OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

Subject: Changes to the Construction Standard Alleged Violation Elements (SAVEs) Manual

A. PURPOSE. This instruction transmits revised and new pages to the Construction SAVEs Manual for Hazard Communication.

B. SCOPE. This instruction applies OSHA-wide.

C. ACTION. Regional Administrators and Area Directors shall ensure that all compliance personnel:

1. Make the following page changes to the Construction (SAVEs) Manual:

23.35 through 23.50

23.51 through 24

2. File a copy of this transmittal sheet behind OSHA Instruction CPL 2.34 CH-8 in the appropriate OSHA Directives System binder.

D. BACKGROUND. The Final Rule, 29 CFR 1926.59, Hazard Communication, was published in the FEDERAL REGISTER, Vol.52, No. 163, on August 24, 1987.

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

E. STATE PLAN STATES. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

Roger A. Clark, Director Directorate of Compliance Programs

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.58(n)(5)(iii): Upon request, the employer did not make employee medical records required by 29 CFR 1926.58(m) and (n) available for examination and copying to the subject employee, or anyone having the specific written consent of the subject employee, or the Assistant Secretary, in accordance with 29 CFR 1910.20:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED)(DESCRIBE CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD AND ANY PERIOD ASSUMED AS ZERO, SHIFT AND DATE)

2 29 CFR 1926.58(n)(6)(i): The employer did not comply with the requirements concerning the transfer of records set forth in 29 CFR 1910.20(h):

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED)(DESCRIBE CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD AND ANY PERIOD ASSUMED AS ZERO, SHIFT AND DATE)

3 29 CFR 1926.59(b)(4)(i): In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, the employer did not ensure that labels on incoming containers of hazardous chemicals were not removed or defaced:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS INCLUDING HAZARDOUS CHEMICAL OR CHEMICAL PRODUCT(S) INVOLVED)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND DATE)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1926.59(b)(4)(ii): In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, the employer did not maintain copies of any material safety data sheets that were received with incoming shipments of the sealed containers of hazardous chemicals:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS INCLUDING HAZARDOUS CHEMICAL OR CHEMICAL PRODUCT(S) INVOLVED)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND DATE)

OPTION 2 2 29 CFR 1926.59(b)(4)(ii): In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, the employer did not obtain a material safety data sheet for sealed containers of hazardous chemicals received without a MSDS when an employee requested the MSDS:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS INCLUDING HAZARDOUS CHEMICAL OR CHEMICAL PRODUCT(S) INVOLVED)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND DATE)

OPTION 3 3 29 CFR 1926.59(b)(4)(ii): In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, the employer did not ensure that the material safety data sheets were readily accessible during each work shift to employees when they were in their work areas:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS INCLUDING CHEMICAL PRODUCT(S) FOR WHICH MSDS WERE NOT READILY ACCESSIBLE)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND DATE)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(b)(4)(iii): In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use, the employer did not ensure that employees were provided with information and training in accordance with 29 CFR 1926.59(h), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS INCLUDING WHAT WAS LACKING THAT DEMONSTRATED EMPLOYER DID NOT MEET THIS REQUIREMENT)(INCLUDE THE NUMBER OF EMPLOYEES EXPOSED AND DATE)

NOTE: Cannot be cited for the location and availability of the written hazard communication program under 29 CFR 1926.59(h)(1)(iii).

2 29 CFR 1926.59(d)(1): Chemical manufacturers and importers did not evaluate chemicals produced in their workplace or those imported by them to determine if they were hazardous:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL PRODUCT(S) FOR WHICH A HAZARD DETERMINATION HAS NOT BEEN CONDUCTED)

3 29 CFR 1926.59(d)(2): Chemical manufacturers, importers, or employers evaluating chemicals did not identify and consider the available scientific evidence to determine if they were hazardous:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT AND THE AVAILABLE SCIENTIFIC EVIDENCE THE MANUFACTURER, IMPORTER OR EMPLOYER FAILED TO IDENTIFY AND CONSIDER)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1926.59(d)(6): Chemical manufacturers, importers, or employers did not describe in writing the procedures used to determine the hazards of the chemical they evaluated:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL PRODUCT(S) AND WRITTEN HAZARD DETERMINATION PROGRAM DEFICIENCIES)

OPTION 2 2 29 CFR 1926.59(d)(6): Written procedures used to determine the hazards of a chemical were not made available upon request to employees or their designated representatives:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL PRODUCT(S) AND PERSONS DENIED ACCESS TO WRITTEN HAZARD EVALUATION PROCEDURES)

3 29 CFR 1926.59(e)(1): The employer did not develop, implement, and maintain at the workplace a written hazard communication program which described how the criteria specified in 29 CFR 1926.59(f), (g), and (h) would be met:

(a) (LOCATION)(IDENTIFY EMPLOYER'S DEFICIENCY IN MEETING WRITTEN PROGRAM REQUIREMENTS (e.g., "NO PROGRAM WAS DEVELOPED" OR "NO PROGRAM WAS MAINTAINED AT THE WORKPLACE", AS APPLICABLE)(IF PROGRAM EXISTS BUT IS DEFICIENT, DESCRIBE DEFICIENCIES)(IDENTIFY WORKPLACE EXPOSURE BY JOB TITLE/DESCRIPTION AND IDENTITY OF HAZARDOUS CHEMICAL(S))

4 29 CFR 1926.59(e)(1)(i): The written hazard communication program did not include a list of the hazardous chemicals known to be present using an identity that was referenced on the appropriate material safety data sheet:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATION AND/OR CONDITIONS INCLUDING CHEMICAL/PRODUCT AND DEFICIENCIES)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(e)(1)(ii): The written hazard communication program did not include the methods the employer would use to inform employees of the hazards of non-routine tasks, and the hazards associated with chemicals contained in unlabeled pipes in their work areas:

(a) (LOCATION)(IDENTIFY TASK AND FREQUENCY OF TASK AND HAZARDS ANTICIPATED THAT WERE NOT ADDRESSED IN THE WRITTEN PROGRAM)

2 29 CFR 1926.59(e)(2): The employer produced, used, or stored hazardous chemicals at the workplace in such a way that employees of other employer(s) could be exposed and did not ensure that the hazard communication program included all of the elements listed in 29 CFR 1926.59(e)(2)(i) through (iii):

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)(DESCRIBE EXPOSURE OF EMPLOYEES OF OTHER EMPLOYERS)(DESCRIBE CONDITIONS OF USE OF CHEMICALS(S) AND IDENTIFY CHEMICAL HAZARD(S))(DATE AND SHIFT)

3 29 CFR 1926.59(e)(2)(i): The employer's hazard communication program did not include methods the employer would use to provide other employers with a copy of the material safety data sheet, or to make it available at a central location in the workplace, for each hazardous chemical the other employers employees could be exposed to while working:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS (NAMES OF OTHER EMPLOYER(S) WITH EMPLOYEES EXPOSED AND STATE "NAME OF EMPLOYER'S WRITTEN PROGRAM DID NOT INCLUDE THE METHODS WHICH COULD HAVE BEEN USED OR EITHER MAKE THEM AVAILABLE AT A CENTRAL LOCATION TO OTHER EMPLOYERS")

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(e)(2)(ii): The employer's hazard communication program did not include methods the employer would use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)(NAMES OF OTHER EMPLOYERS WITH EMPLOYEES EXPOSED AND STATE "NAME OF EMPLOYER'S WRITTEN HAZARD COMMUNICATION PROGRAM DID NOT INCLUDE THE METHODS WHICH COULD HAVE BEEN USED TO INFORM OTHER EMPLOYERS OF ANY PRECAUTIONARY MEASURES NECESSARY TO BE TAKEN TO PROTECT EMPLOYEES")

2 29 CFR 1926.59(e)(2)(iii): The employer's hazard communication program did not include methods the employer would use to inform the other employer(s) of the workplace labeling system:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)(THE NAMES OF OTHER EMPLOYER(S) WITH EMPLOYEES EXPOSED AND STATE "NAME OF EMPLOYER'S WRITTEN HAZARD COMMUNICATION PROGRAM DID NOT INCLUDE THE METHODS WHICH COULD HAVE BEEN USED TO INFORM OTHER EMPLOYERS OF THE LABELING SYSTEM USED IN THE WORKPLACE")(DATE AND SHIFT)

3 29 CFR 1926.59(e)(4): The employer did not make the written hazard communication program available upon request to the employees or their designated representatives in accordance with 29 CFR 1910.20(e):

(a) (LOCATION)(IDENTIFY REQUESTING PERSON AND SPECIFIC DENIAL TO PROVIDE A COPY OF THE WRITTEN PROGRAM WITHIN 15 DAYS)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(f)(1)(i): The chemical manufacturer, importer, or distributor did not ensure that each container of hazardous chemicals leaving the workplace was labeled, tagged or marked with the identity of the hazardous chemicals:

(a) (LOCATION)(IDENTIFY INCLUDING CHEMICAL/PRODUCT(S) BEING SHIPPED DOWNSTREAM AND IDENTIFY DEFICIENCY)

2 29 CFR 1926.59(f)(1)(ii): The chemical manufacturer, importer, or distributor did not ensure that each container of hazardous chemicals leaving the workplace was labeled, tagged or marked with the appropriate hazard warnings:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) EXPOSURE INCLUDING SPECIFIC TARGET ORGAN EFFECTS, CARCINOGEN WARNING AND/OR PHYSICAL HAZARDS AS APPLICABLE WHICH ARE NOT LISTED ON THE LABEL)

3 29 CFR 1926.59(f)(1)(iii): The chemical manufacturer, importer, or distributor did not ensure that each container of hazardous chemicals leaving the workplace was labeled, tagged or marked with the name and address of the chemical manufacturer, importer, or other responsible party:

(a) (LOCATION)(IDENTIFY CHEMICAL/PRODUCT(S) AND DEFICIENCY).

4 29 CFR 1926.59(f)(2): The label for a solid metal was not transmitted to the customer at the time of initial shipment nor when the information on the label changed:

(a) (LOCATION)(IDENTIFY SPECIFIC METAL SHIPMENT INCLUDING CHEMICAL/PRODUCT(S) FOR WHICH A LABEL WAS NOT TRANSMITTED)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(f)(5)(i): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS, DESCRIPTION OF EMPLOYEE EXPOSURE AND CONDITIONS OF USE INCLUDING THE CONTAINER OF THE CHEMICAL/PRODUCT AND IDENTIFY DEFICIENCY)

2 29 CFR 1926.59(f)(5)(ii): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the appropriate hazard warnings:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATION) (DESCRIPTION OF EMPLOYEE EXPOSURE AND CONDITIONS OF USE INCLUDING CHEMICAL/PRODUCT(S) AND WARNING (DISCREPANCIES)(INCLUDING SPECIFIC TARGET ORGAN EFFECTS, CARCINOGEN WARNING AND/OR PHYSICAL HAZARDS AS APPLICABLE)

OPTION 1 3 29 CFR 1926.59(f)(6): The employer used written materials, such as signs, placards, process sheets, batch tickets in lieu of affixing labels to individual stationary process containers which failed to identify the container to which it was applicable and/or failed to convey the information required by 1926.59(f)(5) to be on a label:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)(DESCRIBE WHAT THE EMPLOYER WAS USING IN LIEU OF AFFIXED LABELS ON THE CHEMICAL/PRODUCT(S) ITS IDENTITY AND PARTICULAR INFORMATIONAL DEFICIENCIES UNDER 29 CFR 1926.59(f)(5))

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1926.59(f)(6): The employer used written materials, such as signs, placards, process sheets, batch tickets in lieu of affixing labels to individual stationary process containers which were not readily accessible to the employees in their work area throughout each work shift:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)(DESCRIBE WHAT THE EMPLOYER WAS USING IN LIEU OF AFFIXED LABELS ON THE CHEMICAL/PRODUCT(S) AND WHY OR HOW THE ALTERNATIVE WRITTEN MATERIAL WAS NOT AVAILABLE TO EMPLOYEES)

2 29 CFR 1926.59(f)(8): The employer removed or defaced labels on incoming containers of hazardous chemicals and did not immediately mark the containers with the required information:

(a) (LOCATION)(IDENTIFY SPECIFIC CONTAINER(S) OF CHEMICAL/PRODUCT(S) AND LABEL DEFICIENCY)

3 29 CFR 1926.59(f)(9): The employer did not ensure that labels or other forms of warning were legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift:

(a) (LOCATION)(IDENTIFY SPECIFIC CONTAINER(S) CHEMICAL/PRODUCT(S) AND DEFICIENCY)

OPTION 1 4 29 CFR 1926.59(g)(1): Chemical manufacturers and importers did not obtain or develop a material safety data sheet for each hazardous chemical they produced or imported:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S)) (INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE) (SPECIFIC OPERATIONS AND CONDITIONS OF USE)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1926.59(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT FOR WHICH THE EMPLOYER HAD NOT OBTAINED AN MSDS) (INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE, SPECIFIC OPERATIONS AND CONDITIONS OF USE)

2 29 CFR 1926.59(g)(2): Material safety data sheet(s) were not written in English:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) FOR WHICH MSDS WAS NOT IN ENGLISH)

3 29 CFR 1926.59(g)(2) *: Each material safety data sheet (MSDS) for hazardous chemicals did not include **:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT, SPECIFIC OPERATIONS AND DESCRIPTION OF EMPLOYEE EXPOSURE, AND CONDITION OF USE)

* Insert appropriate subparagraph (g)(2)(i)(A) through (g)(2)(xii) for each OPTION:

** Insert the appropriate statement for each OPTION:

OPTION 1 (i) the identity used on the label:

OPTION 2 (i)(A) its chemical and common name(s) when the hazardous chemical is a single substance:

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 3 (i)(B) the chemical and common names of the ingredients which contributes to the known hazards, and the common name(s) of the mixture itself when the chemical mixture has been tested as a whole to determine its hazards:

OPTION 4 (i)(C)(1) chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition when the chemical mixture has not been tested as a whole:

OPTION 5 (i)(C)(1) a list of the chemical and common name(s) of all ingredients identified as carcinogens which comprised 0.1% or greater of the composition when the chemical mixture has not been tested as a whole:

OPTION 6 (i)(C)(2) the chemical and common names of all ingredients which have been determined to present a health hazard when present in the mixture which had not been tested as a whole, which comprise less than 1% of the mixture (0.1% for carcinogens) where there is evidence that the ingredients were released in concentrations which exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value or present a health hazard to employees:

OPTION 7 (i)(C)(3) the chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture which had not been tested as a whole:

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 8 (ii) physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point):

OPTION 9 (iii) the physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity:

OPTION 10 (iv) the health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical:

OPTION 11 (v) the primary route(s) of entry:

OPTION 12 (vi) the OSHA permissible exposure limit, ACGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available:

OPTION 13 (vii) whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA:

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 14 (viii) any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for cleanup of spills and leaks:

OPTION 15 (ix) any generally applicable control measures which are known to the chemical manufacturer, importer, or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment:

OPTION 16 (x) emergency and first aid procedures:

OPTION 17 (xi) the date of preparation of the material safety data sheet or the last change to it:

OPTION 18 (xii) the name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary:

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(g)(3): When no relevant information was found for any given category, the chemical manufacturer, importer, or employer who prepared the material safety data sheet did not mark it to indicate that no applicable information was found:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) FOR WHICH THE PRODUCT'S DATA SHEET FAILED TO INDICATE NO APPLICABLE INFORMATION WAS FOUND)

2 29 CFR 1926.59(g)(5): Significant new information regarding the hazards of a chemical or ways to protect against the hazards was not added to the material safety data sheet within three months after the employer became aware of such information, or before the chemical was introduced into the workplace again:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S), DATA SHEET AND MISSING INFORMATION)

3 29 CFR 1926.59(g)(6): Chemical manufacturers or importers did not ensure that distributors and employers were provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet was updated:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) FOR WHICH NO DATA SHEET WAS PROVIDED TO DOWNSTREAM DISTRIBUTOR OR EMPLOYER AFTER INITIAL SHIPMENT OR MSDS UPDATE)

OPTION 1 4 29 CFR 1926.59(g)(7): Distributors did not ensure that material safety data sheets and updated information were provided to other distributors and employers:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) FOR WHICH NO DATA SHEET WAS PROVIDED TO DOWNSTREAM DISTRIBUTOR OR EMPLOYER)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1926.59(g)(7): Retail distributors who sold hazardous materials to commercial customers did not provide material safety data sheets to such employers upon request:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT'S DATA SHEET AND UTILIZING EMPLOYER)

OPTION 3 2 29 CFR 1926.59(g)(7): Retail distributors who sold hazardous chemicals to commercial customers did not post a sign or otherwise inform the employer that material safety data sheets were available:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT'S DATA SHEET AND UTILIZING EMPLOYER)

OPTION 1 3 29 CFR 1926.59(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND CONDITIONS OF USE, INCLUDING CHEMICAL/PRODUCT(S) FOR WHICH A DATA SHEET WAS NOT MAINTAINED)(DATE AND SHIFT)

OPTION 2 4 29 CFR 1926.59(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS)(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND CONDITIONS OF USE, INCLUDING CHEMICAL/PRODUCTS AND HOW MSDS WERE NOT READILY ACCESSIBLE)(DATE AND SHIFT)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(g)(9): The employer did not maintain the material safety data sheets in each workplace or at a central location at the primary workplace facility in case of an emergency, where employees must travel between workplaces during a workshift:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND CONDITIONS OF USE, INCLUDING CHEMICAL/ PRODUCT(S) AND DESCRIPTION OF EMPLOYEE EXPOSURE)(LOCATION WHERE MATERIAL SAFETY DATA SHEET WAS NOT MAINTAINED AT THE WORKPLACE)

2 29 CFR 1926.59(g)(11): Material safety data sheets were not made available upon request to the designated representatives:

(a) (LOCATION)(IDENTIFY SPECIFIC CHEMICAL/PRODUCT(S) FOR WHICH DATA SHEETS ACCESS WAS DENIED)(PERSON DENIED)

3 29 CFR 1926.59(h): Employees were not provided information and training as specified in 29 CFR 1926.59(h)(1) and (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:

(a) (LOCATION)(INCLUDE DESCRIPTION EMPLOYEE EXPOSURE, CONDITIONS OF USE FOR CHEMICAL/PRODUCT(S) AND DESCRIPTION OF INFORMATION OR TRAINING NOT PROVIDED)

4 29 CFR 1926.59(h)(1)(i): The employer did not provide information to the employees on the requirements of the Hazard Communication standard:

(a) (LOCATION)(IDENTIFY CHEMICAL/PRODUCT(S)) (INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND DESCRIPTION OF INFORMATION NOT PROVIDED)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(h)(1)(ii): The employer did not provide information to the employees on operations in their work area where hazardous chemicals were present:

(a) (LOCATION)(INCLUDE DESCRIPTION SPECIFIC OPERATIONS, CONDITIONS OF EMPLOYEE USE, CHEMICAL/ PRODUCT(S) AND DESCRIPTION OF INFORMATION NOT PROVIDED)

2 29 CFR 1926.59(h)(1)(iii): The employer did not provide information to the employees as to the location and availability of the written hazard communication program, and material safety data sheets required by this section:

(a) (LOCATION)(IDENTIFY CONDITIONS OF USE OF CHEMICAL/PRODUCT(S))(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND WHAT INFORMATION WAS NOT PROVIDED)

3 29 CFR 1926.59(h)(2)(i): The employee training did not include the methods and observations used to detect the presence or release of a hazardous chemical in the work area:

(a) (LOCATION)(IDENTIFY METHODS AND OBSERVATIONS FOR WHICH TRAINING WAS NOT PROVIDED AND CHEMICAL/PRODUCT(S))(INCLUDE DESCRIPTION OF EMPLOYEE EXPOSURE AND CONDITIONS OF USE)

4 29 CFR 1926.59(h)(2)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:

(a) (LOCATION)(IDENTIFY SPECIFIC TRAINING DEFICIENCIES AND CHEMICAL/PRODUCT(S)) (INCLUDE DESCRIPTION OF EMPLOYEE USE AND EXPOSURE CONDITIONS)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.59(h)(2)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals:

(a) (LOCATION)(IDENTIFY SPECIFIC TRAINING DEFICIENCIES AND CHEMICAL/PRODUCT(S)) (INCLUDE DESCRIPTION OF EMPLOYEE'S USE AND EXPOSURE CONDITIONS)

2 29 CFR 1926.59(h)(2)(iv): Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use appropriate hazard information:

(a) (LOCATION)(IDENTIFY SPECIFIC TRAINING DEFICIENCIES, AND CHEMICAL/PRODUCT(S)) (DESCRIPTION OF EMPLOYEE'S USE AND EXPOSURE CONDITIONS)

3 29 CFR 1926.59(i)(12): Information which this section requires the chemical manufacturer, importer, or employer to make available was not disclosed upon request, to the Assistant Secretary:

(a) (LOCATION)(IDENTIFY CHEMICAL/PRODUCT(S)) (SPECIFY WHAT INFORMATION WAS NOT PROVIDED AND DATE INFORMATION NOT DISCLOSED)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)(DESCRIBE HARZARD WHERE NECESSARY)

2 29 CFR 1926.100(b): Helmets for the protection of employees against impact and penetration of falling and flying objects did not meet the specifications contained in American National Standards Institute Z89.1-1969, Safety Requirements for Industrial Head Protection:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITION)(DESCRIBE HAZARD WHERE NECESSARY)

OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1926.100(b): Helmets for the protection of employees against impact and penetration of falling and flying objects did not meet the specifications contained in American National Standards Institute Z89.1-1969, Safety Requirements for Industrial Head Protection:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITION)(DESCRIBE HAZARD WHERE NECESSARY)

2 29 CFR 1926.100(c): Helmets for the head protection of employees exposed to high voltage electrical shocks and burns did not meet the specifications contained in American National Standard Institute, Z89.2-1971, Safety Requirements for Industrial Helmets for Electrical Workers Class B:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITION)(DESCRIBE HAZARD WHERE NECESSARY)

3 29 CFR 1926.101(a): Ear protection devices were not provided or were not used when it was not feasible to reduce noise levels or duration of exposures to those specified in Table D-2, Permissible Exposure, in 29 CFR 1926.52:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITION)(DESCRIBE HAZARD WHERE NECESSARY)

4 29 CFR 1926.101(b): Ear protection devices inserted in the ear were not fitted or determined individually by competent persons:

(a) (LOCATION)(IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITION)(DESCRIBE HAZARD WHERE NECESSARY)