OFFICE OF EXECUTIVE POLICY AND PROGRAMS
HAZARD COMMUNICATION POLICY AND PROCEDURE

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

I. Policy

The Governor’s Office includes some operations that use chemical substances which can be harmful unless precautions are taken. This written Hazard Communication Policy is intended to serve as a guideline for all units in developing an adequate means of informing and protecting employees and complying with regulatory requirements. Its goal is to ensure protection of all employees involved in the handling and use of hazardous chemicals. All Governor’s Office employees exposed to hazardous chemicals shall be trained as outlined in this Hazard Communication Policy. It shall be the policy of this Agency to maintain awareness of all hazardous chemicals encountered by its employees and to communicate any associated hazards along with the necessary safety precautions.

Also, all visitors to Governor’s Office facilities and job sites shall comply with this program or shall be denied access to these areas.

II. History

On November 25, 1983, the Occupational Safety and Health Administration (OSHA) issued the Hazard Communication Standard, (29 CFR 1910.1200), commonly known as the Employee Right-to-Know Law. This Department of Labor standard originally was aimed towards protecting manufacturing workers from injuries and illnesses due to chemical exposures. It established specific requirements for manufacturing employers to provide information and training to affected employees about the chemicals they may encounter in the work place.

Effective May 23, 1988, the Hazard Communication Standard now applies to an expanded scope of employers, including governmental entities.

III. Requirements

1. Ensure that each container of hazardous chemicals in the work place is labeled, tagged or marked with the identity of the chemical and appropriate hazard warning.
   
   
2. Maintain copies of Material Safety Data Sheets (MSDS) for each hazardous chemical in the work place, and ensure that the MSDS are readily accessible to employees.
   
   
3. Provide employees with specific information regarding hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area. Employees must be informed of:
   
   
   1. The requirements of the Hazard Communication Standard.
      
      
   2. Any operations in their work area where hazardous chemicals are present.
      
      
   3. The location and availability of the written hazard communication policy and the MSDS.
      
      
4. Provide employees with training regarding hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area. The training must include at least:
   
   

   1. Methods and observations that may be used to detect the presence of a chemical in the work area.
      
      
   2. The physical and health hazards of the chemicals in the work area.
      
      
   3. The measures employees can take to protect themselves from those hazards.
      
      
   4. The details of the employer's hazard communication policy, including an explanation of the MSDS, the labeling system and the methods for employees to obtain and use the appropriate hazard information.
      
      
5. Develop, implement and maintain at the work place a written hazard communication program, which must include at least the following items:
   
   

   1. A description of how the requirements in Sections A, B, C, and D above will be met.
      
      
   2. A list of the hazardous chemicals known to be present,
      
      
   3. A description of the methods that will be used to inform employees of the hazards of non-routine tasks

IV. Exempt Chemicals

1. Any food, food additive, color additive, drug, or cosmetic, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21U.S.C. 301 et seq.) and regulation issued under that Act, when they are subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Food and Drug Administration;
   
   
2. Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C.2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.
   
   
3. Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;
   
   
4. Tobacco or tobacco products;
   
   
5. Wood or wood products;
   
   
6. Articles which do not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use; and
   
   
7. Foods, drugs, or cosmetics intended for personal consumption or use by employees while in the work place.

V. Material Safety Data Sheets (MSDS)

VI. Container Labeling

1. Incoming Containers
   
   Under the standard, chemical manufacturers and suppliers are responsible for labeling containers of hazardous chemicals. It is the responsibility of the supervisor, or the designee, in each unit to ensure that each container arriving at a facility is labeled or marked legibly with the following information:

   1. Identity (can be any chemical or common name for the agent as long as the term used is the same shown in the section’s list of hazardous chemicals and the Material Safety Data Sheets).
   
   2. Appropriate hazard warnings.
   
   3. Name and address of the chemical manufacturer, supplier, or other responsible party. (Recommendation only).

2. Work place Containers
   
   
   Hazardous chemicals which are dispensed from the original shipping container must be dispensed into appropriate containers with chemical identity and the hazard warning affixed. Any further dispensing likewise must be into similarly labeled containers ultimately to the point of final use.
   
   Exceptions:
   
   1. Chemicals to be used exclusively by one employee during one work shift may be transferred to and used from unlabeled containers. However, if the employee leaves the chemical unattended at any time (for example: to take a break, answer a telephone call, or go to lunch) then the chemical container must be labeled.
   
   2. Laboratory chemicals dispensed from a properly labeled incoming container needs to be identified by name only when dispensed for use in the laboratory.
   
   
   
3. C. Updating of Labels
   
   If a section is notified of significant hazard characteristic changes on an updated MSDS, the supervisor, or the designee, responsible for container labeling shall see that any outdated hazard warnings on labels are corrected to convey the updated information.