OSHA Issues Comprehensive Proposed Revisions to Hazard Communication Regulations

On September 30, the Occupational Health and Safety Administration (OSHA) published the first major proposed rulemaking of the Obama administration—the long-awaited comprehensive changes to the Hazard Communication Standard, 29 C.F.R. 1910.1200; 1915.1200, 1917.28, 1918.90; and 1926.59 (HCS). The stated aim of the rulemaking is to help promote consistency in the identification, classification, and labeling of chemicals around the world.

While there is general agreement that the adoption of international standards is an important step in the right direction, chemical manufacturers, chemical importers, and downstream users of hazardous chemicals need to pay particular attention the proposed regulatory changes because they (1) may force a reevaluation and reclassification of the level of danger posed by dangerous chemicals, and (2) may dictate, often in minute detail, the content of container labels and other materials as they move downstream. Moreover, the new rule would result in significant changes to the procedures by which a chemical is determined to be hazardous by eliminating (1) the current “floor” of chemicals considered to be hazardous and (2) the toxicological study basis for finding that a chemical is hazardous, and by adding an “unclassified” hazard category. Other significant changes employers should pay attention to include training costs and expenses associated with the new rules, and their potential adverse impact on small entities and employers.

We expect the comment period, which expires on December 29, to be an active one, and encourage companies and organizations to consider submitting comments to address any issues that are significant to their businesses.

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