Section 721.72 - Hazard communication programWhenever a substance is identified in subpart E of this part as being subject to this section, a significant new use of that substance is any manner or method of manufacture (including import) or processing associated with any use of that substance without establishing a hazard communication program as described in this section. Paragraphs (a) through (h) of this section apply to SNURs issued July 5, 2022. Paragraphs (i) and (j) of his section apply to SNURs issued on or after July 5, 2022. Any person subject to the requirements of paragraphs (a) through (h) of this section have the option of following the requirements of paragraph (i) of this section or using the statements specified in paragraphs (g) or (h) of this section.
(a)Written hazard communication program. Each employer shall develop and implement a written hazard communication program for the substance in each workplace. The written program will, at a minimum, describe how the requirements of this section for labels, SDSs, and other forms of warning material will be satisfied. The employer must make the written hazard communication program available, upon request, to all employees, contractor employees, and their designated representatives. The employer may rely on an existing hazard communication program, including an existing program established under the Occupational Health and Safety Administration (OSHA) Hazard Communication Standard in 29 CFR 1910.1200 of 2012 to comply with this paragraph provided that the existing hazard communication program satisfies the requirements of this paragraph. The written program shall include the following:(1) A list of each substance identified in subpart E of this part as subject to this section known to be present in the work area. The list must be maintained in the work area and must use the identity provided on the appropriate SDS for each substance required under paragraph (c) of this section. The list may be compiled for the workplace or for individual work areas.(2) The methods the employer will use to inform employees of the hazards of non-routine tasks involving the substance, for example, the cleaning of reactor vessels, and the hazards associated with the substance contained in unlabeled pipes in their work area.(3) The methods the employer will use to inform contractors of the presence of the substance in the employer's workplace and of the provisions of this part applicable to the substance if employees of the contractor work in the employer's workplace and are reasonably likely to be exposed to the substance while in the employer's workplace.(b)Labeling.(1) Each employer shall ensure that each container of the substance in the workplace is labeled in accordance with this paragraph (b)(1).(i) The label shall, at a minimum, contain the following information: (A) A statement of health hazard(s) and precautionary measure(s) for the substance, if any, identified in subpart E of this part or by the employer.(B) The identity by which the substance may be commonly recognized.(C) A statement of environmental hazard(s) and precautionary measure(s) for the substance, if any, identified in subpart E of this part or by the employer.(D) A statement of exposure and precautionary measure(s), if any, identified in subpart E of this part or by the employer.(ii) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys information specified by paragraph (b)(1)(i) of this section. Any written materials must be readily accessible to the employees in their work areas throughout each work shift.(iii) The employer need not label portable containers into which the substance is transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.(iv) The employer shall not remove or deface an existing label on incoming containers of the substance unless the container is immediately relabeled with the information specified in paragraph (b)(1)(i) of this section.(2) Each employer shall ensure that each container of the substance leaving its workplace for distribution in commerce is labeled in accordance with this paragraph. (i) The label shall, at a minimum, contain the following information:(A) The information required under paragraph (b)(1)(i) of this section.(B) The name and address of the manufacturer or a responsible party who can provide additional information on the substance for hazard evaluation and any appropriate emergency procedures.(ii) The label shall not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued under that Act by the Department of Transportation.(3) The label, or alternative forms of warning, shall be legible and prominently displayed.(4) The label, or alternative forms of warning, shall be in English; however, the information may be repeated in other languages.(5) If the label or alternative form of warning is to be applied to a mixture containing a substance identified in subpart E of this part as subject to this section in combination with another substance identified in subpart E of this part and/or a substance defined as a "hazardous chemical" under the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200 ), the employer may prescribe on the label, SDS, or alternative form of warning, the measures to control worker exposure or environmental release which the employer determines provide the greatest degree of protection. However, should these control measures differ from the applicable measures required under subpart E of this part, the employer must seek a determination of equivalency for such alternative control measures pursuant to § 721.30 before prescribing them under this paragraph (b)(5).(c)Safety data sheets.(1) Each employer must obtain or develop a SDS for the substance.(2) Each SDS shall contain, at a minimum, the following information: (i) The identity used on the container label of the substance under this section, and, if not claimed confidential, the chemical and common name of the substance. If the chemical and common name are claimed confidential, a generic chemical name must be used.(ii) Physical and chemical characteristics of the substance known to the employer (such as vapor pressure, flash point).(iii) The physical hazards of the substance known to the employer, including the potential for fire, explosion, and reactivity.(iv) The potential human and environmental hazards as specified in subpart E of this part for the substance.(v) Signs and symptoms of exposure, and any medical conditions which are expected to be aggravated by exposure to the substance known to the employer.(vi) The primary routes of exposure to the substance.(vii) Precautionary measures to control worker exposure and/or environmental release identified in subpart E of this part for the substance, or alternative control measures which EPA has determined under § 721.30 provide substantially the same degree of protection as the identified control measures.(viii) Any generally applicable precautions for safe handling and use of the substance which are known to the employer, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for response to spills and leaks.(ix) Any generally applicable control measures which are known to the employer, such as appropriate engineering controls, work practices, or personal protective equipment.(x) Emergency first aid procedures known to the employer.(xi) The date of preparation of the SDS or of its last revision.(xii) The name, address, and telephone number of the individual preparing or distributing the SDS, or a responsible party who can provide additional information on the substance for hazard evaluation and any appropriate emergency procedures.(3) If no relevant information is found or known for any given category on the SDS, the employer must mark the SDS to indicate that no applicable information was found.(4) Where multiple mixtures containing the substance have similar compositions (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture) and similar hazards, the employer may prepare one SDS to apply to all of these multiple mixtures.(5) If the employer becomes aware of any significant new information regarding the hazards of the substance or ways to protect against the hazards, this new information must be added to the SDS within 3 months from the time the employer becomes aware of the new information. If the substance is not currently being manufactured, processed, or used in the employer's workplace, the employer must add the new information to the SDS before the substance is reintroduced into the workplace.(6) The employer must ensure that persons receiving the substance from the employer are provided an appropriate SDS with their initial shipment and with the first shipment after an SDS is revised. The employer may either provide the SDS with the shipped containers or send it to the person prior to or at the time of shipment.(7) The employer must maintain a copy of the SDS in its workplace, and must ensure that it is readily accessible during each work shift to employees when they are in their work areas. (Easy and immediate electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as complete and accurate versions of the SDS are available immediately to employees in each workplace by such options.)(8) The SDS may be kept in any form, including as operating procedures, and may be designed to cover groups of substances in a work area where it may be more appropriate to address the potential hazards of a process rather than individual substances. However, in all cases, the required information must be provided for each substance and must be readily accessible during each work shift to employees when they are in their work areas.(9) The SDS must be in English; however, the information may be repeated in other languages.(d)Employee information and training. Each employer must ensure that employees are provided with information and training on the substance identified in subpart E of this part. This information and training must be provided at the time of each employee's initial assignment to a work area containing the substance and whenever the substance subject to this section is introduced into the employee's work area for the first time. (1) Information provided to employees under this paragraph shall include:(i) The requirements of this section.(ii) Any operations in the work area where the substance is present.(iii) The location and availability of the written hazard communication program required under paragraph (a) of this section, including the list of substances identified in subpart E of this part as subject to this section, and SDSs required by paragraph (c) of this section.(2) Training provided to employees shall include:(i) Methods and observations that may be used to detect the presence or release of the substance in or from an employee's work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance, or odor of the substance when being released).(ii) The potential human health and environmental hazards of the substance as specified in subpart E of this part.(iii) The measures employees can take to protect themselves and the environment from the substance, including specific procedures the employer has implemented to protect employees and the environment from exposure to the substance, including appropriate work practices, emergency procedures, personal protective equipment, engineering controls, and other measures to control worker exposure and/or environmental release required under subpart E of the part, or alternative control measures which EPA has determined under § 721.30 provide substantially the same degree of protection as the specified control measures.(iv) The requirements of the hazard communication program developed by the employer under this section, including an explanation of the labeling system and the SDS required by this section and guidance on obtaining and using appropriate hazard information.(e)Low concentrations in mixtures. If a substance identified in subpart E of this part is present in the work area only as a mixture, an employer is exempt from the provisions of this section if the concentration of the substance in the mixture does not exceed a concentration set in subpart E of this part. The exemption does not apply if the employer has reason to believe that during intended use or processing in the work area, the substance in the mixture may be concentrated above the level set in subpart E of this part.(f)Existing hazard communication program. The employer need not take additional actions if existing programs and procedures satisfy the requirements of this section.(g)Human health, environmental hazard, exposure, and precautionary statements. Whenever referenced in subpart E of this part for a substance, the following human health and environmental hazard, exposure, and precautionary statements shall appear on each label as specified in paragraph (b) of this section and the SDS as specified in paragraph (c) of this section. Additional statements may be included as long as they are true and do not alter the meaning of the required statements.(1) Human health hazard statements:(i) Causes skin irritation.(ii) Respiratory complications. (You may also use paragraph (g)(1)(x) of this section for this designation.).(iii) Central nervous system effects. (You may also use paragraph (g)(1)(xi) of this section for this designation but you must include this specific effect.)(iv) Internal organ effects. (You may also use paragraph (g)(1)(xi) of this section for this designation.)(v) Birth defects. (You may also use paragraph (g)(1)(xii) of this section for this designation but you must include this specific effect.)(vi) Reproductive effects. (You may also use paragraph (g)(1)(xii) of this section for this designation but you must include this specific effect.)(viii) Immune system effects. (You may also use paragraph (g)(1)(xi) of this section for this designation but you must include this specific effect.)(ix) Developmental effects. (You may also use paragraph (g)(1)(xii) of this section for this designation but you must include this specific effect.)(x) May cause allergy or asthma symptoms or breathing difficulties if inhaled.(xi) May cause damage to organs (state all organs identified in subpart E of this part for this substance) through prolonged or repeated exposure.(xii) May damage fertility or the unborn child (state specific effect identified in subpart E of this part for this substance).(xiii) May cause an allergic skin reaction.(xiv) Causes eye irritation.(2) Human health hazard precautionary statements:(i) Avoid skin contact. (You may also use paragraph (g)(2)(vi) of this section for this designation.)(ii) Avoid breathing substance. (You may also use paragraph (g)(2)(viii) of this section for this designation.)(iv) Use respiratory protection. (You may also use paragraph (g)(2)(vii) of this section for this designation.)(v) Use skin protection. (You may also use paragraph (g)(2)(vi) of this section for this designation.)(vi) Wear protective gloves/protective clothing/eye protection/face protection. (Chemical manufacturer or distributor to specify type of equipment, as required.)(vii) Wear respiratory protection. (Chemical manufacturer or distributor to specify equipment as required.)(viii) Avoid breathing dust/fume/gas/mist/vapors/spray. (Chemical manufacturer or distributor to specify applicable conditions.)(3) Environmental hazard statements: This substance may be:(i) Toxic to fish. (You may also use paragraph (g)(3)(iii) of this section for this designation.)(ii) Toxic to aquatic organisms. (You may also use paragraph (g)(3)(iii) of this section for this designation.)(iii) Toxic to aquatic life.(4) Environmental hazard precautionary statements: Notice to users: (i) Disposal restrictions apply. (You may also use paragraph (g)(4)(iv) of this section for this designation.)(ii) Spill clean-up restrictions apply. (You may also use paragraph (g)(4)(iv) of this section for this designation.)(iii) Do not release to water. (You may also use paragraph (g)(4)(iv) of this section for this designation.)(iv) Dispose of contents/container to . . . (Specify disposal requirements in subpart E of this part and whether they apply to contents, container or both.)(5) Each human health or environmental hazard precautionary statement identified in subpart E of this part for the label on the substance container must be followed by the statement, "See SDS for details."(h)Human health, environmental hazard exposure and precautionary statements.(1) Whenever referenced in subpart E of this part for a substance, the following human health, environmental hazard, exposure, and precautionary statements shall appear on each label as specified in paragraph (b) of this section. Additional statements may be included as long as they are true and do not alter the meaning of the required statements. (i)Precautionary statements.(A) The health effects of this chemical substance have not been determined.(B) When using this substance, use skin protection.(C) Use respiratory protection when there is a reasonable likelihood of exposure in the work area from dust, mist, or smoke from spray application.(D) Chemicals similar in structure to this substance have been found to cause cancer in laboratory animals.(ii)Human health hazard statements.(A) Causes skin irritation.(B) Respiratory complications. (You may also use paragraph (h)(1)(ii)(J) of this section for this designation.)(C) Central nervous system effects. (You may also use paragraph (h)(1)(ii)(K) of this section for this designation but you must include this specific effect.)(D) Internal organ effects. (You may also use paragraph (h)(1)(ii)(K) of this section for this designation.)(E) Birth defects. (You may also use paragraph (h)(1)(ii)(L) of this section for this designation but you must include this specific effect.)(F) Reproductive effects. (You may also use paragraph (h)(1)(ii)(L) of this section for this designation but you must include this specific effect.)(H) Immune system effects. (You may also use paragraph (h)(1)(ii)(K) of this section for this designation but you must include this specific effect.)(I) Developmental effects. (You may also use paragraph (h)(1)(ii)(L) of this section for this designation but you must include this specific effect.)(J) May cause allergy or asthma symptoms or breathing difficulties if inhaled.(K) May cause damage to organs (state all organs identified in subpart E of this part for this substance) through prolonged or repeated exposure.(L) May damage fertility or the unborn child (state specific effect identified in subpart E of this part for this substance).(M) May cause an allergic skin reaction.(N) Causes eye irritation.(iii)Human health hazard precautionary statements. When using this substance:(A) Avoid skin contact. (You may also use paragraph (h)(1)(iii)(F) of this section for this designation.)(B) Avoid breathing substance. (You may also use paragraph (h)(1)(iii)(H) of this section for this designation.)(D) Use respiratory protection. (You may also use paragraph (h)(1)(iii)(G) of this section for this designation.)(E) Use skin protection. (You may also use paragraph (h)(1)(iii)(F) of this section for this designation.)(F) Wear protective gloves/protective clothing/eye protection/face protection. (Chemical manufacturer or distributor to specify type of equipment, as required.)(G) Wear respiratory protection. (Chemical manufacturer or distributor to specify equipment as required.)(H) Avoid breathing dust/fume/gas/mist/vapors/spray. (Chemical manufacturer or distributor to specify applicable conditions.)(iv)Environmental hazard statements.(A) Toxic to fish. (You may also use paragraph (h)(1)(iv)(C) of this section for this designation.)(B) Toxic to aquatic organisms. (You may also use paragraph (h)(1)(iv)(C) of this section for this designation.)(C) Toxic to aquatic life.(v)Environmental hazard precautionary statements. Notice to Users:(A) Disposal restrictions apply. (You may also use paragraph (h)(1)(v)(D) of this section for this designation)(B) Spill clean-up restrictions apply. (You may also use paragraph (h)(1)(v)(D) of this section for this designation)(C) Do not release to water. (You may also use paragraph (h)(1)(v)(D) of this section for this designation.)(D) Dispose of contents/container to . . . (Specify disposal requirements in subpart E of this part and whether they apply to contents, container or both.)(vi)Additional statements. Each human health or environmental precautionary statement identified in subpart E of this part for the label on the substance container must be followed by the statement, "See SDS for details."(2) Whenever referenced in subpart E of this part for a substance, the following human health, environmental hazard, exposure, and precautionary statements shall appear on each SDS as specified in paragraph (c) of this section. Additional statements may be included as long as they are true and do not alter the meaning of the required statements.(i)Precautionary statements.(A) The health effects of this chemical substance have not been determined.(B) When using this substance, use skin protection.(C) Use respiratory protection when there is a reasonable likelihood of exposure in the work area from dust, mist, or smoke from spray application.(D) Chemicals similar in structure to this substance have been found to cause cancer in laboratory animals.(ii)Human health hazard statements.(A) Causes skin irritation.(B) Respiratory complications. (You may also use paragraph (h)(2)(ii)(J) of this section for this designation.)(C) Central nervous system effects. (You may also use paragraph (h)(2)(ii)(K) of this section for this designation but you must include this specific effect.)(D) Internal organ effects. (You may also use paragraph (h)(2)(ii)(K) of this section for this designation.)(E) Birth defects. (You may also use paragraph (h)(2)(ii)(L) of this section for this designation but you must include this specific effect.)(F) Reproductive effects. (You may also use paragraph (h)(2)(ii)(L) of this section for this designation but you must include this specific effect.)(H) Immune system effects. (You may also use paragraph (h)(2)(ii)(K) of this section for this designation but you must include this specific effect.)(I) Developmental effects. (You may also use paragraph (h)(2)(ii)(L) of this section for this designation but you must include this specific effect.)(J) May cause allergy or asthma symptoms or breathing difficulties if inhaled.(K) May cause damage to organs (state all organs identified in subpart E of this part for this substance.) through prolonged or repeated exposure.(L) May damage fertility or the unborn child (state specific effect identified in subpart E of this part for this substance).(M) May cause an allergic skin reaction.(N) Causes eye irritation.(iii)Human health hazard precautionary statements.(A) Avoid skin contact. (You may also use paragraph (h)(2)(iii)(F) of this section for this designation.)(B) Avoid breathing substance. (You may also use paragraph (h)(2)(iii)(H) of this section for this designation.)(D) Use respiratory protection. (You may also use paragraph (h)(2)(iii)(G) of this section for this designation.)(E) Use skin protection. (You may also use paragraph (h)(2)(iii)(F) of this section for this designation.)(F) Wear protective gloves/protective clothing/eye protection/face protection. (Chemical manufacturer or distributor to specify type of equipment, as required.)(G) Wear respiratory protection. (Chemical manufacturer or distributor to specify equipment as required.)(H) Avoid breathing dust/fume/gas/mist/vapors/spray. (Chemical manufacturer or distributor to specify applicable conditions.)(iv)Environmental hazard statements.(A) Toxic to fish. (You may also use paragraph (h)(2)(iv)(C) of this section for this designation.)(B) Toxic to aquatic organisms. (You may also use paragraph (h)(2)(iv)(C) of this section for this designation.)(C) Toxic to aquatic life.(v)Environmental hazard precautionary statements. Notice to Users:(A) Disposal restrictions apply. (You may also use paragraph (h)(2)(v)(D) of this section for this designation.)(B) Spill clean-up restrictions apply. (You may also use paragraph (h)(2)(v)(D) of this section for this designation.)(C) Do not release to water. (You may also use paragraph (h)(2)(v)(D) of this section for this designation.)(D) Dispose of contents/container to . . . (Specify disposal requirements in subpart E of this part and whether they apply to contents, container or both.)(i)Written hazard communication program. Each employer shall develop and implement a written hazard communication program for the substance in each workplace in accordance with 29 CFR 1910.1200 .(j)Human health, environmental hazard, exposure, and precautionary statements. In addition to the requirements for the hazard communication program specified in paragraph (i) of this section, whenever referenced in subpart E of this part for a substance, the following human health and environmental hazard, exposure, and precautionary statements shall appear as specified in paragraph (i) of this section.(1) Human health hazard statements: (i) Causes skin irritation.(iii) Immune system effects.(iv) Developmental effects.(v) May cause allergy or asthma symptoms or breathing difficulties if inhaled.(vi) May cause damage to organs (state all organs identified in subpart E of this part for this substance) through prolonged or repeated exposure.(vii) May damage fertility or the unborn child (state specific effect identified in subpart E of this part for this substance).(viii) May cause an allergic skin reaction.(ix) Causes eye irritation.(2) Human health hazard precautionary statements:(ii) Wear protective gloves/protective clothing/eye protection/face protection. (Chemical manufacturer or distributor to specify type of equipment, as required.)(iii) Wear respiratory protection. (Chemical manufacturer or distributor to specify equipment as required.)(iv) Avoid breathing dust/fume/gas/mist/vapors/spray. (Chemical manufacturer or distributor to specify applicable conditions.)(3) Environmental hazard statements: This substance may be:(i) Toxic to aquatic life.(ii) Very toxic to aquatic life.(iii) Harmful to aquatic life.(iv) Very toxic to aquatic life with long term effects.(v) Toxic to aquatic life with long lasting effects.(vi) Harmful to aquatic life with long lasting effects.(vii) May cause long lasting harmful effects to aquatic life.(4) Environmental hazard precautionary statements: Notice to users:(i) Avoid release to the environment (if this is not the intended use.)(iii) Dispose of contents/container to . . . (Specify disposal requirements in subpart E of this part and whether they apply to contents, container or both.)54 FR 31308, July 27, 1989, as amended at 55 FR 45996, Oct. 31, 1990; 58 FR 34204, June 23, 1993; 87 FR 39766, July 5, 2022