OSHa’s Revised Hazard Communication Standard Imposes Signifcant New Requirements ARE YOU READY? Washington, D.C. | Brussels | San Francisco | Shanghai www.khlaw.com Revised HCS has Substantial Changes OSHA published a final rule on March 26, 2012, amending its HCS (29 C.F.R. 1910.1200) to generally conform with the GHS. The rule went into effect on May 25, 2012, but will not be fully implemented until 2016. Key changes include: Hazard classification. The original HCS was based on a determination as to whether there was a single positive study indicating that a chemical posed a health hazard. The revised HCS classifies chemicals based on a weight of evidence analysis. In addition, hazard classification under the revised HCS includes determining the severity of the hazard and assigning it to the appropriate category within that hazard class. Now, there are 10 health hazard classes and 16 physical hazard classes with associated criteria. Labels for shipped containers. The revised HCS requires more infor- mation on labels of shipped containers of hazardous chemicals. Specif- ically, the label will have to include: the product identifier; a signal word; standardized hazard statements; a pictogram for each hazard for which a pictogram is required; standardized precautionary statements; and the name, address and telephone number of a responsible party. (See chart for more details.) Additional information is permitted if accurate and not contradictory. Safety Data Sheets. Use of a 16-section SDS is required, and the required content of each section (with some exceptions) is specified under Appendix D of the revised HCS. Additional information is per- mitted if accurate and not contradictory. ORIGINaL HCS Label Elements • Identityofthehazardous chemical(s) • Appropriatehazardwarnings • Nameandaddressofthe chemicalmanufacturer, importerorotherresponsible party Label Phrasing/Language • Developedbythemanufacturer, importerorotherresponsible party REvISEd HCS Label Elements • Productidentifier • Signalword • Hazardstatement(s) • Pictogram(s) • Precautionarystatement(s) • Name,address,andtelephone numberofthechemical manufacturer,importerorother responsibleparty Label Phrasing/Language • MandatorylanguagefromGHSis providedinAppendixC, “AllocationofLabelElements.” Red border around each pictogram • Mustbered,noemptyredblocks Labels Changes Required Under the Revised HCS Washington, D.C. | Brussels | San Francisco | Shanghai www.khlaw.com ABOUT KELLER AND HECKMAN LLP Keller and Heckman is an international law firm that helps the world’s most vital businesses achieve their objectives. Founded in 1962, the firm has a broad prac- tice in the areas of regulatory law, litigation and business transactions. We represent a wide spectrum of compa- nies—from multinational corporations to leading edge start-up companies—and trade associations servicing a wide range of industries, including industrial and spe- cialty chemicals; pesticides; foods, drugs and medical devices; plastics; transportation; and telecommunica- tions. Keller and Heckman’s practice covers the diverse regulatory areas that affect these industries, as well as related business counseling and litigations matters. We serve our clients by combining science and technical expertise with specialized legal talent. On staff to assist us in providing those services are scientists and attor- neys in the fields of toxicology, organic and inorganic chemistry, biochemistry, analytical chemistry, molecular biology, environmental science, chemical engineering, and industrial hygiene. These integrated capabilities enable us to provide solutions that are outside the scope of the traditional law firm.
Transcript
OSHa’s Revised Hazard
Communication Standard imposes Significant new Requirements
ARE YOU READY?
Washington, D.C. | Brussels | San Francisco | Shanghai
www.khlaw.com
Revised HCS has Substantial ChangesOSHA published a final rule on March 26, 2012, amending its HCS(29 C.F.R. 1910.1200) to generally conform with the GHS. The rulewent into effect on May 25, 2012, but will not be fully implementeduntil 2016.
Key changes include:
Hazard classification.The original HCS was based on a determinationas to whether there was a single positive study indicating that a chemicalposed a health hazard. The revised HCS classifies chemicals based on aweight of evidence analysis. In addition, hazard classification under therevised HCS includes determining the severity of the hazard and assigningit to the appropriate category within that hazard class. Now, there are 10health hazard classes and 16 physical hazard classes with associated criteria.
Labels for shipped containers. The revised HCS requires more infor-mation on labels of shipped containers of hazardous chemicals. Specif-ically, the label will have to include: the product identifier; a signal word;standardized hazard statements; a pictogram for each hazard for whicha pictogram is required; standardized precautionary statements; and thename, address and telephone number of a responsible party. (See chartfor more details.) Additional information is permitted if accurate andnot contradictory.
Safety Data Sheets. Use of a 16-section SDS is required, and therequired content of each section (with some exceptions) is specifiedunder Appendix D of the revised HCS. Additional information is per-mitted if accurate and not contradictory.
ORiginaL HCS Label Elements• Identity�of�the�hazardous�chemical(s)
Red border around each pictogram• Must�be�red,�no�empty�red�blocks
Labels Changes Required Under the Revised HCS
Washington, D.C. | Brussels | San Francisco | Shanghai
www.khlaw.com
ABOUT KELLER AND HECKMAN LLP
Keller and Heckman is an international law firm thathelps the world’s most vital businesses achieve theirobjectives. Founded in 1962, the firm has a broad prac-tice in the areas of regulatory law, litigation and businesstransactions. We represent a wide spectrum of compa-nies—from multinational corporations to leading edgestart-up companies—and trade associations servicing awide range of industries, including industrial and spe-cialty chemicals; pesticides; foods, drugs and medicaldevices; plastics; transportation; and telecommunica-tions. Keller and Heckman’s practice covers the diverseregulatory areas that affect these industries, as well asrelated business counseling and litigations matters.
We serve our clients by combining science and technicalexpertise with specialized legal talent. On staff to assistus in providing those services are scientists and attor-neys in the fields of toxicology, organic and inorganicchemistry, biochemistry, analytical chemistry, molecularbiology, environmental science, chemical engineering,and industrial hygiene. These integrated capabilitiesenable us to provide solutions that are outside the scopeof the traditional law firm.
OSHa’s Revised Hazard Communication Standard imposes Significant new
Requirements on virtually all Employersare you ready?
The U.S. Department of Labor’s Occupational Safety and HealthAdministration (OSHA) revised its Hazard Communication Standard (the HCS) to align it with the United Nations’ GloballyHarmonized System of Classification and Labeling of Chemicals(the GHS). The GHS is an international and generally standardizedapproach for classifying chemicals and preparing labels and safetydata sheets (SDS) for the chemical hazard classes covered by the GHS. It provides classification criteria for the health, physical and environmental hazards of chemicals covered by the GHS; andstandardized communication methods for chemical hazard informa-tion, including labeling and SDSs.
The revisions to OSHA’s HCS will significantly impact the opera-tions and potential tort liability of all importers, manufacturers, distributors and users of hazardous chemicals. Accordingly, it isimportant that every employer in the distribution chain of hazardouschemicals understand the impact, including:
• The new requirements; • The time-frames for coming into compliance;• The problems of operating under two systems during thephase-in period;
• The potential impact on chemical management and interre-lated OSHA requirements, such as permissible exposure limits(PELs) and the use of respiratory protection and other per-sonal protective equipment; and
• The requirements for employee training on chemical classifi-cation, labels and SDSs.
Compliance deadlinesThe deadlines for compliance with specific requirements of therevised HCS are:
December 1, 2013: Employees must be trained on the new labelelements and safety data sheet format.
June 1, 2015: All U.S. chemical container labels and SDSs must berevised to meet new requirements; however, distributors can shipproducts with old labels until December 1, 2015.
June 1, 2016:Workplace labeling, the employer’s hazard commu-nication program, and training on newly identified hazards mustmeet the new requirements.
Early Training RecommendedEmployees should be trained as soon as possible on the revised HCSbecause: 1) many U.S. importers and manufacturers will adoptGHS-based labels and SDS long before the compliance deadline;and 2) many international companies have already implementedtheir versions of the GHS.
During the phase-in period of the revised HCS, labels and SDSsunder both standards will be present in the workplace. Some chem-ical suppliers may shift to the new system for one product and notanother. Also, two suppliers of the same chemical may choose dif-ferent compliance dates, which means the purchaser of that chemicalcould receive significantly different SDSs and label information forthe same chemical.
Employers must be aware of the time-frames for coming into com-pliance, manage the challenges of operating under two systems dur-ing the transition period, and recognize that they are likely to receivenew chemical hazard information from their chemical suppliers ona seemingly random basis for the next several years. Early trainingwill ensure that employees are familiar with the new labels and SDSs,and can effectively access and use information from them as soon asthey start arriving in their workplaces.
How Keller and Heckman Can HelpGiven the breadth of the changes, it is critical for employers toimmediately begin considering the impact of the revised HCS ontheir business operations and develop a plan for coming into com-pliance. Importantly, there are significant benefits to complyingwith the GHS principles in the revised HCS in defending againstthird party claims under state toxic tort laws, as well as achievingcompliance with the Occupational Safety and Health Act (OSHAct).
Keller and Heckman can assist companies with all aspects of com-ing into compliance with the revised HCS, including: creating and delivering an employee training program, or reviewing anemployer’s training program; evaluating the hazards of chemicalsand updating SDSs and labels; and auditing an employer’s programfor compliance with OSHA requirements or an employer’s internalprogram. The revised HCS imposes a new classification scheme forhazardous chemicals that includes both hazard classes and hazardcategories within those classes. With in-house toxicologists andchemists, and expertise in industrial hygiene, we can advise clientson how to classify chemicals under the new system, including situations where the classification is not obvious and requires aweight of evidence analysis.
Chemical regulation remains one of the employer community’smost significant challenges. Keller and Heckman is uniquely positioned to assist clients in all aspects of compliance. Thisincludes preparation of SDSs, labels, programs and training thatmeet the requirements of OSHA’s newly revised HCS; California’sProposition 65; Health Canada’s Workplace Hazardous MaterialsInformation System program; the EU’s implementation of REACHand the GHS under its Regulation on the Classification, Labeling,and Packaging of Chemicals (CLP); and corresponding require-ments in China, Japan, Australia and other countries. Our regula-tory, industrial and scientific expertise allows us to craft effectivehazard communication and other materials needed to meet chem-ical regulatory requirements around the world.
