Regulatory Change- Update on GHS, SARA Reporting, and Conflict Minerals€¦ · and Conflict Minerals . 709 Nissan Drive | Smyrna, TN 37167 ... Employers may continue to use rating

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Regulatory Change- Update

on GHS, SARA Reporting,

and Conflict Minerals

709 Nissan Drive | Smyrna, TN 37167 | w w w .sitehaw k.com | 615.459.0064 2

Regulatory Change –NTK (Need to Know)

Three Regulatory Changes to Discuss:

1. GHS (Globally Harmonized System (GHS) of Classification and Labeling of Chemicals)

2. Tier II & Form R (SARA Reporting 311/312, 313)

3. Conflict Minerals (Update)


Overview of GHS

Globally Harmonized System (GHS) of Classification and Labeling of Chemical is a standardized approach to:

• Defining Health, Physical, & Environmental Hazards • Classifying Hazards • Communicating Hazards in the Workplace & Beyond


Label Changes - HCS1994 to HCS2012

The revised HCS changes the existing Hazard Communication Standard (HCS/HazCom 1994) from a performance-based standard to one that has more structured requirements for the classification, labeling and communication of chemicals.

The revised standard requires that information about the chemical hazards be conveyed on SDS and labels using specified formats and content to alert the user, providing immediate and consistent recognition of the hazards. Labels must also provide instructions on how to handle the chemical so that chemical users are informed about how to protect themselves.


GHS -Also known as “HAZCOM 2012”

OSHA Adoption of GHS

Hazard Classifications

MSDS (SDS)

Labeling Training

Communication


GHS Timelines

Until the June 1, 2015 effective date, manufacturers, importers and distributors may maintain compliance with the requirements of HazCom 1994 or the revised standard. Distributors may continue to ship containers labeled by manufacturers or importers (but not by the distributor themselves) in compliance with the HazCom 1994 until December 1, 2015.


MSDS (SDS) Changes

• Now “Safety Data Sheets”

• GHS Format: 16 sections required, in specified order

• Reclassification based on GHS Criteria – Health & Environmental

– Physical

– Building Block Approach


Required GHS Label Elements


Current NFPA & HMIS Workplace Labels


Did You Know?

Employers may continue to use rating systems such as NFPA diamonds or HMIS requirements for workplace labels as long as they are consistent with the requirements of the Hazard Communication Standard and the employees have immediate access to the specific hazard information as discussed above. An employer using NFPA or HMIS labeling must, through training, ensure that its employees are fully aware of the hazards of the chemicals used.


Did You Know?

A black diamond frame may be used for workplace (In-Plant) labels.


Labeling Responsibilities

Who’s Responsibility Is It? Manufacturer/ Distributor

Employer/ Workplace

• Updating Labels on Shipped Containers

• Updating Product Safety Data Sheets

• Maintaining the labels on containers, including, but not limited to, tanks, totes, and drums.

• Maintain labels in which they are legible and ensure that pertinent information (Such as Hazards and Direction of Use) does not get defaced in any way.

• Communicating newly-identified hazards that are not disclosed on the label.

• Have the option to create their own workplace labels that immediately communicate the specific hazards of the chemical.


GHS Pictograms

OSHA is only enforcing (8) of the (9) pictograms. Pictograms will have a black symbol on a white background with a red diamond frame.


Transportation Pictograms

Where a transport pictogram appears, the GHS pictogram for the same hazard should not appear.

OSHA Pictograms do not replace the diamond-shaped DOT labels required for the transport of chemicals of external containers.


OXI252 - DOT Shipping Label


Communication and Training

What do you need to know? • Timeline for transition

• Changes required for updating your current Hazcom program

What do your employees need to know?

• Access

• SDS changes

• Label changes

• Pictogram definitions

• Signal word definitions

• Hazard classification categories

• Hazard statements & precautionary

statements


SARA 311/312 (Tier II Reporting): Annual Report based on Maximum and Daily average amounts at your facility that is Due March 1st

Which facilities are covered? • Any facility required under Occupational Safety and Health

Administration (OSHA) regulations to maintain MSDSs for hazardous chemicals stored or used in the work place. Facilities with chemicals in quantities that equal or exceed the following thresholds must report:

• For Extremely Hazardous Substances (EHSs)(40 CFR part 355 Appendix A and Appendix B (PDF)), either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.

• For all other hazardous chemicals*: 10,000 pounds. *Hazardous Chemical—any material requiring an MSDS by OSHA

SARA Reporting (Tier II and Form R)

http://www.gpo.gov/fdsys/pkg/CFR-2013-title40-vol29/pdf/CFR-2013-title40-vol29-part355-appA.pdf

http://www.gpo.gov/fdsys/pkg/CFR-2013-title40-vol29/pdf/CFR-2013-title40-vol29-part355-appB.pdf




Did You Know?

The Lead/Acid batteries often used for Forklifts are NOT exempt for SARA 311/312 (Tier II) and the reporting threshold is 500lbs for Sulfuric Acid.


SARA 311/312 (Tier II Reporting)-Continued Recent Changes (2013 Reporting Year and Beyond):

• Facility Identification Information requirements (RMP #, Latitude & Longitude, etc.).

• Quantity Codes (Thresholds for those codes) • Written Form Modifications • Most States on Tier II Submit (or the state will accept Tier II Submit) • One page per material (used to be multiple) • Two questions on the report that asked if you are subject to other

reporting requirements: • Subject to Emergency Planning (EPCRA 302 40CFR 355) • Subject to Chemical Accident Prevention Planning (RMP CFR

40.68 112R) State Specific Requirements:

http://www2.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures

SARA Reporting (Tier II and Form R)
















SARA 313 (TRI-Form R Reporting)-Annual Report (TRI) due July 1.

Your facility is required to report to the TRI Program if it meets ALL of these three threshold criteria:

• The facility is included in a TRI-covered North American Industry Classification System (NAICS) code (see the TRI NAICS code webpage or Table I of the current Reporting Forms and Instructions for a complete list); and

• The facility has 10 or more full-time employee equivalents (i.e., a total of 20,000 hours or greater; see 40 CFR 372.3); and

• The facility manufactures (defined to include importing), processes or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.

SARA 313 Reporting (Form R)

http://www2.epa.gov/tri/my-facilitys-six-digit-naics-code-tri-covered-industry

http://www2.epa.gov/tri/my-facilitys-six-digit-naics-code-tri-covered-industry

http://www2.epa.gov/toxics-release-inventory-tri-program/tri-listed-chemicals


SARA 313(TRI-Form R Reporting)-For the Copper & Brass

NAICS Codes for the CBSA:

331 Primary Metals--ALL six-digit industry codes are covered. 332 Fabricated Metal Products-ALL six-digit industry codes are covered 2122 Metal Mining-ALL six-digit industry codes are c overed EXCEPT for Industry Code 212210, Iron Ore Mining.

SARA 313 Reporting (Form R)


Dodd-Frank Section 1502: Conflict minerals

On August 22, 2012, the SEC issued a final rule on conflict minerals pursuant to Dodd-Frank Section 1502. The rule describes the assessment and reporting requirements for issuers whose products contain conflict minerals. These minerals – tin, tantalum, tungsten and gold – are used in a wide range of products across numerous industries. Annual reporting requirement - first report due May 31, 2014 with data from calendar year 2013 (upheld by D.C. District Court on 23 July 2013)

Some estimates suggest that at least half of all SEC issuers will be impacted by this rule. In addition, a large number of private companies within issuers' supply chains are likely to feel the pressures of reporting and due diligence as well.

Conflict Minerals-Overview, Update, Suggestions


The final rule is divided into a three-step compliance process:

1) A company must determine whether it is subject to conflict

minerals requirements; 2) If yes, the company must conduct a reasonable country of origin inquiry to determine if the “necessary conflict minerals” used originated in the covered countries or are from recycled or scrap materials. 3) If a company determines, or has reason to believe, that the conflict minerals originated in the covered countries and are not, or may not be, from recycled or scrap sources, it must exercise due diligence on the source and chain of custody of conflict minerals and may need to provide a Conflict Minerals Report (CMR).



Applicability? You are subject to the requirements of the Conflict

Minerals Rules if: 1. You are an SEC reporting company (i.e., file Form 10-K, Form 10-Q, Form 20-F, etc.), including foreign private issuers and smaller reporting companies, 2. You manufacture products or contract with a third party to manufacture products, and 3. Conflict Minerals are “necessary to the functionality or production” of such products.


If you do not meet these requirements, then you are not subject to the CM Rules and you are not required to take any action, make any disclosures, or submit any reports concerning conflict minerals. However, even if not directly subject to the CM Rules, most manufacturers will likely need to provide some form of CM disclosure to public companies above in the supply chain.


Requirements If you Must Report (or support customers who do): (SEC filer as Public Traded Company) • Disclose Process for Assessment of Country of Origin in

Annual Report (Public Companies) – 2014 and beyond • Disclose “Conflict Free”, “Conflict Undetermined”, or

“Conflict Source” in SEC filing (Public Companies) – 2014 and beyond

• Disclose Report on Due Diligence Search and Audit in Annual Report (Public Companies) – 2014 and beyond



References/Links

GHS: https://www.osha.gov/dsg/hazcom/ghs.html SARA Reporting: http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting Conflict Minerals: http://www.sec.gov/divisions/corpfin/guidance/conflictminerals-faq.htm

http://www.stonecastlerecycling.com/regulations.html

https://www.osha.gov/dsg/hazcom/ghs.html

http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting













http://www.sec.gov/divisions/corpfin/guidance/conflictminerals-faq.htm




SiteHawk Contact Information

Scott Williams

Director of Sales

DIRECT 615.984.7833

CELL 615.812.4364

EMAIL sw illiams@sitehaw k.com

WEBSITE w w w .sitehaw k.com

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Regulatory Change- Update on GHS, SARA Reporting, and Conflict Minerals€¦ · and Conflict Minerals . 709 Nissan Drive | Smyrna, TN 37167 ... Employers may continue to use rating