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Occupational Safety & Health Administration |
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Directives
CPL 02-00-035 - CPL 2.35 CH-21 - Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual |
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Record Type: | Instruction |
Directive Number: | CPL 02-00-035 |
Old Directive Number: | CPL 2.35 CH-21 |
Title: | Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual |
Information Date: | 10/21/1992 |
Standard Number: | 1910.1200 |
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance Subject: Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVES) Manual A. PURPOSE. This instruction transmits revised and new pages to the Regulatory and General Industry 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:
D. BACKGROUND. Revisions to 29 CFR 1910.1200, Hazard Communication, and Final Rules and Regulations for 29 CFR 1910.1200, Hazard Communication, were published in the FEDERAL REGISTER, Vol.52, No. 163, on August 24, 1987. OSHA Instruction CPL 2.35 CH-21 October 21, 1992 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, Acting 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
1 29 CFR 1910.1048(o)(5)(i): The employer did not retain exposure to formaldehyde records and determinations for at least 30 years:
2 29 CFR 1910.1048(o)(5)(ii): The employer did not retain medical records of employees exposed to formaldehyde for the duration of employment, plus 30 years:
3 29 CFR 1910.1048(o)(5)(iii): The employer did not retain respirator fit testing records of employees exposed to formaldehyde until replaced by a more recent record:
4 29 CFR 1910.1048(o)(6)(ii): The employer did not make employee exposure to formaldehyde records, including estimates made from representative monitoring available upon request for examination and copying to the subject employee, or former employee, and employee representatives in accordance with 29 CFR 1910.20(a)-(e) and (g)-(i):
5 29 CFR 1910.1048(o)(6)(iii): Employee medical records for exposure to formaldehyde required by this standard were not provided upon request for examination and copying, to the subject employee or former employee or to anyone having the specific written consent of the subject employee or former employee:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(b)(3)(i): The employer of employees working in laboratories did not ensure that labels on incoming containers of hazardous chemicals were not removed or defaced:
OPTION 1 2 29 CFR 1910.1200(b)(3)(ii): The employer of employees working in laboratories did not maintain material safety data sheets that were received with incoming shipments of hazardous chemicals:
OPTION 2 3 29 CFR 1910.1200(b)(3)(ii): The employer of employees working in laboratories did not ensure that material safety data sheets were readily accessible to the employees:
4 29 CFR 1910.1200(b)(3)(iii): The employer did not ensure that laboratory employees were apprised of the hazards of the chemicals in their workplaces in accordance with 29 CFR 1910.1200(h):
1 29 CFR 1910.1200(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:
OPTION 1 2 29 CFR 1910.1200(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:
OPTION 2 3 29 CFR 1910.1200(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:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance OPTION 3 1 29 CFR 1910.1200(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:
2 29 CFR 1910.1200(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 1910.1200(h), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container:
3 29 CFR 1910.1200(d)(1): Chemical manufacturers and importers did not evaluate chemicals produced in their workplace or those imported to determine if they were hazardous:
1 29 CFR 1910.1200(d)(2): Chemical manufacturers, importers, or employers evaluating chemicals did not identify and consider the available scientific evidence to determine if they were hazardous:
OPTION 1 2 29 CFR 1910.1200(d)(6): Chemical manufacturers, importers, or employers did not describe in writing the procedures used to determine the hazards of the chemical they evaluated:
OPTION 2 3 29 CFR 1910.1200(d)(6): Upon request, written procedures used to determine the hazards of a chemical were not made available to employees or their designated representatives:
4 29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(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:
2 29 CFR 1910.1200(e)(1)(ii): The written hazard communication program did not include the methods the employer will 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:
3 29 CFR 1910.1200(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 1910.1200(e)(2)(i) through (iii):
1 29 CFR 1910.1200(e)(2)(i): The employer's hazard communication program did not include methods the employer will 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:
2 29 CFR 1910.1200(e)(2)(ii): The employer's hazard communication program did not include methods the employer will 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:
3 29 CFR 1910.1200(e)(2)(iii): The employer's hazard communication program did not include methods the employer will use to inform the other employer(s) of the workplace labeling system:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(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):
2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
4 29 CFR 1910.1200(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:
1 29 CFR 1910.1200(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:
2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance OPTION 1 1 29 CFR 1910.1200(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 is applicable and/or failed to convey the information required by 1910.1200(f)(5) to be on a label:
OPTION 2 2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
1 29 CFR 1910.1200(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:
OPTION 1 2 29 CFR 1910.1200(g)(1): Chemical manufacturers and importers did not obtain or develop a material safety data sheet for each hazardous chemical they produced or imported:
OPTION 2 3 29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used:
4 29 CFR 1910.1200(g)(2): Material safety data sheet(s) were not written in English:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(g)(2)__*__: Each material safety data sheet (MSDS) for hazardous chemicals did not contain at least the following information__**__:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance
1 29 CFR 1910.1200(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:
2 29 CFR 1910.1200(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:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(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:
OPTION 1 2 29 CFR 1910.1200(g)(7): Distributors did not ensure that material safety data sheets and updated information were provided to other distributors and employers:
OPTION 2 3 29 CFR 1910.1200(g)(7): Retail distributors who sold hazardous materials to commercial customers did not provide material safety data sheets to such employers upon request:
OPTION 3 4 29 CFR 1910.1200(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:
OPTION 1 1 29 CFR 1910.1200(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace:
OPTION 2 2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
OSHA Instruction CPL 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(g)(11): Material safety data sheets were not made available upon request to the designated representatives:
2 29 CFR 1910.1200(h): Employees were not provided information and training as specified in 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(h)(1)(i): The employer did not provide information to the employees on the requirements of the Hazard Communication Standard:
1 29 CFR 1910.1200(h)(1)(ii): The employer did not provide information to the employees on operations in their work area where hazardous chemicals were present:
2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
4 29 CFR 1910.1200(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 2.35 CH-21 October 21, 1992 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(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:
2 29 CFR 1910.1200(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:
3 29 CFR 1910.1200(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:
OSHA Instruction CPL 2.35 CH-19 November 18, 1991 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(c): The employer did not ensure that laboratory employees' exposures to OSHA regulated substances did not exceed the permissible exposure limits specified in 29 CFR Part 1910, Subpart Z:
NOTE 1: This SAVE must be grouped with the appropriate overexposure and/or engineering SAVE in Subpart Z along with the required abatement steps. NOTE 2: Where appropriate respirators were not provided or were used improperly, the appropriate SAVEs from 29 CFR 1910.1450(i) and 29 CFR 1910.134 must also be grouped to help support this SAVE. 2 29 CFR 1910.1450(d)(1): The employer did not measure the laboratory employee's exposure to a substance regulated by a standard which required monitoring when there was reason to believe that exposure levels for that substance routinely exceeded the action level (or in the absence of an action level, the PEL):
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