As safety professionals, managing your chemical inventory and maintaining a comprehensive Safety Data Sheet (SDS) library are crucial tasks. However, the busy schedules many professionals maintain can make it challenging to stay informed about significant regulatory developments. One of the most critical changes on the horizon is OSHA’s Updated HazCom Final Rule, which aligns the Hazard Communication Standard (HazCom) with Revision 7 (and select elements of Revision 8) of the United Nations’ Globally Harmonized System for Classification and Labelling of Chemicals (GHS).
Understanding and complying with the updated HazCom final rule is essential for several reasons. First, it directly impacts your responsibility to protect employees from workplace chemical exposures. Second, it creates regulatory obligations for all hazardous chemical users throughout the supply chain. OSHA estimates that the final rule’s changes will affect 94% of SDSs and 64% of shipped container labels. With compliance deadlines approaching, it’s time to prepare effectively.
Key Takeaways from OSHA’s HazCom Final Rule
Here are the main changes introduced by OSHA’s updated HazCom final rule:
Revised Classification Criteria
The final rule includes revised classification criteria for specific chemical products, including aerosols, desensitized explosives, and flammable gases. This aims to better capture and communicate hazards to downstream users. A new hazard category, Chemicals Under Pressure, has been introduced within the aerosols class, following the classification criteria from GHS Revision 8. These revisions will affect associated hazard information, including hazard pictograms and precautionary statements.
Updated Label Provisions
Significant updates have been made regarding labeling, particularly for small containers:
- A small container is defined as one with a volume of 100 milliliters (ml) or less.
- Chemical manufacturers are allowed to use an abbreviated version of the shipped container label information for small containers.
- For very small containers (3 ml or less), manufacturers, distributors, or importers may only need to provide a product identifier if labeling interferes with normal container use. However, full label information must still appear on the outer packaging.
Additionally, if manufacturers become aware of new significant hazard information after a product has been released for shipment, they do not need to relabel products already shipped. Notably, OSHA has opted not to require a “released for shipment” date on the label, addressing stakeholder concerns about feasibility.
Classification Amendments
Amendments have been made regarding criteria for classifying chemicals and what information should be included in Section 2 of the SDS. The final rule clarifies that hazard classification must encompass the hazards associated with the chemical’s intrinsic properties, including:
- Changes in the chemical’s physical form.
- Chemical reaction products associated with known or reasonably anticipated uses or applications.
Hazards from chemical reactions will belong in Section 2(c) of the SDS, while hazards from changes in intrinsic and physical form will belong in Section 2(a).
Additional Information Requirements
New updates require the inclusion of “particle characteristics” for solid products in Section 9 of the SDS. This information, such as the median and range of particle size, is only required when readily available and does not necessitate new testing for particle characteristics.
Concentration Ranges
The final rule includes new provisions related to how chemical manufacturers can use concentration ranges when claiming them as trade secrets.
Compliance Timeline for OSHA’s HazCom Updates
OSHA has extended the compliance timeline compared to what was proposed in the Notice of Proposed Rulemaking (NPRM). The key deadlines are as follows:
- Manufacturers of Substances: 18 months to comply (effective date: July 19, 2024)
- Manufacturers of Mixtures: 36 months to comply (effective date: July 19, 2024)
Employers using chemical products affected by the final rule must update their workplace hazard communication practices, including labels, written HazCom plans, and employee training, within six months after the manufacturer deadlines for substances and mixtures.
Preparing for Compliance
Here are some steps to prepare for the new HazCom final rule:
Review and Update Your Chemical Inventory:
Ensure all chemicals are classified according to the updated standards and that SDSs are current and compliant.
Revise Labels
Update labeling practices to meet the new requirements, especially for small containers and newly classified chemicals.
Training Programs
Implement training sessions to familiarize employees with the new standards and updated SDSs, ensuring they understand the changes and how to work safely with hazardous chemicals.
Consult Your Suppliers
Engage with your chemical suppliers to confirm they are prepared for the changes and that they will provide compliant labels and SDSs.
Monitor for Ongoing Compliance
Regularly review your HazCom program to ensure it stays aligned with OSHA’s evolving standards.
Conclusion
Preparing for OSHA’s updated HazCom final rule is essential for maintaining workplace safety and regulatory compliance. By understanding the key changes, auditing your current HazCom program, updating labels and SDSs, and providing effective training, you can ensure a smooth transition to the new standards. The countdown to compliance deadlines has already begun, so start preparing today to safeguard your employees and your organization. With these steps, you’ll not only meet regulatory obligations but also foster a safer working environment for all.