HazCom 30 CFR Part 47 (Interim Final Rule) Telling Miners about Chemical Hazards

HazCom’s Basic Provisions 4 Inventory the chemicals at your mine and determine which are hazardous. 4 Keep a list of the hazardous chemicals. 4 Establish a written HazCom Program. 4 Prepare a label and MSDS for your product. 4 Make sure containers are labeled. 4 Keep MSDSs. 4 Train your miners about the HazCom Program and the hazardous chemicals they can be exposed to. 4 Allow your miners to access HazCom info.

What is HazCom? 4 HazCom is an information and training standard. –Purpose: to reduce chemically related injuries and illnesses. –Scope: All mining operations. 4 HazCom does not restrict chemical use, require controls, or set exposure limits.

HazCom’s 10 Major Subparts: 4 Purpose and Scope 4 Hazard Determination 4 HazCom Program 4 Labeling 4 MSDS 4 Training 4 Access to HazCom Information 4 Trade Secrets 4 Exemptions 4 Definitions

Hazard Determination - 1 You must... 4 Identify the chemicals at your mine. 4 Determine if they can be a physical or health hazard. –Physical Hazards can cause injuries. The chemical may be a combustible liquid, a compressed gas, an organic peroxide, or an oxidizer. It may be flammable, explosive, unstable (reactive) or water-reactive. –Health Hazards can cause illnesses. The effects may be acute (of short duration) where symptoms often appear immediately, or chronic (of persistent duration) where symptoms usually appear after some time.

Hazard Determination - 2 Exemptions from the Rule 4 Consumer Product or Hazardous Substance –used as manufacturer intended and –does not expose miner more often or longer than ordinary consumer use. 4 Articles –releases insignificant amounts of hazardous chemical and –poses no physical or health risk.

Hazard Determination - 3 Exemptions from the Rule 4 Personal items: food, tobacco products, drugs, cosmetics, or other such items –packaged for retail sales and –intended for personal consumption or use. 4 Biological hazards 4 Radiation 4 Wood or wood products

Hazard Determination - 4 How do I know it’s bad? 4 Chemical Brought to the Mine –MSDS or label indicates a physical or health hazard or –Operator may conduct scientific evaluation. –Hazardous waste regulated by EPA. 4 Chemical Produced at the Mine –Available evidence– MSHA standards –ACGIH– NTP –IARC

Hazard Determination Mixtures produced at the mine –Test as a whole: use the results of the test. –Not tested as a whole physical hazard: use valid scientific evidence health hazard: assume same health hazard as a 1% component and cancer hazard: assume same as 0.1%. cancer component per ACGIH, NTP, IARC. –If evidence that a component can be released at a health risk concentration, assume mix is a health risk.

HazCom Program - 1 Each operator must - 4 Develop and implement a written HazCom Program; 4 Maintain it for as long as a hazardous chemical is at the mine; and 4 Share relevant information with other operators whose miners can be affected.

4 How HazCom is put into practice at the mine –hazard determination –labels –MSDSs –training 4 Identity of all hazardous chemicals at the mine 4 How other operators at the mine are –given access to MSDSs –told about the hazardous chemicals HazCom Program - 2 Must include HazCom Program Decide Label MSDS Train List

Labeling Requirements 4 Ensure each hazardous chemical is labeled –Immediately replace if missing or marred. –May not remove or deface. 4 Chemical produced at mine –Prepare a container label and –Update with significant new information within 3 months. 4 Chemical brought to mine. –Replace outdated label when received. 4 Not responsible for inaccurate label supplied by manufacturer.

Labeling - 2 Contents and Alternatives 4 Contents –Obvious, legible, accurate, and in English; –Display appropriate hazard warnings; and –A chemical identity that can be cross-referenced between list, label, and MSDS. 4 Label alternatives (stationary process containers) –Sign, placard, process sheet et al if it identifies the container it applies to; has the same information as the label; and is immediately accessible to miners.

Labeling - 3 Temporary, portable containers 4 A temporary, portable container does not have to be labeled if –It’s filled directly from a labeled container; –The operator ensures the miner using the container knows the identity of the chemical, its hazards, and the protective measures to take, and –The container is empty at the end of the shift. Motor Oil

MSDS Requirements 4 Operator must – have an MSDS for each hazardous chemical before using it. –prepare an MSDS For each hazardous chemical produced at the mine. –replace outdated MSDS for each hazardous chemical brought to the mine. 4 Operator is not responsible for an inaccurate MSDS obtained from the chemical’s manufacturer or supplier. MSDS

MSDS: Contents 4 If an operator must prepare an MSDS, it must be legible, accurate, and in English; 4 Must include –1. Chemical identity – 2. Properties –3. Physical hazards – 4. Health hazards –5. Exposure limits – 6. Carcinogenicity –7. Safe use – 8. Control Measures –9. Emergency info – 10. Date prepared 4 Must use a chemical identity that can be cross- referenced between list, label, and MSDS.

MSDS for Hazardous Waste 4 If operators cannot obtain MSDS, they must give each potentially exposed miner access to any MSDS information that is available, such as –hazardous components; –physical or health hazards; or –protective measures. 4 Hazardous waste is regulated by EPA. –Waste oil or other waste byproducts are not hazardous waste under this definition unless covered by EPA.

MSDS: Access and Retention 4 Must give access during each work shift –at each work area where chemical is produced or used; or –at a central location provided that a miner can immediately access it in an emergency. 4 Must keep the MSDS –as long as the hazardous chemical is at mine; and –notify miners at least 3 months before disposal.

HazCom Training Requirements 4 Operator must instruct each miner about the hazardous chemicals in his/her work area – –before first assignment to the area; –whenever a new chemical is brought into the area unless the miner was already trained about the hazards; –whenever the operator becomes aware of new and significant hazard information. 4 Relevant training for OSHA’s HCS or parts 46/48 meets HazCom. Relevant HazCom training meets parts 46/48. 4 Must keep records of training for 2 years.

Training Contents 4 The physical and health hazards of the chemicals. 4 HazCom regulatory requirements. 4 The mine’s HazCom program. 4 Location and availability of Hazcom materials. 4 Where hazardous chemicals are in the mine. 4 How to tell if a chemical is present. 4 The protective measures to take. 4 How the operator protects the miner (engineering controls etc).

4 Operator must make all HazCom materials available to miners and designated representatives. 4 Costs –must provide first copy and each revision free. –fees for more copies: nondiscriminatory & reasonable. 4 Providing labels and MSDSs to customers –provide upon request. –label must include name and address of a responsible party who can provide additional information about the chemical. Making Information Available

Trade Secrets 4 May withhold chemical identity. 4 Under no circumstances must operator disclose trade secret process or percentage of mixture information. 4 Must disclose chemical identity –to MSHA –in medical emergency –in non-emergency to miners, miner’s representatives, health professionals 4 Legal protection like OSHA’s HCS.