On May 20, 2024, the Occupational Safety and Health Administration (OSHA) published its Final Rule, Hazard Communication Standard, in the Federal Register. The Final Rule took effect on July 19, 2024 and amends OSHA’s Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
KingSpry’s Employment Law Chair, Avery E. Smith, Esq., reviews the Final Rule and details what it means for OSHA’s HCS-covered employers and workers.
Much Needed Reform
The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) has been implemented across the globe. As such, OSHA promulgated its Hazard Communication Standard (HCS) in 1983 to provide a standardized approach for workplace hazard communication.
The GHS is updated every two (2) years; however, OSHA has not revised its HCS since 2012. The Final Rule addresses specific issues that have surfaced over the past decade. According to OSHA’s Executive Summary, the Final Rule better aligns with other United States agencies and international trading partners.
Who is Covered by OSHA’s HCS?
The HCS covers chemical manufacturers, chemical importers, and all employers with hazardous chemicals in their workplaces (collectively referred to as “employers”).
Requirements for Employers
The Final Rule requires employers to classify the hazards of chemicals they produce or import. Employers are also required to inform their workers of the hazardous chemicals to which they are exposed. To inform their workers, employers must provide a hazard communication program, labels and other forms of warning, safety data sheets, and training.
What Does the Final Rule Change?
OSHA notes that the Final Rule does not change the fundamental structure of its HCS. Rather, the Final Rule enhances the effectiveness of the HCS by “ensuring that employees are appropriately apprised of the chemical hazards to which they may be exposed.”
Notably, the Final Rule:
- Provides specific criteria for the classification of health and physical hazards, as well as the classification of mixtures;
- Requires chemical manufacturers and importers to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category;
- Provides a specified format for Safety Data Sheets (“SDSs”); and
- Requires employers to train workers on the new labels elements and SDSs format to facilitate recognition and understanding.
Effective Date
The Final Rule took effect on July 19, 2024, and has a tiered approach for establishment to come into compliance with the HCS:
- By January 19, 2026: Chemical manufacturers, importers, distributors, and employers must update labels and Safety Data Sheets (“SDSs”) for substances.
- By July 19, 2026: Employers must update workplace labels, hazard communication programs, and trainings, as necessary.
- By July 19, 2027: Chemical manufacturers, importers, distributors, and employers must update labels and SDSs for mixtures.
- By January 19, 2028: Employers must update workplace labels, hazard communication programs, and trainings, as necessary.
Key Takeaways for Chemical Manufacturers and Importers
Employers are encouraged to familiarize themselves with the updated HCS and identify what business practices must be changed to ensure compliance.
OSHA recognizes that workers are exposed to a variety of significant hazards associated with chemicals used in the workplace. Although the Final Rule tends to increase worker safety, employers should note that the updated HCS serves to ensure that employers and workers alike are provided the information they need about chemical hazards to promote increased safety in the workplace.
