Print page

Home » Articles » Compliance Advisor

Perspective: Compliance Advisor

OSHA Aims to Harmonize Standards

Aligning chemicals labeling with global rules involves major efforts.

By Lynn Bergeson, Regulations Editor

The Occupational Safety and Health Administration (OSHA) began the Herculean task of aligning the U.S.'s Hazardous Communication Standard (HCS) with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in September 2009. GHS provides harmonized criteria for classifying chemicals according to their health and physical hazards, and specifies hazard communication elements for labeling and creating safety data sheets (SDS).

The HCS is the core federal rule intended to communicate hazards within the workplace. As such, the HCS is a critically important tool that complements and reinforces other essential components of workplace safety, including process safety management, respiratory protection, and other safety and health standards. Following is a summary of the key aspects of the proposal.

HCS Requirements
The HCS requires chemical manufacturers and importers to evaluate chemical hazards and provide information to downstream users. OSHA's proposed modifications to align the HCS with the GHS include revised criteria for chemical hazard classification; revised labeling provisions; a specified format for SDSs; and related revisions to definitions of terms used in the standard and employee training requirements on labels and SDSs. OSHA is also proposing to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements.

Key Proposals
OSHA has proposed several major changes to the HCS:

Hazard Classification — OSHA wants to replace the current HCS hazard determination requirement with all of the physical and health hazard classes listed in the GHS. OSHA is proposing to include all hazard categories in the GHS except Acute Toxicity Category 5 for oral, dermal or inhalation exposures; Skin Corrosion/Irritation Category 3; and Aspiration Hazard Category 2. Additionally, chemical producers and importers would be required to classify the mixture, as opposed to current HCS rules where hazard determinations are based on hazardous components in mixtures above a 1% threshold or 0.1% for carcinogens, unless the mixture has been tested as a whole.

Labels — OSHA proposes that chemical manufacturers and importers be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements also must be provided.

Safety Data Sheets — OSHA seeks to require that permissible exposure limits be included on the SDS, which would replace the Material Safety Data Sheet term, as well as any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the SDS.

Additional Impact
Several other issues may have a direct impact on the chemicals industry.

Economic Impacts and Economic Feasibility — As the proposal affects 5 million workplaces, OSHA is interested in comments on the number of affected employees and how many SDSs would need revision, by industry. The agency preliminarily estimated the principal costs of the standard to chemical producers for reclassification of chemicals, remaking SDSs or redoing labels; and to chemical users for familiarization and program changes for managers, and for training exposed employees.

Effects on Small Entities — OSHA certified that the proposed standard won't significantly impact a substantial number of small entities. Therefore OSHA has prepared a voluntary initial regulatory flexibility analysis on which comment was requested.

Effective Dates — OSHA has proposed to require that employers train employees regarding the new labels and SDSs within two years after publication of the final rule to ensure they are familiar with the new approach when they begin to see new labels and SDSs in their workplaces. It was proposed that chemical manufacturers, importers and distributors  be required to comply with all provisions of the modified final rule within three years of its publication.

What's Next?
OSHA, on December 29, 2009, announced public meetings in March and April around the country on the proposal. Additional hearings may be convened as appropriate later in the year. In the interim, OSHA will consider the many comments it has received on the proposal. Regulated entities will want to track this rulemaking carefully as it has significant implications for industry.

Lynn Bergeson is managing director of Bergeson & Campbell, P.C., a Washington, D.C.-based law firm that concentrates on chemical industry issues. The views expressed herein are solely those of the author. This column is not intended to provide, nor should be construed as, legal advice. You can e-mail her at lbergeson@putman.net.

More From This Perspective

OSHA Aims to Harmonize Standards
03/10/2010
Aligning chemicals labeling with global rules involves major efforts.

Disclosure Protection May Narrow
02/09/2010
EPA targets confidential business information claims.

EPA Takes Unprecedented Action
01/12/2010
Agency targets several types of "Risk List" chemicals.

Prepare to Report Climate Risks
12/07/2009
Pressure mounts on companies to increase required disclosures.

EPA Targets Electric Utilities
11/04/2009
The agency steps up efforts to manage coal ash damage.

Expect More Inspections
10/23/2009
OSHA’s National Emphasis Program targets more facilities.

EPA Launches Online Discussion
09/08/2009
It’s your chance to impact National Enforcement Program priorities.

Compliance Advisor: Think Small for Water Management
08/05/2009
EPA hosts conference on decentralized wastewater treatment systems.

Safety Comes First for Nanotechnology
07/13/2009
Online guide provides innovative path to product stewardship.

Anti-Terrorism Mandates Face Major Revision
06/08/2009
Prospective legislation may put more emphasis on inherent safety.

Compliance: Vehicle Emissions May Prove Costly
05/11/2009
EPA proposes to find that GHGs endanger public health.

Program Targets Toxic "Hot Spots"
04/14/2009
EPA rolls out school monitoring air initiative.

Chemical Leasing is a Viable Option
03/13/2009
Use it to promote sustainable management of chemicals

Court Strikes Down Key Emissions Exemption
02/20/2009
Decision tightens hazardous air pollution emissions standards.

Legislators Set Agenda for Change
01/15/2009
Regulations are expected to target the chemical industry in 2009.

EPA/Corps Try to Clear Muddied Waters
12/11/2008
EPA and the U.S. Army Corps of Engineers issue joint guidance about Clean Water Act jurisdiction.

Expect More Water Regulation Everywhere
11/18/2008
EPA gets tough on arsenic levels in drinking water

EPA Finally Amends Definition of Solid Waste
10/22/2008
Rule provides exclusions for reclamation of hazardous secondary materials.

Compliance Advisor: New bills target chemicals
06/17/2008
Congress considers kid-safe chemicals legislation

Hazardous chemical shipments face rerouting
06/02/2008
DOT issues new railway rules to keep safety and security on right track

Biomonitoring continues to gain momentum
05/02/2008
CDC outlines criteria for removing chemicals from national report

Act before there’s not a drop to drink
02/13/2008
The Ground Water Protection Council is taking an active role.

Get the lead out
02/05/2008
EPA rethinks air quality standards, seeks comments.

Product stewardship grows globally
01/07/2008
Product stewardship is more essential today than ever before. Globally, stewardship initiatives, whether mandatory or voluntary, are emerging with regularity, and their significance should neither be ignored nor underestimated. Here’s why.

EPA clarifies position on ion-generating equipment
10/30/2007
Claims about a product’s ability to kill pests, including germs, can lead to EPA regulation, says Lynn Bergeson, regulatory editor.

EPA assesses link to greenhouse gases
09/27/2007
Steps taken during manufacturing can significantly impact landfill emissions, advises Lynn Bergeson, regulatory editor, in this month's Compliance Advisor column.

Tiny particles are drawing big interest
08/31/2007
Regulatory Editor Lynn Bergeson discusses how a voluntary program aims at responsible development of nanotechnology in this month's Compliance Advisor column.

Candidate contaminants get reprieve
08/01/2007
EPA decides not to regulate 11 materials in water. Read what Regulatory Editor Lynn Bergeson says about it in this month's Compliance Advisor column.

DHS aims to lock down security rules
07/06/2007
Expect a final ruling this summer on chemicals covered and some other key issues, warns Lynn Bergeson, regulatory editor.

Process safety is a good way to avoid bad consequences
06/06/2007
Process safety is an essential component of risk avoidance. The Occupational Safety and Health Administration (OSHA) has long recognized the critically important role for process safety awareness.

EPA must reconsider carbon dioxide
04/24/2007
Court rules that the agency has power to regulate greenhouse gases. Regulator Editor Lynn Bergeson how the ruling came to be and its impace on the industry.

Federal agencies really get the “green” light
03/28/2007
Executive Order creates opportunities for smart businesses, according to Lynn Bergeson, in April's Compliance Advisor column.

Chemicals transport faces worldly issues
03/01/2007
Global classification and labeling system aims to boost safety, Lynn Bergeson says in this month's Compliance Advisor column.

Chemical security rules edge forward
02/12/2007
Advance rulemaking was recently issued on anti-terrorism standards. Lynn Bergeson provides a summary in monthly Compliance Advisor column.

Exporters get reporting relief
01/08/2007
EPA eases annual reporting requirements and thresholds, and exporters are feeling relief, according to Lynn Bergeson in her monthly Compliance Advisor column.

Wal-Mart applies clout
12/05/2006
Wal-Mart Stores, Inc., previously committed to reduce by 5% the packaging used by its 60,000 suppliers by 2013. Now, a new initiative uses a scorecard to tackle wasteful packaging.

Get answers to your biomonitoring questions
10/24/2006
Guidance for chemical manufacturers, processors, and distributors about Section 8(e) of the Toxic Substances control act was issued on September 14, by the U.S. Environmental Protection Agency (EPA). Chemical Processing's Regulatory Editor Lynn Bergeson discusses the new regulation.

Expect tighter particulate matter standards
09/21/2006
Tighter particulate matter standards are in our future, according to Regulatory Editor Lynn Bergeson in this month's Compliance Advisor column on ChemicalProcessing.com

Biomonitoring gets a going-over
09/11/2006
The current state of biomonitoring is detailed in the much anticipated report issued July 24 by the Committee on Human Biomonitoring for Environmental Toxicants of the National Academies, Washington, D.C.

The impact of the European Union's directives on the U.S.
08/17/2006
The Restrictions of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (the RoHS Directive) is part of a growing wave of European Union product-based regulations that will profoundly impact global and United States product standards — and thus the chemical industry.

Small sensors promise big impact
06/28/2006
Because many environmental applications of nanotechnology will almost certainly revolutionize the science, law, and regulation of water pollution, readers are urged to keep abreast of this fast-changing area.

NIOSH makes big effort on small particles
06/20/2006
Many federal and international bodies are striving to identify and conduct research to fill data needs in connection with the health and safety implications of nanotechnology.

Develop an air-tight defense
04/24/2006
Chemical processors face significant challenges in controlling fugitive emissions. The emissions escape from valves, compressors, pumps, piping components, etc. It is a difficult task, but necessary to avoid penalties and other liability.

What does EPA have in store?
02/17/2006
Don’t expect any major changes in U.S. Environmental Protection Agency (EPA) regulations during 2006. Here’s a summary of trends and developments anticipated this year.

The importance of waste minimization
12/21/2005
It makes good environmental, economic, and business sense.

EPA seeks to reduce TRI reporting burden
11/27/2005
The EPA has proposed a new act in regards to reducing Toxics Release Inventory (TRI). Read here to get the details on how it might affect your plant.

Wade in on water pollutant detection
09/27/2005
An EPA initiative provides a mechanism for helping to shape pending actions.

EPA pushes material-management challenges
08/25/2005
The agency is striving to increase cooperative projects with industry to conserve resources.

Biomonitoring assumes growing significance
07/25/2005
Greater emphasis on chemicals uptake is raising the role of this safety tool.

Nanotechnology readies for a wastewater role
06/27/2005
The federal government strongly backs development of nanotechnology, seeking to ensure that the United States leads the way in developing and commercializing appropriate applications.

The essentiality of process-safety management
05/25/2005
The Chemical Safety and Hazard Investigation Board (CSB) says revision of the Process Safety Management standard is necessary, but OSHA disagrees.

Ultrafine Particles Come Under the Microscope
07/01/2004