New Hazard Communication Standard Effective July 19, 2024
Jul 29, 2024New Hazard Communication Standard Became Effective July 19
No matter where you are in the chemical supply chain, there will be a lot of work to do in the months ahead.
The United States Department of Labor (DOL) recently published the much-anticipated final rule from the Occupational Health and Safety Administration (OSHA), updating the Hazard Communication Standard (HCS or HazCom). The new rule (29 CFR 1910.1200) took effect on July 19, 2024, but includes various phase-in compliance periods that begin 18 months after the effective date. The final rule is estimated to impact more than 265,000 workplaces and 1.5 million employees.
The new rule updates the Hazard Communication Standard released in 2012 and is necessary to bring the agency’s regulations in sync 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 with the United States Department of Transportation (DOT)— and our major international trading partners.
What’s New?
The final HazCom rule from OSHA, published on May 20, 2024, aligns the HCS with GHS Revision 7, adopted in 2017. A few of the most significant changes are summarized here.
Classifying Hazards. The new HCS has updated the criteria for classifying specific chemical and physical hazards. Chemical manufacturers, importers, and distributors must evaluate all the chemicals they produce and handle to determine their hazard class. Employers with hazardous chemicals in the workplace must also have a written hazard communication program, which includes a list of all hazardous chemicals known to be present at the facility. The “program” should also describe how the employer will inform employees of the risks associated with these chemicals.
Definitions. OSHA has updated the definitions of several essential terms and added some new ones. New definitions include bulk shipment, combustible dust, gas, immediate outer package, liquid, physician or other licensed health-care professional, released for shipment, and solid. Updated definitions include exposure or exposed, hazardous chemical, and physical hazard. OSHA has deleted the definition of pyrophoric gas.
Data Sheets and Labels. The new HazCom standard amends the labeling requirements for bulk shipments to align with the federal DOT standards. Manufacturers, importers, and distributors will need to evaluate and reclassify aerosols, desensitized explosives, and flammable gases in accordance with the new regulations and make the associated changes to all data sheets and labels.
Small Container Labeling. In the new rule, OSHA provides guidance for labeling “small containers” — defined as 100 ml. or less in volume — and allows chemical manufacturers, distributors, and importers to use abbreviated information on the label. If it can be demonstrated that a label would interfere with the normal use of the container, some “very small containers” (3 ml or less) can have a product identifier only on a label.
“Released for Shipment” Provisions. In response to stakeholder objections, OSHA will not require a “released for shipment” date on the label, as was initially proposed. The new standard also allows employers to not relabel chemicals that have been released for shipment and await further distribution when new hazards are identified. In those situations, the employer must only provide a new, updated label with new shipments. This change was made in direct response to stakeholder concerns about the practicality of breaking down pallets of sealed, shrink-wrapped containers to replace individual labels — if and when new hazards are identified.
Concentration Ranges. OSHA has responded to stakeholder concerns about preserving trade secrets by allowing “concentration ranges” on safety data sheets.
Next Steps
No matter where you are in the chemical supply chain, there will be much work to do in the coming months to stay on top of the new HCS and its new or revised requirements. The final rule affects every aspect of hazard communication, and employers must initially familiarize themselves with the latest information, develop or update their written hazard communication plan, and begin implementing training for managers and employees.
Manufacturers, importers, and distributors will need to reclassify certain chemicals— aerosols, desensitized explosives, and flammable gases—in accordance with the new rule and make corresponding changes to labels and data sheets.
Are there open legal issues to consider? Legal gray areas will undoubtedly emerge in a rule of this complexity and magnitude. For example, OSHA expects manufacturers to consider the “known or reasonably anticipated” downstream uses of the chemical when they classify it. What does OSHA mean by “known or reasonably anticipated”?
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.
