The standard puts clear duties on every employer whose workers are exposed to hazardous chemicals. This lesson explains them and the rights they give you.
The written hazard communication program
Under 1910.1200(e), each workplace needs a written hazard communication program. It must describe:
- how labels and other warnings are handled,
- how safety data sheets are kept and made available,
- how employees are trained,
- a list of the hazardous chemicals known to be present, using a name that matches the label and the SDS,
- how workers are told about the hazards of non-routine tasks (for example, cleaning a tank that is not cleaned every day),
- how workers are told about the hazards of chemicals in unlabeled pipes.
The list can cover the whole workplace or be sorted by work area. The program must be available to employees, their representatives and OSHA on request.
More than one employer on site
On a site with several employers, such as a building site, the program must say how the others get access to the SDSs, how they are told about precautions and how they learn about the labeling system. A contractor's workers are entitled to this information.
Employee information and training
1910.1200(h) says employers must give employees effective information and training on the hazardous chemicals in their work area.
When: at the time of initial assignment, and again whenever a new chemical hazard that employees have not been trained about is introduced into the work area. The standard does not set a fixed yearly refresher. Many employers repeat training every year anyway, because people forget, and OSHA expects training to be effective.
What workers must be told (information):
- the requirements of the standard,
- where hazardous chemicals are present in their work,
- where the written program, the chemical list and the SDSs are kept.
What the training must cover:
- how to detect the presence or release of a hazardous chemical (for example, monitoring, or how it looks and smells),
- the physical and health hazards of the chemicals in the work area,
- how to protect yourself: work practices, emergency procedures and personal protective equipment,
- the details of the program: how to read labels and SDSs and how to get hazard information.
Training must be understandable. OSHA expects it to be given in a language and at a level the worker can follow. Handing someone a sheet to sign is not effective training.
Site-specific training stays with the employer
This course teaches the general system. It does not replace what 1910.1200(h) requires from your employer: training on the actual chemicals, hazards, procedures and protective equipment in your own work area. Only your employer can give you that.
Your rights
- You may see the written program, the chemical list and the SDS for each chemical you work with. You should get them without delay.
- You have the right to training before you work with hazardous chemicals.
- Under 29 CFR 1910.1020, you may see your exposure and medical records.
- You may ask OSHA to inspect your workplace or file a complaint. OSHA can be reached at 1-800-321-OSHA (6742) or through osha.gov. You may ask OSHA to keep your name from your employer.
- Section 11(c) of the Occupational Safety and Health Act protects you from retaliation (firing, demotion, discipline) for using these rights or raising safety concerns. A complaint about retaliation generally has to be filed with OSHA within 30 days.
What to remember
- Every workplace needs a written program, a chemical list, available SDSs and training.
- Training happens at initial assignment and when a new hazard arrives.
- Your rights are protected from retaliation. Use them.