Hazard communication is one of the most frequently cited standards in California, and it is cited so often because it applies to almost everyone. If your employees use, handle, or are exposed to hazardous chemicals, and that includes cleaning products, solvents, paints, adhesives, fuels, welding consumables, and pesticides, Title 8, Section 5194 requires you to have a written Hazard Communication Program, keep safety data sheets on hand, label containers correctly, and train your workers. Auto shops, construction contractors, janitorial companies, print shops, manufacturers, laboratories, and property management firms all fall under it. Very few of them have a program that would hold up in an inspection.
Who Must Have a Written Program
Section 5194 applies to any employer with employees who may be exposed to hazardous chemicals under normal conditions of use or in a foreseeable emergency. The practical test is simple: if a chemical in your workplace comes with a safety data sheet, you are covered.
There are narrow exemptions. Consumer products used in the workplace in the same manner and frequency as a consumer would use them are exempt, but a janitor using a degreaser eight hours a day is not using it like a consumer. Laboratories have a modified set of requirements. Office workers whose only exposure is the occasional toner cartridge are generally not covered. Everyone else needs a program.
The Written Program: Required Elements
The written program is the backbone of the standard. It must be available at the worksite and describe how your company meets each of the following requirements:
- A list of every hazardous chemical known to be present, using the product identifier that appears on the label and safety data sheet
- How containers are labeled, including secondary containers filled on site
- How safety data sheets are obtained, maintained, and made accessible to employees on every shift
- How and when employees are trained, including at initial assignment and whenever a new hazard is introduced
- How employees are informed of the hazards of non-routine tasks, such as tank cleaning or confined space entry
- How hazards are communicated to other employers whose workers may be exposed on your site, such as contractors, and how you receive that information from them
- How employees are informed of the hazards of chemicals in unlabeled pipes in their work area
The chemical inventory is the item most employers skip and the one inspectors check first. It should be a living document, updated when new products come in and old ones are removed.
Safety Data Sheets
Every hazardous chemical in the workplace must have a current safety data sheet in the 16-section format adopted under the Globally Harmonized System. Manufacturers and distributors are required to provide them, and if one did not come with the shipment, you are required to make a good-faith effort to get it and document that effort.
Safety data sheets must be readily accessible to employees in their work area during every work shift. That phrase has been litigated many times. A binder in the manager’s locked office is not readily accessible on the night shift. An electronic system is acceptable, provided employees know how to use it, the computer is available, and there is a backup for power or network failures. If your field crews work from trucks, the sheets or a reliable electronic copy need to be on the truck.
Labeling Requirements
Shipped containers must arrive with a label that includes the product identifier, a signal word (Danger or Warning), the hazard statements, the pictograms, the precautionary statements, and the supplier’s name, address, and telephone number. You are not allowed to remove or deface those labels.
The bigger issue is secondary containers: the spray bottle a worker fills from a five-gallon drum, the coffee can of solvent on the bench, the unmarked jug in the janitor closet. Every one of those needs to be labeled with at least the product identifier and words, pictures, or symbols that convey the general hazard. Cal/OSHA cites unlabeled secondary containers constantly, because they are everywhere and they are easy to spot.
The one exception is a portable container filled by an employee for that employee’s immediate use during the same shift. If it is left on the shelf for tomorrow, it needs a label.
California employers also need to keep Proposition 65 in mind. It is a separate law with separate warning requirements, and while it is not part of Section 5194, inspectors and plaintiffs’ attorneys both notice when a workplace has neither set of warnings in place.
Training That Actually Meets the Standard
Employees must be trained on hazardous chemicals in their work area at the time of initial assignment and whenever a new physical or health hazard is introduced. The training must cover:
- The requirements of Section 5194 and the employee’s rights under it
- Any operations in their work area where hazardous chemicals are present
- The location and availability of the written program, the chemical list, and the safety data sheets
- Methods used to detect the presence or release of a hazardous chemical, such as monitoring, odor, or visual appearance
- The physical and health hazards of the chemicals in the work area
- Protective measures, including work practices, emergency procedures, and personal protective equipment
- How to read a label and a safety data sheet
Training must be effective, which means it has to be in a language and at a level the employees understand. Handing a Spanish-speaking crew an English video and a sign-in sheet does not satisfy the requirement. Keep records of who was trained, when, on what, and by whom. If you cannot prove it, Cal/OSHA will treat it as if it did not happen.
Hazard communication training pairs naturally with your Injury and Illness Prevention Program training under Section 3203 and, where applicable, personal protective equipment training under Section 3380. A single well-run session can cover all three, as long as the documentation reflects it.
Common Citations Under Section 5194
From the citations I have reviewed for California employers, the recurring problems are:
- No written program at all, or a generic template with another company’s name still in it
- No chemical inventory, or one that does not match what is on the shelves
- Missing safety data sheets for products in daily use
- Unlabeled secondary containers
- No training records, or training that did not cover the specific chemicals in use
- No procedure for informing contractors of on-site hazards
Most of these are classified as general or regulatory violations, but where exposure to a corrosive, flammable, or toxic product could cause serious harm, the classification goes up, and penalties can reach well into five figures per serious violation and higher for willful or repeat violations.
What to Do Now
- Walk every storage area and work area and build a complete chemical inventory from the labels on the containers.
- Pull a safety data sheet for every item on that list and set up an accessible binder or electronic system for each shift and each vehicle.
- Label every secondary container with the product name and hazard.
- Write a Hazard Communication Program that describes what your company actually does, not what a template says a company should do.
- Train every affected employee in a language they understand and document it.
- Add a contractor hazard exchange procedure for anyone who works on your site.
If you need a written Hazard Communication Program built for your operation, or you want an existing program reviewed before Cal/OSHA does it for you, McNeil Safety Consulting drafts and audits compliance programs for employers throughout California. Learn more about our safety plan writing services or call (626) 546-9384 to get started.