MSHA issued its guidance to the mining community, clarifying that those mine operators meeting OSHA’s hazard communication outlines will also be in compliance with MSHA’s standards for HazCom.
Many operators had been meeting OSHA’s boundaries.
The agency noted OSHA recently published an update to its Hazard Communication Standard, incorporating the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals.
Some of the major changes to the OSHA standard include a system of classifying types and degrees of hazards, amendments to labeling requirements and changes to the Material Safety Data Sheet, now referred to as a Safety Data Sheet.
MSHA’s full program policy letter, which contains the details of the guidance, is viewable at http://www.msha.gov/regs/complian/ppls/2013/PPL13-IV-01.pdf.
“MSHA policy being issued today clarifies that compliance with OSHA's HazCom rule meets the requirements of MSHA's HazCom rule,” assistant secretary of labor for mine safety and health Joseph Main said.
“We recognize that many mines already receive safety data sheets and labels for hazardous chemicals that are developed in accordance with OSHA’s revised standard.
“We also recognize that mine operators may be required to develop safety data sheets and labels compliant with OSHA’s standard in order to transport, import or export hazardous chemicals because of the transition to the global classification and labeling system.”
Main said the compatibility of the two systems was a “win-win” as it reduced the burden of maintaining two separate systems for identification and communication “while providing at least the same protections to miners as MSHA’s existing HazCom standard”.
“A single system will also promote consistency with other industries and federal agencies with respect to identification and communication of hazards,” he said.
The mandate of operators to develop, implement and maintain a written hazard communication program is part of federal regulations under Title 30, Part 47.
Under the law, operators must identify chemicals and make a hazard determination and ensure that containers of hazardous chemicals have labels.
Operators must also have a data sheet for each hazardous chemical used or produced at the mine and make it available; instruct miners on chemicals’ physical and health hazards in the work area; and communicate protective measures and contents of the HazCom program.
While OSHA’s HazCom standard is compatible with MSHA’s, the agency said some aspects of the OSHA classification might not be compatible with other MSHA standards, hazard chemical storage requirements included.
“Mine operators must comply with all existing MSHA standards concerning hazardous chemicals,” MSHA said.
Under that standard, operators are required to train miners on the contents of the mine’s program, describe in their written program the HazCom practices in place at the mine and outline practices for hazard determination, labels and safety data sheets.
Should operators choose to incorporate the updates to OSHA’s rules in their program, MSHA said management must update their written programs and conduct miner training on the new system.
A printable outline of the amendments is available at the MSHA web site.
