OSHA’s revised HazCom rule: Where is it?
OSHA published proposed changes to the Hazard Communication (HazCom) Standard on February 16, 2021. Several days of public hearings were held at the end of September 2021. The agency’s Spring 2022 regulatory agenda projected a December 2022 timeline for the final rule’s publication; however, given that OSHA has not yet submitted it to the Office of Budget and Management (OMB) for approval and that process could take up to 90 days, we won’t see the final rule in 2022.
OSHA’s Fall 2022 regulatory agenda is expected any day and may provide updated information on the final rule’s status.
Who’s affected?
While the rule mainly impacts chemical manufacturers, importers, and distributors, employers would need to maintain any updated safety data sheets (SDSs) received and train employees in new chemical hazards that arrive at work.
What’s changing?
The proposed revisions are intended to:
- Align the HazCom Standard with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7 (the rule as it currently stands aligns with GHS Revision 3, while the most recent GHS Revision 9 was published in 2021);
- Address issues that arose during implementation of the 2012 HazCom update; and
- Provide better alignment with other U.S. agencies and international trading partners.
An overview of the changes based on the proposed rule include:
- New and revised definitions
- New labeling requirements for small containers and bulk containers
- Significant changes to the flammable gas hazard class
- Revised health hazard statements and precautionary statements in some cases
What’s the “effective date” timelime?
The proposed rule indicates the final rule will take effect within 60 days of its publication in the Federal Register. It also states that chemical manufacturers, importers, and distributors evaluating substances must be in compliance one year after the effective date of the final rule, and those evaluating mixtures have two years to be in compliance.
However, in drafting the final rule, OSHA must consider and address the public comments it received. This means these provisions could change.
Key to remember
While OSHA’s final HazCom rule was projected for publication in December 2022, it’s likely to arrive in the first half of 2023.