Does this requirement impact certain industries more than others?
Posted: Tue Dec 17, 2024 5:52 am
4. Does the revised Hazard Communication Standard interact with other standards or regulations that businesses must comply with?
There is no direct interaction between the HCS and other standards. However, OSHA strives to be consistent with other regulations that have labeling requirements by acknowledging those requirements in paragraph (b), scope and application, of the HCS such as consumer products. OSHA will also work with other agencies on compliance with their regulations such as the EPA pesticide labeling requirements and the safety data sheet ( PRN 2012-1: Material Safety Data Sheets as Pesticide Labeling | US EPA (e) and EPCRA sections 311 and 312 ( osha_hcs_factsheet.pdf (epa.gov)) .
5. Was there any consultation with industry stakeholders during the review process? What impact did their input have on the final changes?
During the rulemaking process, OSHA solicits and receives comments from 99 acres database stakeholders. In the Proposal, OSHA solicited comments not only on the proposed rule but also on various issues and alternatives. In addition, OSHA held an informal public hearing so that interested parties could provide evidence. During the rulemaking process, OSHA received over two hundred comments. OSHA reviewed the comments and evidence and then based the final rule on the record. Through this process, OSHA made several significant changes from the proposal to the final rule. First, it removed the proposed requirement that the “release for shipment” date be on the label, it also revised the proposed language for clarification in (d)(1) to address stakeholder concerns, and it finalized several changes from revision 8 (updated the skin and eye to better incorporate non-animal testing and adopted the hazard classification of chemicals under pressure).
This update primarily addresses classifications, labels and SDSs, so chemical manufacturers, importers and distributors will be most affected.
7. Are there any exemptions or special circumstances for specific industries or substances?
There are no specific exemptions or special circumstances for specific industries or substances per se. However, many of the flexibilities that OSHA finalized in the final rule stemmed from issues that arose during the implementation of the 2012 HCS. For example, OSHA’s requirements for small packages where a full label is not feasible resulted from issues that were brought to OSHA’s attention after the implementation of the 2012 HCS.
8. How should existing chemical inventories and SDSs be updated?
Companies can start by reviewing their Written Hazard Communication Program, including the chemical inventory. This will set the stage for any potential future updates. As new SDSs and labels become available, companies should monitor any potential changes so they can update their program, provide any necessary training, or update workplace labels, if necessary, by the compliance dates.
9. What resources are available to assist with compliance?
OSHA is prepared to update its guidance material and enforcement guidance to support implementation of the final rule. However, there are many resources available to assist with substance classification. Care should be taken to ensure that the lists are consistent with OSHA’s classification criteria.
There is no direct interaction between the HCS and other standards. However, OSHA strives to be consistent with other regulations that have labeling requirements by acknowledging those requirements in paragraph (b), scope and application, of the HCS such as consumer products. OSHA will also work with other agencies on compliance with their regulations such as the EPA pesticide labeling requirements and the safety data sheet ( PRN 2012-1: Material Safety Data Sheets as Pesticide Labeling | US EPA (e) and EPCRA sections 311 and 312 ( osha_hcs_factsheet.pdf (epa.gov)) .
5. Was there any consultation with industry stakeholders during the review process? What impact did their input have on the final changes?
During the rulemaking process, OSHA solicits and receives comments from 99 acres database stakeholders. In the Proposal, OSHA solicited comments not only on the proposed rule but also on various issues and alternatives. In addition, OSHA held an informal public hearing so that interested parties could provide evidence. During the rulemaking process, OSHA received over two hundred comments. OSHA reviewed the comments and evidence and then based the final rule on the record. Through this process, OSHA made several significant changes from the proposal to the final rule. First, it removed the proposed requirement that the “release for shipment” date be on the label, it also revised the proposed language for clarification in (d)(1) to address stakeholder concerns, and it finalized several changes from revision 8 (updated the skin and eye to better incorporate non-animal testing and adopted the hazard classification of chemicals under pressure).
This update primarily addresses classifications, labels and SDSs, so chemical manufacturers, importers and distributors will be most affected.
7. Are there any exemptions or special circumstances for specific industries or substances?
There are no specific exemptions or special circumstances for specific industries or substances per se. However, many of the flexibilities that OSHA finalized in the final rule stemmed from issues that arose during the implementation of the 2012 HCS. For example, OSHA’s requirements for small packages where a full label is not feasible resulted from issues that were brought to OSHA’s attention after the implementation of the 2012 HCS.
8. How should existing chemical inventories and SDSs be updated?
Companies can start by reviewing their Written Hazard Communication Program, including the chemical inventory. This will set the stage for any potential future updates. As new SDSs and labels become available, companies should monitor any potential changes so they can update their program, provide any necessary training, or update workplace labels, if necessary, by the compliance dates.
9. What resources are available to assist with compliance?
OSHA is prepared to update its guidance material and enforcement guidance to support implementation of the final rule. However, there are many resources available to assist with substance classification. Care should be taken to ensure that the lists are consistent with OSHA’s classification criteria.