Hazardous Compliance Explained: Understanding Responsibility

To fully grasp the responsibility of hazardous chemical compliance, it’s crucial first to define what constitutes a hazardous substance. But what exactly is a hazardous substance? Previously, we explored the meaning of “hazardous” and noted that each regulatory agency uses its own terminology. Although the criteria for classifying these terms—such as “hazardous chemical” (OSHA), “hazardous material” (PHMSA), and “hazardous substance” (EPA)—may overlap, they also differ. Moreover, these agencies and others may reference these terms differently depending on the context.

Further, even when clarifying what is hazardous, another aspect of compliance that creates confusion comes from determining who is responsible. What are chemical manufacturers required to provide? Or, what information does the product identifier provide on a label? Working with chemicals – whether a manufacturer or distributor – there are requirements for safe handling of chemicals in the workplace. 

This article in the series intends to provide some clarification as to who is – and who is not – responsible for complying with each of the hazard terms and their applicable regulations and will address who is responsible for compliance with hazardous waste (EPA) regulations.

When faced with the need to review a product’s characteristics, the first step is almost always to look at the safety data sheet (SDS), an OSHA document that provides vital information about chemical materials.

Working with Chemicals: OSHA, EPA, or PHMSA

OSHA adopted much of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS), with the idea being that ‘harmonized’ would imply a more universal means of classifying and labeling chemicals to streamline international trade. OSHA states that the manufacturer, importer or distributor must communicate all hazardous characteristics of the chemical product as defined by OSHA – in essence, whoever formulates, imports or owns the brand. 

Manufacturers, importers, and distributors communicate hazardous characteristics of chemical products primarily through several key methods, guided by regulations such as the OSHA Hazard Communication Standard (HCS) in the U.S. and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Here’s a rundown of the main chemical hazard communication tools for these entities:

1. Safety Data Sheets (SDS):

   • Purpose: SDS provides detailed information about the chemical’s hazards, safe handling procedures, emergency measures, and more.
   • Format: Typically, the SDS is divided into 16 sections, including information on identification, hazard identification, composition, first-aid measures, and more.
   • Requirement: Manufacturers and importers are required to provide SDS to distributors and end users.

2. Labels:

   • Purpose: Labels on chemical containers offer immediate information about the hazards and necessary precautions.
   • Content: Labels include elements like the product name, hazard pictograms, signal words (e.g., “Danger” or “Warning”), hazard statements, precautionary statements, and the supplier’s information.
   • Compliance: Labels must follow specific formatting rules under the GHS and local regulations to ensure consistency and clarity.

3. Training and Safety Programs:

   • Purpose: To ensure that workers and users understand how to handle chemicals safely.
   • Content: Training programs often cover hazard recognition, proper use of personal protective equipment (PPE), emergency procedures, and more.
   • Requirement: Employers are typically required to provide training to employees who handle hazardous chemicals.

4. Technical Information:

   • Purpose: To provide more detailed data about the chemical’s properties and uses.
   • Formats: Technical bulletins, product brochures, and detailed technical data sheets can provide additional context beyond what’s included in the SDS.

5. Regulatory Compliance Documentation:

   • Purpose: To ensure that all communications adhere to local, national, and international regulations.
   • Content: This can include documentation showing compliance with the GHS, OSHA standards, or other relevant regulations.

These communication tools ensure that all parties involved—from manufacturers to end users—are aware of the hazards associated with chemical products and how to handle them safely.

Are HazCom Requirements the Same for All Jurisdictions?

The problem is that several sections of the SDS provide information that is not under the jurisdiction of OSHA. The current solution to this is somewhat contradictory in that OSHA requires an SDS in the proper format with all applicable data, but doesn’t claim jurisdiction over information that isn’t mandatory and will therefore not enforce those sections.

The sections identified as non-mandatory are:

12. ECOLOGICAL – EPA

This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment.

• Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants).
• Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis.
• Results of tests of bioaccumulation potential, making reference to the octanol-water partition coefficient (Kow) and the bioconcentration factor (BCF), where available.
• The potential for a substance to move from the soil to the groundwater (indicate results from adsorption studies or leaching studies).
• Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).

13. DISPOSAL – EPA

This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, Section 8 (Exposure Controls/Personal Protection) of the SDS should be referenced.

• Description of appropriate disposal containers to use.
• Recommendations of appropriate disposal methods to employ.
• Description of physical and chemical properties that may affect disposal
• Language discouraging sewage disposal.
• Any special precautions for landfills or incineration activities.

14. TRANSPORTATION- PHMSA (DOT)

This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea.

• UN number (i.e., four-figure identification number of the substance).
• UN proper shipping name.
• Transport hazard class(es).
• Packing group number, if applicable, based on the degree of hazard.
• Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)).
• Guidance on transport in bulk (according to Annex II of MARPOL 73/78 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code (IBC Code)).
• Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).

15. REGULATORY – MULTIPLE

This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the SDS such as any national and/or regional regulatory information of the chemical or mixtures (including any OSHA, Department of Transportation, Environmental Protection Agency, State Right-to-Know, or Consumer Product Safety Commission regulations)

It’s not a coincidence that these sections correlate to hazardous classification and data under the jurisdiction of other agencies such as the EPA (sections 12 and 13), PHMSA and international agencies (section 14), and other U.S. or foreign agencies (section 15).

Even OSHA cites itself among other agencies regarding information not specific to hazard communication requirements. What further complicates matters is that the GHS standards, published by the United Nations, have been adopted by many other countries so where OSHA stipulated the data as non-mandatory and will not enforce, it is likely to be mandatory and enforced elsewhere.

Breakdown: Who Is Responsible for What in Hazard Communication?

Hazard Communication Regulations

1. Manufacturers and Importers:

   • Responsibilities:
     • Hazard Classification: Determine and classify the hazards of chemicals they produce or import.
     • Safety Data Sheets (SDS): Create and maintain SDS that provide comprehensive information about the chemical hazards and safe handling practices.
     • Labels: Ensure that labels on containers include required hazard information, such as hazard pictograms, signal words, and precautionary statements.
     • Regulations: In the U.S., these responsibilities are governed by OSHA’s Hazard Communication Standard (HCS). Globally, the Globally Harmonized System (GHS) provides similar guidelines.

2. Distributors:

   • Responsibilities:
     • Receiving and Handling SDS and Labels: Ensure that the SDS and labels provided by manufacturers or importers are kept up-to-date and are accessible to downstream users.
     • Transmission: If the distributor repackages or re-labels chemicals, they must comply with labeling requirements and provide accurate information.
     • Regulations: Compliance is guided by OSHA’s Hazard Communication Standard, which mandates that distributors pass on accurate hazard information.

3. Employers (End Users):

   • Responsibilities:
     • Training: Provide training to employees on the hazards of chemicals they handle, based on the information provided in SDS and labels.
     • Safety Programs: Implement safety procedures and protective measures to ensure a safe working environment.
     • Regulations: Employers must comply with OSHA’s Hazard Communication Standard, which includes training requirements and ensuring the availability of SDSs in the workplace.

Hazardous Waste Regulations

1. Generators of Hazardous Waste:

   • Responsibilities:
     • Waste Identification: Determine if the waste they produce is classified as hazardous according to EPA regulations.
     • Labeling and Storage: Properly label and store hazardous waste in accordance with EPA regulations.
     • Manifesting: Complete and maintain accurate records of hazardous waste shipments, including manifests.
     • Regulations: In the U.S., compliance is governed by the Resource Conservation and Recovery Act (RCRA) administered by the Environmental Protection Agency (EPA).

2. Treatment, Storage, and Disposal Facilities (TSDFs):

   • Responsibilities:
     • Handling: Properly handle, store, and dispose of hazardous waste in compliance with EPA regulations.
     • Permitting: Obtain and maintain necessary permits for waste treatment, storage, and disposal operations.
     • Regulations: TSDFs must adhere to regulations outlined under RCRA, including meeting specific operational and reporting standards.

3. Transporters of Hazardous Waste:

   • Responsibilities:
     • Transportation: Ensure the safe and compliant transport of hazardous waste, including proper labeling, packaging, and handling during transit.
     • Documentation: Maintain required documentation and manifests for hazardous waste shipments.
     • Regulations: Compliance with RCRA regulations and the U.S. Department of Transportation (DOT) regulations for hazardous materials.

4. EPA and State Agencies:

   • Responsibilities:
     • Regulation and Enforcement: Develop and enforce regulations for hazardous waste management, including overseeing compliance and conducting inspections.
     • Support: Provide guidance, resources, and support to help entities comply with hazardous waste regulations.

Each party plays a crucial role in ensuring the safe handling, communication, and disposal of hazardous chemicals and waste. Compliance involves understanding and fulfilling specific obligations to protect health, safety, and the environment.

Are you compliant according to Hazcom regulations? Streamlining safety data sheets with leading SDS authoring software and SDS management software can help ensure that responsibilities are met for your organization. Get in touch to learn more.