Revised Hazard Communication Standard Enforcement Creates New Challenges

SHA recently issued instructions to compliance safety and health officers on how to ensure consistent enforcement of the revised Hazard Communication standard. OSHA revised the Hazard Communication standard in March 2012 to align with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. The revised standard was designed to improve the quality, consistency, and clarity of chemical hazard information that workers receive.

Under the standard, employers were required to train workers on the new label elements and safety data sheets by December 1, 2013. Chemical manufacturers, importers, and distributors had to comply with revised safety data sheet requirements by June 1, 2015. Manufacturers and importers had to comply with new labeling provisions by June 1, 2015. Distributors have until December 1, 2015, to comply with labeling provisions as long as they are not relabeling materials or creating safety data sheets, in which case they must comply with the June 1 deadline.

OSHA’s new instruction outlines the revisions to the Hazard Communication Standard, such as the revised hazard classification of chemicals, standardizing label elements for containers of hazardous chemicals, and specifying the format and required content for safety data sheets. It explains how the revised standard is to be enforced during its transition period and after the standard is fully implemented on June 1, 2016.

The instruction explains how OSHA compliance officers are to enforce differences in the international regulations and the OSHA regulations. OSHA’s Hazard Communication Standard (HCS 2012) is based on the United Nations (UN) Globally Harmonized System of Classification and Labelling of Chemicals (GHS Revision 3, 2009, also known as the Purple Book). Some manufacturers, importers, distributors, or employers may want to comply with more recent or future versions of GHS issued by the UN, such as Revision 4. However, using Revision 4 or a more recent version may result in non-compliance with HCS 2012 if it contradicts or casts doubt on OSHA required information.

A specific example of a major difference between Revision 3 and Revision 4 concerns aerosols. GHS Revision 4 changed “flammable aerosols” to “aerosols.” Revision 4 also introduced a new hazard category for aerosols: Category 3 (nonflammable). Under Revision 4 of the Purple Book, aerosols in Category 3 do not require a pictogram and are exempt from classification as a gas under pressure. OSHA’s HCS 2012 does not include Category 3 Aerosols, so if an aerosol meets the criteria for a gas under pressure, it would require appropriate label elements including the gas under pressure pictogram.

In this situation, OSHA’s guidance to its enforcement officers is to a serious citation for a Category 3 Aerosol whose label and SDS section 2 statements are in accordance with GHS Revision 4 (i.e., missing pictogram and being exempt from classification as gas under pressure).

Because other countries are adopting Revisions 4 and 5 of the Globally Harmonized System, US companies that export products internationally (as well as those that import foreign products labeled to meet other countries’ requirements) will need to carefully review each country’s requirements, and where appropriate, develop different product labels and Safety Data Sheets in order to maintain compliance with each country’s legislation. If you need consulting assistance to ensure that your labels and SDSs meet OSHA and international requirements, contact Environmental Resource Center at 800-537-2372.

This post was first published on https://www.ercweb.com/tips/show/osha-guidance-on-revised-hazard-communication-standard-enforcement-creates-new-challenges