exposure records by specific occupational safety and health standards shall be preserved and maintained as required by the specific standard.

10.3.    Each analysis using exposure or medical records shall be preserved and maintained for at least thirty (30) years.