Hazard Communication Standard to be Aligned with Global Hazard System
Public Comment Period Ends on December 29th
by Patricia A. Poole
The Occupational Safety and Health Administration (OSHA) is proposing to modify its existing Hazard Communication Standard (HCS) to conform with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA has made a preliminary determination that the proposed modifications will improve the quality and consistency of information provided to employers and employees regarding chemical hazards and protective measures. OSHA’s proposed standard is published in the Federal Register (74:50279-50549) and is open for public comment until December 29, 2009. OSHA is requesting comment on all relevant issues, including economic impact and feasibility, environmental impact, effects on small entities, proposed revisions to the HCS and subsequent modifications to other standards. Comments may be submitted by email, fax (10 pages or fewer: 202.693.1648) or hardcopy (three copies—OSHA Docket Office, Docket No. OSHA-H022K-2006-0062, U.S. Dept. of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210).
OSHA’s Hazard Communication Standard (HCS) (29 CFR 1919.1200) requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and to prepare labels and material safety data sheets (MSDSs) to convey the hazard information to their downstream customers. In addition, employers with hazardous chemicals in their workplaces are required to label the chemicals, have available MSDSs for their exposed workers and train employees on chemical hazards. Since 1983 when the HCS was promulgated, many countries have passed similar laws but with differing requirements, particularly with respect to how hazard information is to be communicated. As a result, manufacturers that ship products internationally must comply with a variety of complex regulatory requirements.
To reduce the potential for harm from chemical exposures, and given the reality of extensive global trade in chemicals, an internationally-harmonized approach to classification and labeling was established by the United Nations. The first edition of the GHS was approved by the United Nations Committee of Experts and published in 2003. The GHS has been modified and amended since then and is now ready for worldwide implementation. The status of GHS implementation in 67 countries is available online.
OSHA is incorporating many provisions of the GHS into the proposed changes to the HCS. However, certain provisions of the GHS are not appropriate for inclusion, such as those relating to consumer products. There will be changes in hazard classification and hazard communication, including changes to labeling and safety data sheets. Although the GHS has no requirement for written training programs, employees will need to be trained on the changes. OSHA’s position is that the proposed modifications are intended to improve the effectiveness of the HCS by enhancing the quality and consistency of information provided to employers and employees.
The proposed modifications to the HCS primarily affect manufacturers and importers of hazardous chemicals who will be required to re-evaluate chemicals according to the new criteria in order to ensure they are classified appropriately. For health hazards, this will necessitate placing the chemical in the appropriate hazard category as well as the hazard class. For physical hazards, the new criteria are generally consistent with current DOT requirements for transport. Chemical users will be required to integrate the new approach into their HazCom program, assuring that employees understand the pictograms and other information on labels and SDSs.
Other standards that will be modified to be consistent with the changes to the HCS include Flammable and Combustible Liquids (29 C.F.R. 1910.106; 29 C.F.R. 1926.152) and Process Safety (29 C.F.R. 1910.119).
OSHA is proposing that employers train employees regarding the new labels and safety data sheets within two years after publication of the final rule. OSHA is also proposing that chemical manufacturers, importers, distributors and employers be required to comply with all provisions of the modified final rule within three years after its publication.
Public Comment Period Ends on January 19, 2010
OSHA is requesting comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, these hazards encompass a wide array of materials, industries and processes. Materials that may form combustible dust include, but are not limited to, wood, metal, coal, plastics, biosolids, sugar, fertilizer, tobacco, paper, soap, rubber, certain textiles and grains. Using data gathered between 1980 and 2008, OSHA’s preliminary analysis shows that, in industries for which combustible dust fires or explosions have occurred, there are 426,000 establishments employing 16 million workers. In addition, OSHA has identified several other industries that may be affected by an OSHA standard regulating combustible dust hazards.
Although certain OSHA standards apply to combustible dust (Grain Handling, Housekeeping, Hazard Communication, among others), there is no single, comprehensive standard that addresses combustible dust hazards across all industries. Although a number of consensus standards, including those published by the National Fire Protection Association (NFPA), address the hazards of combustible dust, these standards frequently contain mandatory secondary references to a large number of other standards, making compliance and enforcement nearly impossible.
OSHA recently published a National Emphasis Program for Combustible Dust (See our Baker Hostetler Executive Alert from April 21, 2009). The preliminary results of this program have indicated that OSHA’s “General Duty Clause” was used almost seven times as often for combustible-dust related citations than for all other citations. OSHA has determined that this unusually high proportion suggests the need for a comprehensive OSHA standard addressing combustible dust.
The Chemical Safety Board has recommended that OSHA issue a standard to prevent combustible dust fires and explosions. In addition, federal legislation is pending in the House and in the Senate, designed to compel OSHA to issue a combustible dust standard.
OSHA is requesting public comment on a significant number of topics including industry-specific information; definition(s) of combustible dust; hazard communication and training; consensus, industry and insurance standards; state and local fire codes; engineering and administrative controls; emergency response and investigation and others.
OSHA’s Advance Notice of Proposed Rulemaking is published in the Federal Register (74:54333-54347). Comments may be submitted by email, by fax (10 pages or fewer: 202.693.1648) or hardcopy (three copies—OSHA Docket Office, Docket No. OSHA-2009-0023, Technical Data Center, U.S. Dept. of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210).
We hope you find this information helpful. If you have questions pertaining to the material presented in this alert, or if you would like assistance in providing public comment, please contact any member of our Environmental and Energy or Employment and Labor teams with questions.
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