What happened?

On May 20, 2024, The U.S. Department of Labor announced a final rule updating the Hazard Communication Standard (HCS) to better protect workers and first responders. This rule is primarily aligned with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals

What are the details?

OSHA’s Hazard Communication Standard mandates chemical manufacturers and importers to identify chemical hazards and obliges all employers to inform employees about these hazards in their workplace.

Key Bites:

• Improved Information Quality: The amount and quality of information on labels and safety data sheets has been improved. This allows workers and first responders to react more quickly in an emergency.
• Comprehensive Labels: Labels on small packaging will be more comprehensive and readable.
• Trade Secrets: Changes have been made to ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on safety data sheets.
• Hazard Classification Process: The hazard classification process has been made clearer to provide more complete and accurate hazard information on labels and safety data sheets.
• Physical Hazard Classes: Physical hazard classes have been updated to better inform users on the safe handling of explosives, aerosols, and chemicals under pressure.
• Precautionary Statements: Precautionary statements on how to safely handle, store, and dispose of hazardous chemicals have been updated.
• Alignment: The final rule addresses issues that arose since the implementation of the 2012 standard and improves alignment with other federal agencies, Canada, and international trading partners.
• Clear Purpose: the purpose of the standard is “to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees.”
• Exclusion: The standard only excludes chemicals that manufacturers or importers can prove pose no physical, health, or other hazards covered under the HCS.
• Effective Date: although the general effective date is July 19, 2024, some provisions will start on January 19, 2026 and January 19, 2028.

Business Considerations

• Employers should familiarize themselves with the applicable requirements of the standard and updates in the final rule. They should also update their policies, practices, procedures, and training to meet the new requirements.
• Employers should identify the staff members responsible for developing and implementing a written Hazard Communication Program.
• Manufacturers, importers, distributors, and employers should provide accurate information, based on all available evidence, of the hazards associated with a particular chemical so that workers know how to adequately protect themselves and safely handle chemicals.
• Employers should prepare a list or inventory of all hazardous chemicals in the workplace, evaluate the hazards of any chemicals introduced into the workplace, obtain labels and SDSs, and provide HCS training to employees.
• Employers should ensure that employees have access to the required safety materials (like PPE and first aid) and are trained to safely handle hazardous chemicals present at the worksite, as well as the other safety measures.
• Employers should audit regular compliance, especially since HCS is one of the most common types of violations OSHA cites every year, and noncompliance can be costly for a company, according to Greenberg Traurig.
• Employers should plan on how to implement the updated standard since there are several effective dates. However, they should all be prepared for July 19, 2024.

Source References

• Hazard Communication Standard
• § 1910.1200 Hazard communication.
• OSHA Press Release

Resources

• OSHA Hazard Updated Rule Short Video
• DOL OSHA YouTube

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