The Occupational Safety and Health Administration (OSHA) has issued its much-anticipated final rule (pdf) revising the agency’s Hazard Communication Standard (HCS) to better align it with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals. Although the genesis of the revision was to harmonize the HCS with the United Nations’ system, the final rule makes additional significant changes to current requirements. Notably, OSHA creates a new category for so-called “hazards not otherwise classified.” Among other significant changes, the revised rule amends the criteria for classification of chemicals according to their health and physical hazards; revises labeling requirements, establishes a specific format for safety data sheets; and makes related revisions to definitions of terms used in the standard and employee safety training requirements.

According to a fact sheet on the new rule, the following are the major changes implemented by the revised standard:

• Hazard classification: The rule provides specific criteria for classification of health and physical hazards, as well as classification of mixtures.
• Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
• Safety Data Sheets: Will now have a specified 16-section format.
• Information and training: Employers are required to train workers by December 1, 2013 on the new labels elements and safety data sheets format to facilitate recognition and understanding.

Changes from the Proposed to the Final Rule include:

• Maintaining the disclosure of exposure limits (Threshold Limit Values [TLVs]) established by the American Conference of Governmental Industrial Hygienists (ACGIH) and carcinogen status from nationally and internationally recognized lists of carcinogens on the safety data sheets;
• Clarification that the borders of pictograms must be red on the label;
• Flexibility regarding the required precautionary and hazard statements to allow label preparers to consolidate and/or eliminate inappropriate or redundant statements; and
• Longer deadlines for full implementation of the standard.

OSHA had proposed to add a definition to the HCS for “unclassified” hazards, raising concerns about the application of this broad new term. The final rule retains the proposed requirement, using the term “hazard not otherwise classified” (HNOC) instead of unclassified hazard. According to OSHA:

In essence, this definition requires classifiers who find “scientific evidence” that a chemical can cause death, illness, or injury to workers in a way not currently covered by the GHS classification criteria to disclose that fact on the SDS. This is meant to be a modest and narrow requirement. It is triggered only when the classifier has objective, scientific evidence of the hazard. OSHA believes that there are likely to be few such hazards outside those covered by the specific criteria in the final rule, which are the product of over thirty years of international experience in hazard communication.

The rule includes a phase-in process for implementation. By December 1, 2013, employers will be required to train their employees on the new label elements and safety data sheet format. By June 1, 2015, employers, chemical manufacturers, importers, and distributors will be required to comply with all modified provisions of the final rule except that distributors may ship products labeled by manufacturers under the old system until December 1, 2015. By June 1, 2016, employers will be required to update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. During this transition period, chemical manufacturers, importers, distributors and employers may comply with either 29 Code of Federal Regulations 1910.1200 (the final standard), the current standard or both.

According to a press release, the revised standard is intended to improve worker safety by “reducing confusion about chemical hazards in the workplace, facilitating safety training and improving understanding of hazards, especially for low literacy workers.”

A more detailed analysis of this final rule and its implications for employers will be forthcoming. In the interim, OSHA guidance materials on this new regulation can be found here.

Photo credit: BanksPhotos