OSHA finalizes major changes to hazard communication standard

The Occupational Safety & Health Administration (OSHA) has finalized a rule revising its hazard communication standard to align it with the United Nations’ Globally Harmonized System (GHS) of Classification and Labeling of Chemicals (GHS). The change will affect more than five million businesses across the United States.

The current hazard communication standard (29 CFR 1910.1200) requires chemical manufacturers to evaluate the chemicals they produce and determine if they are hazardous. It also requires them and distributors to inform all related employers and employees of the chemicals’ hazards through various communication means, such as labels and “Material Safety Data Sheets” (MSDSs). Employers with hazardous chemicals in the workplace must have a hazard communication program and train employees on the hazards of the chemicals present.

This standard was developed more than 30 years ago. OSHA’s final rule makes three significant changes to the current standard. The first two affect chemical manufacturers directly. The third, impacts any employer in the country using hazardous chemicals in the workplace.

The rule changes the means by which chemical manufacturers determine to what extent and whether a chemical is hazardous. OSHA’s current hazard communication standard requires manufacturers to consider as hazardous any chemical used in the workplace for which there is statistically significant evidence, based on at least one study conducted in accordance with established scientific principles, that acute or chronic health effects may occur in exposed employees. Under the existing standard, a health hazard includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, and sensitizers, among others.

The new rule standardizes the classification process used by manufacturers. Manufacturers would classify any health or physical hazards of the chemical and determine the “category” of each class. The rule then requires manufacturers to place the chemical into further subcategories.

Once a manufacturer classifies a hazardous chemical, it must communicate that information to downstream users. The rule would standardize the labels and Safety Data Sheets (replacing current MSDSs) used to convey this information.

The safety data sheets formerly known as material safety data sheets (MSDS) must be supplied for each hazardous chemical to downstream users to communicate information on these hazards. The information contained on the SDS is largely the same as the MSDS, except now the SDSs are required to be presented in a consistent user friendly 16 section format.

The modification of the Hazard Communication Standard is to conform with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. The SDS includes information such as the physical properties of each chemical: the physical, health, and environmental health hazards, protective measures and safety precautions for handling, storing and transporting the chemical. The information in the SDS must be in English (although it may be in other languages as well).

In addition, OSHA requires preparers provide minimum information that can be found in Appendix D of 29CFR 1910.1200. Employers must ensure that the SDSs are readily accessible to employees for all hazardous chemicals in the workplace. Employers may keep the SDSs in a binder or on computers as long as the employees have immediate access to the information without leaving the work area. A back up must be available in case of a power outage or other emergency.

As a result of the first two changes, OSHA’s rule requires employers to train employees on the new hazard classifications, labels and SDS sheets. Every employer in the country that has a hazard communication program must retrain its employees in the new system.

The table below summarizes the phase-in dates required under the revised Hazard Communication Standard (HCS).