October 2004 SMART:  The Hazcom Program:  The Right-to-Know Law

by Frank Lopez and Barbara Brooks-Minor
Safety Section, City of Houston


IT'S THE NEWS THAT NO waste industry professional wants to hear:

In Houston, Texas, today, two fatalities occurred when two workers were overcome with fumes while they were servicing a garbage truck. It appears that they were working with chemicals and were unaware of their hazards. Can you imagine the grief of the City of Houston solid waste management staff if this were to really happen one day!
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According to the Bureau of labor Statistics, Washington, D.C., sold waste workers have the seventh-highest mortality rate among all industries, with 48.8 deaths per 100,00 workers. Some accidents can be blamed on the heavy machinery involved in managing and processing waste, both inside waste processing facilities and out on the roads. Congested pickup routes also can make maneuvering 25-ton trash trucks difficult, and refuse collectors may find themselves dodging impatient or careless drivers. Other accidents are caused by operator error or neglect.

These statistics are difficult to absorb considering that this industry has made great strides in recent years to improve safety performance. The Bureau of labor Statistics acknowledges that the number of employee fatalities related to "refuse systems" declined by more than 30 per cent in 2002.The number of citations issued to refuse companies by the D.C. based occupational Safety and Health Administration (OSHA) dropped by 40 per cent between 1998 and 2002. In fiscal year 2002, OSHA issued 78,433 citations and collected about $73 million in penalties. Across the land, most of the OSHA citations issued to solid waste companies were for violations related to hazard communication, lockout/tag out procedures, operations in confined spaces, personal protective equipment, respiratory protection, and blood borne pathogens.

Of the above noted citations, it's important that we control the chemical hazard communication to our employees because of the volatile nature of the chemicals they deal with on an every day basis. There are an estimated 575,000 chemical products used, imported, or produced annually in the United States. Your chances of being exposed to chemicals on a daily basis are very high. Hazardous chemical exposure can cause or contribute to many serious health effects such as heart ailments, kidney and lung damage, sterility, cancer, burns, and rashes. Some chemicals may also be safety hazards and have the potential to cause fire, explosions, and other serious accidents. This poses a serious problem for workers and their employers.

Because of the seriousness of these safety and health problems, and because many employers and employees know little or nothing about them, OSHA has issued a rule called "Hazard Communication." HazCom is simply Hazard Communication and is referred to as the "the Right-To-Know" standard. In the state of Texas, this worker right-to-know program is administered under the authority of the Texas Hazard communication Act (THCA).

The HazCom standard establishes uniform requirements to make sure the hazards of all chemicals are evaluated and the information is passed to the affected workers. This program ensures that all employees receive the information they need to inform and train their employees properly and to design and implement employees protective programs. Each rule of the HazCom program incorporates a "downstream" flow of information. In general, it works like this:

Chemical Manufacturers
  • Determine the hazards of each product
  • Communicate information to customers through labels and Material Safety Data Sheets (MSDS)
Employers
  • Identify and list chemicals in their workplaces
  • Obtain MSDS's and labels for each chemical
  • Develop written programs that include chemical lists, labels, MSDSs, personal protective equipment (PPE), and employee training
Employees
  • Comply with all elements of the HazCom program by following the warnings and cautions on MSDS and on chemical labels.
  • Wear and maintain required PPE
Labels & Warnings
  • Each container must be labeled, tagged, or marked with the identity of the chemical contained, and must show appropriate hazard warnings. Labels must be legible. In English, and prominently displayed.
Material Safety Data Sheets (MSDS)
  • Chemical manufacturers must develop a MSDS for each chemical they produce or import. The MSDS must be provided automatically at the time of the initial shipment of the product. Each MSDS must be in English and include information regarding the chemical identity. Information must be provided on the characteristics, both physical and chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen; precautionary measures; emergency and first-aid procedures; and the identification of the organization that prepared the MSDS.
Employee Training
    Employee Training plans must include:
  • How the HazCom program is implemented
  • Hazards of the chemicals in the area
  • Measures employees can take to protect themselves
  • Location and use of personal protective equipment, if required
  • Methods and observations workers can use to detect the presence of a chemical.
Exemptions to the HazCom Program
  • Food
  • Drugs
  • Cosmetics/Fragrances
  • Medicine
  • Beverage Alcohol
  • Consumer Products
  • Tobacco
  • Articles
The HazCom program ensures that employees receive the information they need to deal with chemicals in the workplace. Each employee, whether they directly or indirectly work near chemicals, must become familiar with the HazCom program. It is your "Right-to-Know."