OSHA’s Updated Hazard Communication Standard

On July 19, 2024, OSHA’s updated final rule on its Hazard Communication Standard (HCS) went into effect. The amendments address issues that arose during the implementation of the 2012 HCS updates and provide better alignment with other U.S. agencies and international trading partners while enhancing the standard’s effectiveness. OSHA also wanted the rule to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals.

The modifications to the HCS include:

• Revised criteria for the classification of certain health and physical hazards to better capture and communicate the hazards to downstream users
• Revised provisions for labels (including provisions addressing the labeling of small containers and the relabeling of chemicals that have been released for shipment)
• Amendments related to the contents of safety data sheets (SDSs)
• New provisions relating to concentrations or concentration ranges claimed as trade secrets

In particular, the final rule requires labels on small packaging to be more comprehensive and readable. It makes changes to help ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on SDSs.

Workers also stand to benefit from other updates, including a clearer hazard classification process to provide more complete and accurate hazard information on labels and SDSs; updated physical hazard classes to better inform users on the safe handling of explosives, aerosols and chemicals under pressure; and updated precautionary statements on how to safely handle, store and dispose of hazardous chemicals.

The new rule also includes OSHA’s letters of interpretation that provide for changes that include:

• New, revised and updated definitions
• Updated labeling requirements
• Changes to the flammable gas hazard classification
• Revised health hazard statements and precautionary statements
• Revised chapters on skin corrosion/irritation, serious eye damage and irritation

The final rule’s compliance dates are:

• January 19, 2026, for chemical manufacturers, importers, distributors and employers who evaluate substances to update labels and SDSs
• July 19, 2027, for chemical manufacturers, importers, distributors and employers who evaluate mixtures to update labels and SDSs

In addition, all employers must, as necessary, update any alternative workplace labeling, update the hazard communication program, and provide any additional employee training for newly identified physical hazards, health hazards or other hazards no later than July 20, 2026, for substances and no later than January 19, 2028, for mixtures.

Until those dates, chemical manufacturers, importers, distributors and employers may comply with either the previous standard, the updated standard or both.

Employers should review the final rule to determine how the changes affect them. Specifically, chemical manufacturers, importers, distributors, and all employers that evaluate substances and mixtures should pay attention to their specific compliance dates for required actions.

Contact us today for more information.