thesynergist | NEWSWATCH
SHOW/HIDE
OSHA Finalizes Revision to Hazard Communication Standard
A final rule updating OSHA’s hazard communication standard (HCS) went into effect on July 19, 2024. According to OSHA’s May 20 press release, the new rule is intended to improve the amount and quality of information on chemical product labels and safety data sheets (SDSs) and help workers and first responders act more quickly in emergencies. Labels on small packaging must be more comprehensive and readable under the updated standard, and trade secrets may no longer prevent SDSs from including critical hazard information, OSHA states. Other changes include a clearer hazard classification process; updated hazard classes that aim to better inform users about explosives, aerosols, and chemicals under pressure; and updated precautionary statements on safe handling, storage, and disposal of hazardous chemicals.
According to the rule’s summary section, “the revisions in this final rule will enhance the effectiveness of the HCS by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries.”
The update will harmonize the HCS with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS), an international approach that categorizes chemicals according to their hazards. The seventh revision of the GHS was published in 2017. As the U.N. updates the GHS every two years, the 10th revision, published in 2023, is its most current version. OSHA’s HCS was last updated in 2012 to align with the third revision of the GHS.
One anonymous commenter quoted in the rule explained the rationale for aligning the HCS with the GHS. “Globally harmonizing the system for classification and labeling across a big part of the world was also beneficial as it provided consistency, and more simplicity, especially for foreign products utilized domestically,” the commenter wrote. Many of the U.S.’s major trading partners have aligned or are planning to align their chemical regulations with Revision 7 of the GHS.
Some of the updates to the HCS address areas where the 2012 standard was unclear, such as the provisions on small container labels and concentration ranges for trade secrets. OSHA has issued several letters of interpretation clarifying these provisions. The updates concerning small container labels and concentration ranges also align with Canada’s hazardous products regulations, improving regulatory coordination and transparency between Canada and the U.S.
Since the HCS was first introduced in the 1980s, OSHA planned to periodically update the standard “to keep pace with the advancement of scientific principles underlying the hazard determination process as well as improvements in communication systems,” the rule states. OSHA announced the most recent update to the standard in a notice of proposed rulemaking issued in February 2021. Stakeholder feedback was collected via an extended public comment period and an informal hearing in September of that year.
The updated HCS may be viewed on Regulations.gov. More information can be found in the Federal Register notice and in OSHA’s press release.
SHOW/HIDE
NIOSH Updates MultiVapor Tool
NIOSH recently released an updated version of its MultiVapor application to resolve errors that users were experiencing due to a missing file. The new version also addresses minor typographical errors.
MultiVapor is a free tool intended to help industrial hygienists and others estimate breakthrough times and service life of air-purifying respirator cartridges that remove toxic organic vapors from breathed air. NIOSH describes a breakthrough time as “the time following the first and continuous use of a cartridge after which the user of the cartridge could be exposed to a selected concentration of a harmful vapor.”
MultiVapor can also help users set cartridge change-out schedules, but NIOSH stresses that the tool is not a substitute for professional judgment or regulatory requirements.
Instructions for installing the MultiVapor application as well as video and PDF tutorials are available from the NIOSH website.
SHOW/HIDE
EPA Bans Most Uses of Methylene Chloride
EPA has finalized a rule that bans most uses of methylene chloride. Since 1980, the chemical has caused the deaths of at least 88 people who were exposed to methylene chloride in products used for bathtub refinishing and paint stripping. Methylene chloride is also used in aerosol degreasing, as an adhesive and sealant, and to make other chemicals such as climate-friendly refrigerants.
NIOSH describes methylene chloride as “a colorless liquid that can harm the eyes, skin, liver, and heart.” The effects of exposure include drowsiness, dizziness, nausea, loss of consciousness, and death. The International Agency for Research on Cancer categorizes methylene chloride as probably carcinogenic to humans.
The new rule bans manufacturing, processing, and distribution of the chemical for all consumer uses by July 2025 and most industrial and commercial uses within two years. Use of methylene chloride may continue for the production of chemicals that are important to efforts to reduce global warming, the production of battery separators for electric vehicles, and a few other specific uses that EPA describes as “highly industrialized and important to national security and the economy,” including uses required by the National Aeronautics and Space Administration, the Department of Defense, and the Federal Aviation Administration. These uses will continue with strict workplace controls, according to EPA.
The rule was published in the Federal Register on May 8 and went into effect July 8, 2024. For more information, see EPA’s press release and its risk management page for methylene chloride.
SHOW/HIDE
OSHA Clarifies Difference Between Recordable, Non-Recordable Musculoskeletal Injuries
In a recent memo, OSHA provided guidance for determining whether musculoskeletal illnesses and injuries treated through first aid, forms of massage known as active release techniques (ART), or exercise and stretching are recordable under the agency’s recordkeeping regulation. According to OSHA, work-related musculoskeletal injuries and illnesses “are generally not recordable if the only treatment given is first aid.” Because OSHA considers ART to be first aid, employers are not required to record injuries treated only with ART if the injuries do not meet other criteria, the memo explains. When exercise or stretching are recommended to treat a work-related injury or illness, OSHA clarifies that those cases are recordable as “therapeutic exercise is considered medical treatment.”
Work-related illnesses and injuries meet OSHA’s general recording criteria if they result in death, loss of consciousness, time away from work, restricted work, job transfer, or medical treatment beyond first aid. First aid, the memo explains, “is generally understood to mean the initial care of an injury or illness.”
OSHA acknowledges that each criterion for injury or illness recordability “operates independently” from the others. “If the application of first aid to a work-related musculoskeletal injury or illness keeps the employee from performing one or more routine functions of the job, or from working the full workday the employee would otherwise have been scheduled to work,” the memo states, “then the employee’s work has been restricted and the case is recordable.”
More information is available in the OSHA memo.
SHOW/HIDE
OSHA to Create New Regional Office, Merge Two Regions
On May 8, OSHA announced changes to its regional operations, including the creation of a new regional office in Birmingham, Alabama, which will oversee OSHA operations in that state and in Arkansas, Kentucky, Louisiana, Mississippi, Tennessee, and the Florida panhandle. The agency will also merge Regions 9 and 10 into the San Francisco region. OSHA Region 9 currently includes American Samoa, Arizona, California, Guam, Hawaii, Nevada, and the Northern Mariana Islands. Alaska, Idaho, Oregon, and Washington currently make up Region 10.
All OSHA regions will be renamed by geography instead of by assigned number, yielding the Boston, New York City, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco, and Birmingham regions. OSHA plans to implement this new regional structure later in fiscal year 2024. A table in the agency’s news release and a map from the OSHA website outline the new regional structure and boundaries.
SHOW/HIDE
NIOSH Report Addresses Silica Exposures during Drywall Sanding
A recent health hazard evaluation (HHE) report by NIOSH includes recommendations for controlling respirable crystalline silica (RCS) exposures among employees engaged in drywall sanding, based on the agency’s assessment of a hospital construction site in early 2023. RCS exposure is associated with silicosis, lung cancer, and other lung diseases and with kidney and autoimmune diseases, the report explains.
At the request of a drywall finishing company, NIOSH evaluated a crew of three employees responsible for sanding prepared drywall before painting. While none of the workers reported health symptoms when interviewed by NIOSH staff, sampling showed that one worker was overexposed to RCS and all three had RCS exposures that surpassed OSHA’s action level, requiring their employer to take steps to protect their health.
NIOSH advised the drywall finishing company to adjust work practices to keep employees’ RCS exposures below OSHA exposure limits by providing workers with pole sanding equipment and a vacuum fitted with a high-efficiency particulate air filter to clean their dusty clothing. NIOSH also recommended that the company provide clearer guidance to employees for using their power drywall sander.
Due to previous exposure monitoring results, the workers were not required to wear respirators during sanding activities. The HHE report notes that, based on the results of NIOSH’s sampling, the employer must implement a respiratory protection program until further sampling shows that RCS exposures are below OSHA’s permissible exposure limit.
The report may be downloaded as a PDF from NIOSH’s HHE report archive.
SHOW/HIDE
EPA Proposes Workplace Controls, Partial Ban for Solvent NMP
A rule proposed by EPA on June 5 would establish workplace controls for many uses of the solvent n-methylpyrrolidone (NMP) and ban other uses for which alternatives exist or that the agency says “cannot safely continue.” NMP, a common alternative to methylene chloride, is used in the manufacture of petrochemicals, electronics, polymers, and agricultural chemicals. It’s also used for producing and removing paints, coatings, and adhesives. According to EPA, exposure to NMP can damage the liver, kidneys, immune system, and nervous system as well as lead to miscarriages and reduced fertility.
EPA’s proposal would require workplace chemical protection programs for many of NMP’s occupational conditions of use. The proposed rule also includes requirements to prevent direct dermal contact with NMP that would take effect one year from when the rule is finalized. Proposed concentration limits and personal protective equipment requirements would affect the chemical’s occupational uses in paints, adhesives, inks, coatings, and soldering materials.
EPA proposes to ban the commercial use of NMP in products for automotive care, cleaning and degreasing, and furniture care as well as in fertilizers and other agricultural chemical manufacturing processes. The agency’s proposal would also ban NMP in antifreeze, deicing products, and lubricants, though EPA believes that the chemical is not currently being used in these products.
The proposed rule was published in the Federal Register on June 14. Further information can be found on EPA’s webpage on risk management for NMP.
SHOW/HIDE
EPA Finalizes Disinfectant Residue Test Methods for Surfaces
On June 13, EPA released test methods for detecting residues of two classes of disinfectants on hard surfaces after rinsing with water: quaternary ammonium compounds and phenolic compounds. “Estimating the amount of disinfectant residue after rinsing a treated surface, like cutting boards and countertops, with water is an important step in refining dietary risk assessments for disinfectant products that may come in contact with food,” EPA states.
Quaternary ammonium and phenolic compounds represent the range of potentially harmful disinfectant residues that may remain on a surface after rinsing, EPA explains. Quaternary ammonium compounds are expected to leave the most residue, while phenolic compounds are expected to leave the least. The new test methods will serve as guidance for residue studies when registering new and existing products and enable EPA to perform more accurate dietary risk assessments.
More information is available in EPA’s finalized guidance and press release.
SHOW/HIDE
Dust Monitor Incident Prompts Alert on Battery Fire, Explosion Hazards
A safety alert issued by MSHA highlights the importance of protecting lithium battery-powered devices from unusual or excessive heat, stress, and impacts. The alert stems from an incident on April 11 in which a falling rock struck a continuous personal dust monitor, causing the device to catch fire. Miners also reported an explosion.
MSHA urges employers to train workers in the proper care and use of equipment powered by lithium batteries. The agency stresses that lithium batteries are safe power sources for handheld devices—including continuous personal dust monitors, handheld radios, and cell phones—when properly designed and manufactured, and when users follow manufacturers’ instructions for storage, use, charging, and maintenance.
In a 2019 safety and health bulletin, OSHA agrees that lithium batteries are “generally safe and unlikely to fail.” They may present a fire or explosion hazard if they have design defects or are made of low-quality materials. Incorrect assembly, improper use or recharging, and damage may contribute to fire and explosion hazards related to lithium batteries, the agency explains.
Further information can be found in MSHA’s safety alert and OSHA’s safety and health bulletin (PDF).
SHOW/HIDE
NIOSH Evaluates Respirable Hazards in Dental Clinic
A new health hazard evaluation (HHE) report published by NIOSH recommends controls for respirable hazards in a dental clinic. Clinic management requested an evaluation due to concerns about idiopathic pulmonary fibrosis (IPF), a serious, chronic disease that can cause permanent scarring in the lungs. IPF was first reported among dentists in 2018.
NIOSH staff visited the clinic in August 2022 to analyze possible exposures, assess the ventilation system, and interview clinic employees. The evaluators found low levels of respirable dust, respirable crystalline silica, respirable metals, and volatile organic compounds, but employees did not report work-related symptoms. Treatment rooms and staff offices did not meet ASHRAE standards for temperature and outdoor air intake. Staff members did not consistently use local exhaust ventilation (LEV) in the clinic laboratory, causing aerosols generated in the lab to flow into adjacent spaces.
NIOSH recommends that the clinic maintain the lab under negative pressure and encourage workers to use LEV while performing grinding, trimming, and soldering tasks. NIOSH’s recommendations also include bringing the clinic’s ventilation system in line with nationally accepted standards, making N95s available and training staff in their use, ensuring that staff members understand the hazards of their workplace, and encouraging them to report work-related respiratory symptoms.
NIOSH’s report can be downloaded as a PDF from the agency’s HHE report library.