Final Informal Public Hearing to Be Held Regarding OSHA's Proposed Changes to the Hazard Communication Standard

OSHA will hold its last scheduled informal public hearing regarding a proposed rule to align the agency’s Hazard Communication Standard with the United Nations’ Globally Harmonized System (GHS) of Classification and Labeling of Chemicals in Pittsburgh on March 31, 2010.

In September 2009, OSHA announced proposed changes to its Hazard Communication Standard, 29 C.F.R. 1910.1200.  The current standard is intended to ensure that the hazards of all chemicals are evaluated, and that information concerning their hazards is transmitted to employers and employees.  For most employers, obligations under this standard include establishing a hazard communication program, and training employees regarding the hazards and proper handling of chemicals in the workplace and proper labeling of secondary containers.  For manufacturers and distributors, the standard sets forth hazard classification and labeling requirements and requires that material safety data sheets (MSDS) are provided to consumers.  

OSHA's proposed changes are not a radical departure from existing requirements; however, once finalized the changes will require manufacturers, distributors, and employers to alter their hazard communication programs to conform with the new rules.  In short, new labels, safety data sheets, revised written hazard communication programs and additional training will be needed.  The public comment period for the proposed rule closed in December 2009; however, OSHA has scheduled informal public hearings on the proposed rule.

The proposed changes are intended to align OSHA's existing hazard communication regulations with GHS classification and labeling provisions in order to improve the quality and consistency of information provided to chemical users, employers, and workers regarding chemical hazards.  Many chemical manufacturers and distributors in international trade are complying with OSHA's hazard communication rules domestically, and the GHS internationally.  For these companies, OSHA's proposed changes may provide relief from their current practice of creating two sets of data sheets and labels for each product.  For other manufacturers, distributors, and employers, these changes will require a significant investment of money and time in order to bring their hazard communication programs into compliance. 

Changes For Manufacturers and Distributors Under The Proposed Rule

The proposed rule will require all manufacturers and distributors of chemicals to reassess their chemicals for purposes of hazard classification.  This classification will be based upon "relevant data" concerning possible hazards.  This is a departure from the existing rule's requirement that hazard classification be based upon "statistically significant evidence based on at least one study conducted in accordance with established scientific principles."  This reassessment may result in a change of hazard categories for existing chemicals and products.  Also, new pictograms and a consistent format will be required for safety data sheets and labels.

These requirements will take effect three years after the publication of the final rule.  Although this may seem like a long time, the necessary hazard classification evaluations and revisions to existing safety data sheets and labels will be time-consuming and may require technology investments that need to be made in sufficient time for compliance to be achieved by the time the requirements take effect.  Also, because there are no tiered phase-in periods for manufacturers, secondary manufacturers and distributors, all obligations take effect at the same time.  If you rely on primary manufacturers to provide safety data sheets for the components in your products or you are a distributor, you will need to secure the revised safety data sheets and hazard classification information from the primary manufacturer in advance of the three year deadline in order to achieve compliance by the rule's effective date. 

With respect to the cost of these changes, industry estimates place the cost of compliance at roughly $200,000 the first transition year and $1,000 per safety data sheet going forward.

Employers' Obligations Under The Proposed Rule

Employers who use chemicals in the workplace, i.e. virtually every employer, will need to revise their written hazard communication program to be consistent with new labels, safety data sheets, and the related pictograms and warning language.  Training for all employees who use or may be exposed to chemicals in the workplace will be required, and labels in the workplace and on secondary containers will need to be changed.  For example, signs that now say "Carcinogenic" will need to read "MAY CAUSE CANCER."  OSHA expects that these changes will better inform the workforce regarding potential hazards as well as necessary precautions that should be taken to reduce the likelihood of injuries and illnesses related to chemical exposure.

The proposed rule requires that training for workers take place within two years of the publication of the final rule so that employees are familiar with the new labels and safety data sheets when they start to arrive in the workplace.

Hearing Location Information

The hearing will take place at Marriott Pittsburgh City Center, 112 Washington Place in Pittsburgh, beginning at 9:30 a.m. EDT. The hearing is open to the public for observation.

For more information about OSHA's Hazard Communication standard or other OSHA and product labeling matters, please contact the Seyfarth attorney with whom you work, or any Environmental, Safety and Toxic Torts attorney on our website.