Page 10 - OHS, November/December 2024

R E G U L A T O R Y U P D A T E
Table 1 — Obligations and Deadlines
in the outer packaging when not in use.
Labeling provisions for containers “re-
leased for shipment”: Th e rule includes an
allowance for manufacturers, importers, or
distributors who become aware of new sig-
nifi cant hazard information to not need to
relabel chemical products already released
for shipment (bundled, palletized, etc.).
Updated criteria to consider when clas-
sifying a chemical: Th e fi nal rule clarifi es
and updates the requirements for chemical
manufacturers to consider intrinsic proper-
ties, including hazards from known or rea-
sonably anticipated downstream uses when
classifying their products. Th ese details
must be included in Section 2 of SDSs.
Updated information requirements for
SDSs: OSHA has made several changes to
the information required on SDSs, includ-
ing the addition of “particle characteris-
tics” to Section 9, clarifi cation that Section
1 must contain domestic contact informa-
tion, and updated instructions for chemical
manufacturers to include in Section 2.
Updated and expanded classifi cation
methods for some chemicals and updated
classifi cation instructions: Th e fi nal rule
allows for new classifi cation methods for
some chemicals, including oxidizing solids,
while updating or clarifying instructions
for several other categories.
You can fi nd additional details on these
changes in the blog post A Closer Look at
OSHA’s Final Rule Updating the HazCom
Standard.3
How Does the Final Rule
Change the Management and
HazCom of Impacted Chemicals?
By asking this question, you’re already
ahead of your peers who either don’t know
about the fi nal rule or mistakenly assume
it only applies to chemical manufacturers.
Th e fi nal rule does not directly change
requirements for employers, such as work-
place labeling, training, or the details to in-
clude in your written HazCom plan. How-
ever, to meet your current requirements,
you will need to account for the ways the
fi nal rule aff ects chemical classifi cations and
related information like pictograms, signal
words, and hazard statements. For example,
you’ll need to make sure your workplace
labels are aligned with updated shipped
container labels from your suppliers, which
may refl ect diff erent classifi cations and re-
lated information because of the fi nal rule.
You’ll also need to ensure that your writ-
Affected Party Requirement Compliance Date
Manufacturers of
substances
Classify chemicals according to revised criteria,
including paragraph (d)(1) and new criteria for
aerosols, chemicals under pressure, fl ammable
gases and desensitized explosives, and update
SDSs and shipped container labels as needed.
January 19, 2026
Employers using
substances affected
by fi nal rule
Confi rm receipt of updated SDSs and shipped
container labels from suppliers, and use infor-
mation to update workplace labels, HazCom
training and the written HazCom plan.
July 20, 2026
Manufacturers of
mixtures
Classify chemicals according to revised criteria,
including paragraph (d)(1) and new criteria for
aerosols, chemicals under pressure, fl ammable
gases and desensitized explosives, and update
SDSs and shipped container labels as needed.
July 19, 2027
Employers using
mixtures affected by
the fi nal rule
Confi rm receipt of updated SDSs and shipped
container labels from suppliers, and use infor-
mation to update workplace labels, HazCom
training and the written HazCom plan.
January 19, 2028
ten HazCom plan and workplace HazCom
training refl ect the most recent updates.
A good starting point is to focus on the
classes of hazardous chemicals aff ected by
the fi nal rule, namely aerosols, desensitized
explosives, fl ammable gases, and chemicals
under pressure. If you have chemicals with-
in these classes in your inventory, you’ll
want to start planning how to update your
HazCom management practices to account
for new information and ensure your em-
ployees can access the updated information
and also understand it.
When Do I Need to Comply
with the Updated Requirements?
From the fi nal rule’s eff ective date of July
19, 2024, OSHA requires manufacturers of
substances to comply within 18 mont hs and
manufacturers of mixtures within 36 mont hs.
Employers using chemical products af-
fected by the fi nal rule must implement
changes to workplace hazard communica-
tion practices (such as workplace labels, the
written HazCom plan, and worker training)
within six months aft er the manufacturer
deadlines for substances and mixtures.
Table 1 shows obligations and associat-
ed compliance deadlines for chemical users
across the supply chain:
How Can I Start Preparing
for the Updated Requirements?
Th e HazCom fi nal rule will not have the
same level of impact as the 2012 fi nal rule.
Th e current changes are more limited in
scope, aff ecting certain chemical hazard
classes and specifi c details related to chem-
ical classifi cation and information on SDSs.
Even so, many manufacturers will need
to reclassify some of their products and
meet updated information requirements.
Th is will result in many reauthored SDSs
and shipped container labels. End users of
chemicals must be aware of whether their
products are aff ected by the changes and be
prepared to track and use updated SDSs.
Th is includes incorporating any updated
hazard classifi cations into their workplace
labeling system, HazCom training, and
written HazCom plan.
Preparation starts with having straight-
forward and eff ective processes for main-
taining an up-to-date SDS library that is
accessible from anywhere. Th is will help
you better track the receipt of updated
SDSs from your suppliers and incorporate
the new information into your workplace
HazCom management practices.
Make sure you have the tools necessary
to manage your SDS library and access haz-
ardous chemical information at any time,
so you can meet HazCom compliance
deadlines and keep workers safe.
Phil Molé, MPH, EHS & Sustainability
Expert at VelocityEHS, is a thought leader
in environmental, health, safety (EHS)
and environmental, social, governance
(ESG) management. He frequently shares
his expertise
through speaking
engagements,
conferences, and
webinars on EHS
REFERENCES
1. tinyurl.com/s7a2vt6t
2. tinyurl.com/mty2fafv
3. tinyurl.com/2s48mr9s
and ESG topics.
10 Occupational Health & Safety | NOVEMBER/DECEMBER 2024 www.ohsonline.com