OSHA HCS Updates and Impact

High-level Overview

The Occupational Safety and Health Administration (OSHA) is updating the Hazard Communication Standard (HCS) to align with the 7th revised edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The HCS, also known as HCS 2012, is being revised to HCS 2024 to improve the quality and consistency of hazard information, reduce trade barriers, and enhance worker safety. The updates include revised criteria for classification of chemical hazards, revised labeling provisions, and a standardized approach to Safety Data Sheets (SDSs).

HCS 2024 changes that impact EPCRA

• Category: Classification Changes
  • Summary of Changes:
    • Criteria for classifying health and physical hazards is being updated – there will now be new classification categories for aerosols, desensitized explosives, and flammable gasses.
  • Impact on Tier II (as a regulation):
    • Changes in hazard categories reported on Tier II forms.
    • Potentially some chemicals that were previously not hazardous are now hazardous (and subject to Tier II).
  • Timeline:
    • Unclear on when new hazards would be incorporated into EPCRA requirements, but timelines for SDSs to be updated are:
      • 18 months from now for pure substances
      • 36 months from now for mixtures
    • (see chart below)
    • Last time when the hazard categories went through a major update, here was the timeline:
      • March 2012: OSHA passes the new HCS standard
      • June 2016: EPA revised the EPCRA rule to incorporate the new hazards
      • January 1, 2018: All states required to use new hazards
• Category: SDS Format Updates
  • Summary of Changes:
    • SDSs will now have to follow a specified 16-section format.
    • Additional requirements for the following sections:
      • Section 2 (Hazards)
      • Section 3 (Composition)
      • Section 9 (Properties)
      • Section 11 (Toxicological)
      • Section 12-15 (Ecological information, Disposal considerations, Transport information, and Regulatory information) are now required; were previously optional
  • Impact on Tier II (as a regulation):
    • Not much
  • Timeline:
    • Unclear on when new hazards would be incorporated into EPCRA requirements, but timelines for SDSs to be updated are:
      • 18 months from now for pure substances
      • 36 months from now for mixtures
    • (see chart below)
    • Last time when the hazard categories went through a major update, here was the timeline:
      • March 2012: OSHA passes the new HCS standard
      • June 2016: EPA revised the EPCRA rule to incorporate the new hazards
      • January 1, 2018: All states required to use new hazards
• Category: Trade Secret Provisions
  • Summary of Changes:
    • If the concentration or concentration range is claimed as a trade secret, the SDS must provide the ingredient’s concentration as one of the prescribed ranges. Previously, there were no requirements around this.
    • Example of new prescribed ranges:
      • (A) From 0.1% to 1%;
      • (B) From 0.5% to 1.5%;
      • (C) From 1% to 5%;
  • Impact on Tier II (as a regulation):
    • Not much
  • Timeline:
    • Unclear on when new hazards would be incorporated into EPCRA requirements, but timelines for SDSs to be updated are:
      • 18 months from now for pure substances
      • 36 months from now for mixtures
    • (see chart below)
    • Last time when the hazard categories went through a major update, here was the timeline:
      • March 2012: OSHA passes the new HCS standard
      • June 2016: EPA revised the EPCRA rule to incorporate the new hazards
      • January 1, 2018: All states required to use new hazards

Non EPCRA Tier II impacts

• Employee training: Employers will be required to update their hazard communication training programs to reflect the changes in HCS 2024. This includes training employees on the new label elements, SDS format, and any newly identified physical or health hazards. The deadline for updating the hazard communication program and providing additional employee training is 24 months after publication for substances and 42 months after publication for mixtures.
• Label updates: Chemical manufacturers, importers, and distributors will need to update their labels to comply with the revised labeling requirements in HCS 2024. This includes changes to the required label elements, such as signal words, hazard statements, and precautionary statements. The deadline for updating labels is 18 months after publication for substances and 36 months after publication for mixtures.
• Hazard communication for small containers: HCS 2024 introduces new labeling provisions for small containers, which may require manufacturers, importers, and distributors to adjust their labeling practices for these products.

References

Full rule: https://www.federalregister.gov/documents/2024/05/20/2024-08568/hazard-communication-standard 

Side by Side: https://www.osha.gov/sites/default/files/HCS_side-by-side.pdf 

Timeline for Implementation: