Breaking News: New Hazard Communication Standard
On March 20, 2012, the Department of Labor announced a final rule updating the Occupational Safety and Health Administration ("OSHA") Hazard Communication Standard ("HCS"), which is used to classify and identify chemicals according to their health and physical hazards. The existing standard was revised to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals. The revised HCS establishes consistent labels and safety data sheets for chemicals produced in the United States or imported from abroad, with the goal of making classifications and safety data sheets more easily understood and more consistent on an international basis. The revised HCS will be fully implemented in 2016, but manufacturers, importers, distributors, and employers who utilize hazardous chemicals must meet more immediate training and compliance deadlines. The following is a summary of the changes and applicable deadlines:
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New Classification Criteria: The revised HCS provides specific criteria for health and physical hazards to help chemical manufacturers and importers classify chemical hazards.
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New Labels: Chemical manufacturers and importers will be required to use new labels, which include a harmonized signal word, pictogram, and hazard statement based upon the hazard classification for the chemical or product.
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New Safety Data Sheets: Under the revised HCS, safety data sheets will follow a specified 16-section format.
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New Pictograms: The revised HCS utilizes eight new pictograms to convey the health and physical hazards of chemicals, such as toxicity and flammability. Those pictograms, as well as an optional environmental hazard pictogram (environmental hazards are not within OSHA’s jurisdiction).
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Training Deadline: Employers must train their workers on the new label elements, pictograms, and safety data sheet format by December 1, 2013.
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Compliance Deadline: Chemical manufacturers, importers, distributors, and employers must comply with all modified provisions of the HCS final rule by June 1, 2015. However, distributors may ship products labeled under the old system until December 1, 2015. By June 1, 2016, employers must update workplace labeling and hazard communication programs as needed and provide additional worker training for any newly-identified physical and health hazards. During the transition period, chemical manufacturers, importers, distributors, and employers may comply with the new HCS, the current standard, or both.
If you have any questions regarding compliance with these requirements and deadlines, simply contact any member of the Troutman Sanders LLP Labor & Employment Group.
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