OSHA’s Hazard Communications Standard (HCS) lays out guidelines for proper safety compliance practices. Recently, the organization released an updated guide on their inspection procedures, detailing the ways in which inspections will be carried out and the regulatory changes that must be met in order to pass these inspections without any serious citations.
Citations can carry a serious penalty, so business owners must be aware of the changes to citation guidelines that OSHA has provided. However, before you can understand the changes to citation rules under the new HCS, you must first know the general inspection practices. Being aware of the overall structure of OSHA inspections will give you an idea of what you should be doing to meet full compliance; focusing just on the citation guidelines will only tell you specific incidences to avoid rather than looking at the process in a more holistic way.
First of all, every measure of compliance must be accurate as per GHS revision 3 as released in 2009. More recent versions have been released, but OSHA standards must be met before those of the UN GHS, so it is best to double-check against the United States’ Hazard Communication Standards if you are interested in reporting your chemicals as per GHS revision 4 or later. There are a few major differences between versions 3 and 4; minor differences occur as well, but do not warrant any citations. Official versions of the different GHS revisions can be found online at http://www.unece.org/trans/danger/danger.html and can be compared to official HCS regulations as found on OSHA’s website. Pay close attention to the differences – some small changes in wording (“should” vs. “shall,” etc.) can be cause for citation.
A Certified Safety & Health Official (CSHO) will conduct your inspection. CSHOs follow many specific guidelines as per the OSHA inspections procedures compliance directive effective July 9, 2015. During the transition period between HCS 1994 and HCS 2012, any violations under either or both will be written up during inspection. The citation process for incorrect or missing labels is similar under both HCSs, but the official language varies slightly.
The CSHO may also issue a Failure to Abate (FTA) citation if your company has previously received a citation for a specific issue under HCS 1994, but not sufficiently addressed that problem. However, if the guidelines have shifted under HCS 2012, the language of that FTA may have to change slightly in nature and so your company will need to make changes accordingly.
Overall, the best way to avoid any confusion during a transition period like this is to assure that your company’s practices are compliant with both the HCS 1994 and the HCS 2012. Though you may be able to make a case for yourself if your practices match up with one but not the other, it is more likely that you will find yourself facing a citation and have to face repercussions. Familiarizing yourself with the new Hazard Communication Standard and reviewing the guidelines of the 1994 version is therefore essential to maintaining good business practices – both for the safety of your workers and the regulatory status of your company.
