OSHA Section 4 - Worker Rights under OSHA

SDS Section 3, Composition/Information on Ingredients For substances, this section will list:

- Chemical Name - Common Name and Synonyms - CAS Number and other unique identifiers - Impurities and stabilizing additives which are classified and which contribute to the classification of the substance

SDS Section 3, Composition/Information on Ingredients For mixtures will list the above information under substances, plus:

- Chemical name and concentration or concentration ranges of all ingredients which are classified as health hazards Note: When a trade secret is used to manufacture a mixture, a statement, that the specific chemical identity and/or exact percentage of composition has been withheld, must be be printed in this section.

Complete hazard communication programs must include information on:

- Container labeling - SDS - Worker Training - A list of hazardous chemicals in each work area - The means the employer uses to inform workers of hazards and non-routine tasks. - How the employer will inform other employers of hazards to which their workers may be exposed. ex: Contract Workers

Examples of Safe Work Practices

- Fall Protection and training are provided and required when working at high levels of a construction site. - Machines and equipment with rotating and moving parts are guarded. - Trenches are inspected, and have protective systems in place. - Proper confined space entry procedures, testing, equipment, and training are present. - Noise levels are controlled. Should noise levels still be high, workers are given hearing tests, and are provided training and hearing protection. - Protection from chemical hazards are provided, including an evaluation of chemicals used, a written program, Safety Data Sheets, worker protection(such as protective gloves), and information and training are provided.

Examples of toxic substances and harmful physical agents that may be found in a workplace

- Metals and dusts; such as lead, cadmium, and silica - Biological agents, such as; bacteria, viruses, and fungi - Physical stress, such as;noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation

Regarding the OSHA 300 Log, workers have the right to:

- View and review the current log - View and review logs stored for the past 5 years - View annually posted summaries of injuries and illnesses. If the current log, and/or logs stored for the past 5 years, is requested, the employer must provide the employee who requested the log(s) by the end of the next workday. Names and other info on the log may not be removed, unless the case is a "privacy concern case".

OSHA 300 Log: Privacy Concern Case

A "privacy concern case" may involve an injury or illness to an intimate body part, or, and injury or illness resulting from a sexual assault, mental illnesses, or other illnesses where the employee voluntarily requests that their name not be entered on the log.

What it means to have a safe and healthful workplace

A safe and healthful workplace means that hazards are removed, and workers are trained. If a hazard cannot be removed completely, protection(such as respirators or earplugs) must be provided.

OSHA Section 5(a)(1)

AKA the General Duty Clause, states: "Each employer shall furnish to each of his employee's employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

Additional employer responsibilities under the "Job Safety and Health" Poster

All employers covered by the OSH Act must display this OSHA poster in a conspicuous place where employees can see it. This poster can be obtained through OSHA's website.

Rights to know about Hazardous Chemicals

An important right is the "Right to Know about Hazardous Substances in your workplace". Employers must have a written, complete hazard communication program.

Refusing to Work in Dangerous Conditions Handout

As you have just seen, you have the right to refuse work when you have reasonable apprehension that death or serious injury or illness might occur while performing the work. If you refuse work, you are protected as long as certain criteria are met. ex: If a reasonable person would agree that there is a real danger of death or serious injury, then this would be a contributing factor that would protect you, should you refuse to do a certain task.

Benefits of following the SDS format as defined and established by the ANSI standard for preparation of SDS(Z400.1)

By following this recommended format, the info of greatest concern to workers if featured at the beginning of the data sheet, including info on chemical composition and first aid measures. More technical info that addresses topics like the physical and chemical properties of the material and toxicological data appears later in the doc. While this info(such as ecological info) is not required by the Hazard Communication Standard, the 16-section SDS is becoming the international norm.

Labels

Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category.

Employer's responsibilities under the Job Safety and Health Poster

Employers must: - Correct workplace hazards by the date indicated on the citation, and must certify that these hazards have been reduced or eliminated. - Post OSHA citations at or near the place of the alleged violations. - Furnish employees with a place of employment free from recognized hazards

SDS specific sections

Ensures consistency in presentation of important protection information: - Section 1, Identification - Section 2, Hazard(s) Identification - Section 3, Composition/information on ingredients - Section 4, First-aid measures - Section 5, Fire-fighting measures - Section 6, Accidental release measures - Section 7, Handling and storage - Section 8, Exposure controls/personal protection - Section 9, Physical and Chemical properties - Section 10, Stability and Reactivity - Section 11, Toxicological Information - Section 12, Ecological Information - Section 13, Disposal Considerations - Section 14, Transport Information - Section 15, Regulatory Information - Section 16, Other information, including date of preparation or last revision

Hazard Classification

Formerly addressed by hazard determination. Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification, under the new updated standard, provides specific criteria to address health and physical hazards, as well as classification of chemical mixtures.

SDS Section 11, Toxicological Information

Here, you will find a description of the various toxicological(health) effects and the available data used to identify those effects, including: - Likely routes of exposure ex: inhalation, ingestion, skin, eye contact, etc. - Symptoms related to the physical, chemical, and toxicological characteristics - Delayed and immediate effects in addition to chronic effects from short- and long-term exposure. - Numerical measures of toxicity(such as acute toxicity estimates) - Whether the hazardous chemical is listed in the NTP Report on Carcinogens(latest edition), or has been found to be a potential carcinogen in the IARC Monographs(latest editions), or by OSHA

SDS Section 6, Accidental Release Measures

Here, you will find: - Personal precautions, protective equipment, and emergency procedures. - Methods and materials for containment and cleaning up.

SDS and MSDS differences

However, despite their similarities, over the last few years, OSHA has called for a phasing out of MSDS< and the implementation of SDS. The main difference between the two informational sheets are the format.

Right to Participate in an OSHA inspection

If an OSHA inspection is conducted in your workplace, you have the right to have your representative accompany the inspector on the inspection. You also have the right to talk to the inspector privately.

If an employer disagrees with the results of an OSHA Inspection

If an employer disagrees with the results of an OSHA inspection, they may submit a written objection to OSHA. This is called a "Notice of Contest".

SDS Section 8, Exposure Controls/Personal Protection

In this section, you will find: - OSHA PEL, ACGIH Threshold Limit Values, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the SDS, where available - Appropriate engineering controls

Hazard Communication Standard Changes

If you've studied the "Hazard Communication Standard" before, you may notice the following changes: - Hazard Classification - Labels

SDS Section 13, Disposal Considerations(non-mandatory)

In this part, you may find: - A description of waste residues and info on their safe handling and methods of disposal, including the disposal of any contaminated packaging.

Refusing to Work in Dangerous Conditions Web Page

More info on refusing to work due to unsafe or unhealthful conditions can be obtained to OSHA's website.

OSHA Fact Sheet

OSHA has developed a fact sheet that summarizes your rights as a whistleblower. This fact sheet covers the laws enforced by OSHA, unfavorable personnel actions, the process of filing a complaint, how OSHA determines whether retaliation took place, and applicable whistleblower protections.

Hazard Communication Requirements

OSHA has made recent changes to the "Hazard Communication Standard", including: - Hazard Classification - Written Hazard Communication Program and Labeling Requirements - SDS - Employee Information - Training Effective Dates

Worker Responsibilities

OSHA holds employers responsible for the safety and health conditions in the workplace, and does not cite workers for violations. However, "Section 5(b) of the OSH Act", last section of the "General Duty Clause", states that; "Each employee shall comply with occupational safety and healths standards and all rules, regulations, and orders issued pursuant to the Act which are applicable to his own actions and conduct." Meaning: Workers should follow all appropriate safety and health rules, and wear protective equipment while working.

OSHA Standards Requirements for Employers in regards to Worker Exposure to Harmful Substances

OSHA standards require employers to measure exposure to harmful substances, and workers or their representatives have the right to observe the testing and examine the results. If the exposure levels are above the limit set by the standard, the employer must tell their workers what will be done to reduce their exposure.

Worker's right to information about injuries and illnesses

OSHA's Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. The log, AKA OSHA 300, must contain all work-related injuries and illnesses resulting in lost workdays, restricted work or transfer to another job, as well as any incident requires more than first-aid treatment.

A sample GHS label reflecting the new changes to the Standard regarding labels

PRODUCT IDENTIFIER Code ____ Product Name ___ SUPPLIER IDENTIFICATION Company Name ___ Street Address ___ City ___ State ___ Postal Code ___ Country ___ Emergency Phone Number ___ HAZARD PICTOGRAMS [Insert symbols here] HAZARD STATEMENT Highly flammable liquid and vapor. May cause liver and kidney damage. SUPLEMENTAL INFORMATION Directions for use ___ ___ ___ Fill weight: ___ Lot Number___ Gross Weight ___ Fill Date ___ Expiration Date ___ PRECAUTIONARY STATEMENTS Keep container tightly closed. Store in a cool, well ventilated place that is locked. Keep away from heat/sparks/open flame. No smoking. Only use non-sparking tools. Use explosion-proof electrical equipment. Take precautionary measures against static discharge. Ground and bond container and receiving equipment. Do not breathe vapors. Wear Protective Gloves. Do not eat, drink, or smoke when using this product. Wash hands thoroughly after handling. Dispose of in accordance with local, regional, national, international regulations as specified. In Case of Fire: use dry chemical (BC) or Carbon dioxide(CO2) fire extinguisher to extinguish. First Aid If exposed, call Poison Center. If on skin (on hair): Take off immediately any contaminated clothing. Rinse skin with water.

Safety Data Sheets

Previously called "Material Safety Data Sheets(aka MSDS)". They're similar, because they both intend to inform workers about hazardous chemicals in the workplace.

OSHA Regulations 29 CFR 1977.9(c)

Protects workers who complain to their employer about unsafe or unhealthful conditions in the workplace. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in other ways because you have exercised any right afforded to you under the OSH Act. Specifically, "29 CFR 2977.9(c)" states; "The salutary principles of the Act would be seriously undermined if employees were discouraged from lodging complaints without occupational safety and health matters with their employers. Such complaints to employers, if made in good faith, therefore would be related to the Act, and an employee would be protected against discharge or discrimination caused by a complaint to the employer."

Globally Harmonized System of Classification nd Labeling of Chemicals AKA GHS

Recent changes to the "Hazard Communication Requirements" bring the US into alignment with the GHS. By doing so, the modified standard provides a single set of harmonized criteria for classifying chemicals according to their health and physical hazards, and specifies hazard communication elements for the labeling of SDS.

SDS format requirements

SDS are required to have a 16-section format that is compatible with the ANSI's format already familiar to most US employers.

ACGIH

Short for "Americal Conference of Governmental Industrial Hygienists"

ANSI

Short for "American National Standards Institute"

IARC Monographs

Short for "International Agency for Research on Cancer Monographs"

NTP Reports

Short for "National Toxicology Program Reports"

PEL

Short for "Permissible Exposure Limits"

PPE

Short for "Personal Protective Equipment"

SDS

Short for "Safety Data SheetsHazard Communication Standard Changes"

TLV

Short for "Threshold Limit Values"

Job Safety and Health Poster

Since OSHA's creation in 1970, workers have many new rights related to safety and health. OSHA standards which have been issued since then, such as the Hazard Communication or "Right to Know" standard, provide additional rights.

OSHA Regulations 29 CFR 1977.9(c) - What to do in the event a hazard is not being corrected.

Since employees are often closest to potential safety and health hazards, they have a vested interest in reporting problems so the employers get them fixed. If a hazard is not getting corrected, you should then contact OSHA.

Conditions for refusing work

Since the conditions necessary to justify a work refusal are very stringent, refusing work should be taken as a last resort. If time permits, the condition should be reported to OSHA or the appropriate government agency. If you believe you have been punished for exercising your safety and health rights, you must contact OSHA within 30 days.

What to do in the event that you believe that it would be too hazardous to work

Talk to your employer about fixing a hazard when you believe you are working in unsafe or unhealthful conditions. Remember, if nothing is done to correct a hazard, you can file a complaint; or, if you are discriminated against, contact OSHA directly.

Requirements of SDS

The SDS must be provided to commercial customers prior to or with the initial shipment of the hazardous chemical, and with the first shipment after the sheet has been updated.

Everyone's Rights to a Safe and Healthful Workplace

The creation of oSHA provided workers the right to a safe and healthful workplace. - Located in Section 6(a)(1) of the OSH Act A safe and healthful workplace means: - Hazards are removed, or protection must be provided. - Workers are trained. Section 5(a)(2) requires employers to: - "...comply with occupational safety and health standards promulgated under this Act."

SDS Section 16, Other Information

The final section of the SDS should include: - The date of preparation, or the date of the latest revision.

The purpose of the new formatting of SDS

The new format required of SDS is designed to improve the effectiveness of hazard communication, as well as make it easier for employers to comply.

Worker training under a hazard communication program

These must include: - The information on the physical and health hazards the chemicals, and how workers can protect themselves; including specific procedures the employer has implemented to protect the workers(such as work practices, emergency procedures, and PPE).

What rights are entailed under "Section 11(c) of the OSH Act"

These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.

Where the Whistleblower Rights Fact Sheet can be obtained

This fact sheet can be obtained through OSHA's website in English or Spanish using the link above and downloading the version of your choice.

SDS Section 14, Transport Information(non-mandatory)

This part can list: - UN number - UN proper shipping name - Transport hazard classes - Packing group, if applicable - Environmental hazards ex: Marine Pollutant - Transport in bulk (according to Annex II of MARPOL 73/78 and the IBC Code) - Special precautions, which a user needs to be aware of, or needs to comply with, in connection with transport or conveyance(either within or outside their premises)

SDS Section 12, Ecological Information(non-mandatory)

This section can include data about: - Exotoxicity(aquatic and terrestrial, where available) - Persistence and degradability - Bioaccumulative Potential - Mobility in soil

SDS Section 7, Handling and Storage

This section contains information about: - Precautions for safe handling.

SDS Section 10, Stability & Reactivity

This section includes info about: - Reactivity - Chemical stability - Possibility of Hazardous Reactions - Conditions to avoid(such as static discharge, shock, or vibration) - Incompatible Materials - Hazardous Decomposition Products

SDS Section 2, Hazard Identification

This section includes: - Classification of the chemical - Signal word, hazard statements, pictograms, and precautionary statements - Any hazard not otherwise classified that have been identified during the classification process

SDS Section 9, Physical & Chemical Properties

This section lists the substance or mixture's: - Appearance (physical state, color, etc.) - Odor - Odor threshold - pH - Melting Point/Freezing Point - Initial Boiling Point and Boiling Range - Flash Point - Evaporation Rate

SDS Section 9, Physical & Chemical Properties(continued)

This section lists the substance or mixture's: - Flammability(solid, gas) - Upper/lower flammability or explosive limits - Vapor pressure - Relative density - Solubility - Partition coefficient: n-octonol/water - Auto-ignition temperature - Decomposition temperature - Viscosity

SDS Section 1, Identification

This section lists: - Product identifier used on the label - Other means of identification - Recommended use of the chemical, and restrictions on use - Name, address, and phone number of the manufacturer, importer, or other responsible parties - Emergency phone number

SDS Section 15, Regulatory Information(non-mandatory)

This section may include: - Product-specific safety, health, and environmental regulations for the product in question.

SDS Section 4, First Aid Measures

This section will how: - Description of necessary measures, subdivided according to different routes of exposure(such as inhalation, skin/eye contact, or ingestion) - The most important symptoms/effects, acute and delayed. - If necessary, an indication that immediate medical attention and special treatment should be sought.

SDS Section 4, Firefighting Measures

This section will list: - Suitable(and unsuitable) extinguishing media - Specific hazards arising from the chemical ex: nature of a combustible chemical

Right to Hazardous Exposure and Medical Records

Under "OSHA Standard 1910.1020", you have the right to examine and copy exposure and medical records, including records of workplace monitoring or measuring of a toxic substance. This is important if you have been exposed to toxic substances or harmful physical agents in the workplace, as this regulation may help you detect, prevent, and treat occupational disease.

SDS Section 2 Notes

Where an ingredient with unknown acute toxicity is used in a mixture at a concentration greater or equal to 1%, and the mixture is not classified based on testing of the mixture as a whole, a statement that X% of the mixture consists of ingredients of unknown acute toxicity will appear in this section.

Rights to Refuse Job

Workers also have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.

Right to be Free From Retaliation

Workers have a right to seek safety and health on the job without fear of punishment. This right is spelled out in "Section 11(c) of the OSH Act", which says that the employer shall not punish or discriminate against employees for exercising such rights as complaining to the employer, union, OSHA, or any other government agency about job safety and health hazards.

Right to Complain or Request Hazard Correction

You also have the right to complain or request hazard correction from your employer. Workers may bring up safety and health concerns int he workplace to their employers without fear of discharge or discrimination, as long as the complaint is maid in good faith.

Right to File a Complaint with OSHA

You also have the right to file a complaint with OSHA if you believe a violation of safety or health standard, or an imminent danger situation, exists in your workplace, and you may request that your name not be revealed to your employer.

More Workers Rights regarding the OSHA Log 300

You also have the right to view the annually posted summary of injuries and illnesses - OSHA 300A

Right to Training

You have a right to get training from your employer on a variety of health and safety hazards and standards that your employer must follow. We've already discussed the training required under OSHA's Hazard Communication (Right to Know) standard.

Right to Training: - Training Rights - Other Required Training

You have a right to get training from your employer on: - Health and Safety Hazards - Standards that your employer must follow Other required training includes: - Lockout/Tagout - Bloodborne Pathogens - Noise - Confined Spaces - Fall Hazards in Construction - Personal Protective Equipment - And a variety of other subjects, especially those that specifically pertain to your job or workplace.

Job Safety and Health Poster - The OSHA "Job Safety and Health: It's the Law" poster, as shown on your screen, outlines some worker rights, including:

You have the right to - - notify your employer or OSHA about workplace hazards. - request an OSHA inspection if you believe that there are unsafe and unhealthful conditions in your workplace - file a complaint with OSHA within 30 days of retaliation or discrimination by your employer for making safety and health complaints, or for exercising your rights under the OSH Act. - see OSHA citations issued to your employer. - Copies of your medical records, or records of your exposure to toxic and harmful substances or conditions.

Your rights to scheduling an OSHA Inspection

You may also object to the date set for the violation to be corrected, and be notified if the employer files a contest.

Where to file a complaint to OSHA

You may file a complaint on OSHA's website, in writing, or by telephone to the nearest OSHA office. You may also call the office and speak with an OSHA compliance officer about a hazard, violation, or the process of filing a complaint. If you file a complaint, you have the right to find out OSHA's action on the complaint, and request a review if an inspection is not made.

Your rights during and after an OSHA Inspection

You may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards, and describe any concern you have about a safety or health issue. You also have the right to find out about inspection results and abatement measures, and get involved in any meetings or hearings related to the inspection.

Worker's and Employer's responsibilities listed under the "Job Safety and Health" Poster

You must comply with all occupational safety and health standards issued under the OSH Act that apply to your own actions and conduct on the job.

Link to download OSHA's "Job Safety and Health" Poster

https://ctglbkmc5sx3.s3.amazonaws.com/Courses/Content/OSHA_Reviews/10%20Hour%20General%20Industry/IntrotoOSHA/JobSafetyandHealthFactSheet.pdf

OSHA's "Refusing to Work Because Conditions are Dangerous" handout download link

https://ctglbkmc5sx3.s3.amazonaws.com/Courses/Content/OSHA_Reviews/10%20Hour%20General%20Industry/IntrotoOSHA/RefusingtoWorkHandout.pdf

SDS Sample Download Link

https://ctglbkmc5sx3.s3.amazonaws.com/Courses/Content/OSHA_Reviews/10%20Hour%20General%20Industry/IntrotoOSHA/SDSHandout.pdf

Link to the list of Whistleblower Rights Fact Sheet Download Links

https://www.osha.gov/pls/publications/publication.AthruZ?pType=Types&pID=2

Link to the list of download links for Whistleblower Rights Fact Sheets

https://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=225

Link to the information on "Refusing to Work due to Unsafe or Unhealthful Conditions" on OSHA's website for more information

https://www.osha.gov/workers https://www.osha.gov/workers/index.html