Vital Signs

In 1994, OSHA modified its Hazard Communication Standard under 29 CFR 1910.1200 to include paperless systems for meeting compliance with responsibilities for managing Material Safety Data Sheets (MSDSs). Regardless of how MSDSs are maintained, the law requires that employers make Material Safety Data Sheets readily accessible to employees at all times on hazardous chemicals used, stored, processed, produced in the workplace.

The Federal Register [Feb. 9, 1994] stated, "The employer shall maintain in the workplace copies of the required Material Safety Data Sheets (MSDS) for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas(s). Electronic access, microfiche, and other alternatives to maintaining paper copies of MSDSs are permitted as long as no barriers to immediate employee access in each workplace are created by such options."

Such amendments to OSHA's Hazard Communication Standard, in 1994, have allowed technology-savvy companies to set the pace for more efficient and cost effective alternatives to the regulatory compliance maze with which industry must contend. In addition to the federal HazCom requirements, most states have their own HazCom regulations. All of the state requirements also permit such computer-based alternatives to the availability of MSDSs. The key is, of course, to meet the intent and objectives of the law: communicating employee exposure to chemical hazards in the workplace to the employees themselves. As the axiom goes, the employee has a right-to-know about the hazards in the workplace. Accessibility of the information to employees is the key, not the medium in which it is delivered.

On the average, 7% of a company's MSDS inventory becomes obsolete in a given month. Therefore, managing MSDSs is an all-the-time activity in order to pass the acid test of an OSHA inspection. Since such activity requires dozens, if not hundreds of costly man hours per year, the only sensible choice for industry is that of outsourcing MSDS compliance through the cheapest method possible…Vanguard’s Internet-based MSDS Mastermind.

Vanguard offers this paperless system for site-specific MSDS Compliance to clients who wish to operate through paperless technologies via the Internet as opposed to the traditional approach of hard-copy MSDS inventory management.

Any client costs associated with Vanguard's MSDSM service are defrayed or eliminated as the need for MSDS software, hardware, or man hours in MSDS maintenance and legislative updating is virtually non-existent. Online employee access to MSDSs is as immediate as the click of a mouse.

Vanguard's "mission control" maintains your facility's MSDSs and related information on-line, accessible to you through the Internet via Vanguard’s website. All aspects of your MSDS Mastermind are kept confidential and extremely secure. Vanguard's privately-owned, copyrighted, secure internet environment contains the latest advances in security, firewall, and data backup for the essential safeguarding and protection of the client's confidential information. It is always the client's choice to whom MSDS and related information are provided, not Vanguard's. Confidentiality and proprietary formulas are always protected, even to the extent of attorney/client privilege.

Because the client's MSDS information is managed by EHS professionals, the client gains the value-added benefits of an ongoing advisory for site-specific EHS management. Vanguard's full time employees consist of departments in engineering, environmental science, OSHA education, industrial hygiene and regulatory specialists.

The client is interlinked to Vanguard's "mission control" via the internet. The client will be assigned login, user identification numbers and appropriate passwords for complete security, operations, maintenance and management of the client's MSDSM service.

The only thing required of non-clients is to provide Vanguard with copies of their site-specific MSDSs. Existing clients will be pleased to know Vanguard already has their MSDSs on file. Current clients only need to submit new or revised MSDSs to update their inventory.

Note: Pricing on MSDS Inventories larger than 200, please submit inquiry for pricing to:
Amanda Davis, Director of Operations - adavis@vanguardenvl.com

[Vanguard’s EMS Baseline is a prerequisite for the service as described below.]

Vanguard's MSDS Mastermind has the capability of going hand-in-hand with the Online Hazardous Materials Management Program (OHMMP). The MSDS Mastermind and OHMMP serve as a companion combo bringing together the technology of paperless MSDS accessibility to employees in the workplace with the necessary capability of unlimited updating features and materials management at all times. The dualistic operation of both programs allows the client to continually update additions and deletions to the facility's MSDS inventory, modifications in product quantity, container types, product locations within the facility, and even physical changes to the facility itself.

The MSDS Mastermind/OHMMP Combo is a state-of-the-art, technology-based materials management program accessible to Vanguard clients only. Its origin finds a foundation in Vanguard's $20MM chemical data base - literally the largest regulatory compliance data base in the U.S. The essence of the OHMMP is the improved Internet capability for Vanguard's client to track and control those hazardous materials onsite to, in turn, effectively and efficiently facilitate a 365-day-a-year Environmental, Health, & Safety (EHS) Program to protect employees, contract labor, the environment (air, land, water), the community-at-large, and the region downwind from the facility. The MSDS Mastermind is provided as a client's site-specific materials management tool, of course, ancillary to Vanguard's Environmental Management System. The OHMMP/MSDS Mastermind Combo meets the client's expressed needs for managing hazardous materials and the facility's site-specific MSDS inventory at all times - 24 hrs/day; 7 days/week; 365 days/year.

The MSDSM/OHMMP Combo provides EHS Managers and workplace employees with an always-current Product Quantity List (PQL) that allows the client to select the exact product MSDSs desired, a veritable menu of MSDSs representing products and their quantities, container types, and locations within the client's facility. The client's employees can select any MSDS by part number (or number assigned), manufacturer, product name, chemical constituents within the product, location of the product, or even by department. In other words, an employee doesn't have to know the exact name of the product to find the MSDS being sought out. It can be tracked down by the employee’s peripheral knowledge of the product itself.

FIELDS (designed in columns for each product "used, stored, processed, produced, manufactured, distributed, or imported" at the facility):

Asbestos is a natural mineral found on earth and mined for a variety of uses. The three (3) most common types of asbestos are chrysotile, amosite and crocidolite. Chrystotile fibers are pliable and cylindrical, and often arranged in bundles. Amosite and Crocidolite fibers are like tiny needles. While most minerals turn into dust when crushed, asbestos is unique in that it breaks up into fine fibers that are invisible to the human eye. Often individual fibers are mixed with a material that binds them together, producing asbestos containing material (ACM).

Asbestos is appealing for a variety of reasons. It is flexible, strong and fire resistant. It is a great insulate and conducts electricity poorly. It also resists corrosion. Asbestos may have been so widely used because few other available substances combine the same qualities.

Studies have estimated that 3,000 different types of commercial products contained asbestos. The amount of asbestos in each product varied from as little as one percent to as much as 100 percent. Many older plastics, paper products, brake linings, floor tiles and textile products contain asbestos, as do many heavy industrial products such as sealants, cement pipe, cement sheets, and insulation.

Asbestos was first used in the United States in the early 1900’s, to insulate steam engines. But until the early 1940’s, asbestos was not used extensively. However, after World War II, and for the next thirty years, people who constructed and renovated schools and other public buildings used asbestos and ACM extensively (1940-1970). They used ACM primarily to fireproof, insulate, soundproof, and decorate. The Environmental Protection Agency (EPA) estimates that there are ACMs in most of the nation’s approximately 107,000 primary and secondary schools and 733,000 public and commercial buildings. Even though there was movement away from using asbestos containing materials after the 70’s, it can still be found in many products put into use in facility’s built in the 80’s. In 1989 the United States Environmental Protection Agency (EPA) issued the Asbestos Ban and Phase Out Rule which was subsequently overturned in the case of Corrosion Proof Fittings v. U.S. Environmental Protection Agency, 1991. This ruling leaves many consumer products that can still legally contain trace amounts of asbestos. In the European Union and Australia it has recently been banned as a potential health hazard and is not used at all. Japan is moving in the same direction, but more slowly.

Damaged ACM is more likely to release fibers than non-damaged ACM. If ACM, when dry, can be crumbled by hand pressure, a condition known as “friable”, it is more likely to release fibers than if it is “non-friable.” Fluffy, spray-applied asbestos fireproofing material is generally considered “friable.” Some materials which are considered “non-friable,” such as vinyl-asbestos floor tile, can also release fibers when sanded, sawed, or otherwise aggressively disturbed. Materials such as asbestos cement pipe can release asbestos fibers if broken or crushed when buildings are demolished, renovated or repaired.

Everyone’s ability to contract an asbestos-related health problem is different. Once inhaled, asbestos fibers can easily penetrate body tissues and become deposited and retained in the airways and lung tissue. Symptoms of an asbestos related disease may not appear for many years, sometimes 30 years from the time of exposure. Some illnesses that are the result of exposure to asbestos include: asbestosis, lung cancer, mesothelioma, and other types of cancers.

The U.S. Environmental Protection Agency and the Occupational Safety and Health Administration (OSHA) are the two (2) agencies responsible for regulation of asbestos. OSHA regulates asbestos in relation to workers exposed at their work place. EPA develops and enforces regulations protecting the general public from exposure to asbestos. State and local agencies can and sometimes do have more stringent standards then Federal regulations.

Asbestos was one of the first hazardous air pollutants regulated under Section 112 of the CAA, which established National Emission Standards for Hazardous Air Pollutants (NESHAP). The Asbestos NESHAP can be found in 40 CFR Part 61, Subpart M. The Asbestos NESHAP is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Specific work practices are identified to be followed during the renovation of a building which contains a certain threshold amount of friable asbestos and during demolitions of structures, installations, and facilities (except an apartment with no more than four (4) dwelling units). The Asbestos NESHAP requires action by an “Owner” and “Operator”. Notification prior to renovation or demolition activities is required by owners and operators. Waste handling and disposal of asbestos is also regulated by Subpart M.

The following activities and facilities are currently regulated by the Asbestos NESHAP:

The milling of asbestos.
Roadways containing ACM.
The commercial manufacture of products that contain commercial asbestos.
The demolition of all facilities.
The renovation of facilities that contain friable ACM.
The spraying of ACM.
The processing (fabricating) of any manufactured products that contain asbestos.
The use of insulating materials that contain commercial asbestos.
The disposal of asbestos-containing waste generated during milling, manufacturing, demolition, renovation, spraying, and fabricating operation.
The closure and maintenance of inactive waste disposal sites.
The operation of and reporting on facilities that convert asbestos containing waste material into non-asbestos material.
The design and operation of air cleaning devices.
The reporting of information pertaining to process control equipment, filter devices, asbestos generating processes, etc.
Active waste disposal sites.

The following is a listing of suspect asbestos-containing materials (SACM). It does not include every product/material that may contain asbestos, but is intended as a general guide to show various types of materials that may contain asbestos. The amount of asbestos in these products varies widely. Positive identification of asbestos cannot be ascertained merely by visual examination. The services of a qualified laboratory must be issued to analyze representative samples of suspect materials to confirm asbestos content.

Cement Pipes	Blow-in Insulation
HVAC Pipe Insulation	Fireproofing Materials
Asphalt Floor Tile	Packing Materials
Ductwork Flexible Fabric	Thermal Paper Products
Cooling Towers	Adhesives
Heating and Electrical Ducts	Fire Blankets
Decorative Plaster	Vinyl Wall Coverings
Textured Paints/Coatings	Spackling Compounds
Chalkboards	Cement Wallboard
Taping Compounds (thermal)	Boiler Insulation
Base Flashing	Vinyl Floor Tile
High Temperature Gaskets	Flooring Backing
Laboratory Hoods/Table Tops	Acoustical Plaster
Wallboard	Electrical Panel Partitions
Fire Curtains	Ceiling Tiles and Lay-in Panels
Elevator Brake Shoes	Spray-Applied Insulation
Cement Siding	Roofing Shingles
Breeching Insulation	Roofing Felt
Vinyl Sheet Flooring Connections	Fire Doors
Construction Mastics	Caulking/Putties
Pipe Insulation	Laboratory Clothes
Electrical Cloth	Joint Compounds
Electrical Wiring Insulation	Elevator Equipment Panels

Building Activities, which might disturb asbestos:

Renovations, where building materials or components are altered or removed.
Demolition of buildings or structural supports.
Maintenance on boilers, piping, and HVAC systems.
Maintenance on equipment in and around ceilings.
Cable installation, replacement or maintenance.
Flooring removal or repair.
Roofing removal or repair.
Ceiling tile maintenance or repair.
Painting, repair or cleaning of spray-applied acoustical coatings or texture.

The Environmental Protection Agency recommends that facilities use a practical approach that protects public health by emphasizing that asbestos material in buildings should be located, that it should be appropriately managed, and that those workers who may disturb it should be properly trained and protected.

Is your company writing Safety & Health policies in-house? While this may seem like a logical way to approach compliance, in many cases it can (and does) frequently lead to citations.

Policies are one of the first things an OSHA Compliance Officer will ask to see. The way your policies are written and presented could determine how much time the inspector will spend in your facility.

If your company spends several hundred dollars to purchase one of the many computer-based programs, there is no guarantee the finished policy will meet regulations. Even if you copy a policy directly from the OSHA’s web site to produce your policies, you are at risk! Take a look at some of the following disclaimers which accompany some of these products!

“Is advisory in nature, informational in content, and is intended to assist employers in providing a safe and healthful workplace through effective compliance and prevention programs adapted to the needs of individual places of employment.”

“This (material) is not a legal interpretation of the provisions of the Act…These materials are based upon Federal OSHA standards and other requirements in effect at the time of publication and upon generally accepted principles and activities within the job safety and health field. They should be adapted…”

“This information is intended to provide a generic, non-exhaustive overview of a particular standards related topic. This does not itself alter or determine compliance responsibilities, which are set forth in OSHA standards themselves and the Occupational Safety and Health Act. Moreover, because interpretations and enforcement policy may change over time, for additional guidance on OSHA compliance requirements, the reader should consult current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts.”

This presentation is intended as a resource for providing training on OSHA's revised powered industrial truck operators standards. It is not a substitute for any of the provisions of the Occupational Safety and Health Act of 1970, or for any standards issued by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). It is also not a substitute for a powered industrial truck operator training program.

Writing and maintaining policies which meet regulations at any given time requires time, a lot of it! For most companies, that time is better spent improving production techniques or tending to other priorities that add to your bottom line.

If you are one of he fortunate companies that can actually employ a full-time, trained Safety & Health professional, chances are they have to wear more than one hat. How well do they keep up with federal regulatory changes? How about state and local changes? Do they have time to review how federal and local courts are interpreting those regulations? Do they have the time to follow how your regional OSHA office interprets the regulations or to study what types of citations they have issued in the last year? How about the last month or week?

Now let’s assume you have an outstanding safety representative, someone who at least attempts to cover all the areas identified above. There is another area that is crucial to the survival of your company and is frequently overlooked, legal liability! Even if you do manage to meet every requirement in 29 CFR, you could still be at risk from a disgruntled employee. In fact, 70% of your risk comes from within your company!

Vanguard Environmental, Inc. deals with these issues on a daily basis. Our working relationship with every OSHA Regional Office and our ability to utilize an entire organization of Safety & Health professionals to monitor changes, laws and interpretations, assures your company of written policies, training, guidance and audit services that are second to none! We exist to ensure YOUR compliance. No Vanguard client has ever received a citation for a contracted program.

Vanguard’s nationwide exposure gives us a unique perspective on federal, state and local enforcement actions. We serve every type of business from small Mom & Pop shops, to Fortune 500 companies, in every state. Can anyone you could possibly hire for your company match that kind of exposure and experience?

Make sure your first impression makes the right impression! Let Vanguard Environmental, Inc. define what “Turn-Key Compliance” really means. Contact your local Regulatory Specialist or call our corporate OSHA Department for more information.

Next month we will look at the risks associated with computer based training.

Article written by:

Robert Breslin, Director

OSHA Compliance & Education
Vanguard Environmental, Inc.

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