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OSHA 1917.28

Hazard communication requirements

Subpart B

11 Questions & Answers
10 Interpretations

Questions & Answers

Under 1917.28 (Hazard communication), does the marine terminals standard contain hazard communication regulatory text employers must follow?

No — the 1917.28 entry was revised and its regulatory text removed; employers should consult the applicable hazard communication requirements and the scope/exceptions in Part 1917. See 1917.28 for the editorial note and see 1917.1(a)(2)(vi) for how Part 1917 addresses applicability and referenced exceptions.

Under 1917.28 (Hazard communication), where should a marine terminal employer look to find the active hazard communication rules that apply to their workplace?

You should look to the general Part 1917 scope and the applicable hazard communication standards referenced by Part 1917 and other parts of OSHA rules. Check 1917 for Part 1917 scope and see the specific applicability language at 1917.1(a) and 1917.1(a)(2) to determine which OSHA standards apply to your operations.

Under 1917.28 (Hazard communication), must employers keep material safety data sheets (MSDSs) or safety data sheets (SDSs) for chemicals purchased before 1985?

No — employers are not legally required to obtain MSDSs for chemicals purchased prior to 1985 if none were ever provided, but if MSDSs were voluntarily obtained they should be kept and made available. OSHA explained this in the MSDS interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1995-10-06-0, which states that manufacturing employers were not legally required to obtain and maintain MSDSs for pre-1985 chemicals but that voluntarily maintained MSDSs are useful and should be available to employees.

Under 1917.28 (Hazard communication), if a chemical's manufacturer no longer supports or sells the product, is an employer required to keep a paper MSDS/SDS or is other documentation acceptable?

You should document your effort to obtain the MSDS/SDS; a filed letter or documented phone call showing the chemical is no longer supported by the manufacturer is acceptable. OSHA's MSDS interpretation explains that if a manufacturer no longer sells or supports a chemical, documentation of that fact (for example, a phone call or written record) suffices instead of the unavailable MSDS, and employers should retain any voluntarily obtained MSDSs as exposure records; see 1995 MSDS LOI.

Under 1917.28 (Hazard communication), does Part 1917 apply to a "designated waterfront facility" used only for bulk storage and transfer of liquids or gases?

Not necessarily — OSHA has advised that Part 1917's specific requirements do not apply to certain designated waterfront facilities used solely for bulk storage, handling, and transfer of liquids or gases; employers should check the Part 1917 scope language. See OSHA's interpretation on applicability to waterfront facilities at https://www.osha.gov/laws-regs/standardinterpretations/2017-05-31 and review the Part 1917 scope at 1917.1(a).

Under 1917.28 (Hazard communication), are MSDSs/SDSs considered employee exposure records that must be maintained and made available?

Yes — MSDSs/SDSs that exist and are relevant to employee exposures are considered exposure records and should be maintained and made available to employees. OSHA's 1995 MSDS interpretation states that voluntarily obtained MSDSs are valuable and fall within the concept of "exposure records," so employers should keep and provide them when requested; see https://www.osha.gov/laws-regs/standardinterpretations/1995-10-06-0.

Under 1917.28 (Hazard communication), can an employer in a marine terminal use a strobe light instead of, or in addition to, a forklift audible backup alarm?

Yes — installing a strobe light in addition to an audible alarm is permitted provided the modification complies with Part 1917 equipment provisions and any required approvals are obtained and operators are re-evaluated or retrained as needed. OSHA's strobe light interpretation explains that in marine terminals modifications that might affect vehicle safety require manufacturer or qualified engineer approval and that adding a strobe (in addition to the alarm) is allowed if approved; see https://www.osha.gov/laws-regs/standardinterpretations/2004-12-21-0 and check Part 1917 general provisions at 1917.

Under 1917.28 (Hazard communication), does the employer have to pay for personal protective equipment (PPE) used because of chemical hazards in marine terminals?

Yes — employers generally must pay for required PPE, subject to the payment rule and limited exceptions; OSHA's payment interpretation addresses acceptable employer payment methods. OSHA's guidance on employer payment for PPE (which covers Part 1917 among other parts) explains that employers are required to pay for PPE they require, though certain narrowly defined exceptions exist and deposit systems are allowed if they don't result in a net cost to the employee; see https://www.osha.gov/laws-regs/standardinterpretations/2014-11-13 and consult 1917 for Part 1917 coverage.

Under 1917.28 (Hazard communication), if a crane operator may become incapacitated while handling suspended loads, can the operator leave the controls and come back later?

No — an operator who becomes unable to safely complete the operation must not leave the controls while a load is suspended; the employer must ensure operators are physically able to perform assigned tasks without unscheduled interruption. OSHA's crane operator medical condition interpretation states that employers must ensure the assigned operator can complete the lift and that leaving the controls while a load is suspended is not acceptable; see https://www.osha.gov/laws-regs/standardinterpretations/2013-09-13.

Under 1917.28 (Hazard communication), are safety latches required on sling hooks used in marine terminal cargo handling?

Hooks used in marine terminal crane operations must be latched or otherwise secured to prevent accidental load disengagement where the application requires it. OSHA's interpretation on safety latches explains that whether a latch is required depends on the lifting application and cites marine-terminal requirements that "Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement." See the discussion in https://www.osha.gov/laws-regs/standardinterpretations/2006-01-10-0 and review Part 1917 provisions at 1917.

Under 1917.28 (Hazard communication), is it acceptable to use compressed air to clean personnel or clothing in marine terminal operations?

No — using compressed air for cleaning personnel is generally not permitted without pressure reduction, effective chip guarding, and appropriate PPE; maritime provisions explicitly prohibit compressed-air cleaning of personnel. OSHA's interpretation addressing compressed air notes that compressed air used for cleaning must be reduced below 30 psig and used only with effective chip guarding and PPE, and that the maritime standard 1917.154 explicitly prohibits compressed-air cleaning of personnel; see https://www.osha.gov/laws-regs/standardinterpretations/1994-01-14 and review Part 1917 at 1917.