I always cringe when someone asks me what I do for work. Not because I dislike my job (in fact, I’m one of the few people I know who truly enjoys their work) but because it’s so complicated to explain what I do! Sure, I could simply say I’m a Regulatory Specialist and let them stare at me blankly and try to figure out what that means, but they usually expect more of an explanation.

After going through the explanation for a new acquaintance yesterday, I got to thinking that many of our customers may not know exactly what ICC’s Regulatory Specialists do either. Some of my “regular” customers only deal with one aspect of my expertise, and are often surprised when they learn how many hats I really wear on a regular basis. After 8 years on the job, I have collected many responsibilities to keep me on my toes.

1. Training – One of the main duties of the Regulatory Specialist (RS) at ICC is to deliver training classes to our customers. For me, this includes the US 49CFR Hazmat regulations, the IATA Dangerous Goods Regulations and the IMDG Code. These classes can take place at our training centers, the customer’s facility, a hotel, or even via an online webinar. Not only do we conduct the training, but we also develop the presentations and quizzes that are used. We have to ensure that all of the information is accurate, up to date and gives the attendees enough information so that they can follow along and learn how to use the applicable regulations.
2. MSDS – Lately, my main focus has been related to our MSDS services. We provide expertise on MSDS reviews, reformatting and authoring for many areas of the world. Currently, I am able to complete work for the US and Canada but will hopefully be able to add the European Union to my knowledge base soon. With the impending OSHA Hazcom standard update to the Globally Harmonized System (GHS), I have been preparing myself for the changes that are going to take place. Writing an MSDS is no simple task, there is research involved, as well as interpretation of the information once it is found. There isn’t a simple “formula” that can be applied to spit out a finished MSDS. Sometimes it’s difficult to explain why a 6 page document can take several weeks to complete.
3. Help Desk – We pride ourselves on our customer service at ICC. One of the things that sets us apart from the competition is our regulatory help desk. If our customers have questions related to the regulations and how they apply to their products, they can call and speak to a regulatory specialist to set them straight. I have reviewed shipping documents, assisted in packaging selection, clarified requirements, spoken to carriers and provided help in countless other ways. Many customers that I have built relationships through the years love having the “phone a friend” option to fall back on when they get stuck, confused or completely lost with the regulations.
4. Internal Education – Just as our customers rely on our expertise, our coworkers come to us when they have questions. Whether it’s a customer relations associate who wants to know about a new label that we offer, our packaging specialist needing advice on a new design, or a business development manager who needs a unique solution for a customer, we get ideas and problems bounced off of us on a regular basis.
5. Product Development and Review – As regulations change, so do the products that we offer. The regulatory specialists are involved in ensuring that all new products meet the applicable regulations. In addition, when an existing product has to be reprinted or remanufactured, we perform a review to make sure that there are no regulatory changes necessary. We also review our existing products as the regulations change.

All of these tasks keep me busy and make every day at the office different. I have learned a lot since my first days at ICC, and there is still more to add. Even this list is not complete; there are always those miscellaneous requests and tasks that come across my desk. All in a day’s work for this regulatory specialist!

The new Globally Harmonized System of Classification and Labeling (GHS) is now ready for worldwide implementation. Many countries have already adopted the GHS, while the USA and Canada are just beginning the task of harmonizing existing regulatory regimes within the GHS framework. Whereas the question on most people’s minds these days is “When will GHS be implemented?” concern should focus on how GHS will affect our commerce and safety in our workplaces. Target audiences for the GHS include consumers, workers, and emergency responders. GHS will benefit these folks. Though for the employer or Environmental, Health & Safety (EHS) Manager, once you’ve educated yourself in GHS principles, expect to spend much time sifting through the data needed to correctly categorize chemicals and their mixtures per the new GHS criteria. You should also expect to spend much money and time applying new GHS labels to chemical containers, reformat existing MSDSs to the sixteen sections Safety Data Sheet (SDS) and retrain workers how to interpret GHS hazard information. Do not expect a GHS shift to magically make your workplace safer, since GHS is not intended to harmonize risk assessment procedures or risk management. This gradual process of GHS assimilation should however eventually help in the decisions process.

The advantage of GHS is the way it identifies the intrinsic hazards found in chemical substances and mixtures and conveys this hazard information through a standardized use of statements, symbols and signal words on labels and SDSs. GHS labels include product identifier, signal word (DANGER or WARNING), hazard and precautionary statements with associated pictograms and supplier identification. This is a vast improvement over existing systems in North America. The jurisdictional agency responsible for GHS implementation, OSHA or Health Canada, may opt to include risk phrases, first-aid procedures, and a reference to the SDS. Health Canada may further opt to maintain the distinctive hatched border that is mandatory for a WHMIS supplier label. Yes, this additional information is good and important for enhanced occupational health and safety. Though for the average user, it may be so overwhelming that it will be simply ignored.

The GHS SDS is also a vast improvement over existing MSDS formats in North America. The American National Standards Institute (ANSI) MSDS standard (ANSI Z400.1-2004) was modified to adopt the GHS 16-section SDS format. For the first time since the introduction of the Hazard Communication Standard (HCS), or Workplace Hazardous Materials Information System (WHMIS), there will be a standardized format. Users will always be able to locate the information they need in the same section on every SDS. However, the GHS SDS will contain additional technical data, making it a document written by technical professionals for technical professionals. It is doubtful that it will be read by the average workplace employee even though it contains important information to protect human health and safety.

GHS classifications are criteria based. GHS criteria are semi-quantitative or qualitative, and “expert judgment may also be required in interpreting data for hazard classification of substances, especially where weight of evidence determinations are needed.” There are 16 classes based on physical hazards, 10 based on health hazards, and 2 based on environmental hazards. These classes are further divided into ranking categories that represent varying severity of hazard. A Category 1 in GHS represents most severe, or worst, case. So if in your workplace you rank risks using either the traditional Hazardous Materials Identification System (HMIS®), or the National Fire Protection Association (NFPA) NFPA 704 system, or both, then prepare yourself for ranking discrepancy and confusion in the workplace. As example, compare this ranking for flammability.

When GHS is finally adopted by OSHA, then by Health Canada, be sure these agencies will implement performance based standards. As an employer or EHS Manager, whether you are looking forward to the new challenges that GHS will confront you with or not, it still remains that a successful and functional workplace safety program is based on six principles:

• All injuries and occupational illnesses can be prevented
• Safety is a line-management responsibility
• All construction and operating exposures can be reasonably safeguarded
• Line management has a responsibility to train all employees to work safely
• Preventing injuries and incidents is good business
• Working safely is a condition of employment

For more information about GHS, news and updates, check out this link.

In January 2011, OSHA proposed that in August of this year, they would publish the final rule to align the current Hazard Communication Standard (HCS) with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The more recent DOL Spring semi-annual regulatory agenda released in June revisits the scheduling of the release of the HCS revision to an unspecified date in September of this year. September has now come and gone, and we are still without a final rule from OSHA.

This leads to the question of “If not now, then when?”. It is probably a safe assumption that OSHA’s lack of implementation of GHS to date will be a major topic of discussion at the October 1st – 5th Society for Chemical Hazard Communication (SCHC) fall conference in Washington, DC. Many health and safety professionals, myself included, will be impatiently waiting for word of a revised deadline.

At ICC, we have been preparing for the new requirements so that we are ready when OSHA is. Updates and products related to GHS can be found on our website at: http://www.thecompliancecenter.com/regulations/ghs.htm

Most people have seen, at one time or another, ads for new children’s products or household/personal use products on the television, or online, with what appears to be an ‘amazing’ deal… those famous ‘limited time offers’ with the amazing deal to ‘purchase now and you’ll get two products for the price of one’.Shoppers need to keep in mind that it’s not always just about the ‘deal’.

When shopping online or via mail, shoppers need to keep in mind that some products may be prohibited in your home country and others still may have special safety requirements that are actually more strict than the safety requirements for the same product in other countries. The more you know about the health, environmental and user risks of the product you are about to purchase, the better you can protect the health and stability of both you and your family. If you do not practice responsible shopping, you can end up putting yourself and your family into some sticky situations.

One example of the consequences of not practicing responsible shopping is during the purchase of a children’s car seat in Canada. Perhaps you’ve seen an ad online for a really good deal on a car seat that is coming from the United States and you happen to live in Canada. Car seats for children are regulated by both Health Canada and Transport Canada, and must pass safety requirements specifically for Canada, which are not the same as those in the United States or any other country. Transport Canada on their website indicates the following warning with regards to purchasing car seats outside of Canada:

The use of non-compliant child seats may not only jeopardize children’s safety and pose a serious danger to the public, but it may also result in repercussions such as:

• Confiscation of the seat at the border or after it has entered Canada;
• Fines and/or demerit point penalties;
• Reduced or voided insurance coverage for injury or death; and
• Possible criminal charges and/or civil litigation

Additionally, if the seat is purchased outside of Canada and a recall notice is issued, the parent or caregiver may not be informed of the recall or have recourse against the manufacturer.

That online purchase of a car seat outside of Canada could open you and your family up to issues that you hadn’t even thought of, in the case of an accident.

Some tips for responsible shopping:

-       Check your individual country’s government websites for recalled products and hazard alerts before you buy.  Most government websites, particularly in Canada and the United States, issue country wide consumer product recalls and/or hazard alerts for unsafe products.   

-       Become familiar with your government’s websites for tips on safe consumer product use, aside from recall notices.

-       Ask.  Talk to or email the company/person you are going to purchase a product from and ask them if the product is in compliance with your country’s rules and regulations. If they are unsure, or they indicate that they do not ship the product to your country, that will give you a good clue there may be some sort of issue.

-       Read the label!  There are different types of labeling required for different consumer products in most countries. If you have made yourself familiar with your Government’s tips for safe consumer product use, then sometimes a label will give you obvious information on whether the product is in compliance with your country’s requirements (e.g. special symbols on some Canadian consumer chemical products).

For further information on tips for safe consumer product use, please consult the following websites:

Government of Canada, Healthy Canadians:

http://www.healthycanadians.gc.ca/init/hazards-risques-eng.php

United States Consumer Product Safety Commission:

http://www.cpsc.gov/

On September 13, 2011, PHMSA published the current 180-day special permit application list in the Federal Register. Under 49 U.S.C. 5117(c), PHMSA is required to give notice to the public of Special Permit applications which have been under review for issuance or renewal for longer than 180 days. The list includes initial Special Permit applications as well as modification, renewal, and party status requests. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. The full notice can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-22942.pdf

PHMSA also published HM-244D, a corrections document in the September 13, 2011 Federal Register. PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical errors, outdated addresses or other contact information, and similar errors. In the final rule, PHMSA is correcting typographical errors, incorrect CFR references and citations, inconsistent use of terminology, misstatements of certain regulatory requirements, inadvertent omissions of information and outdated transition dates. The full Final Rule can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-23167.pdf