Aggregates Manager

October 2013

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Rock by Meredith A. Kapushion While the change should ease confusion in the long term, operators need to note the differences between OSHA and MSHA rules and make the necessary changes. MSHA Follows OSHAʼS LEAD ON HAZCOM T Meredith A. Kapushion is an associate in Jackson Kelly PLLC's Denver office, where she is in the Occupational Safety and Health Practice Group. She can be reached at 303-390-0520 or via email at makapushion@ he U.S. Department of Labor's Mine Safety and Health Administration (MSHA) issued a new Program Policy Letter (PPL) effective Aug. 13, 2013 that aligns MSHA's Hazard Communication (HazCom) standard with the Occupational Safety and Health Administration (OSHA) Hazard Communication standard updated last year. 77 Fed.Reg. 17,574. The PPL clarifies that if a mine operator is compliant with OSHA's HazCom standard (29 C.F.R. § 1910.1200), then the operator is also in compliance with MSHA's HazCom standards (30 C.F.R. Part 47). Operators should be mindful, however, that the two sets of standards are not exactly parallel standards. MSHA's PPL provides more detailed guidance on exactly which MSHA and OSHA standards align. [See MSHA Program Policy Letter No. P13-IV-1 (8/13/13) available at http:// PIL13-IV-01.pdf.] The PPL advises that "some aspects of the hazard classification may not be compatible with other existing MSHA standards, particularly those standards that define and address safety of physical hazards. Mine operators must comply with all existing MSHA standards concerning physical hazards as they are defined in those standards." In other words, do not assume that an MSHA standard no longer applies simply because it has no OSHA counterpart. To the extent MSHA imposes additional obligations above OSHA's requirements, operators must comply with the MSHA standards to ensure full compliance. Under MSHA's requirements in Part 47, operators must develop, implement, and maintain a written HazCom program. They must identify chemicals, make a hazard determination, ensure that containers of hazardous chemicals have labels, have and make available a Safety Data Sheet (SDS, formerly Material Safety Data Sheet or MSDS) for each hazardous chemical used or produced at the mine. Operators must also instruct miners on the physical and health hazards of the chemicals in the miners' work area, protective measures, and contents of the HazCom program. OSHA's HazCom standard sets a performance standard for communicating chemical hazards and information on labels and SDSs. In updating the standards, OSHA has aligned its HazCom program with the United Nations' "Globally Harmonized System of Classification and Labeling of Chemicals" (GHS, also known as The Purple Book). The HazCom standard requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and communicate that information to their downstream consumers. Employers with hazardous chemicals in their workplaces must have appropriate labels and SDSs. The basic framework, scope, and exemptions under the HazCom program remain unchanged. OSHA has retained the requirement to include the InternaAGGREGATES MANAGER October 2013 RockLaw_AGRM1013.indd 33 33 9/18/13 3:21 PM

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