Occupational Safety Health Act (OSHA)

OSHA REGULATIONS

This information has been developed for the Cosmetology Profession and is designed for simplicity and ease. Please follow the instructions.

1. You must have the poster displayed in the break room or some area where your employees will be likely to see it at all times.

2. Contact the manufacturers of all the products you are presently using or plan to use. Ask for the MATERIAL SAFETY DATA SHEETS (MSDS) for each product. Most manufacturers have 800 numbers. Simply call and request the sheets you need. They will be more than happy to help you come into compliance. Once you have obtained these sheets, put them in a three ring binder. You can have the binder set up any way you wish, as long as you and your staff understand how it is arranged. Example, put the entire perm together, all of the color products, etc. Or you can have it sectioned by manufacturer (Matrix, Redken, etc.). However you decide to arrange your manual is entirely up to you. Just remember, it will do you no good if you and your staff find it hard to understand.

3. You must have a training session with your staff. Everyone has to understand his or her rights and be able to use the OSHA Material Safety Data Sheet Notebook. This training must be done when you hire a new employee or with existing employees upon establishing your program. You must conduct annual training to keep employees aware of changes that may affect them. This training can be done during a salon meeting. The important factor is that everyone knows their rights and be able to find help when it is needed.

4. Products, such as colors, perms, etc., must be labeled. This again can be done in any way you choose. You can label the shelf where you store your products, you can color code the products, such as blue for perms, red for colors, etc., or you can label each product. Obviously, the easiest way is the best. Find a way that is comfortable for you and your staff.

5. Any time you pour product into a different container, that container must be marked.

6. Be sure to include cleaning products when establishing your program.

7. Your MATERIALS SAFETY DATA SHEETS must be saved for at least 30 years.

A REGULATORY COMPARISON

(1.) Sectors of Industry Covered.

Florida's Right-to-Know Law presently covers employers in both the public and private sectors. The expanded Federal Hazard Communication Standard (HAZ-COM) presently covers all manufacturing, construction, and non-manufacturing industries in the private sector only.

(2). Post Notice of Employees Rights.

Florida's Right-to-Know Law requires a standard notice to be posted in workplaces where toxic substances are present. This notice alerts employees of the presence of such materials and instructs the employees as to what their rights are under Florida's Law. It also lists the phone number of the Toxic Substances Information Center where they may obtain more information about the law or have specific questions answered concerning chemicals. HAZ-COM does not require any such notice.

(3). Initial Employee Training.

Where employees may be exposed to hazardous materials in the workplace, Florida's Right-to-Know Law allows employers to train employees within the first 30 days of employment. HAZ-COM requires training of employees at the time of initial assignment in the workplace.

(4). Annual Employee Training.

Florida's Right-to-Know Law requires annual training of employees. This helps keep employees up to date with changing information concerning the materials with which they work. It also refreshes employee safety practices. HAZ-COM requires employee training whenever a new hazard is introduced into their work area.

(5). Product Labeling.

Florida's Right-to-Know Law has no container labeling requirements. HAZ-COM requires every container of hazardous chemicals in the workplace to have identification as to what substance it contains, including any appropriate hazard warnings. This includes all salon products, especially those poured into a different container.

(6). Material Safety Data Sheets (MSDS).

Both laws require material safety data sheets to be readily accessible in the workplace and that every product has its own MSDS

(7). Retention of MSDS's for at least 30 years.

Florida's Right-to-Know Law requires employers to keep MSDS's for at least 30 years. HAZ-COM does not have this provision.

(8). Provides Assistance to Employers in Acquiring MSDS's.

Florida's Right-to-Know Law has a Toxic Substances Information Center (TSIC) to assist commercial employers when a MSDS for a hazardous material cannot be obtained from the vender or product supplier. HAZ-COM places the ultimate responsibility of obtaining MSDS's solely on the employer.

(9). Ability to Furnish Employers with MSDS's if Not Available From Other Sources.

In cases where the MSDS is unavailable from any other source, the Toxic Substances Information Center (TSIC) has the responsibility to assist employers in obtaining missing or supplemental chemical information required for compliance of the Law. Although it is a requirement to provide a MSDS for each hazardous chemical in the workplace, HAZ-COM does not provide assistance in obtaining them.

(10). Employee’s Right to Obtain MSDS.

Florida's Right-to-Know Law gives employees the right to obtain and examine a copy of the MSDS for those toxic substances present in the workplace. HAZ-COM only requires that MSDS information be readily accessible and available in the workplace but does not allow employees the right to take copies of the MSDS's out of the workplace.

(11). Employee's Right to Refuse to Work.

Under Florida's Right-to-Know Law, if an employee has made a written request for a MSDS and it has not been provided to the employee within five or 10 working days, as the case may be, then the employee has the right to refuse to work with that substance until the MSDS is furnished. HAZ-COM does not have this provision.

(12). Employee's Right to File Cause of Action Civil Suit if Discriminated Against.

Florida's Right-to-Know Law allows employees to personally file civil suits against their employers who discriminate against them for exercising their rights under this law. HAZ-COM does not provide for personal civil suits but employees may file a discrimination suit through the Occupational Safety and Health Administration (OSHA) as an administrative recourse.

(13). Gives Chemical Information to Employers, Employees, and the Public thru Toll Free Lines.

The Toxic Substances Information Center (TSIC) was created by Florida's Right-to-Know Law to assist employers and employees in obtaining information on the nature of hazards of chemical exposures. Any resident of the State of Florida can call the TSIC and request further detail or additional information, which may be beyond the scope of a MSDS. HAZ-COM does not provide a resource service for chemical information.

(14). Advisory Council; Private Sector Representatives Advise the Secretary on Changes to the Law and List.

The Advisory Council, created by the Right-to-Know Law, advises the Secretary of additions or deletions to the Florida Substances List. They also advise the Secretary on possible changes to the Law that will better serve the intent of Right-to-Know legislation. Since it is made up of representatives from the private sector, the Department receives valuable advice as to how the industry can be served by this Law.

(15). Requires Employers to Notify Local Fire Departments about Hazardous Materials.

Every workplace covered under the Florida Right-to-Know Law is required to supply their local fire department with a list and location of the hazardous materials, which are present in the workplace. This information has proved very useful when fire fighters or emergency medical personnel respond to incidences involving uncontrolled chemical releases. Information on the presence and location of hazardous materials allow fire fighters to determine what equipment must be used, how clean-up operations should be conducted, and whether area evacuations are indicated. HAZ-COM does not have this provision.

(16). Public School Notification of Hazardous Materials by Contractors.

In Florida, contractors who bring hazardous materials for the construction, repair, or maintenance of public school facilities are required to supply the school's superintendent with a MSDS on each substance brought into the school.

(17). Enforcement by State Officials.

The Department of Labor and Employment Security has enforcement authority over the Right-to-Know Law as a whole.

THE FLORIDA RIGHT-TO-KNOW LAW

The Law covers employers (generally those covered by the Worker's Compensation Law) who use or store any listed toxic substance in the workplace. The Law is directed at two concerns: Worker's right-to-know about the hazardous toxic substances to which they are exposed in the course of their employment, and notification to fire departments, emergency medical providers, and law enforcement agencies with a list of work areas where toxic substances are present. Employers are required to provide training for their current employees by October 1, 1985, and at least annually thereafter. For employees hired thereafter, employers are required to provide training within 30 days of employment and at least annually.

The chemical manufacturer is responsible for supplying you with a complete Material Safety Data Sheet (MSDS). A trade secret may be obtained by a health professional, if deemed necessary.

A. Employer Responsibility

1. Obtain an inventory of all chemicals used or stored in the workplace

2. Maintain and make readily available to employees, a Material Safety Data Sheet (MSDS) on each toxic substance used or stored in the workplace.

3. Maintain MSDS's for 30 years.

4. Post a notice informing employees of the right under the law.

5. To provide emergency response personnel with a list of work areas where toxic substances are present.

6. Employee training.

B. Training Requirements

The information must be relayed to the employees in non-technical language and may be either in written form or in training programs. It will be the responsibility of the training staff to incorporate the following in the training programs:

1. Employee rights under the law.

2. Chemical names and any common name of the chemicals to which an employee may be exposed.

3. Location of the substance in the workplace.

4. Proper safe handling of the chemicals.

5. Health effects of the chemicals as described in MSDS's.

6. Procedures for cleanup of chemical leaks and spills.

7. The potential for flammability, explosion, and reactivity of chemicals.

8. How to read and understand a Material Safety Data Sheet.

In summary, workers enjoy the following rights under the Right-to-Know program:

1. The right to know the identity of the toxic substances to which they are (or may be) exposed in the course of their employment.

2. Any health or fire hazards associated with the use of these substances; primary routes to entry into the body, symptoms of overexposure, spill and cleanup.

3. The right to training, within the first 30 days of employment, and annually thereafter, proper and safe handling techniques, and emergency procedures and treatment.

4. The right to obtain additional information about the properties and hazards of toxic substances from the Department of Labor and Employment Security. The employee may contact the Toxic Substance Information Center via toll-free number (800-367-4378).

5. The right to refuse to work with a substance if the specified information is not provided within five working days after filing a written request.

6. The right to protection under the law against discharge, discipline, or discrimination, including loss of pay, position, seniority or other benefits, as a result of the exercise of any right provided by the law.