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The Cohen Group Newsletter - Volume 4  Issue 3, Article 4.  September 2002

MSHA HazCom Rules Changing

Joel Cohen, CIH and Joy Fleming

Effective September 23, 2002 MSHA Hazard Communication (HazCom) rules will be implemented. Part 47 (HazCom) applies to any operator producing or using a hazardous chemical to which a miner can be exposed. MSHA HazCom rules are similar to OSHA’s rules. Fundamentally, an employer must still:

· Inventory the chemicals at the workplace (mine) and determine which are hazardous
· Maintain a list of hazardous chemicals
· Establish a written HazCom program
· Prepare a label and Material Safety Data Sheet (MSDS) for the products
· Ensure containers are properly labeled
· Maintain MSDSs at the mine
· Train employees about the HazCom program and on the hazardous substances to which they may be exposed
· Ensure HazCom information is available for employee review

However, there are several differences as well. Below are two significant changes.

Aggregate Producers Are Not Exempted

Due to the number of injuries and illnesses reported to MSHA from the use of aggregate in one form or another, MSHA decided to include aggregate products into its new rules. So, MSDSs are required for products such as concrete, asphalt, and crushed stone containing silica or asbestos.

Different MSDSs

"Chemicals" produced at a mine include the products mined or processed for sale (e.g., coal, crushed stone); mixtures created (e.g., cement) and by-products of mining (e.g., diesel exhaust, hydrogen sulfide, blasting gases).

The form of the MSDS remains significantly similar to the form we commonly see. MSHA, however, has added another section which they define as "Exposure Limits." MSHA requires exposure limits to be listed for MSHA or OSHA along with other organizations such as NIOSH and ACGIH. A recommended table format has been presented below:

                                                                           MISHA                                 OSHA                            NIOSH
                                                                                      Permissible Exposure Limit            Permissible Exposure Limit      Permissible Exposure
Limit

                                                                                     (PEL)                                      (PEL)                              (PEL)

TWA:                                                        ________________                   ______________                ____________
Time Weighted Average

                                                                                                                      

 

 

 

 

 

STEL:
Short Term Exposure Limit                                     ___________________                     __________________                  ______________

C:                                                              ________________                 ________________             _____________
Ceiling

Other Exposure Limits: ___________________________________________________________________

 

 

 

 

 

Be sure the MSDSs you receive from manufacturers or suppliers of mined products contain the new information. If not, request an updated MSDS in writing.

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