The Hazard Communication Standard (HCS) is a federally mandated system ensuring that chemical hazards are evaluated and that information concerning these hazards is transmitted to employers and employees. Often called the “Right to Know” law, the HCS establishes a uniform approach to classifying chemical hazards and communicating those risks throughout the supply chain. The goal is to minimize chemically-induced illnesses and injuries by providing workers with the necessary knowledge to handle substances safely. The system assigns specific responsibilities to various entities to maintain a continuous flow of information from the chemical’s origin to the end-user.
Primary Duty Holders: Chemical Producers and Importers
The communication process begins with chemical producers and importers, who bear the initial burden of hazard determination. They must evaluate the physical and health hazards of every chemical they manufacture or import into the United States. This evaluation determines the appropriate hazard classification for each substance, which dictates the required communication elements. Producers must then create and provide a Safety Data Sheet (SDS) for the chemical, summarizing hazard information and safety precautions. Every container of hazardous chemicals leaving their facility must also be labeled with the product identifier, signal word, hazard statements, pictograms, and precautionary statements.
The Role of Distributors and Suppliers
Distributors and suppliers are intermediate links in the supply chain, primarily responsible for transmitting hazard information. They must ensure that containers leaving their facilities remain properly labeled as received from the producer. They must also provide the most current Safety Data Sheet (SDS) to the downstream employer or customer at the time of the first shipment. If a distributor resells the chemical without modification, they are not required to conduct a new hazard determination. Their obligation is to maintain the integrity of the communication components established by the original producer, ensuring labels and SDSs accompany the product.
Employer Responsibilities for Workplace Safety
Employers who use hazardous chemicals assume responsibility for establishing a site-specific hazard communication program. This involves actively integrating the hazard data into the workplace’s daily operations. The initial step is compiling an accurate inventory of all hazardous chemicals present on site, including those generated as byproducts. This list is cross-referenced with the corresponding Safety Data Sheets (SDS). Employers must ensure all containers are clearly labeled, SDSs are readily accessible, and effective training is provided to all exposed employees, both initially and whenever a new chemical hazard is introduced.
Key Components of the Employer’s Written Program
Employers must document compliance by developing a written hazard communication program. This program outlines how the HCS will be implemented in their specific workplace. The plan must detail procedures for maintaining the chemical inventory, ensuring proper labeling, and delivering mandatory employee training. The written program serves as the blueprint for managing chemical hazards and must be available to all employees and their representatives.
Safety Data Sheets (SDS)
The written program must establish clear procedures for obtaining and maintaining SDSs for every hazardous chemical in the inventory. These documents are standardized into a 16-section format, ensuring uniformity. Employers must ensure the SDSs are fully accessible to employees during every work shift without technical or administrative barriers. Accessibility can be achieved through physical binder systems or electronic means, such as dedicated computer terminals. The chosen system must not create a delay when an employee needs to consult the information, such as during an emergency.
Workplace Labeling
Employers are responsible for ensuring that secondary containers, such as smaller bottles used for decanted chemicals, are properly labeled. These workplace labels must provide employees with a clear understanding of the chemical’s identity and associated hazards. Employers have flexibility in choosing a labeling system for these containers, provided the method is consistent and effective for the workforce. Acceptable systems include replicating the manufacturer’s label or using alternative formats like the National Fire Protection Association (NFPA) diamond or the Hazardous Materials Identification System (HMIS). The chosen system must be clearly explained to all employees as part of the hazard communication training and written program.
Employee Information and Training
The training program must be presented in a manner and language employees can readily understand. Instruction must cover the physical and health hazards of the specific chemicals in their work area and the protective measures implemented by the employer. These measures include engineering controls, administrative procedures, and the proper use of personal protective equipment. Employees must be taught how to read and interpret container labels and Safety Data Sheets to extract relevant safety information. Training must also detail the employer’s written hazard communication program, including where to find the chemical inventory and procedures for handling non-routine tasks.
Employee Rights and Responsibilities
Employees hold specific duties centered on active participation in the safety process. Workers are responsible for attending the training provided by their employer to understand chemical risks. They must follow established safety procedures, utilize provided safeguards, and properly use personal protective equipment when handling hazardous substances. Employees also retain rights, including the ability to access Safety Data Sheets and written program information without permission. They have the right to receive effective training and to request information about hazardous chemicals without fear of retribution.