Written on: July 1, 2024 by Nicholas Georges
On May 20, the U.S. Occupational Safety & Health Administration (OSHA) published a final rule 1 to update the Hazard Communication Standard (HCS) from the Globally Harmonized System of Classification & Labeling of Chemicals (GHS) Revision 3 to GHS Revision 7 with elements of Revision 8. OSHA made these amendments to not only enhance worker protections, but to also align with Health Canada’s Workplace Hazardous Materials Information System (WHMIS).
The scope and framework of the HCS have not changed. Chemical manufacturers and importers are still responsible for providing information about the hazards of chemicals they produce or import, and not every safety data sheet (SDS) and label is impacted. Even so, it’s important to be aware of the various changes.
OSHA has created materials to help highlight the various areas that have been amended, including a Questions & Answers document 2 for the update and a side-by-side comparison document.3 I have also called out some of the changes that I think are relevant for SPRAY readers:
• Label and SDS updates align primarily with GHS Revision 7.
• OSHA had originally proposed to require that a label include the date a chemical is released for shipment; however, OSHA did not implement this change after reviewing comments from stakeholders. Chemicals that have been released for shipment, and are awaiting future distribution, do not need to be relabeled with an update; however, companies must provide an updated label for each individual container with each shipment.
• The existing Flammable Aerosols hazard class (Appendix B.3) has been expanded to include non-flammable aerosols. OSHA is also revising a note (now B.3.1.2.1) to explain that aerosols do not fall within the scope of gases under pressure, but may fall within the scope of other hazard classes.
o OSHA will not allow the optional use of the compressed gas pictogram for aerosol products because it would introduce inconsistency between labels of similar products, cause confusion for downstream users and lead to “over warning.”
• OSHA has included special labeling provisions for 3mL and 100mL small containers, similar to Health Canada’s WHMIS requirements.
• While OSHA still allows the use of concentration ranges when the exact percentage is claimed as a trade secret, OSHA has aligned with the prescribed concentration ranges used by Health Canada’s WHMIS.
• OSHA is allowing the use of non-animal test methods from GHS Revision 8 for skin corrosion/irritation.
OSHA developed a tiered approach for companies and employers to comply with the amended HCS. The final rule takes effect July 19, 2024, and companies should be aware of the following compliance dates:
• Substances
o Manufacturers, importers and distributors that evaluate substances shall be in compliance with all modified provisions no later than Jan. 19, 2026.
o All employers shall, as necessary, update any alternative workplace labeling used by July 20, 2026.
• Mixtures
o Chemical manufactures, importers and distributors that evaluate mixtures shall be in compliance no later than July 19, 2027.
o All employers shall update any alternative workplace labeling for mixtures by Jan. 19, 2028.
Beginning July 19, 2024, companies may comply with either the 2012 HCS (previous standard) or the new amended standard until the compliance dates noted above.
It should be noted that Health Canada’s compliance dates are before OSHA’s and previous attempts at delaying those dates have been for naught, as Health Canada was not willing to extend without knowing when OSHA’s compliance dates will be. Hopefully, with OSHA’s final rule published, we will be able to work with the Canadian Consumer Specialty Products Association (CCSPA) and other allied Canadian trade associations to align the compliance dates between Canada and the U.S.
For further information, please contact me at ngeorges@thehcpa.org. SPRAY
