Redefining Workplace Safety: OSHA’s Updated Hazard Communication Rule Explained
09 September 2024
In May 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule to amend the Hazard Communication Standard (HCS), aligning it more closely with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
This amendment aims to improve communication about chemical hazards and enhance worker safety by ensuring employees are well informed about chemical hazards they may encounter. This, in turn, is expected to reduce the occurrence of chemical-related occupational illnesses and injuries.
Key Updates to the HCS
The amended HCS introduces several important updates:
- Revised Definitions and Classifications: The final rule revises definitions and hazard classifications to be more consistent with the latest GHS standards. This includes new classifications for aerosols, desensitized explosives, and flammable gases. The updates also provide more detailed criteria for the classification of specific health and physical hazards.
- Updated Labels and Safety Data Sheets: Labels must feature specific hazard information according to updated classifications and follow a structured format. This format includes product identifier(s), signal word(s), hazard statement(s), precautionary statement(s), pictogram(s), and the manufacturer’s or distributor’s contact information. Safety Data Sheets (SDSs) must also follow a standardized 16-section format to ensure that critical safety information is consistently presented. The final rule underscores the importance of updating SDSs to reflect the latest hazard information.
- Refining Precautionary Statements. Precautionary statements provide clear instructions on how to minimize or prevent adverse effects from exposure or the improper storage or handling of hazardous chemicals. There are four types of precautionary statements: “prevention,” “response,” “storage,” and “disposal.” The labels must present the core information of precautionary statements in bold text, with any additional details shown in plain text. The rule also allows flexibility in text choices and combinations to ensure that labels are informative and tailored to specific conditions and hazards.
Recommendations for Employers
To comply with OSHA’s final rule, employers with chemical hazards in the workplace should take the following steps:
- Review and Update Labels and Safety Data Sheets: Employers should review the new requirements of the HCS and update chemical hazard labels and SDSs accordingly. They should also revise their employment policies and procedures to ensure compliance with the final rule’s requirements.
- Provide Employee Training: Employees should receive training on the new hazard classifications and labeling requirements. This training should cover how to read and interpret the updated labels and SDSs and understand the implications of the new hazard classifications for workplace safety.
- Coordinate with Suppliers and Manufacturers: Employers should communicate with their chemical suppliers and manufacturers to receive updated SDSs and ensure that all labels are compliant with the new standards.
Disclaimer
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
28 October 2024
Labor & Employment Law Perspectives
Beware of Loose Employment Promises, Put It in Writing, and Watch for Deadlines!
A recent case serves as a good reminder for everyone involved in human resources and employment matters to be clear in communication and always act in a timely manner.
28 October 2024
Labor & Employment Law Perspectives
BEWARE: Compensating Employees With Equity Alone Likely Violates the Fair Labor Standards Act
In recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation, such as stock options and restricted stock units (RSUs), can provide employees with a sense of ownership and incentivize them to contribute to the company’s success.
21 October 2024
Labor & Employment Law Perspectives
Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort
The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal labor law as “employees” of Dartmouth.