8.3 HAZCOM, PPE & Environmental Permits

HAZCOM, PPE & Environmental Permits

OSHA Hazard Communication Standard (HAZCOM & GHS)

The OSHA Hazard Communication Standard for Construction (29 CFR 1926.59, referencing 29 CFR 1910.1200) is known as the "Right-to-Know" law, updated to the "Right-to-Understand" through alignment with the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Mandatory Written HAZCOM Program

General contractors must establish, implement, and maintain a written jobsite Hazard Communication program. Key elements include:

1. Chemical Inventory List: A complete listing of all hazardous chemicals present on the construction jobsite (e.g., solvents, concrete additives, adhesives, fuels, silica dust).
2. Container Labeling: All primary and secondary containers must feature GHS-compliant labels displaying product identifiers, signal words ("DANGER" for severe hazards, "WARNING" for less severe hazards), hazard statements, precautionary statements, and GHS hazard pictograms.
3. Safety Data Sheets (SDS): Standardized 16-section technical documents detailing chemical hazards and protective measures. SDSs must be readily accessible to employees in their work area during every work shift.
4. Employee Training: Initial training prior to chemical exposure and retraining whenever a new chemical hazard is introduced.

The 16-Section Standardized SDS Format

Under GHS, every Safety Data Sheet follows a mandatory 16-section structure:

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Personal Protective Equipment (PPE) Requirements (29 CFR 1926 Subpart E)

OSHA requires general contractors to assess jobsites, eliminate hazards through engineering and administrative controls where feasible, and provide appropriate Personal Protective Equipment (PPE).

Key Subpart E Provisions

• Employer Cost Mandate: Contractors must provide all required protective equipment to workers at zero cost, with minor exceptions for non-specialized safety-toe footwear or prescription safety eyewear that workers can wear off the jobsite.
• Head Protection (29 CFR 1926.100): Protective hard hats meeting ANSI Z89.1 standards are mandatory wherever potential for head injury from falling/flying objects or electrical shock exists.
• Eye & Face Protection (29 CFR 1926.102): Safety glasses or face shields meeting ANSI Z87.1 must be worn during cutting, grinding, chipping, welding, or handling hazardous chemicals.
• Hearing Protection (29 CFR 1926.52): Mandatory whenever noise levels exceed 90 dBA as an 8-hour Time-Weighted Average (TWA). (At 95 dBA, allowable exposure drops to 4 hours; at 100 dBA, to 2 hours).

Respiratory Protection & Respirable Crystalline Silica (29 CFR 1926.1153)

When dry-cutting concrete, brick, block, or stone, workers are exposed to hazardous respirable crystalline silica dust. Contractors must implement OSHA's Table 1 controls (wet cutting methods, integrated HEPA vacuum shrouds) or conduct exposure monitoring. When respirators are required, contractors must comply with 29 CFR 1910.134:

• Written respiratory protection program.
• Medical evaluation by a licensed healthcare professional.
• Annual quantitative or qualitative fit testing.
• Clean-shaven requirement where respirator seals touch the face.

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TDEC Construction Stormwater Permitting (NPDES TNCGP)

In Tennessee, land disturbance activities are regulated by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources under the Tennessee Water Quality Control Act (TCA Title 69, Chapter 3).

The 1-Acre Disturbance Threshold

Under TDEC Rule Chapter 0400-40-10, any construction activity that results in land disturbance of 1 acre or more—or less than 1 acre if part of a larger common plan of development or sale that will ultimately disturb 1 acre or more—must obtain permit coverage under Tennessee's NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (TNCGP / Permit No. TNC000000).

Submitting the Notice of Intent (NOI)

Before commencing any land-clearing, grading, or excavating:

1. The operator (general contractor/owner) must prepare a site-specific Stormwater Pollution Prevention Plan (SWPPP).
2. Submit a formal Notice of Intent (NOI) along with permit fees and the SWPPP to the local TDEC Environmental Field Office (EFO).
3. Work cannot begin until TDEC issues a formal Notice of Coverage (NOC).
4. Impaired/Exceptional Waters Rule: If stormwater discharges into TDEC-designated Impaired Waters (siltration/habitat alteration) or Exceptional Tennessee Waters (ETW), the SWPPP must be prepared by a licensed Professional Engineer (PE) or Registered Landscape Architect (RLA), and a mandatory 30-day public notice period applies before NOC issuance.

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SWPPP Implementation & EPSC Inspection Protocols

Erosion Prevention and Sediment Control (EPSC) Measures

The SWPPP dictates specific structural and non-structural EPSC practices:

• Erosion Prevention (Primary): Mulch, hydroseeding, rolled erosion control products (blankets), temporary seeding. Rule: Stabilization must be initiated on disturbed areas within 14 days if work is temporarily or permanently suspended.
• Sediment Control (Secondary): Silt fences, sediment traps, construction entrance/exit pads (washed stone over geotextile to prevent off-site tracking), storm drain inlet protection.

Mandatory EPSC Inspection Schedules

During active construction, the contractor must ensure certified EPSC inspections are performed:

• Inspection Frequency: Must be conducted twice weekly (at least 72 hours apart) AND within 24 hours after any rainfall event of 0.5 inches or greater within a 24-hour period.
• Inspector Qualifications: Inspections must be conducted by an individual who holds a valid Tennessee EPSC Level I Certification (TN Fundamentals of Erosion Prevention and Sediment Control).
• Record Retention: Inspection reports signed by the certified inspector must be retained on the jobsite and kept for at least 3 years following permit termination.