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INFORMATION DATE 19890626
DESCRIPTION USDOL Program Highlights - OSHA's Expanded Hazard
Communications Standard
SUBJECT OSHA's Expanded hazard communication standard
U.S. Department of Labor
Program Highlights
Fact Sheet No. OSHA 89-26
OSHA'S EXPANDED HAZARD COMMUNICATION STANDARD
SUMMARY
The agency has expanded protection under its hazard communication
standard to include all workers exposed to hazardous substances in all
industrial sectors, not just those in the manufacturing sector covered
under the original standard.
EFFECTIVE DATES
September 23, 1987 -- Chemical manufacturers, importers, and
distributors were to have ensured by this date that material safety data
sheets were provided with their next shipment of hazardous chemicals to
all employers.
June 24, 1988 (delayed from May 23 by legal challenge) -- All
employers, except construction industry, were to be in compliance by this
date with all the provisions of the revised standard. OSHA began
enforcing the expanded rule on August 1, 1988. The standard took effect
for the construction industry on January 30, 1989 and OSHA began checking
for compliance beginning March 17, 1989.
EXPANDED SCOPE OF COVERAGE
Expands coverage from an estimated 14 million workers in 300,000
establishments by about 18 million workers in more than 3.5 million
affected worksites (including construction). Covers workers in all
Standard Industrial Classification (SIC) codes 01 through 89.
BENEFITS
Major reductions in numbers of injuries, illnesses and fatalities.
For cancer alone, OSHA estimates that the number of cases averted annually
in the non-manufacturing sectors by the federal and state standards, after
20 years, will be 8,200 cases and 4,100 deaths, and in 40 years will be
17,000 and 8,500 respectively. The cumulative total for 40 years would be
286,500 cases and 143,300 work-related cancer deaths averted.
COSTS
The cost of the expansion of the standard will be about $687.2
million for the first year. This will have decreased to about $113.2
million in the 20th year.
REQUIREMENTS
Requires that all non-manufacturing employers with employees exposed
to hazardous chemicals establish hazard communication programs to transmit
information on the hazard to these employees. This will be carried out by
means of labels on containers, material safety data sheets (MSDS's), and
training programs.
Makes all employers in addition to those in manufacturing and
importing responsible for informing and training workers about the hazards
in their workplaces, retaining warning labels, and making available MSDS's
with hazardous materials.
Modifies some provisions of the original rule (promulgated Nov. 25,
1983) for various work situations in the non-manufacturing sector. For
example, modifications have been made for work operations where employees
only deal with chemicals in sealed containers under normal conditions of
use (such as in the retail trades, warehousing, and truck and marine cargo
handling). These employers must assure that labels affixed to incoming
containers of hazardous materials are kept in place. They must maintain
and provide access to MSDS's received, or obtain MSDS's if requested by an
employee. And they must train workers on what to do in the event of a
spill or leak. However, written hazard communication programs will not be
required.
EFFECT ON STATE RIGHT-TO-KNOW LAWS
Pre-empts all state (in states without OSHA-approved job safety and
health programs) or local laws which relate to an issue covered by the
federal standard without regard to whether the state law would conflict
with, complement, or supplement the federal standard, and without regard
to whether the state law appears to be "at least as effective as" the
federal standard.
The only state worker right-to-know laws authorized would be those
established in states and jurisdictions that have OSHA-approved state
programs. These states and jurisdictions include: Alaska, Ariz., Calif.,
Conn. (state and municipal employees only), Hawaii, Ind., Iowa, Ky., Md.,
Mich., Minn., Nev., N.M., N.Y., (state and municipal employees only),
N.C., Ore., Puerto Rico, S.C., Tenn., Utah, Vermont, Virgin Islands, Va.,
Wash., and Wyo.
FEDERAL WORKERS
As with the original version of the hazard communication standard,
federal workers would be covered by executive order.
----------------------------------------------------------------------
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs. It is intended as a general description only
and does not carry the force of legal opinion.