Hazard Communication Program UPPS No. 04.05.05
Issue No. 4
Effective Date: 01/15/2008
Review: November 1 E5Y
01. POLICY STATEMENTS
01.01 This UPPS
establishes a Hazard Communication Program (HCP) for complying with Chapters
502 (Hazard Communication Act) and 506 (Public Employer Community Right-To-Know
Act) of the Texas Health and Safety Code.
The
regulations of the Texas Department of State Health Services (TDSHS) are
available online at www.dshs.state.tx.us
01.02 This UPPS
constitutes the written hazard communication program for the university
workplace. Departments using hazardous chemicals must develop a written
program for the specific areas in which the Texas Hazard Communication Act
(THCA) applies to their operation.
01.03 This UPPS
establishes procedures for complying with provisions of the THCA regarding
hazardous chemicals in the workplace and for providing information to
university employees and to members of the community who may be exposed to
those chemicals.
01.04 Environmental
Health, Safety & Risk Management (EHSRM) has primary responsibility for
assuring that the University complies with all applicable regulations and
policies associated with hazard communications.
01.05 Throughout
this UPPS, the term “hazardous chemicals” refers to any materials that may pose
a physical hazard or a health hazard. This includes chemicals in all
physical forms – liquid, solid, gas, vapor, fumes, and mist -- without regard
to whether they are contained.
01.06 Due to
security considerations, lists of hazardous chemicals and their Material Safety
Data Sheet (MSDS) information should not be posted on a university or
departmental web site without prior written approval of EHSRM.
01.07 Non-compliance
with this UPPS can result in violations being charged against the University by
regulatory agencies, as well as the assessment of fines and other costs.
Disciplinary action may be taken against university personnel and students who
do not comply with this policy and associated regulations.
02. DEFINITIONS
02.01 Employee:
A full-time or part-time faculty, staff, and student worker whose compensation
is provided, controlled or dispensed by the University.
02.02 Extremely
Hazardous Substance (EHS): material determined by the Environmental
Protection Agency (EPA) to be potentially hazardous to life and health if
released. EHS’s are listed in 40 CFR 355 (Appendices A and B) and
available online at http://yosemite.epa.gov/oswer/ceppoehs.nsf/Alphabetical_Results!OpenView&Start=1
02.03 Hazardous
Chemical: Any substance that is a physical or health hazard, regardless of
its form.
02.04 Hazard
Communication Program: A written program that describes how the elements
of the program will be met in the workplace and work areas. This program must
include instructions on labeling, MSDS, employee information, and training.
02.05 Health
Hazard: A chemical for which there is statistically significant evidence
based on at least one study conducted in accordance with established scientific
principles that acute or chronic health effects may occur in exposed employees.
02.06 Local
Emergency Planning Committee (LEPC): A committee formed under the
Emergency Planning and Community Right to Know Act (EPCRA) section 301, and
recognized by the State Emergency Response Commission for the purposes of
emergency planning and public information. The University is covered by
the Hays County LEPC.
02.07 Material
Safety Data Sheet (MSDS): A document containing chemical hazard and safe
handling information that is prepared by the chemical manufacturer in
accordance with Occupational Safety and Health Administration (OSHA) standards.
02.08 Penalties:
Sums of money prescribed by the THCA which constitute administrative penalties
and civil or criminal fines. These may range from $50 to $100,000 for each
violation of the THCA.
02.09 Physical
Hazard: A chemical for which there is scientifically valid evidence that
it is a combustible liquid, a compressed gas, explosive, flammable, an organic
peroxide, an oxidizer, pyrophoric, unstable (reactive), or water-reactive.
02.10
02.11 Work
area: A department, section, studio lab, room or defined space where hazardous
chemicals are used and where employees are present.
02.12 Work Area
Chemical List (WACL): A list of specific chemicals in use or stored in
each work area. The list contains chemical name, common name, storage location,
manufacturer/distributor name, catalog number pertaining to the chemical name,
and quantity in use or storage. According to THCA Section 502.004 (f) chemicals
present in Research Laboratories are exempt from reporting requirements if:
a. The laboratory is under the direct supervision or
guidance of a technically qualified individual;
b. Labels on incoming containers of chemicals are not
removed or defaced;
c. The employer complies with section 502.006 (MSDS) and
502.009 (Training) of the THCA with respect to laboratory employees; and
d. The laboratory is not used primarily to produce
hazardous chemicals in bulk for commercial purposes.
Additionally,
Chapter 506 (Public Employer Community Right-to-Know Act) excludes chemicals
used in a research laboratory under the direct supervision of a technically
qualified individual (506.004 (13) (D)).
02.13 Workplace: An
establishment at one geographical location containing one or more work areas
with or without buildings. Accordingly, the University is considered a
workplace.
02.14 Workplace
Chemical List (WPCL): A consolidation of all work area chemical lists (non-exempt)
will comprise the University WPCL.
03. HAZARD
COMMUNICATION ACT-- CHAPTER 502 OF THE HEALTH AND SAFETY CODE
03.01 Applicability
- The THCA applies to all university activities where employees may be exposed
in the work area to hazardous chemicals under normal operating conditions or in
foreseeable emergencies.
03.02 Workplace
Chemical List (WPCL) - The THCA requires that employers compile and maintain a
WPCL that contains information for each hazardous chemical that could be
considered a health or physical hazard and which is normally used or stored in
the workplace. The WPCL is a composite of work area chemical lists maintained
in each department. The EHSRM will compile the University’s WPCL, as
needed. As stated in Section 02.12, research laboratories are exempt from
reporting chemical lists if they meet the conditions in 502.004 (f).
03.03 Material
Safety Data Sheet (MSDS) - The THCA requires that an MSDS be readily available for
review by employees. An MSDS shall be readily available for each hazardous
chemical purchased or used in the work area. The MSDSs can be available through
an electronic database or through manufacturers’ web sites. The web sites
should be made readily available to all applicable work areas through signage
and links to the MSDS information on the EHSRM web site.
03.04 Container
Labels - The THCA requires that original labels on incoming containers of
hazardous chemicals may not be removed or defaced. Chemicals transferred
to other containers other than those for immediate use must have labels affixed
with the following information: chemical name, manufacturer name and
address, health or physical hazard, target organ, effects and personal
protective equipment (PPE) required. An employee must not be required to work
with a hazardous chemical which has been transferred to an unlabeled
container other than in a portable container when intended
for immediate use by the employee who performed the transfer.
03.05 Training
- The THCA requires an employer to provide an education and training program
for employees who use or handle hazardous chemicals. Departments that
utilize hazardous chemicals must develop and administer a written hazard
communication training program appropriate to their department’s operation (See
Attachment
I for format). At a minimum, employee training should include: applicable
UPPSs, use of information provided on the MSDSs and chemical container labels,
the location of hazardous chemicals present in the employees’ work areas, the
physical and health effects of exposure, proper use of personal protective
equipment, safe handling of hazardous materials, first aid treatment for
exposure to hazardous chemicals and safety instruction on clean-up and disposal
of hazardous chemicals. Training records will be kept with each work area
documenting the initial training (prior to using the chemical) and the
refresher training (at least annually).
04. RESPONSIBILITIES
04.01 Environmental
Health, Safety & Risk Management - with regard to the University’s hazard
communication program, EHSRM has the following responsibilities:
a. Compilation
and review of the departmental Work Area Chemical Lists (WACL) to comprise the
University’s Workplace Chemical List (WPCL). EHSRM will update the WPCL
throughout the year as additional hazardous chemicals are introduced in
departments. EHSRM will maintain each
WPCL for 30 years from its preparation date.
b. Preparation
and submission of the annual Texas Tier Two Report and filing fee to the Texas
Department of State Health Services (TDSHS). Provide the Local Emergency
Planning Committee (LEPC) and the San Marcos Fire Department (SMFD) with a copy
of the Texas Tier Two Report.
c. Orientation
briefings for staff and faculty, including employees’ rights under the THCA, at
the New Employee Orientation scheduled by the Human Resources office and New
Faculty Orientation scheduled by Academic Development and Assessment.
d. Dissemination
of the “Notice to Employees” to apprise them of their rights under the THCA, as
listed in Attachment
II.
04.02 Department
heads, account managers, and supervisors have the following responsibilities:
a. Written
Training Program - Develop and implement a written hazard communications
training program to address the use of hazardous chemicals in their work areas.
See Attachment
I for program format.
b. Employee
Rights - Post the "Notice to Employee" poster in the work area (Attachment
II).
c. Departmental
Work Area Chemical List - Compile a Work Area Chemical List (WACL), not later
than December 31 of each year. Supervisors must make each WACL available
in the work area and furnish a copy to EHSRM upon request. The WACL does not
apply to research laboratories (see Section 02.12 of this UPPS).
1) The person
who compiles the WACL must date and sign it.
2) The WACL
must note chemicals present in excess of 55 gallons or 500 pounds at any one
time.
3) The WACL
must indicate those chemicals currently on the EPA Extremely Hazardous
Substance (EHS) list (see Section 02.02 of this UPPS).
d. Departmental
MSDSs - provide data in the work area for each chemical listed on the WACL and
make the MSDSs available for review by employees. Alternatively, the department
can post a web site where MSDSs are available online. The EHSRM web site
provides links to several comprehensive MSDS web sites.
e. Departmental
Training - provide an orientation training session for new and newly-assigned employees,
including student workers before they are allowed to work with, or in, a work
area containing hazardous chemicals.
1) Content of
training programs must include: the THCA, WACL, and MSDS data as well as
information on interpreting labels and MSDS; the location of hazardous
chemicals; acute and chronic effects of chemicals, safe handling procedures of
chemicals, personal protective equipment, and first-aid treatment of chemicals that
employees will use.
2) The
employing department will maintain a record of each orientation training for
five years and provide it to EHSRM upon request.
3) The
supervisor should use a training roster to document the employee’s participation
in the training. This should include: date of training, name of
instructor, topics covered, name of the employee, and the employee’s signature
attesting to their participation. Departments may use either the Employee
Training Roster or Employees training sheet to comply with this requirement.
4) The
supervisor should provide annual refresher training on all hazardous chemicals
used or stored in the work area. The supervisor may give training throughout
the year so as to cover all new chemicals introduced in the work area.
f. Ensure all
containers in the workplace are properly labeled. Employees will not be
required to work with a hazardous chemical from an unlabeled container.
g. Provide
their employees and students with appropriate personal protective equipment
(PPE) for the hazardous chemicals in use.
h. Appoint an
official “HCA contact” for each hazardous work area.
i. Budget
funds to adequately support the availability of proper personal protective
equipment for employees and students exposed to hazardous chemicals.
j. Account
managers who contract for services for the University that are provided on
campus must ensure the contractor has a written Hazard Communication Program to
cover their employees who will be working at the university job site. Account
managers who contract for such services must assure that their contracts with
vendors contain wording to meet the requirements of the THCA. A WACL with
associated MSDS’s must be maintained by the contractor at the university job
site and be readily available upon request to university personnel. Failure to
provide such information may constitute grounds for termination of the
contractor.
04.03 Departmental
HCA contact in each work area is responsible for: acting as liaison with
the EHSRM; maintaining department Hazard Communication Program (HCP), WACL, and
MSDS records; and ensuring that new employees are provided training before
working with hazardous chemicals.
05. PUBLIC
EMPLOYER COMMUNITY RIGHT-TO-KNOW ACT--CHAPTER 506 OF THE HEALTH AND SAFETY CODE
05.01 The
University must ensure that accessibility to information regarding hazardous
chemicals is provided on request to the:
a. San Marcos
Fire Department for dealing with chemical hazards during an emergency; and
b.
05.02 An annual
Texas Tier Two Report will be sent to TDSHS reporting all hazardous chemicals
which exceed the Tier Two reporting thresholds. These include:
a. Extremely
hazardous chemicals listed by the EPA in 40 CFR Part 355, Appendices A and B
(see Section 02.02 of UPPS) which have a reporting limit at the Threshold
Planning Quantity (TPQ) in pounds, or 500 pounds on site at any one time for
any chemicals listed on the Extremely Hazardous Substances (EHS) list; and
b. Non-EHS
Chemicals - Hazardous chemicals that require an MSDS and that are not included
on the EHS list. This reporting level is 10,000 pounds on site at any one time.
06. LABORATORY OPERATIONS PROCEDURES
06.01 Chemicals
in University laboratories are exempt from the requirements of Chapter 502
Hazard Communication Act (see Sec. 502.004(f)(2) and Chapter 506 Public
Employer Community Right to Know Act (506.004(13)(D)). Both exemptions require
that the laboratory is operated under the direct supervision or guidance of a
technically qualified individual and if:
a. Labels on
incoming containers of hazardous chemicals are not removed or defaced;
b. The
laboratory is not used primarily to produce hazardous chemicals in bulk for
commercial purposes;
c. A current
Material Safety Data Sheet is maintained for each hazardous chemical purchased
and stored on site; (502.006) and
d. An
education and training program (documented by training rosters) is provided for
employees who use or handle hazardous chemicals (502.009). Refer to
Section 04.02 e.
06.02 For
purposes of the chemical exemption in laboratories, a technically qualified
individual is someone who has been trained and may include:
a. Faculty
assigned to laboratories
b. Laboratory
assistants
c. Research
and teaching assistants
d. Laboratory
services technicians
06.03 To be
considered technically qualified for supervising laboratory operations, an
individual must be trained in handling hazardous chemicals. Training shall
include: applicable UPPSs, familiarity with the WACL and MSDS program for
their department or area, as well as state and federal regulations and safety
requirements.
06.04 This exemption
for hazardous chemicals under the THCA and the Community Right-to-Know-Act may
apply to the following university laboratories:
a.
b.
c.
d. College of
Applied Arts; and
e. Other
laboratories as designated by the EHSRM.
07. REVIEWERS OF THIS UPPS
07.01 Reviewers of this UPPS include the following:
Position Date
Director, Environmental Health, November 1 E5Y
Safety & Risk Management
Environmental Health and Safety November 1 E5Y
Specialists-Hazardous Waste
Dean,
Dean,
08. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents
Director,
Environmental Health, Safety & Risk Management; senior reviewer of this
UPPS
Vice
President for Finance and Support Services
President