By Pam Dickerson In February, OSHA issued a notice of proposed rulemaking to amend the U.S. Hazard Communication Standard (HCS) to conform with revision seven of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  Additionally, they proposed changes that will better align certain provisions of the standard with Canadian standards and will also address issues that have developed since OSHA adopted the GHS standard in 2012. Interested parties must submit comments on the proposed rule to OSHA by April 19, 2021. UPDATE: in a press release on April 13, 2021 OSHA extended the public comment period until May 19, 2021.  The public comment period closed on that date. There is no current timeline for the final rule to be published. Once finalized and SDS content is in place, affected parties will have:

• 1 year from the final rule, to issue updated SDSs for single ingredient/pure substances and
• 2 years from the final rule, to issue updated SDSs for mixture

The most significant changes:

• Affect hazard classification for flammable gases, aerosols and some explosives.
• Provide further clarification for hazards associated with a change in the chemical’s physical form. In other words, more information for intended users of materials that come in a solid but a process could generate a combustible dust or heated and could generate fumes.
• Include changes to labeling (Note: CEHS will follow and ensure the Foundation system labeling module is modified to reflect this change).

Other proposed changes include:

• Warning label requirements for combustible dusts
• Incorporating new and revised warning language and precautionary statements to clarify chemical hazards to workers
• Requiring the concentration of a substance in mixtures is identified in certain prescribed ranges on SDSs even when the exact concentration range is being claimed as a trade secret
• Provide improved alignment (harmonization) with Canada’s GHS (Canada has proposed similar change to OSHA)

What is the HCS?

Communicating hazards associated with chemicals used in the workplace is critical to the safety of all employees.  In the U.S., OSHA first published the Hazard Communication Standard, 29 CFR 1910.1200, in 1983 requiring chemical manufacturers to evaluate hazards associated with the chemicals being manufactured and distributed.  The basic elements of the standard included providing hazard information on labels and material safety data sheets and employer requirements to train their employees exposed to hazardous materials in the workplace. The most significant changes to the standard came in 2012 when OSHA published a final rule aligning the HCS with the third revision of GHS.  This did not change the overriding goal of the HCS, which is to communicate hazards to employees, but did change the way in which hazards are determined and how hazards are communicated. Chemicals are assigned hazard classifications based on a specific set of criteria and these classifications correspond to hazard statements, precautionary statements, pictograms and signal words that now appear on labels and Safety Data Sheets.  This international system has been adopted by many countries and promotes the harmonization of chemical hazard communication worldwide.

Further Information

Cornerstone will be following this proposed rule carefully and will continue to provide updates on its status as it moves through the rulemaking process. Our chemical management experts are available to help determine how these standard changes may impact your business. Contact us at info@corner-enviro.com. The proposed rule can be found at: https://www.federalregister.gov/documents/2021/02/16/2020-28987/hazard-communication-standard#h-59

Pam Dickerson is Cornerstone’s Chemical Compliance Services Programs Manager.  She is a Certified Hazardous Materials Manager (CHMM) and has experience in both industry and consulting.  Currently, she manages the team that maintains client Foundations as well as oversees Toxic Release Inventory reporting, Tier II reporting, Safety Data Sheet authoring and Toxic Substance Control Act compliance for our clients.