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 COMMUNICATIONS 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.
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 MSDSs with hazardous materials.
Modifies some provisions of the original rule (promulgated Nov. 25, 1983) for various work situations in the nonmanufacturing 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
Preempts 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, Arizona, California, Connecticut (state and municipal employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York (state and municipal employees only), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, and Wyoming.
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.