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|Title: 01/23/1989 - Applicability of the HCS to an employer using portland cement.|
|Record Type: Interpretation||Standard Number: 1910.1200|
January 23, 1989
Mr. Earl Woodall
205 Mill Road
Office Building 1133
West Mill Road
Evansville, Indiana 47710
Dear Mr. Woodall:
Senator Dan Quayle has asked the Occupational Safety and Health Administration (OSHA) to respond directly to your letter to him dated November 28, 1988, regarding OSHA's rule requiring material safety data sheets.|
The rule in question is the Hazard Communication Standard (HCS), 29 CFR 1910.1200, which was promulgated by OSHA in 1983. On August 24, 1987, the scope of the HCS was expanded to cover all employers with employees exposed to hazardous chemical. The standard requires chemical manufacturers and importers to assess the hazards of chemicals which they produce or import, and that this hazard information is transmitted to affected employers and exposed employees. Chemical manufacturers and importers must convey the hazard information they learn from their evaluations to downstream employers by means of labels on containers and material safety data sheets.
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It appears that the chemical manufacturer of the portland cement has performed a hazard determination had has prepared the material safety data sheet enclosed in your letter. The chemical manufacturer has indicated that cement can be both an eye and skin irritant. As an employer you are required to make the material safety data sheet available to your employees who are exposed to the cement, as well as to train them regarding the potential hazards.|
OSHA has developed a number of resources to assist employers in complying with the HCS. A kit produced by OSHA is available that provides step-by-step guidance on complying with the requirements of the standard and serves equally well the needs of all employers, regardless of the industry in which they operate.
The kit may be purchased through the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402-9325, at a cost of $18.00 for domestic users and $22.00 for foreign users. It has GPO Order No. 929-022-00000-9 and is OSHA 3104 Hazard Communication Compliance Kit. It may be ordered by telephone from GPO by calling (202) 783-3238 and using a credit card.
In addition, a booklet entitled "Chemical Hazard Communication" (copy enclosed) provides employers with an easy to read explanation of the responsibilities of employers under the HCS. The booklet also contains a directory of all OSHA Regional and Area Offices. Employers may contact a Regional or Area Office for additional information or assistance.
If I can be of further assistance, please feel free to contact me again.
John A. Pendergrass
The official, public domain, OSHA version of this document is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=19741&p_text_version=FALSE