What You Need To Know About OSHA's Revised HazCom Standard

Hazardous materials in and/or at a property can create significant health, safety, environmental, and liability concerns.  To better address this, the Occupational Safety & Health Administration (OSHA) has revised its Hazard Communication Standard 29 CFR 1910.1200 (known as HazCom 2012) to adopt the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).  GHS is the model hazard communication system developed by the United Nations, and was designed to replace the various classification and labeling standards used around the world.  OSHA intent in adopting the uniform system is to reduce the burden on companies and increase the quality and consistency of information regarding chemical hazards and their associated protective measures in the workplace and transportation. 

Required compliance will be phased in over the next year and a half.  From a liability perspective, 70% of OSHA violations involve the Hazard Communication Standard and are among the most frequently cited, along with Fall Protection violations.  Understanding the specifics of changes, and how and when they apply, is critical to preventing non-compliance with the revised standard.

Key Changes to OSHA Hazard Communication Standard

Any property with at least one employee and one hazardous material (which include common cleaning products like bleach, glass cleaners, disinfectant sprays, etc.) onsite is subject to the regulations.  The new standard will feature a few major changes from the currently-utilized Hazard Communication Standard, including:

• Uniform criteria for classification of substances and chemicals according to physical and health hazards.  GHS outlines criteria for determining if a chemical is hazardous and the degree of each.  OSHA list the criteria in Appendix A and B of the Hazard Communication Standard.
• A standardized approach to labelling which must include:
  • Product Identifier -- Same product identifier as found on Safety Data Sheet
  • Supplier Information -- Including name, address, and phone number of responsible party
  • Pictogram(s) -- black hazard symbol on white background with red diamond border
  • Signal Word -- depending upon hazards, must use either "Danger" or "Warning,"
  • Hazard Statement(s) -- Declarative statement regarding nature or degree of hazard
  • Precautionary Statement(s) -- Descriptions of appropriate prevention, storage, response, and spill measures
  • Safety Data Sheets (SDS) will be replacing Material Safety Data Sheets (MSDS). The main differences between the old MSDS and new SDS are organization, number and content of sections, information included, and degree to detail.

As mentioned, non-compliance with Hazard Communication Standards was common even before these revisions. To ensure compliance the following minimum procedures and practices should be adopted:

• A written site-specific Hazard Communication program
• A list of hazardous chemicals present in the workplace
• Safety Data Sheets for all hazardous chemicals
• Proper use of labels and warning signs in the workplace
• Training all employees working with hazardous chemicals on the Hazard Communication Standard requirements and the specific hazards of the chemicals in the workplace.  Training was required for all affected employees by December 1, 2013 on the new Hazard Communication Standard.  Training is required for employees working chemicals when initially hired and whenever a new hazard is introduced into the work place.

Having an up-to-date chemical inventory and ensuring there is a SDS for each chemical onsite is a key component for managing a successful transition to the new Hazard Communication requirements.

Implementation Schedule

Below is a timeframe for implementation of the new changes: 

June 1, 2015:  Compliance with all modified provisions of the final rule, except the two requirements outlined below.  Responsible parties include: chemical manufacturers, importers, distributors and employers.

December 1, 2015: The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.  Responsible parties include: chemical manufacturers, importers, distributors and employers.

 June 1, 2016:  Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

Deadlines are coming up, and in order to ensure protection against liability as a result of non-compliance it is important that building owners, operators and employees assess on-site operations and address any deficiencies now. The above provides a quick overview of areas that should be addressed in compliance efforts. To fully understand applicable requirements and exclusions, and develop a plan to ensure compliance where needed, you may want to access extensive information provided on the OSHA website, including free GHS webinars, a GHS checklist, and many GHS related conversations and FAQs (see OSHA.gov), or engage advice from a consultant.