PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT O.C.G.A

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1 PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT O.C.G.A Georgia s Right to Know Law Federal regulations require that all employees be trained on the Hazard Communications Standard (HCS) label elements and new Safety Data Sheets (SDS). As an employee of the State of Georgia, you have the right to know about hazardous chemicals you work with or are exposed to in your workplace. This right is guaranteed under Georgia s Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 (O.C.G.A ). This law requires that state employees be educated and informed about potentially hazardous chemicals in the workplace. Under this law, you cannot be fired, disciplined or discriminated against for exercising your rights under this act. A grievance procedure may be filed if you are adversely affected for exercising these rights. Georgia s Right to Know Regulations The actual regulations of Georgia s Right to Know Law are found in the Public Employee Hazardous Chemicals Protection and Right to Know Rules. These rules are maintained on the Georgia Secretary of State s website. Subject Public Employee Hazardous Chemicals Protection and Right to Know Rules Definition of Terms Administration Training Contractors Employee Grievance / Complaint Procedure Exemptions Requirement for Training Along with the requirement that employees receive training and education on hazardous chemicals, Georgia s Right to Know law also requires each employee be informed of: The requirements of O.C.G.A. Code Information and Training Standards What a Safety Data Sheet is and the contents of the Safety Data Sheet for any hazardous chemical to which they may be exposed, or equivalent information, either in written form or through training programs Any operation in the work area where hazardous chemicals are present The location and availability of training programs 1

2 The right to receive information regarding hazardous chemicals to which they may be exposed The right for their physician to receive information regarding hazardous chemicals to which the employee may be exposed The right against discharge or other discrimination due to the employee s exercise of the rights provided by this chapter (Chapter 22) Each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment. When training employees who are exposed to hazardous chemicals, the employer shall explain: Any physical or health hazards associated with the use of the chemical or mixture Proper precautions for handling, necessary personal protective equipment or other safety precautions necessary to prevent or minimize exposure to the hazardous chemical Methods of observation that may be used to detect the presence or release of a hazardous chemical in a work area, including, but not limited to, spot check monitoring, continuous monitoring, or methods of visual or olfactory detection The labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information Emergency procedures for spills, fire, disposal and first aid This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to or measures necessary to protect employee health as compared to those stated on a safety data sheet previously provided. Chemicals Excluded by Law While Georgia s Right to Know Law requires training and information be provided about potentially hazardous chemicals in the workplace, there are some exclusions to these requirements: Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely Alcoholic beverages Articles intended for personal consumption by employees in the workplace Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and Federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, including any such product or hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers Articles sold or used in retail food establishments and retail trade establishments Chemicals which are merely being transported in the state as part of a shipment in interstate or intrastate commerce 2

3 Chemicals or mixtures which may be hazardous but which are covered by the federal Atomic Energy Act and the federal Resource Conservation and Recovery Act. Hazard Communication Standards As a State of Georgia employee, you not only have the right to know about hazardous chemicals in the workplace, but federal regulations now provide you the Right to Understand. That is because the Occupational Safety and Health Administration (OSHA) updated its Hazard Communication Standard (HCS) making it easier to understand information on hazardous chemicals. Changes involving hazard communications of chemicals were designed to make you safer. These changes include: 1. Hazard classification 2. Training 3. New labels on hazardous chemicals 4. Improved Safety Data Sheets (formerly material Safety Data Sheets) Harmonized Hazard Communication The updated Hazard Communication Standard (HCS) is now aligned with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals, commonly referred to as GHS. OSHA decided to update its standard to harmonize US hazard communication rules with those used around the World. The updated standard improves the consistency of hazard information ensuring that countries around the World will use the same system. It also improves the quality of hazard communication making it easier to understand. The HCS required all chemical manufacturers, distributors or importers to provide new chemical labels and SDSs by June 1, Pictograms Hazard Classification One significant change of the updated Hazard Communication Standard is the use of specific criteria for classifying chemical hazards. Hazard Classifications now provide specific criteria for health and physical hazards. These criteria ensure consistency among chemical manufacturers of the hazardous effects of chemicals and that labels and SDSs are more accurate. The main point to remember is that these hazard Classifications serve as the basis for required hazard information provided on labels and in Safety Data Sheets. The most obvious change to Hazard Communication Standards are standardized graphic elements for chemical hazards called Pictograms. 3

4 There are nine pictograms comprising of eight mandatory pictograms and one non-mandatory pictograms. While the Hazard Communication Standard uses specific criteria for classifying chemical hazards, new pictograms on labels make it easier to identify the health and physical hazards one may be exposed to. Each pictogram represents a distinct hazard(s) and consists of a black symbol on a white background framed within a red diamond border. Their primary purpose is to alert users of the health and physical hazards to which they may be exposed. For labels, HCS required the pictograms to be in color as specified. However, for the Safety Data Sheets, the pictograms may be provided in black and white, or the name of the symbol (e.g. flame, skull and crossbones). Before the new standard, the use of hazard symbols on hazardous chemical labels was not standardized. Now, with a harmonized system of Hazard Communication, pictograms will replace some of the common hazardous chemical symbols we may be familiar with. While similarities exist between some of the old symbols and the new pictograms, remember the pictograms are now determined by the new Hazard Classification. The new Hazard Classification also determines other label elements such as signal word(s), hazard statement(s) and precautionary statement(s). 4

5 Physical Hazard Pictograms A Physical Hazard is classified as posing one of the following hazardous effects: Explosives Flammable (gases, liquids, solids and aerosols) Oxidizing (gases, liquids or solids) Self-Reactive Substances Pyrophoric (liquids or solids) Self-Heating Substances Organic Peroxides Corrosive to Metals Gases Under Pressure Substances which, in contact with water, emit flammable gases Health Hazard Pictograms A Health Hazard is classified as posing one of the following hazardous effects: Carcinogenicity Mutagenicity Reproductive Toxicology Respiratory Sensitizer Target Organ Systemic Toxicity single or repeated exposure Aspiration Toxicity 5

6 Labeling Another aspect of Right to Know involves hazardous material container labeling. It is important to be able to identify simple hazards that are associated with chemical products, and chemical container labels provide critical information that identifies hazards associated with the product. Chemical manufacturers provide pertinent labeling information on their original containers making them a good reference for information on chemical hazards. If you find any unlabeled containers at your work location, please notify your supervisor immediately. Label Requirements The most notable change to the Hazard Communication Standard (HCS) involves requirements for what is on the label of hazardous chemicals. The new label requirements provide easily understandable information on the appropriate handling and safe use of the hazardous chemicals. By incorporating the HSC requirements, the new chemical labels improve the quality, consistency and clarity of hazard information received. Hazardous Material Container Labels Prior to June 1, 2015, any container label that contain any of the following terms, the contents are a hazardous chemical: Corrosives: Destroy living tissue on contact Toxics: Hazardous to your health Flammables: Readily catch fire Reactives: React violently with materials in otherwise stable situations With the update to the Hazard Communication Standard (HCS) and the use of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), any label created after June 1, 2015 on a hazardous chemical container should have one of the nine pictograms identifying the contents as a hazardous chemical. Labels on Hazardous Chemicals The HCS requires that labels on hazardous chemicals have the following six elements: 1. Product Identifier 2. Signal Word(s) 3. Hazard Statement(s) 4. Precautionary Statement(s) 5. Supplier Information 6. Pictogram(s) 6

7 The new HCS does not specify where on the label the six elements are placed. Also, under the new HCS there are only two Signal Words: 1. Danger Used for the more severe hazards 2. Warning Used for the less severe hazards Safety Data Sheets (SDS) An important element described in the law for Chemical Safety Awareness is the Safety Data Sheet (SDS), formerly material Safety Data Sheet (MSDS). Like the label, the SDS provides workers and emergency personnel critical information about the health and physical hazards associated with the chemical. Unlike the label, the SDS is a comprehensive document required by law to be kept on file while chemicals are being stored, in transport or during use. The SDS is prepared by the manufacturer and provides detailed technical information about the chemical, including the chemicals structure, stability properties, reactivity information as well as acute and chronic effects of exposure. The SDS provides details and procedures for handling or working with chemical is a safe manner including: Storage Disposal Safety Procedures Handling Information Permissible Exposure Limits 7

8 Spill Handling Procedures Personal Protective Equipment The Right to Know law requires SDSs to be: Kept on file while the chemical is being stored, in transport and during use Stored in each facility and readily available to all employees (not in a locked cabinet) Maintained in an archived file to never be thrown away, burned or shredded (including any MSDS/SDS for chemicals that are no longer in use) It is important to review the SDS BEFORE introducing a new chemical to your work are or whenever questions arise while working with hazardous substances. A SDS should accompany all products covered under the Right to Know law. If an SDS is not received with a chemical product that was ordered, inform the supervisor. Every effort should be made to obtain an SDS. These can be obtained directly from the manufacturer or the distributor of the product. Sometimes it may be necessary to contact the vendor directly. If a SDS is not received within five days of a written request, you may refuse to work with that chemical until the information is received. Essential duties may be precluded from this portion of the Right to Know Act. Further, a grievance procedure may be filed if you believe you have been adversely affected for exercising your right to know. You cannot be fired, disciplined or discriminated against for exercising your right to know. The Hazard Communication Standard (HCS) now requires the Safety Data Sheets (SDS), formerly Material Safety Data Sheets (MSDS), to have a 16-section format. This harmonized format provides for uniform section numbers and headings to better communicate the hazards of hazardous chemical products. 8

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