OSHA’s Final Rule to Amend the Hazard Communication Standard

OSHA’s Final Rule to Amend the Hazard Communication Standard

OSHA has amended the Hazard Communication Standard (HCS) to align primarily with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The final rule was published on May 20, 2024, and is effective on July 19, 2024. OSHA has implemented a tiered approach for establishments to come into compliance. The first deadline is November 2025.  See the Effective Date chart below.

The updated standard is intended to improve employees’ knowledge about chemical hazards in the workplace. OSHA is updating the HCS to improve dissemination of information about chemical hazards by:

• Improving and streamlining precautionary statements
• Providing additional clarification of existing regulatory requirements
• Incorporating new hazard classes and categories; and
• Increasing alignment with other U.S. agencies, and international trading partners.

These changes are expected to increase worker protection 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.

Who is covered?

The scope and framework of the HCS have not changed with this rulemaking. Chemical manufacturers and importers are still responsible for providing information about the hazards of chemicals they produce or import. All employers with hazardous chemicals in the workplaces are still required to have a hazard communication program and to provide information to employees about these hazards and associated protective measures.

Key Changes

Most of the key changes in this update fall under one of three themes:

1. Maintaining alignment with the GHS (primarily Rev. 7) and U.S. trading partners (including Health Canada’s WHMIS).

• • Paragraph (f)(12) – small packages. Updates include special labelling provisions for 3 ml and 100 ml containers similar to Health Canada’s WHMIS requirements.
  • Paragraph (i) – trade secrets. Updates include mandatory use of prescribed concentration ranges when exact percentages or percentage range of materials are claimed as a trade secret. The prescribed concentration ranges align with those used by Health Canada’s WHMIS.
  • Appendix A (health hazards) updates align primarily with revised health hazard definitions and general updates to hazard classes in GHS Rev. 7. Updates include, but are not limited to, the Skin corrosion/irritation and Serious eye damage/eye irritation chapters, with non-animal test methods from Rev. 8 added to skin corrosion/irritation to promote use of alternative methods.
  • Appendix B (physical hazards) updates align primarily with Rev. 7 and include, but are not limited to, Flammable gases (expanding hazard categories), Desensitized explosives, and Aerosols (including additional hazard category).
  • Appendix C (label elements) updates align primarily with Rev. 7 and include new or updated hazards, updated guidance, and precautionary statements.
  • Appendix D (SDS) updates align primarily with Rev. 7 and include revisions to SDS Sections 2, 3, 9, 11.

2. Addressing issues identified during implementation of the 2012 update to the HCS.

• • Paragraph (d)(1) – hazard classification. The final rule clarifies which hazards must be evaluated and the hazard information required on the label versus the SDS.
  • Paragraph (f)(11) – Labels. The final rule adds flexibility for label updates on packages that have been released for shipment.
  • Paragraph (f)(12) – Labels. The Final rule clarifies labeling requirements for small packages.

3. Improving alignment/coordination with other U.S. agencies.

• • Paragraph (f)(5) – bulk shipment. The final rule provides increased coordination with DOT.
  • Paragraph (c) released for shipment definition – The final rule aligns with EPA.

Effective Dates:

The final rule goes into effect July 19, 2024. OSHA developed a tiered approach for establishments to come into compliance with the HCS.

For detailed information, OSHA provided a redline strikeout version of the regulatory text and appendices for stakeholders which can be found at https://www.osha.gov/sites/default/files/HCS_side-by-side.pdf