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Directives
CPL 02-00-034 - CPL 2.34 CH-9 - Changes to the Construction Standard Alleged Violation Elements (SAVEs) Manual |
Directives - Table of Contents |
Record Type: | Instruction |
Directive Number: | CPL 02-00-034 |
Old Directive Number: | CPL 2.34 CH-9 |
Title: | Changes to the Construction Standard Alleged Violation Elements (SAVEs) Manual |
Information Date: | 03/22/1993 |
Standard Number: | 1926.59 |
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:
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:
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):
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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):
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:
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:
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:
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):
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
2 29 CFR 1926.59(g)(2): Material safety data sheet(s) were not written in English:
3 29 CFR 1926.59(g)(2) *: Each material safety data sheet (MSDS) for hazardous chemicals did not include **:
OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance
OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance
OSHA Instruction CPL 2.34 CH-9 March 22, 1993 Office of General Industry Compliance Assistance
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:
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:
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:
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:
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:
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:
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:
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:
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:
2 29 CFR 1926.59(g)(11): Material safety data sheets were not made available upon request to the designated representatives:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
4 29 CFR 1926.101(b): Ear protection devices inserted in the ear were not fitted or determined individually by competent persons:
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