OSHA Hazard Communication Update
The US Occupational Safety and Health Administration (OSHA) final rule to update the Hazard Communication Standard (HCS) aligns it primarily with Revision 7 of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (UN GHS); however, some elements from UN GHS Revision 8 are included. The update has codified many issues previously addressed in standard interpretations. |
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Changes/Updates of Note:
Updates to hazard and precautionary statements phrasing and SDS requirements for Sections 3, 9, 11, and 14.
Alignment of concentration ranges for trade secret ingredients with that used in Canada’s WHMIS.
Hazards arising from chemical reactions that occur during normal conditions of use (i.e. change in physical state or release of chemical reaction products during use) must now be indicated on the SDS.
Exceptions and requirements regarding small container labeling are now defined.
Explicit inclusion of hazards not otherwise classified (HNOC) clarifies that all hazards must be considered when evaluating nuisance particulates.
Revisions and Additions to Appendices A, B, C and D:Hazards of impurities, additives or individual constituents of a substance or mixture must be considered during classification.
Implementation of Flammable Gases and Explosive hazards in line with UN GHS.
Addition of the hazard categories Aerosol Category 3 and Chemicals Under Pressure.
Available human experience data for acute toxicity should be considered in a weight of evidence approach.
Clarification for evaluation of available data on respiratory tract corrosion, STOT SE Category 3 and aspiration hazards.
Updates to evaluation strategy tiers/tables for skin corrosion/irritation and serious eye damage/eye irritation, which are in line with UN GHS.
Optional use of the exclamation mark pictogram for HNOCs and optional limitation of medical precautionary statements
New Definitions:
OSHA now defines bulk shipments as “any hazardous chemical transported where the mode of transportation comprises the immediate container,” to provide an exception for shipments that do not have an intermediate form of packaging. This definition intentionally differs from that of the DOT’s for bulking packaging.
The term combustible dust is now explicitly defined as “finely divided solid particulates of a substance or mixture that pose a flash-fire hazard or explosion hazard when dispersed in air or other oxidizing media.” This broad definition differs from the NFPA definition.
knoell’s Recommendations
The latest version of HCS introduced significant changes to supply chain communication in the USA.
In 2023, Hazard Communication violations were the second most frequently cited standards following OSHA inspections. Penalties incurred for these violations can reach beyond $16,000.
To ensure compliance of your products in a timely manner knoell recommends to:
Review the GHS classification of your products placed on the US market.
Implement new labelling provisions as necessary.
Update the content of your safety data sheets.
Check if the new regulation impacts your small labels and CBI claimed substances disclosed in the SDS.
Our experienced Chemicals & Product Safety Team can support you with all aspects of classification and labeling compliance checks as well as SDS preparation. For further information, please contact us here!
Stay tuned also for more updates related to GHS update in the US and Canada and see our knoell Academy web-seminar.
