OSHA extends HazCom compliance schedule by four months
In May 2024, the United States Department of Labor (DOL) published the final rule from the Occupational Safety and Health Administration (OSHA) that updated the Hazard Communication Standard (HCS or HazCom). At the time, the rule included various phase-in compliance periods that would begin 18 months after the effective date, which was July 19, 2024.
On January 15, 2026, just a few days before those 18 months had elapsed for chemical manufacturers, importers, and distributors, OSHA announced a four-month extension of all previously announced deadlines. Why? The reason provided in the announcement indicates that the agency hasn’t completed preparing all the compliance guidance.
Although OSHA has been working to finalize key guidance about the updated HCS for both the regulated community and agency personnel, the agency has not been able to complete these documents with sufficient time for the regulated community and OSHA personnel to benefit from them before the initial compliance date.
The new compliance schedule for covered entities is:
Hazardous Substances
§ 1910.1200(j)(2)(i) Manufacturers, importers, and distributors: Compliance deadline extended from January 19, 2026, to May 19, 2026
§ 1910.1200(j)(2)(ii) Employers: Extended from July 20, 2026, to November 20, 2026
Hazardous Mixtures
§ 1910.1200(j)(3)(i) Manufacturers, importers, and distributors: Compliance deadline extended from July 19, 2027, to November 19, 2027
§ 1910.1200(j)(3)(ii Employers: Extended from January 19, 2028, to May 19, 2028
Until the new applicable compliance deadline arrives, covered entities may comply with either the 2012 HCS, the revised 2024 HCS, or both. The intent of these extensions, other than allowing more time for compliance guidance to be developed and published, is to maintain the regulatory status quo while avoiding confusion and enforcement uncertainty. Given the imminence of the original January 2026 deadline, OSHA invoked the good cause exception under the Administrative Procedures Act in implementing these extensions. The “good cause” exception enables the agency to bypass the traditional “public notice and comment” period in the rulemaking process.
Planning for Compliance
The new 2024 rule updates the Hazard Communication Standard released in 2012 and is necessary to align the agency’s regulations with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), adopted by the United Nations in 2003. The GHS is updated every two years. While updating is less frequent in the United States, OSHA has committed to keeping up with ever-evolving global hazard communication issues and current technology. The new standard also aligns OSHA with other federal agencies — most critically, the United States Department of Transportation (DOT) and our major international trading partners.
No matter where you are in the chemical supply chain, compliance with the updated HCS and its new or revised requirements represents an extraordinary amount of work. Coordination with suppliers about new Safety Data Sheets (SDS) and labels, revising written HazCom communication programs, and evaluating training gaps and reworking training curricula associated with newly identified hazards involves a significant commitment of time and resources.
While these extensions may be a helpful reprieve from the original deadline, they should not delay compliance planning and implementation. Employers are encouraged to use these extensions to continue the implementation and monitoring of their HazCom compliance program while also monitoring the release of new compliance guidance from OSHA.
If you have any questions or concerns about your compliance with this (or any) OSHA standard — or if you have received a citation for any reason — don’t hesitate to contact Orr & Reno for assistance.
