OSHA’s Hazard Communication Standard Update

Any company that manufactures, imports, distributes, or uses chemicals in the workplace needs to be familiar with the Occupational Safety & Health Administration (OSHA) Hazard Communication Standard (HCS or HazCom), 29 CFR 1910.1200, and how its requirements may affect their business and workers. OSHA publishes an annual “top ten” standards violations list for each of its industry classifications; and year after year HazCom finds itself on that list – with the two most recent rankings of second place in 2024 (2,888 violations) and 2023 (3,227) 1.

What is Hazard Communication

HazCom is one of those health and safety topics that affects many work environments and businesses across all OSHA regulated industries (e.g., general, construction and shipyard); because many use chemicals as part of their work and exposure to chemicals can coincide with numerous potential hazards such as negative health effects, fires and explosion. These chemical hazards, if not understood by workers, can potentially pose a significant health and safety risk to them and liability for employers. Protecting workers through standardized communication of chemical hazards is what the OSHA HazCom Standard attempts to ensure. While the Standard has been around since 1983, it received a major revision in 2012 to align the specific elements – such as Safety Data Sheets (SDSs), hazard classification practices, and labeling – with the third revision of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). GHS provides an internationally standardized, common and coherent approach to classifying chemicals and communicating hazard information.

The 2024 Standard Update

OSHA again updated the HCS in 2024 to align with Revision 7 of the United Nations’ GHS. The final rule was published on May 20, 2024 – with an effective date of July 19, 2024.

OSHA stated that the updated Standard will “improve the standard’s effectiveness by better informing employees about chemical hazards in the workplace. This final rule will increase worker protections and reduce the incidences of chemical-related occupational illnesses and injuries by further improving the information on the labels and safety data sheets for hazardous chemicals.” 2 The update also addresses issues arising since implementation of the 2012 Standard and improves alignment with other federal agencies and U.S. trading partners – including Canada, Australia, New Zealand, and Europe – without reducing protections. The decision to align with Canada has been a priority as it helps facilitate cooperation between the two countries, eases compliance for employers who participate in both markets, and strengthens worker protections by providing harmonized hazard communication standards across trade borders.3

Major Updates to HazCom Standard 4

New Definitions Added

• Bulk shipment, combustible dust, gas, liquid, solid, immediate outer package, physician or other licensed health care professional (PLHCP), and released for shipment

Health Hazards (Appendix A)

• Updated skin corrosion/irritation and serious eye damage/eye irritation chapters.
• Non-animal test methods from Revision 8 of GHS were added to skin corrosion/irritation to promote use of alternative methods.

Physical Hazards (Appendix B)

• Updated the flammable gases and aerosol hazard classes.
• Added a new hazard class: Desensitized Explosives.

Labels

• Updated Appendix C to include label elements and precautionary statements for the new and revised hazard classes and categories.
• Provided flexibility for labeling of bulk shipments of chemicals contained in tanker truck, railcar, or intermodal containers; chemical containers that have been released for shipment; and small packages (100 ml or less), including very small packages (3 ml or less).

Safety Data Sheets

• Updated sections 2, 3, 9 and 11. Finalized the use of prescribed concentration ranges when an ingredient’s concentration is withheld as a trade secret.

Compliance Deadlines

The phased set of deadlines for compliance with the final rule are:

HETI...A Resource for Regulatory Compliance

During the phase-in periods, a business can comply with the updated final rule, HCS 2012, or both. Regardless of the updated rules phased compliance dates, HETI recommends businesses tend to the updates as soon as possible given the scope of HCS and potential complexity of incorporating the new requirements within an organization’s current HazCom program. Focus on the 2024 HCS update also provides an excellent opportunity for a complete HazCom program review which may identify current compliance gaps and allow time for adjustment.

HETI has extensive experience in supporting our clients through a comprehensive range of environmental health & safety (EHS) regulatory support services. Our EHS professionals can provide guidance and valuable technical support with respect to compliance with the updated HazCom Standard, GHS, as well as other OSHA regulations. Whether there is a need for HCS plan review/revision, chemical hazard assessment, labeling/SDS support, or assistance with client-specific employee training…HETI is here to help.

References:

1 https://www.osha.gov/data

2 https://www.osha.gov/hazcom/rulemaking

3 https://www.osha.gov/laws-regs/federalregister/2021-02-16

4 https://www.osha.gov/sites/default/files/publications/OSHA4437.pdf

5 https://www.osha.gov/hazcom

To find out more about this and other HETI industrial hygiene services, please contact us. Bernie Mizula, MS, CIH, CSP, CIT, RPIH Senior Industrial Hygienist

This article is an interpretation of scientific, technological or regulatory information and is offered as a service to our clients and business associates. This material is not intended to be used or construed as HETI’s professional advice, recommendations or legal opinions. ? Hydro-Environmental Technologies, Inc.