Standards Update Hazard Communications I2P2

1. Standards UpdateHazard Communications I2P2 Bill Wilkerson CIH Assistant Area Director OSHA Region V Cincinnati Area Office January 20, 2011

2. The preliminary rulemaking activities include preparing Requests for Information (RFIs), literature research, site visits, stakeholder meetings and other activities needed to develop rules that address important health and safety hazards in the most cost effective way possible. In addition, for major rules, (those with compliance costs in excess of a $100 million dollars or that have a major impact on small businesses) OSHA conducts SBREFA panels to get input on small business impacts. Small Business Regulatory Enforcement Fairness Act Based on this information OSAH develops the regulatory text, the preamble explaining the standard, and publish it in the Federal Register. OSHA then accepts written comment from the public and, in most cases, conducts informal public hearings. OSHA then analyzes the record, prepares the final rule and preamble and published the final rule in the Federal Register. At various steps in the process, rules are reviewed by OSHA and DOL management and OMB. The preliminary rulemaking activities include preparing Requests for Information (RFIs), literature research, site visits, stakeholder meetings and other activities needed to develop rules that address important health and safety hazards in the most cost effective way possible. In addition, for major rules, (those with compliance costs in excess of a $100 million dollars or that have a major impact on small businesses) OSHA conducts SBREFA panels to get input on small business impacts. Small Business Regulatory Enforcement Fairness Act Based on this information OSAH develops the regulatory text, the preamble explaining the standard, and publish it in the Federal Register. OSHA then accepts written comment from the public and, in most cases, conducts informal public hearings. OSHA then analyzes the record, prepares the final rule and preamble and published the final rule in the Federal Register. At various steps in the process, rules are reviewed by OSHA and DOL management and OMB.

4. Semiannual Regulatory Agenda Provides each agency�s plans for regulatory activities over the next year Current agenda was published on 12/20/2010 Can be accessed through OSHA�s web page or on the web page for the Federal Register (www.gpoaccess.gov/fr) under �Unified Agenda� READ SLIDE The Semiannual regulatory agenda. I�m sure most of you are familiar with this, it provides each Agency�s plans for regulatory activities over the next year. DSG has 20 projects on the Regulatory Agenda, including 2 completed action items. We are actively working on all of them. They address a variety of workplace hazards ranging from respiratory hazards addressed by the Assigned Protection Factors rulemaking to, hexavalent chromium, crystalline silica, electrical hazards and many others. It can be accessed through our website or on the webpage for the Federal Register. Remember to look under Unified Agenda, not Regulatory Agenda I will discuss several of the more visible projects and give you updates on our progress and plans for completing them. READ SLIDE The Semiannual regulatory agenda. I�m sure most of you are familiar with this, it provides each Agency�s plans for regulatory activities over the next year. DSG has 20 projects on the Regulatory Agenda, including 2 completed action items. We are actively working on all of them. They address a variety of workplace hazards ranging from respiratory hazards addressed by the Assigned Protection Factors rulemaking to, hexavalent chromium, crystalline silica, electrical hazards and many others. It can be accessed through our website or on the webpage for the Federal Register. Remember to look under Unified Agenda, not Regulatory Agenda I will discuss several of the more visible projects and give you updates on our progress and plans for completing them.

5. Recent Standards Activities Final rule, Crane & Derricks in Construction (August 2010) Hazard communication proposal (September 2009) I2P2 (Stakeholder Mtgs 2010) Confined Space in Construction proposal (November 2007) Silica some are long standing projects on our regulatory agenda and some are new items.some are long standing projects on our regulatory agenda and some are new items.

6. Regulatory Agenda Projects Health Standards Hazard Communications proposed modification to align with the GHS (Globally Harmonized System of Classification and Labeling of Chemicals) NPRM for Hazard Communication published in the Federal Register on 9/30/09. NPRM for Hazard Communication published in the Federal Register on 9/30/09.

7. Revision of the HCS to align with the GHS Proposal published September 30, 2009 90-day comment period (closed on December 29, 2009) Informal public hearings in 2010 Final Rule publication target date is August 2011

8. Globally Harmonized System of Classification and Labeling of Chemical - GHS A common, coherent approach to classifying and communicating chemical hazards Includes: Harmonized definitions of hazards Specific criteria for labels Harmonized format for safety data sheets (16 sections vs. 12 sections) GHS is not a proposed new standard but a revision GHS is not a standard by itself but a set of criteria and modified provisions of an existing requirement that is being incorporated into the existing framework of the HCS. GHS is not a standard by itself but a set of criteria and modified provisions of an existing requirement that is being incorporated into the existing framework of the HCS.

9. How does the GHS advance safety and health? The goal: All domestic and international systems Using the same definitions of hazard for the same chemical Providing the same basic information on labels Providing the same SDS format Protection/Health & Safety Reduce confusion/Increase comprehension of hazards Better downstream risk management Facilitates training Helps address literacy problems

10. HCS � GHS Modifications to Labels Sample Hazard Statements Fatal if in contact with skin Extremely flammable aerosol May cause cancer The left of this slide provides examples of hazard statements that may be included on a label and the two signal words. (A hazard statement is a phrase assigned to a hazard class and category that describes the nature of hazards of a hazardous product, including, where appropriate, the degree of hazard. A signal word is a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label.) On the right of this slide is all 9 GHS pictograms. A pictogram consists of a hazard symbol surrounded by a red square set at a point. The pictograms in the first two columns may look familiar, as they have symbols that are taken from the Transport sector. The three pictograms in the last column are new and consist of an exclamation point, which is just supposed to be an attention getter, the dead tree and fish for environmental hazards and the �star man� for health hazards. Column 1 pictograms: Flame, Flame over circle, Exploding bomb Column 2 pictograms: Gas cylinder, Corrosion, Skull and Crossbones Column 3 pictograms: Exclamation mark, Environment, Health Hazard The left of this slide provides examples of hazard statements that may be included on a label and the two signal words. (A hazard statement is a phrase assigned to a hazard class and category that describes the nature of hazards of a hazardous product, including, where appropriate, the degree of hazard. A signal word is a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label.) On the right of this slide is all 9 GHS pictograms. A pictogram consists of a hazard symbol surrounded by a red square set at a point. The pictograms in the first two columns may look familiar, as they have symbols that are taken from the Transport sector. The three pictograms in the last column are new and consist of an exclamation point, which is just supposed to be an attention getter, the dead tree and fish for environmental hazards and the �star man� for health hazards. Column 1 pictograms: Flame, Flame over circle, Exploding bomb Column 2 pictograms: Gas cylinder, Corrosion, Skull and Crossbones Column 3 pictograms: Exclamation mark, Environment, Health Hazard

11. HCS � GHS Safety Data Sheets Our next steps will lead us to publication of a proposed rule As I just mentioned, the Agency will receive reports from peer reviewers and make any appropriate revisions to the health effects and risk analyses We will also complete development and clearance of the other portions of the NPRM, including our economic and technological feasibility analyses The current regulatory agenda has a date of July 2010 for publication of the NPRMOur next steps will lead us to publication of a proposed rule As I just mentioned, the Agency will receive reports from peer reviewers and make any appropriate revisions to the health effects and risk analyses We will also complete development and clearance of the other portions of the NPRM, including our economic and technological feasibility analyses The current regulatory agenda has a date of July 2010 for publication of the NPRM

12. Injury and Illness Prevention Program - I2P2 Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today

13. I2P2 Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today AIHA- American Industrial Hygiene Association, ANSI American National Standard Institute OHSAS � Occupational Health and Safety Assessment Series Project Group The standard was published by the British Standards Institute Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today AIHA- American Industrial Hygiene Association, ANSI American National Standard Institute OHSAS � Occupational Health and Safety Assessment Series Project Group The standard was published by the British Standards Institute

14. I2P2 Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today Initially and continuing to this day, the existence of a S&H program was the basis for giving a company some credit toward lowering their penalty as an indicator of good faith toward improving the safety and health on the work site 1989 guidelines offered some best practice guidance for employers to use and reflected four major elements: mgmt commitment; employee involvement; worksite analysis; and S&H training > VPP elements today

15. I2P2

16. Bonus Info Silica Rulemaking Update � Developing Notice of Proposed Rulemaking (NPRM) Conducting peer review of health effects analysis and quantitative risk assessment Completion of peer review reports and revisions to health and risk analyses Complete development and clearance of NPRM OSHA has made the silica rulemaking a priority, and the Agency is devoting the resources necessary to move promptly to develop a silica standard The SBREFA process for the rulemaking was completed in late 2003 A separate regulatory text for construction was developed at that time We are now developing revised regulatory text and supporting analyses for a proposed rule We also initiated the peer review process for our health effects literature review and quantitative risk assessment on May 22, 2009; final reports are due soon DSG made a presentation to the ACCOSH committee on December 10, 2009; the committee made recommendations that are currently being reviewed OSHA has made the silica rulemaking a priority, and the Agency is devoting the resources necessary to move promptly to develop a silica standard The SBREFA process for the rulemaking was completed in late 2003 A separate regulatory text for construction was developed at that time We are now developing revised regulatory text and supporting analyses for a proposed rule We also initiated the peer review process for our health effects literature review and quantitative risk assessment on May 22, 2009; final reports are due soon DSG made a presentation to the ACCOSH committee on December 10, 2009; the committee made recommendations that are currently being reviewed

18. Standards Questions?