Dallas Independent School District HAZARD COMMUNICATION PROGRAM YOUR RIGHT TO KNOW Prepared By: Risk Management Services Revised June 2016 3700 Ross Ave. Dallas, TX 75204 - (972) 925-3700 4
Table of Content I. General Information... 4 II. Exemptions... 5 III. Definitions... 6 IV. Workplace Chemical List... 8 V. Safety Data Sheets (SDSs)... 9 VI. Chemical Container Labels... 10 VII. Training Program... 11 VIII. Reporting Employee Deaths and Injuries... 12 IX. Notice to Employees... 13 X. Personal Protective Equipment (PPE)... 14 XI. Maintaining Employee Rights... 15 XII. Global Harmonizing System Implementation (GHS)... 16 XIII. Appendix... 17 A. Lab Pack Inventory... 18 B. Employee Laboratory Procedures... 19 C. Responding to an Emergency... 20 D. OSHA Quick Card Standard Pictogram... 21 E. OSHA Quick Card Safety Data Sheets (SDSs)... 22 F. OSHA Quick Card Safety Data Sheets (Spanish version)... 23 G. Sample Label... 24 H. NFPA Rating Explanation Guide... 25 I. Worker Right to Know Notice... 26 J. Worker Right to Know Notice (Spanish Version)... 27 K. Contact Information... 28 L. References... 29
I. GENERAL INFORMATION A. The Texas Hazard Communication Act (THCA), codified as Chapter 502 of the Texas Health and Safety Code (HSC), requires all public employers in Texas to provide their employees with information regarding hazardous chemicals to which employees may be exposed in their workplace. In order to comply with Section 502.009(b) of the THCA and Section 295.7(a) of the THCA Rules (Title 25 of the Texas Administrative Code (TAC), Section 295.1-295.12), the following written Hazard Communication Program has been established for Dallas Independent School District (Dallas ISD). B. The master copy of the written hazard communication program will be maintained in Risk Management Service. Copies of the written program for each workplace where hazardous chemicals are used or stored must be maintained at each location. This program may be viewed or downloaded from Dallas ISD website: http://inet.dallasisd.org/hardbooksguidelines/docs/hazard_comm_prog.pdf C. To facilitate administration of and compliance with the Dallas ISD Hazard Communication Program, the following levels of responsibility have been established: 1. Risk Management Services will have overall responsibility for administering and maintaining this program and ensuring that it meets all requirements of the Texas Hazard Communication Act (THCA) and the Hazardous Chemical Right-to-Know (TAC Title 25, Part 1, Rule 295.182). 2. Environmental Health & Safety (EHS) will have responsibility for maintaining and updating the Safety Data Sheets (SDSs) digital library located on the Dallas ISD website. EHS will review incoming SDSs for new or significant health and safety information, and will ensure it is passed on to affected employees. EHS will coordinate proper chemical disposal. 3. Department Heads (whose staff order, store and/or use hazardous materials) will: a. Provide a copy of his/her department s inventory to EHS by June 15 th of each year, b. Ensure employees who routinely use or handle hazardous chemicals in their workplace receive proper training (in accordance with HSC 502.009). 4. Managers / Supervisors will: a. Ensure that all employees receive resources necessary for their safety under the (THCA) and this program, b. Ensure employees follow product safety and health instructions, c. Maintain a current list/inventory of all hazardous materials/chemicals used, d. Post (in a conspicuous location) the Texas DSHS Notice to Employees which informs employees of their rights under the THCA. 5. Employees using or exposed to hazardous material/chemicals will: a. Perform their duties according to the instructions they have received, b. Read Hazardous chemical labels and follow product use instructions, c. Be familiar with information on SDS (MSDS), d. Maintain container labels in a legible condition, e. Contact his/her supervisor or Risk Management Services for questions. 4
II. EXEMPTIONS (HSC 502.004 (f)) Per Section 502.004(f), the following chemicals/materials are exempt from the requirements of the THCA and are outside the scope of this written program: A. Hazardous waste that is subject to regulation by the Texas Commission on Environmental Quality (TCEQ) and/or the U.S. Environmental Protection Agency. B. A chemical in a laboratory under the direct supervision or guidance of a technically qualified individual if: 1. Labels on incoming containers of chemicals are not removed or defaced, 2. Dallas ISD complies with section 502.006 and 502.009 of the THCA with respect to laboratory employees; and 3. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes. See Employee Laboratory Procedures in the appendix. C. Tobacco or tobacco product. D. Wood or wood products. E. Articles formed to a specific shape or design during manufacture and that does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use. F. Food, pharmaceuticals (drugs), cosmetics or alcoholic beverages. G. Consumer products or hazardous substances used in the workplace in the same manner as normal consumer use and if the use results in a duration and frequency of exposure that is not greater than exposures experienced by a consumer. H. Radioactive waste. 5
III. DEFINITIONS A. Appropriate Hazard Warning Any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the health and physical hazards, including the target organ effects, of the chemical(s) in the container(s). B. Categories of Hazardous Chemicals A grouping of hazardous chemicals with similar properties. C. Container Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical or contains multiple smaller containers of an identical hazardous chemical. The term container does not mean pipes or piping systems, engines, fuel tanks, or other operating systems in a vehicle. A primary container is one in which the hazardous chemical is received from the supplier. A secondary container is one in which the hazardous chemical is transferred after receipt from the supplier. D. Corrosive Hazard Corrosives are materials that can attack and chemically destroy exposed tissues. They can damage or even destroy metal (ex. hydrochloric acid, sulfuric acid, chromic acid, potassium hydroxide, and sodium hydroxide-caustic soda). E. Employee A person who may be or may have been exposed to hazardous chemicals in the person s workplace under normal operating conditions or foreseeable emergencies. Workers such as office workers or accountants who encounter hazardous chemicals only in non-routine, isolated instances are not employees for purposes of this Act. F. Expose Subjecting an employee to a hazardous chemical in the course of employment through any route of entry, including inhalation, ingestion, skin contact, or absorption. The term includes potential, possible, or accidental exposure under normal conditions of use or in a reasonable foreseeable emergency. G. Flammable Hazard A flammable substance is easily ignited, burns intensely or has a rapid rate of flame speed (ex. acetone, methanol, toluene, xylene). H. Hazardous Chemical or Chemical An element, compound, or mixture of elements or compounds that is a physical hazard or a health hazard. I. Health Hazard A chemical for which acute or chronic health effects may occur in exposed employees and which is a toxic agent, irritant, corrosive, or sensitizer. J. Label Any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals, and which includes the same name as on the material safety data sheet. K. Physical Hazard A chemical which is a combustible liquid, compressed gas, explosive, flammable, organic peroxide, oxidizer, pyrophoric, unstable (reactive), or water-reactive. 6
L. Personal Protective Equipment Protective equipment provided to an employee by the employer which provides a level of protection to chemicals to which the employee may be exposed that will be adequate to ensure their health and safety based on industry standards. M. Routes of Entry: - In order for a chemical to harm a person s health, it must first come into contact or enter the body, and it must have a biological effect on the body. There are four major routes by which a chemical may enter the body: 1. Inhalation - breathing 2. Ingestion - swallowing 3. Absorption - skin contact 4. Injection - puncture N. Safety Data Sheet ( SDS ) The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), aligned with the GHS in 2012, require that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) to communicate the hazards or hazardous chemicals products. SDSs are required to be presented in a uniform, user-friendly, 16 section format. O. Stationary Process Container A tank, vat, or other such container which holds different hazardous chemicals at different times. P. Technically Qualified Individual An individual with a professional education and background working in the research or medical fields, such as a physician or registered nurse, or an individual holding a minimum of a bachelor s degree in a physical or natural science. Q. Work Area A room, defined space, utility structure, or emergency response site in a workplace where hazardous chemicals are present, produced, or used, and where employees are present. R. Workplace A contiguous facility that is staffed 20 hours or more per week, unless such a facility is subdivided by the employer. Normally this subdivision would be a building, cluster of buildings or other structures, or a complex of buildings, but could be for a portion of a building if the employer chooses. Noncontiguous properties are always separate workplaces unless they are temporary workplaces, in which case they can be either work areas of a headquarters workplace or separate workplaces, which is at the discretion of the employer. 7
IV. WORKPLACE CHEMICAL LIST (HSC 502.005 AND 25 TAC 295.4) A. The Dallas ISD Environmental, Health and Safety Department (EHS) will develop and maintain a list of hazardous chemicals normally present in the workplace in excess of 55 gallons or 500 pounds for Tier Two Reporting. EHS will conduct tier two reporting. EHS will also maintain a list of hazardous chemicals normally present in the workplace of any quantity in all facilities for safety and emergency purposes. This Workplace Chemical List will be developed for each workplace where such quantities of hazardous chemicals are used or stored and will be available for review by employees and their designated representatives. See Lab Pack Inventory in the appendix to comply with this requirement. B. The safety coordinator/teacher or manager/supervisor will be responsible for reviewing and updating the Workplace Chemical List(s) for the schools and facilities within the Dallas ISD as necessary. All Tier Two Reporting Workplace Chemical Lists should be reviewed annually. C. The Workplace Chemical List will be maintained for 30 years. D. Further information on chemicals listed on the Workplace Chemical List can be obtained by referring to the Safety Data Sheet (SDS) located in each workplace where these chemicals are used or stored. 8
V. SAFETY DATA SHEETs (SDSs) (HSC 502.006 AND TAC 295.5) A. The Dallas ISD Environmental, Health and Safety Department will maintain a current and appropriate Safety Data Sheet (SDS) for each hazardous chemical purchased. SDSs were formerly called MSDSs. B. The Safety Coordinator/teacher or manager/supervisor will be responsible for the SDS system for their school or facility and will ensure that: 1. Incoming SDSs are reviewed for new and significant health/safety information and that any new information is passed on to the affected employees. 2. Hazardous chemicals received without an SDS are withheld from use until a current SDS is obtained. 3. Missing SDS is requested from an appropriate source (e.g., chemical manufacturer, distributor, or electronic database) within 30 days from receipt of the hazardous chemical. 4. The SDSs will be maintained for one year after the update of the Workplace Chemical List. This means that each time the Workplace Chemical List is updated (chemicals that are removed or updated) the SDSs for those chemicals must be removed from the SDS active file and placed in the inactive file for one year. If the inactive SDS file is sent to the Records Building for storage the storage box should indicate an SDS expiration date of one year. 5. Affected employees are provided a description of any alternative system (such as electronic databases) being used in lieu of hard copy SDS. 6. Emergency responders are provided SDSs as soon as practical upon request. C. SDSs will be readily available for review by employees or their designate representatives upon request. D. Copies of SDSs will be kept in main office of each school or facility for safety and emergency purposes. It may also be downloaded from the EHS website: http://www.dallasisd.org/page/41005 E. See OSHA Quick Card Standard Pictogram and Safety Data Sheets" in the appendix. F. Storage: All storage areas for hazardous substances will be secured, properly ventilated, and identified by signs. Organization and good housekeeping practices must be followed. 9
VI. CHEMICAL CONTAINER LABELS (HSC 502.007 AND TAC 295.6) A. All containers of hazardous chemicals used or stored by Dallas ISD will be appropriately labeled. Worn and torn labels must be replaced. B. The Safety Coordinators, Science Laboratory Instructors, or supervisor will be responsible for the hazardous chemical labeling system and will verify that: 1. All primary containers of hazardous chemicals are clearly labeled to include: a. Product Identifier b. Signal work c. Hazard statement d. Pictogram(s) e. Precautionary statement(s) f. Name, address, and phone number of the manufacturer, importer, or other responsible party. 2. All secondary containers of hazardous chemicals are clearly labeled to include: a. The identity of the chemical as it appears on the SDS b. The appropriate hazard warnings 3. A description of alternative labeling systems, if used, is provided to employees. Examples of alternative labeling systems are the National Fire Protection Association (NFPA) 704m Standard and the Hazardous Materials Information Systems (HMIS) Standard. See NFPA Rating Explanation Guide in the appendix. C. The Dallas ISD will rely on the chemical manufacturers or distributors to provide labels which meet the above requirements for primary containers of all hazardous chemicals purchased, and will re-label containers only when the label is illegible or otherwise does not meet the above requirements. The Dallas ISD will rely on a third-party vendor for re-labeling purposes. D. The Dallas ISD is not required to label portable containers into which hazardous substances are transferred from labeled containers and which are intended ONLY for immediate use by the employee who performs the transfer of the hazardous substance. E. See Sample Label in the appendix. 10
VII. TRAINING PROGRAM (HSC 502.009 AND 25 TAC 295.7) A. Dallas ISD Risk Management Services will oversee the education and training program for all employees who routinely use or handle hazardous chemicals in their workplace. Training will be provided before the employee works with, or in a work area containing hazardous chemicals. B. The manager/supervisor, safety coordinator or designee will be responsible for the employee training program at their sites and will ensure that: 1. Appropriate training is provided to all covered employees and includes: a. The use of information provided on SDSs and chemical container labels b. The location of hazardous chemicals present in the employees work areas c. The physical and health effects of exposure d. Proper use of personal protective equipment e. Safe handling of hazardous chemicals f. First aid treatment for exposure to hazardous chemicals g. Safety instruction on clean-up and disposal of hazardous chemicals h. The revised 2012 Hazard Communication Program & Globally Harmonized System of Classification and Labeling of Chemicals (GHS) 2. Required training records are maintained for five years by Risk Management Services and include: a. The date of the training session b. A legible list of all employees attending the training session c. The subjects covered d. The name of the instructors 3. All covered employees are identified and incorporated into the training program. 4. Employees are provided information concerning the hazardous chemicals to which they may be exposed during the performance of non-routine tasks. 5. New employees are trained prior to being required to use or handle a hazardous chemical. C. Employees subject to these training requirements will sign an attendance roster for each training session attended, verifying that they received and understood the information. 11
VIII. REPORTING EMPLOYEE DEATHS AND INJURIES (HSC 502.012 AND 25 TAC 295.9) A. The Dallas ISD Risk Management Services will notify the Texas Department of State Health Services, Division for Regulatory Services, Policy, Standards & Quality Assurance Unit, Environmental Hazardous Group, of any employee accident that involves a hazardous chemical exposure or asphyxiation, and that is fatal to one or more employees, or results in the hospitalization of five or more employees. B. Risk Management Services will be responsible for reporting all such accidents to the Texas Department of State Health Services, Division for Regulatory Services, Policy, Standards & Quality Assurance Unit, Environmental Hazardous Group, within 48 hours after their occurrence. Notifications will be made either orally or in writing to: Texas Department of State Health Services Division for Regulatory Services Policy, Standards, & Quality Assurance Unit Environmental Hazards Group PO Box 149347, MC 1987 Austin, TX 78714-9347 Phone: (512) 834-6787, ext. 2301or 1-800-452-2791 Fax: (512) 834-6726 C. Employees will be responsible for reporting all accidents involving a hazardous chemical to their manager/supervisor. D. Manager / supervisor or safety coordinator will be responsible for reporting all accidents involving a hazardous chemical to Risk Management Services at (956) 972-4050 as soon as practicable after an incident. E. In the event of a CHEMICAL SPILL, the following steps are to be taken: 1. If emergency assistance is required, call 911 immediately 2. Evacuate and prevent access to the area 3. Do not request custodial staff to clean up the spill 4. Notify the site administrator of the spill to contact Environmental Health and Safety Department at (972) 925-4500, Ext. 3, and provide the following information: a. Location of the spill b. Name of chemical or product spilled c. Amount and size of the spill 5. A Workers Compensation Claim form must be completed using the incident report form on the Risk Management portal. F. EHS Department will coordinate spill clean-up accordingly. 12
IX. NOTICE TO EMPLOYEES Worker Right to Know Notice (HSC 502.0017 AND 25 TAC 295.12) A. Dallas ISD Risk Management Services will ensure that the most current version of the TDH Notice to Employees be conspicuously posted in all workplaces where hazardous chemicals are used or stored. See Notice to Employees in the Appendix. B. The Notice to Employees shall be clearly posted and unobstructed at all locations in the workplace where notices are normally posted, and with at least one location in each workplace. C. In workplaces where employees have difficulty reading or understanding English a copy of the Notice, printed in Spanish, will be posted together with the English version of the Notice. D. The Worker Right to Know Notice (English and Spanish versions) may be found in the appendix or downloaded from the Risk Management website under Safety & Loss Control/Workplace Notification Posters/Texas Department of State Health Services: http://www.dallasisd.org/page/26329 13
X. PERSONAL PROTECTIVE EQUIPMENT (PPE) (HSC 502.017 AND 25 TAC 295.12) A. Each Department Head will ensure appropriate personal protective equipment (PPE) is provided to all employees who use or handle hazardous chemicals at their sites. The Dallas ISD Environmental, Health and Safety Department will be responsible for the respiratory program in compliance to OSHA29CFR, 1910.134 Respiratory Protection. B. Risk Management Services will ensure the PPE program is in place and will ensure that appropriate training is provided, to include: 1. Proper selection of PPE based on: a. Routes of exposure (inhalation, skin absorption, ingestion) b. Permeability of PPE material c. Duties being performed by the employee d. Hazardous chemicals present 2. Proper fit and functionality of PPE as described by the manufacturer s specifications. 3. Appropriate maintenance and storage of PPE. 4. Managers/Supervisors will ensure employees have proper PPE and that they are using it according to task performed. 14
XI. MANTAINING EMPLOYEE RIGHTS (HSC 502.017 AND TAC 295.12) A. Dallas ISD shall not discipline, harass, or discriminate against any employee for filing complaints, assisting inspectors of the Texas Department of State Health Services, participating in proceedings related to the Texas Hazard Communication Act, or exercising any rights under the Act. B. Employees cannot waive their rights under the Texas Hazard Communication Act. A request or requirement for such a waiver by an employer is a violation of the Act. 15
XII. GLOBAL HARMONIZING SYSTEM IMPLEMENTATION (GHS) A. The Texas Department of State Health Services (DSHS) issued a May 2014 Workers Right-toknow Program Publication # E23-14117 The Impact of the GHS on the THCA. This publication requires public employers (including Dallas ISD) to: receive Safety Data Sheets (SDSs) and appropriately labeled containers that conform to the most current standard of the OSHA (Occupational Safety and Health Administration) Hazard Communication Standard (HCS - 29 CFR 1910.1200); and train employees in these new SDS and labels. The effective date for receiving globally harmonized system (GHS) SDS and container labels was June 1, 2015. B. The main objectives for the globally harmonized system (GHS): 1. Provide an international approach to hazard communication 2. Provide a standardized approach to labeling and safety data sheets (formerly MSDSs) C. The major changes to the Hazard Communication Standard as a result of the implementation of the GHS are: 1. Hazard Classification: The definitions of hazard have been changed to provide specific criteria for classification of health and physical hazard, as well as classification of mixtures. These specific criteria will help to ensure that evaluations of hazardous effects are consistent across manufacturers, and labels and safety data sheets are more accurate as a result. 2. Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal work, pictogram and hazard statement for each hazard class and category. Precautionary statement must also be provided. 3. Safety Data Sheets: will have a specified 16 section format. 24
XIII. APPENDIX A. Lab Pack Inventory B. Employee Laboratory Procedures C. Responding to an Emergency D. OSHA Quick Card Standard Pictogram E. OSHA Quick Card Safety Data Sheets (SDSs) F. OSHA Quick Card Safety Data Sheets (Spanish version) G. Sample Label H. NFPA Rating Explanation Guide I. Worker Right to Know Notice J. Worker Right to Know Notice (Spanish version) K. Contact Information L. References 17
A. Lab Pack Inventory 18
B. Employee Laboratory Procedures Emergency Response System The Dallas ISD science laboratories and vocational shops shall established an emergency response system in accordance with the Texas Safety Standards, Kindergarten through grade 12 Science; 4th Edition, 2010 published by the Charles A. Dana Center at The University of Texas at Austin. The emergency response system be established, reviewed, and training provided to appropriate staff and students at the beginning of the school year before laboratory investigations and activities begin. This system shall include clearly defined roles and responsibilities for an Emergency Response Team (ERT). The ERT will be prepared to move quickly and effectively when responding to accidents in order to reduce injury to students or staff, and damage to property in a science classroom. Emergency Response Team The ERT shall be composed of school personnel, teachers, and students. They shall be trained to respond to an emergency in a science laboratory or classroom. If an accident should occur, each member of the team must be able to respond quickly and perform his or her role effectively to assist an injured person and reduce damage to property. In addition, team members should take preventive measures to ensure safety in the laboratory by regularly checking equipment and facilities. Emergency Preparedness (see Responding to an Emergency Diagram) The following list outlines some responsibilities that an ERT might perform. This does not represent a complete list but should form the basis of emergency preparedness. Practice regular fire and evacuation drills. Check to make sure that safety equipment is accessible and operating correctly. Inspect first-aid and chemical spill kits. Monitor safety equipment regularly. Compile and maintain current file of Safety Data Sheets (SDS). Practice responding to simulated accidents and emergencies. Identify which chemical spills to respond to and which ones a HazMat team should handle. Attend professional development on first aid, including CPR and abdominal thrust procedures (Heimlich maneuver). Document information about accidents, and maintain these records for a minimum of two years. 19
C. Responding to an Emergency Diagram 20
D. OSHA Quick Card Standard Pictogram 21
E. OSHA Quick Card Safety Data Sheets (SDSs) 22
F. OSHA Quick Card Safety Data Sheets (Spanish version) 23
G. Sample Label 24
H. NFPA Rating Explanation Guide 25
I. Worker Right to Know Notice 26
J. Worker Right to Know Notice (Spanish version) 27
K. Contact Information Risk Management Services 2419 Cockrell Ave. Dallas, Texas 75215 Phone: 972-925-4050 Environmental, Health and Safety Department 3701 South Lamar St. Dallas, Texas 75215 Phone: (972) 925-4500 Custodial Services 3701 South Lamar St. Dallas, Texas 75215 Phone: (972) 925-4965 28
K. References http://www.statutes.legis.state.tx.us/docs/hs/htm/hs.502.htm https://www.dshs.texas.gov/hazcom/publications.aspx https://www.osha.gov/dsg/hazcom/index.html 29