HazCom Simplification and Modernization Act of 2005 - Directs the Secretary of Labor to develop model material safety data sheets for the list of highly hazardous chemicals contained in Appendix A to the Process Safety Management of Highly Hazardous Chemicals standard published in the Code of Federal Regulations. Sets forth requirements for these model material safety data sheets.
Establishes a Global Harmonization Commission to: (1) consider the implementation of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals to improve chemical hazard communication; and (2) make recommendations to Congress.
Amends requirements for training and employee education under the Occupational Safety and Health Act of 1970 to direct the Secretary to award demonstration project grants to develop, implement, or evaluate strategies or programs to improve chemical hazard communication in the workplace through the use of technology.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2067 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2067
To assist chemical manufacturers and importers in preparing material
safety data sheets pursuant to the requirements of the Hazard
Communication standard and to establish a Commission to study and make
recommendations regarding the implementation of the Globally Harmonized
System of Classification and Labeling of Chemicals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2005
Mr. Enzi (for himself, Mrs. Murray, Mr. Isakson, Mr. Burr, Mr.
Sessions, and Mr. Gregg) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To assist chemical manufacturers and importers in preparing material
safety data sheets pursuant to the requirements of the Hazard
Communication standard and to establish a Commission to study and make
recommendations regarding the implementation of the Globally Harmonized
System of Classification and Labeling of Chemicals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HazCom Simplification and
Modernization Act of 2005''.
SEC. 2. PURPOSE.
It is the purpose of this Act to assist chemical manufacturers and
importers in preparing material safety data sheets pursuant to the
requirements of the Hazard Communication standard published at section
1910.1200 of title 29, Code of Federal Regulations, and the Hazard
Communication standard published at part 47 of title 30, Code of
Federal Regulations, and to improve the accuracy, consistency, and
comprehensibility of such material safety data sheets and to establish
a Commission for the purpose of studying and making recommendations
regarding the implementation of the United Nations' Globally Harmonized
System of Classification and Labeling of Chemicals.
SEC. 3. HAZARD COMMUNICATION.
(a) In General.--
(1) Model material safety data sheets for highly hazardous
chemicals.--The Secretary of Labor shall develop model material
safety data sheets for the list of highly hazardous chemicals
contained in Appendix A to the Process Safety Management of
Highly Hazardous Chemicals standard published at section
1910.119 of title 29, Code of Federal Regulations. Such model
material safety data sheets shall--
(A) comply with the requirements of the Hazard
Communication standard published at section 1910.100 of
such title 29 and the Hazard Communication standard
published at part 47 of title 30, Code of Federal
Regulations;
(B) be presented in a consistent format that
enhances the reliability and comprehensibility of
information about chemical hazards in the workplace and
protective measures; and
(C) be made available to the public, including
through posting on the Occupational Safety and Health
Administration's website and the Mine Safety and Health
Administration's website, within 18 months after the
date of enactment of this Act.
(2) Construction.--Nothing in this subsection shall be
construed to--
(A) modify or amend the Hazard Communication
standard published at section 1910.1200 of title 29,
Code of Federal Regulations, the Process Safety
Management of Highly Hazardous Chemicals standard
published at section 1910.119 of such title 29, the
Hazard Communication standard published at part 47 of
title 30, Code of Federal Regulations, or any other
provision of law; and
(B) authorize the Secretary of Labor to include in
the model material safety data sheet developed under
this subsection any suggestion or recommendation as to
permissible or appropriate workplace exposure levels
for these chemicals, except as required by the Hazard
Communication standard published at section 1910.1200
of such title 29, and the Hazard Communication standard
published at part 47 of title 30, Code of Federal
Regulations.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Labor such sums as may
be necessary to carry out this subsection.
(b) Globally Harmonized System Commission.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, there shall be established a
commission, to be known as the Global Harmonization Commission
(referred to in this subsection as the ``Commission''), to
consider the implementation of the United Nations Globally
Harmonized System of Classification and Labeling of Chemicals
to improve chemical hazard communication and to make
recommendations to Congress.
(2) Membership.--The Commission shall be composed of 17
members of whom--
(A) 1 shall be the Secretary of Labor (referred to
in this Act as the ``Secretary'');
(B) 1 shall be the Secretary of Transportation;
(C) 1 shall be the Secretary of Health and Human
Services;
(D) 1 shall be the Administrator of the
Environmental Protection Agency;
(E) 1 shall be the Chairman of the Consumer Product
Safety Commission;
(F) 1 shall be the Chairman of the Chemical Safety
and Hazard Investigation Board (or his or her
designee);
(F) 11 shall be appointed by the Secretary of
Labor, of whom--
(i) 2 shall be representatives of
manufacturers of hazardous chemicals, including
a representative of small businesses;
(ii) 2 shall be representatives of
employers who are extensive users of hazardous
chemicals supplied by others, including a
representative of small businesses;
(iii) 2 shall be representatives of labor
organizations;
(iv) 2 shall be individuals who are
qualified in an occupational health or safety
field by an organization whose program has been
accredited by a nationally recognized private
accreditation organization or by the Secretary,
who have expertise in chemical hazard
communications;
(v) 1 shall be a representative of mining
industry employers;
(vi) 1 shall be a representative of mining
industry employees; and
(vii) 1 shall be a safety and health
professional with expertise in mining.
(3) Chair and vice-chair.--The members of the Commission
shall select a chair and vice-chair from among its members.
(4) Duties.--
(A) Study and recommendations.--The Commission
shall conduct a thorough study of, and shall develop
recommendations on, the following issues relating to
the global harmonization of hazardous chemical
communication:
(i) Whether the United States should adopt
any or all of the elements of the United
Nation's Globally Harmonized System of
Classification and Labeling of Chemicals
(referred to in this subsection and the
``Globally Harmonized System'').
(ii) How the Globally Harmonized System
should be implemented by the Federal agencies
with relevant jurisdiction, taking into
consideration the role of the States acting
under delegated authority.
(iii) How the Globally Harmonized System
compares to existing chemical hazard
communication laws and regulations, including
the Hazard Communication standard published at
section 1910.1200 of title 29, Code of Federal
Regulations and the Hazard Communication
standard published at part 47 of title 30, Code
of Federal Regulations.
(iv) The impact of adopting the Globally
Harmonized System on the consistency,
effectiveness, comprehensiveness, timing,
accuracy, and comprehensibility of chemical
hazard communication in the United States.
(v) The impact of adopting the Globally
Harmonized System on occupational safety and
health in the United States.
(vi) The impact of adopting the Globally
Harmonized System on tort, insurance, and
workers compensation laws in the United States.
(vii) The impact of adopting the Globally
Harmonized System on the ability to bring new
products to the market in the United States.
(viii) The cost and benefits of adopting
the Globally Harmonized System to businesses,
including small businesses, in the United
States.
(ix) How effective compliance assistance,
training, and outreach can be used to help
chemical manufacturers, importers, and users,
particularly small businesses, understand and
comply with the Globally Harmonized System.
(B) Report.--Not later than 18 months after the
date of enactment of this Act, the Commission shall
submit to the appropriate committees of Congress a
report containing a detailed statement of the findings
and conclusions of the Commission, together with its
recommendations for such legislation as the Commission
considers appropriate.
(5) Powers.--
(A) Hearings.--The Commission shall hold at least
one public hearing, and may hold additional hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this section. The
Commission shall, to the maximum extent possible, use
existing data and research to carry out this section.
(B) Information from federal agencies.--The
Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out this section. Upon
request by the Commission, the head of such department
or agency shall promptly furnish such information to
the Commission.
(C) Postal services.--The Commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of
the Federal Government.
(6) Personnel matters.--
(A) Compensation; travel expenses.--Each member of
the Commission shall serve without compensation but
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(B) Staff and equipment.--The Department of the
Labor shall provide all financial, administrative, and
staffing requirements for the Commission including--
(i) office space;
(ii) furnishings; and
(iii) equipment.
(7) Termination.--The Commission shall terminate on the
date that is 90 days after the date on which the Commission
submits the report required under paragraph (3)(B).
(8) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Labor, such sums as may
be necessary to carry out this subsection.
(c) Hazard Communication Demonstration Projects.--
(1) In general.--Section 20(a) of the Act (29 U.S.C.
670(a)) is amended by adding at the end the following:
``(8) Subject to the availability of appropriations, the Secretary,
after consultation with others, as appropriate, shall award grants to
one or more qualified applicants in order to carry out a demonstration
project to develop, implement, or evaluate strategies or programs to
improve chemical hazard communication in the workplace through the use
of technology, which may include electronic or Internet-based hazard
communication systems.''.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the amendment made by paragraph (1).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13370-13371)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S13375-13376)
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