OSHA has published its long awaited final rulemaking to bring the existing Hazard Communication Standard (HCS) (29 CFR 1910.1200) in line with Revision 3 of the United Nation’s Globally Harmonized System of Classification and Labelling (GHS) which also is known simply as the Purple Book.

The final Rulemaking will be issued on March 26, 2012 and up to then can be found at: http://www.osha.gov/dsg/hazcom/ghs-final-rule.html

HAZARD CLASSES

As indicated in its proposed rulemaking, OSHA has adopted all physical and health hazard endpoints found in the revision 3 of the Purple Book with the following exceptions:

• Acute Toxicity (category 5 for oral, dermal and inhalation exposures)
• Skin Corrosion/Irritation (category 3)
• Aspiration Hazard (category 2)
• Hazardous to the Environment (all endpoints)

These exclusions are consistent with the prior scope of coverage found in 29 CFR 1910.1200 originally effective November 25, 1985.

Additional endpoints that are now included are:

• Combustible dusts
• Pyrophoric gases
• Simple asphyxiants

Hazards not specifically addressed by the United Nation’s Globally Harmonized System of Classification and Labelling (GHS) are now termed ‘hazards not otherwise classified’ by OSHA.

Health hazard criteria can be found in Appendix A while physical hazard criteria can be found in Appendix B.

The following tables identify the included building blocks:

 MIXTURE CLASSIFICATION

Mixture classification is no longer simply based on two simple thresholds (0.1% and 1%). Mixture classification for health hazards is handled by one of several ways:

1. Bridging Principles (can apply to Acute toxicity endpoints – see Figure A.1.1 – and certain other health endpoints)
2. Formula (one of two calculations may apply to Acute toxicity endpoints – see Figure A.1.1) 
3. Summation (a calculation method  that applies to Skin corrosion/irritation and Serious eye damage/irritation endpoints)
4. Non-additive methods (applies to Skin corrosion/irritation and Serious eye damage/irritation endpoints)
5. Cut-off values/concentration limits method (Sensitization - respiratory and skin, Germ cell mutagenicity, Carcinogenicity, Reproductive toxicants, Specific target organ toxicity - single exposure, Specific target organ toxicity - repeated exposure)

 SDS

OSHA has included an obvious but necessary change to ensure world-wide consistency when referring to hazard communication documents. The phrase ‘Material Safety Data Sheet’ and the acronym ‘MSDS’ is being replaced by the phrase ‘Safety Data Sheet’ and the acronym ‘SDS’ respectively.

Appendix D – Safety Data Sheets outlines the required format for the SDS and is considered mandatory.

As was expected, OSHA is allowing the use of a 16 section format for SDSs but will not enforce information requirements for Sections 12 through 15 as coverage in these sections exceeds the scope of OSHA’s mandate.

LABELING

Appendix C – Allocation of Label Elements is considered mandatory and identifies per endpoint, the required symbol/pictogram, signal word, hazard statements and precautionary statements (prevention, response, storage and disposal). Additional required label elements are the Product identifier and the Name, address and telephone number of the manufacturer, importer or other responsible party.

Symbols/pictograms will be in the shape of a square set at a point and shall include a black hazard symbol on a white background with a red frame sufficiently wide to be clearly visible.

The existing stay on enforcement of label changes within 90 days is being lifted.  The new timeframe for label update is six months after becoming aware of new information.  By the end of the six month period, chemical manufacturers, importers, distributors or employers must ensure that labels on containers shipped contain new, significant information regarding the hazards of a chemical.

 TRANSITION PERIOD

Provisions of the Final Rule will become effective 60 days after publication in the Federal Register.

 AFFECTED CITATIONS

Other standards such as the Flammable and Combustible Liquids Standard (29 CFR 1910.106), the Process Safety Management Standard (29 CFR 1910.119) and selected substance specific health standards (29 CFR 1910.1001-1052) have been revised to conform to the new criteria as well as revised for associated hazard communication elements. Here’s a complete listing of affected citations:

FURTHER INFORMATION

The text of the final rulemaking will be published in the Federal Register on Monday March 26, 2012. As is consistent with any published changes to existing rules, only the revised or new text will appear in this document.  OSHA has also made available Quick Cards, Fact Sheets and FAQs to aid understanding and ensure compliance with the new Hazard Communication Standard 2012.

Redline strikeout of the HCS Final Regulatory text 2012 can be found at: http://www.osha.gov/dsg/hazcom/redline.html. The Side-by-Side Comparison of OSHA’s Existing Hazard Communication Standard (HCS 1994) vs. the Revised Hazard Communication Standard (HCS 2012) which can be found at: http://www.osha.gov/dsg/hazcom/side-by-side.html