SCHOOL SAFETY PROCEDURES FOR ART AND INDUSTRIAL ART PROGRAMS CHAPTER 3. HAZARD COMMUNICATION The OSHA Hazard Communication Standard (29 CFR 1910.1200) applies to all employees in the United States who are exposed or potentially exposed to hazardous substances at their workplace. The purpose of the Hazard Communication Standard is to ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazards is transmitted to employers and employees by means of comprehensive hazard communication programs. Such hazard communication programs must include container labeling and other forms of warning, material safety data sheets and employee training. WHO IS COVERED Because OSHA's provisions do not apply to state and local governments in their role as employers, public employees such as public teachers are not covered by the Hazard Communication Standard unless they work in a state with an OSHA-approved state plan. For example, New York has an approved state plan that covers public employers, such as public schools, called Public Employee Safety and Health (PESH). Private schools are covered under federal OSHA, although some state plans also cover private employers. The 25 States with their own OSHA-approved occupational safety and health plans must adopt a comparable standard within 6 months of the publication date of a final standard. These states include: Alaska, Arizona, California, Connecticut (for State and local government employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. Federal workers are covered under executive order. The Hazard Communication Standard 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. The only state worker right-to-know laws authorized would be those established in states and jurisdictions that have OSHA-approved state programs, for example, New York. WHAT IS COVERED A chemical is considered hazardous by OSHA if it poses a physical or health hazard. Health hazards may include both acute and chronic health effects. Physical hazards include combustible liquids, compressed gases, explosives, flammables, organic peroxides, oxidizers, pyrophorics, and unstable or water-reactive chemicals. The burden of evaluating chemicals to determine whether they are hazardous remains on the chemical manufacturers and importers who produce or import such chemicals. Certain products are not covered under the Hazard Communication Standard, including hazardous waste, wood or wood products, articles (defined as manufactured items), foods, drugs, or cosmetics intended for personal consumption in the workplace, and any consumer product or hazardous substance as defined by the Consumer Product Safety Act and Federal Hazardous Substances Act that is used in the workplace in the same manner as normal consumer use. Although wood and wood products are exempted from the requirements of the standard, wood dust is not exempted, and is considered a "hazardous chemical". WORKPLACE INVENTORY The first step in developing a hazard communication program is to assemble an inventory of all hazardous substances present in the workplace. Material Safety Data Sheets should be obtained for all products with warnings of any type on the label. The inventory list should include the product name, the manufacturer, hazardous components, and location where the product is used or stored. The type of hazard (fire, health, etc.) and the amount of the product would also be useful information for the inventory. This inventory should be updated annually. LABELS Containers must be labeled with the identity of the hazardous chemicals and provide hazard information in the form of words, pictures, symbols or a combination thereof. The purpose of the label is to serve as an immediate visual warning of the chemical hazards in the workplace. Certain products or chemicals are exempt from labeling requirements if they are labeled in accordance with other Federal regulations and include pesticides and consumer products. Art materials, for example, are covered under the Federal Hazardous Substances Act and the Labeling of Hazardous Art Materials Act (see Chapter 5). If chemicals are dispensed from a large container into a smaller container, the new container must be labeled (unless it would be used up in one day). MATERIAL SAFETY DATA SHEETS The school must obtain Material Safety Data Sheets (MSDSs) on all hazardous products. These MSDSs are produced by the manufacturer or importer of a hazardous product. MSDSs are not required for non-hazardous products, although many manufacturers of art materials provide MSDSs for their nonhazardous products, with a statement saying the product is nonhazardous. The manufacturer must provide distributors and other customers with MSDSs, upon first purchase of a hazardous product, and if the product formulation or known safety information changes, reulting in a new MSDS. Distributors of hazardous chemicals must automatically provide MSDSs to commercial customers, including schools. MSDSs should be stored centrally, as well as in the classroom where the product is used. I recommend storing the MSDSs in a three-ring binder for easy access. SARA and MSDSs Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) also requires employers covered by the Hazard Communication Standard to maintain MSDSs and submit such information to State emergency response commissions, local emergency planning committees, and local fire departments if the chemical is present in excess of reporting thresholds (see the SARA section of Chapter 5). This provides information to fire departments and the community in case of fire and other emergencies. The reporting thresholds are 10,000 pounds for chemicals not on the Extremely Hazardous Substance List, and 500 pounds or the threshold planning quantity (TPQ), whichever is lower, for chemicals listed as Extremely Hazardous Substances (EHS), as reported in the Federal Register, April 22, 1987 (52 FR 13378). The only chemicals on the Extremely Hazardous Chemical List that could possibly be found in schools in excess of the reporting thresholds are sulfuric acid and nitric acid. The reporting threshold for each of these is 500 pounds (approximately one 55-gallon drum). If an EHS is present in greater quantities than its TPQ (1000 pounds for each), then the school has to cooperate with local emergency authorities in emergency planning under section 303 of SARA, as well as more detailed inventory reporting under section 312 of SARA. Note that the total amount any EHS in the school has to be counted in determining whether the reporting threshold has been reached, not just the amount in the art or industrial art departments. Understanding MSDSs Manufacturers are not required to use the standard OSHA format as long as all the required information is present. The MSDS must be in English and must have no blank spaces. The following gives information on what should be contained in the various sections of a MSDS: Identity: The identity of the product should be the same name as found on the product label. Section I: The MSDS must have the name, address, and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing the MSDS who can give further information on the product hazards and emergency procedures. It must also give the date of preparation of the most recent version. Section II - Hazardous Ingredients/Identity Information This must include the chemical and common names of hazardous ingredients. For mixtures that have been tested as a whole, only the ingredients found to be hazardous must be listed. If the mixture has not been tested, all toxic ingredients at a concentration greater than 1% must be listed, as well as all carcinogenic ingredients at concentrations over 0.1%. Materials are considered hazardous if they are listed in OSHA's Z list (29 CFR 1910, Subpart Z, Toxic and Hazardous Substances), if the American Conference of Governmental Industrial Hygienists has assigned a Threshold Limit Value (TLV) to the material, or if it has been found to be toxic, carcinogenic, irritating, sensitizing or damaging to certain body organs. The MSDS does not have to list the percentage concentration of each ingredient. This section must also have the OSHA Permissible Exposure Limit (PEL), the ACGIH Threshold Limit Value (TLV) or any other exposure limit used by the manufacturer. The one exception to listing the chemical names or common names of hazardous ingredients, according to OSHA, is if the manufacturer claims, and is able to document, that it is a trade secret. In this case, the manufacturer must state on the MSDS that the identity of the ingredients is a trade secret. Section III - Physical/Chemical Characteristics This section should include information on boiling point, vapor pressure, vapor density, solubility in water, specific gravity, percent volatile, evaporation rate and appearance and odor. Sometimes the pH is included for aqueous solutions. Section IV - Fire and Explosion Hazard Data This section has information on the flammability of the product, on types of fire extinguishers needed, and on other special precautions. This data is important when planning for emergencies. Section V - Reactivity Data This section tells you about the product's compatibility with other chemicals, and special conditions to avoid. The stability of the product indicates whether the product can decompose and what conditions can do this. The incompatibility section tells you what chemicals can react with the product. This section is very important in determining what materials you should not store near this product. Hazardous decomposition products tells you what hazardous chemicals can be produced when the product is heated or burned. The hazardous polymerization section tells you whether the product can polymerize, and what conditions can cause this. Section VI - Health Hazard Data This section should tell you the routes (skin contact, inhalation, ingestion) by which the product can affect you, the symptoms of overexposure, acute and chronic health effects, emergency first aid measures, and carcinogenicity. If the product, or chemicals in the product, has been found to be a carcinogen or probable carcinogen by the International Agency for Research on Cancer (IARC) or OSHA, or is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens, then the MSDS must state so. It should also list medical conditions which could be aggravated by exposure to the product. Section VII - Precautions for Safe Handling and Use This section covers such topics as spill control, waste disposal, storage and handling precautions, and other special precautions such as personal protective equipment needed for spills. Unfortunately, the section on waste disposal often just says dispose of according to local, state and federal regulations. Section VIII - Control Measures This section should give you a lot of information about respirators, ventilation and other personal protective equipment, but often doesn't. The respirator recommendations should state what type of cartridge should be used. The ventilation section should tell you whether general mechanical ventilation (dilution ventilation) is sufficient, or if local exhaust ventilation is recommended, and if so, what type. This section should also list other recommended personal protective equipment such as gloves, goggles and protective clothing. Unfortunately most MSDSs do not tell you what type of glove to use. Signs Signs are a useful adjunct to other hazard communication methods. Signs can be used in a given area to describe normal procedures, for example, how to use a given piece of equipment, or for restrictions, for example, that solvents should not be used in a glaze spray booth. Some OSHA standards also require warning signs on rooms restricting access, for example with certain carcinogens. Another major purpose of signs is for emergencies. Signs should be used to indicate the location of emergency equipment such as fire extinguishers, emergency showers and eyewash fountains. In addition, signs are required for emergency procedures, such as evacuation in case of fire or spills. TRAINING AND EDUCATION Under OSHA's Hazard Communication Standard, education and training must be provided to the employee at the time of the initial work assignment, whenever a new hazard is introduced into the work area, or when new information becomes available. Employees must be given information on the following topics: * discussion of the rights of employees, and the responsibilities of employers under the OSHA Hazard Communication Standard; * location and employee access to the written Hazard Communication Program, including any inventory lists of hazardous chemicals; * location and employee access to MSDS collections; * instructions in the use and interpretation of product labels and MSDSs; and * operations in the work area where hazardous materials are present. The training requirements must include detailed information on hazardous materials stored or used in their workplace, including: * methods and observations employees can use to detect the presence or release of hazardous chemicals (e.g. appearance, smell, monitoring); * the physical and health hazards of hazardous materials present in the workplace; and * measures employees can take to protect themselves, including appropriate work practices, emergency procedures, and personal protective equipment. Student Training Although the Hazard Communication Standard requires only training of employees, I recommend that students also receive training in the hazards of art materials and suitable precautions. Besides protecting students, this training is also essential for liability reasons. Students should be tested in writing on their knowledge of health and safety, and copies of these tests kept for documentation. CSA has available a two-hour videotape on art hazards entitled Art Safety: Hazards and Precautions, which can be used for training students and staff. CSA has a wide variety of written materials on art hazards which can be used in training. See the Csa web site for more information (http://artswire.org:70/1/csa) Art Hazards News is a newsletter published by the Center for Safety in the Arts which provided up-to-date-information on hazards, precautions, regulations, lawsuits, etc. that are related to art hazards. There are four 8-page issues and one 24-page Resource Issue annually. WRITTEN HAZARD COMMUNICATION PROGRAM A written hazard communication program must be developed and implemented for each school. This written program must describe how the Hazard Communication Standard will be implemented in your workplace. This written program must be available to employees, designated representatives of the employees, and OSHA and NIOSH (National Institute for Occupational Safety and Health). Employers must establish an information and training program for employees exposed or potentially exposed to hazardous chemicals. This written hazard communication program must include the following: * description of hazard determination procedures; * description of labeling procedures; * description of MSDS collection and review procedures; * description of employee information and training programs; * description of methods to be used to exchange MSDSs and information concerning labeling and work practices with other employers at the worksite; and * listing of all hazardous chemicals known to be present in the workplace. Figure 3-2 is a sample written Hazard Communication Program which could be adapted to the needs of individual schools or school districts. ------------------------------------------------------------------------ Figure 3-2. Sample Written Hazard Communication Program NOTE: The written program must include the specific methods that are used to achieve compliance with the requirements of the Hazard Communication Standard (29 CFR 1910.1200). The specific methods described in this sample written program are for illustrative purposes, and other effective methods may be substituted to satisfy local needs or practices. I. General The purpose of this instruction is to ensure that (school name) is in compliance with the OSHA Hazard Communication Standard (HCS) 29 CFR 1910.1200. (name, title) is the overall coordinator of the Hazard Communication Program, acting as the representative of the Health and Safety Program Administrator, who has overall responsibility. In general, each employee will be informed of the substance of the HCS, the hazardous properties of chemicals they work with, and measures to protect themselves from these chemicals. II. List of Hazardous Chemicals The (title) will maintain a list of all hazardous chemicals used in the facility, and update the list as necessary. The hazardous chemical list will be updated upon receipt of hazardous chemicals at the facility. The list of hazardous chemicals is maintained at (location). III. Material Safety Data Sheets (MSDSs) The (title) will maintain an MSDS library on every product containing a substance on the list of hazardous chemicals. This MSDS library will be located in the (location). The MSDS will consist of a fully completed OSHA Form 174 or equivalent. The (title) will ensure that each work area maintains an MSDS for hazardous materials used in that area. MSDSs will be readily available to all employees. The (title) is responsible for acquiring and updating MSDSs. The (title) will review each MSDS for accuracy and completeness, and will consult with the Health and Safety Program Administrator if additional research is necessary. All new products procured for the facility must be approved by the Program Administrator or his or her designee(s). Whenever possible, the least hazardous substance will be used. MSDSs that meet the requirements of the HCS must be fully completed and received at the facility either prior to, or at the time of receipt of the first shipment of any potentially hazardous chemical purchased from a vendor. It may be necessary to discontinue procurement from vendors failing to provide approved MSDSs in a timely manner. IV. Labels and other Forms of Warning The (title) is designated to ensure that all hazardous chemicals in the facility are properly labeled. Labels should list at least the chemical identity, appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party. The (title) will refer to the corresponding MSDS to verify label information. Immediate use containers, small containers into which materials are poured for use on that shift by the employee drawing the material, do not require labeling. To meet the labeling requirement of HCS for other in-house containers, refer to the label supplied by the manufacturer. All labels for in-house containers will be approved by the (title) prior to their use. The (title) will check monthly to ensure that all containers in the facility have up to date labels. V. Training Each employee who works with or is potentially exposed to hazardous chemicals will receive initial training on the HCS and the safe use of those hazardous chemicals. Additional training will be provided for employees whenever a new hazard is introduced into their work areas. Hazardous chemical training is conducted by (title). (Attach a copy of course outline, training schedules, and a description of course materials). The training will emphasize these elements: * a summary of the standard and this written program; * hazardous chemical properties including the visual appearance and odor, and methods that can be used to detect the presence or release of hazardous chemicals; * physical and health hazards associated with potential exposure to workplace chemicals; * procedures to protect against hazards, e.g., personal protective equipment, work practices, and emergency procedures; * hazardous chemical spill and leak procedures; and * where MSDSs are located, how to understand their content, and how employees may obtain and use appropriate hazard information. The (title) will monitor and maintain records of employee training and advise the facility manager on training needs. VI. Contractor Employers All outside contractors must notify the Health and Safety Program Administrator, or his or her designee, in advance of proposed activities. If these activities will involve the use of hazardous products, the contractor must provide MSDSs. The (title), upon notification of proposed activities, will advise contractors of any chemical hazards which they may encounter in the normal course of their work on the premises. VII. Non-Routine Tasks Any supervisor contemplating a non-routine task, e.g. boiler repair, will consult with the (title), and will ensure that employees are informed of chemical hazards associated with the performance of these tasks and appropriate protective measures. This will be accomplished by a meeting of supervisors and the Health and Safety Program Administrator, or his or her designee, with affected employees before such work is begun. VIII. Additional Information Further information on this written program, the hazard communication standard, and applicable MSDSs is available at (location & telephone no.). -------------------------------------------------------------------------- REFERENCES 1. Accrocco, J.O. (1988). The MSDS Pocket Dictionary. rev. Genium Publishing Company, Schenectady. 2. Occupational Safety and Health Administration. (1987). Hazard Communication. 29 CFR 1910.1200. U.S. Department of Labor, Washington, DC.