Page 8 - OHS, November/December 2024

R E G U L A T O R Y U P D A T E
Answering Key Questions on OSHA’s 2024 Final HazCom Rule
Answers to 6 key questions regarding the timing, nature, scope and obligations related to
the updated HazCom standards.
BY PHIL MOLÉ, MPH
HazCom Standard, many business leaders and EHS profes-
Since OSHA published its 2024 fi nal rule1 updating the
sionals have had questions about its impact. Learning about
these changes is critical, as the compliance countdown has
already begun. OSHA estimates2 that the rule will impact 94 percent
of SDSs and 64 percent of shipped container labels. You need to start
preparing for these changes now, and the fi rst step is to understand
the updated HazCom requirements. Below, you’ll fi nd answers to
some of the most frequently asked questions about OSHA’s HazCom
fi nal rule, and the big-picture takeaways to help busy EHS profes-
sionals like you maintain compliance and protect your workers.
When Did OSHA Publish the Final HazCom Rule?
OSHA published the 2024 fi nal rule in the Federal Register on
May 20, 2024. Stakeholders had been anticipating the fi nal rule for
quite some time because OSHA published the Notice of Proposed
Rulemaking (NPRM) to update the HazCom Standard in February
2021 and held a public hearing to get feedback on the proposal in
September 2021.
It took OSHA a few years to sort through all the feedback from
the NPRM’s original public comment period and develop the fi nal
rule, but the rule is fi nally published and is in eff ect with a phased-
in compliance timeline starting July 19, 2024.
Figure 1 summarizes manufacturer, distributor, and employer/
end-user responsibilities. Note: manufacturers and distributors
play dual roles as employers for their own workforce, so they
would also need to meet employer obligations.
Does the HazCom Final Rule Affect Me?
Th is is an easy question to answer! Th e short answer is “yes.” Th e
longer answer is that the fi nal rule aff ects you because it aff ects ev-
eryone, including you and your business, regardless of where you
sit in the chemical supply chain.
To add context, manufacturers of specifi c chemicals are most
aff ected by the fi nal rule. Products like aerosols, chemicals under
pressure, fl ammable gases, and desensitized explosives, along with
many other chemicals, will need new classifi cations and/or up-
dated hazard information in safety data sheets (SDSs) and shipped
container labels due to changes in the fi nal rule. In fact, OSHA es-
timates that the fi nal rule will require revisions of up to 95 percent
of SDSs and 64 percent of shipped container labels. Distributors
must ensure they get updated SDSs and shipped container labels
from their upstream suppliers, and employers will need to update
their SDS libraries and incorporate revised hazard information
into their workplace HazCom management practices.
What Are the Biggest Changes?
In general, the fi nal rule updates the HazCom Standard by align-
ing it with more recent versions of the UN’s Globally Harmonized
System of Classifi cation and Labelling of Chemicals (GHS). Previ-
ously, the HazCom Standard was aligned with GHS Revision 3 due
to a 2012 fi nal rule which, prior to the 2024 fi nal rule, had been the
most recent HazCom update. Th e 2024 fi nal rule aligns HazCom
with GHS Revision 7 and select elements of Revision 8.
Th e major changes include:
Updated hazard classes and classifi cation criteria: Th e fi nal rule
revises hazard classifi cations for aerosols, desensitized explosives,
fl ammable gases, and chemicals under pressure (a new category
within the aerosols class).
Updated labeling allowances and requirements for “small” and
“very small” containers: Th e rule allows manufacturers of chemi-
cals in small containers (100 mL or less) to use abbreviated shipped
container label information on the immediate container, and for
manufacturers of very small containers (3 mL or less) to include
only the product identifi er on the immediate container if a label
would interfere with the container’s use. In both cases, the outer
packaging must have full shipped container label information, and
the label must tell users to keep the small or very small containers
Figure 1 – Manufacturer, Distributor & Employer Responsibilities
Manufacturers
Must classify chemicals in
accordance with updated provisions,
and provide updated SDS’s and
shipped container labels for
products affected by the fi nal rule.
Distributors
Ensure that you receive updated
SDSs and shipped container
lables from upstream suppliers
and provide them in shipments
to downstream users.
Employers/End Users
Confi rm that you’ve received updated SDSs and
shipped container labels for products affected by the
fi nal rule, and then use teis information to update your
HazCom practices, including your written plan, your
workplace labeling system and your HazCom training.
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