OSHA Plans Updates to Hazardous Communication Standard
The Occupational Safety and Health Administration (OSHA) just proposed updates to its Hazardous Communication Standard (HCS). As part of the U.S. Department of Labor, OSHA focuses on ensuring safe conditions for workers, including by enforcing standards like the HCS. The rule is designed to align with the seventh revision of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
OSHA said it expects the HCS update to “increase worker protections and reduce the incidence of chemical-related occupational illnesses and injuries by further improving the information on labels and safety data sheets (SDS) for hazardous chemicals.” OSHA asserts that the changes will serve three primary purposes:
- “[M]aintaining alignment with the GHS and ensuring that the standard reflects the current state of science and knowledge on relevant topics”
- “[C]ooperating with international trading partners and other Federal agencies”
- “[R]esponding to stakeholder experiences implementing current HCS requirements”
The GHS is updated every two years. OSHA is now catching up to Revision 7 of the GHS, published in 2017. OSHA has signaled that it is not proposing to change the fundamental structure of the HCS, which was enacted in 1983 to cover the chemical manufacturing industry and expanded in 1987 to all industries where workers are exposed to hazardous chemicals. The proposed changes include:
- Adding new hazard classification categories for flammable gases, aerosols and desensitized explosives
- Allowing withholding as a trade secret the concentration range of a chemical in a mixture, provided the SDS includes the ingredient’s concentration as one of several newly listed ranges
- Emphasizing that hazards identified under normal conditions of use that result from a chemical reaction must appear on the SDS even when not required for the label
- Revising the definition of “exposure or exposed” to clarify that the HCS covers the hazards of all hazardous chemicals, including Hazards Not Otherwise Classified (HNOCs)
- Adding new labeling options for certain small containers
- Changing mandatory Appendix C on the allocation of label elements to “provide improved safety information and greater detail and clarity for downstream users”
- Seeking comments on whether the requirement to include on an SDS the chemical name and concentration of ingredients classified as “health hazards” should be expanded to include physical hazards and HNOCs, though OSHA is not currently proposing this change
Environmental safety and health professionals should review the proposed update for provisions that could impact their particular HCS implementation efforts. A link to OSHA’s redline comparison of the proposed changes can be found here.
The public comment deadline is April 19. OSHA is proposing that chemical manufacturers, importers and distributors evaluating substances comply with all modified HCS provisions no later than one year after the effective date (of sixty days from publication of the final rule) and those evaluating mixtures comply no later than two years after the effective date.
Please contact Alan Harrell or any other member of Phelps’ Environmental Law team if you have questions or need compliance advice and guidance.
