HCS/GHS Update Maureen Ruskin

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2 HCS/GHS Update Maureen Ruskin OSHA, Directorate of Standards & Guidance June 3, 2015

3 Overview Implementation Enforcement Interim guidance FAQs Guidance Products Regulatory Agenda International UN Sub-Committee of Experts on GHS

4 Implementation Effective Completion Date Requirement(s) Who December 1, 2013 Train employees on the new label elements and safety data sheet (SDS) format. Employers June 1, 2015 December 1, 2015 Compliance with all modified provisions of this final rule, except: The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label Chemical manufacturers, importers, distributors and employers June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers Transition Period to the effective completion dates noted above May comply with either 29 CFR (the final standard), or the current standard, or both Chemical manufacturers, importers, distributors, and employers

5 OSHA Enforcement Policy Overview

6 OSHA s Interim Guidance Mixtures Manufacturers Mfg/Imp have not received classification information from upstream supplier(s) for their raw materials OSHA will determine if the manufacturer or importer has exercised reasonable diligence and good faith efforts to comply with the standard. Timing manufacturers must create HCS 2012 labels within six months after creating the SDS existing stock packaged for shipment No requirements to relabel The manufacturer or importer must provide HCS compliant labels for each container

7 OSHA s Interim Guidance Distributors Where a manufacturer or importer cannot comply with the June 1, 2015 effective date there may be distributors consequently unable to comply with the December 1, 2015 effective date. OSHA will evaluate if the distributor exercised reasonable diligence and good faith to comply by December 1, 2015 effective date. Existing Stock packaged prior to Dec. 1, 2015 No requirements to relabel The distributor must provide HCS 2012-compliant labels for each container Distributors must provide HCS 2012-compliant SDSs the first shipment (or upon request) after receiving the information from the manufacturer or importer.

8 OSHA Enforcement Policy Reasonable Diligence and Good Faith Efforts Developed and documented: process used to gather classification information from its upstream suppliers and the status of each effort efforts to find hazard information from alternative sources. Provided a written account of continued dialogue with its upstream suppliers. Developed the course of action it will follow to make the necessary changes to SDSs and labels

9 Frequently Asked Questions

10 Classification How do I classify Carcinogens, Mutagens or Reproductive toxins (CMR)? Criteria are provided in Appendix A of the HCS Discusses how to use one study has been incorporated into the criteria Carcinogens: NTP/IARC classification can be used (appendix F) and must be listed on the SDS Can a manufacturer use GHS classification criteria from a more recent GHS revision? For Hazard Classes covered by OSHA you must use the criteria laid out in the HCS For New Hazard Classes or Hazard Classes not covered by OSHA - you use new versions as long as you also classify according to HCS

11 Labeling Shipped Containers Signal word, Hazard statement(s), and Pictogram(s) must be located together Pictograms Do I need a red border? May I use blank pictograms on the label? Is there a pictogram for no hazard? Is there a minimum size for pictograms? Hazard and Precautionary Statements

12 Labeling Shipped Containers (Cont.) Inner versus Outer Container OSHA requires labeling on immediate container If Shipped container and immediate container are the same both HCS and DOT labeling required Labeling for tank truck/railcars Either posted on the outside of the vehicle or attached to shipping papers

13 Labeling Small Packages Tags, pull-out labels, or fold-back labels can be used to label small containers. If tags, pull-out labels, or fold-back labels cannot be used, OSHA s practical accommodation for small shipped containers include: Product Identifier Pictogram(s) Signal word Manufacturer's name and phone number A statement indicating the full label information for the chemical is provided on the outside package.

14 Labeling Miscellaneous How do I label multiple chemicals in separate compartments? Can multiple countries hazard classification be on a label? What are the labeling requirements of other Agencies? Can I still use NFPA or HMIS on labels?

15 Safety Data Sheets Do I need to send updated SDSs to all of my customers as of June 1? The new SDS must be sent with the first shipment or Upon request Manufactures do not need to update SDSs for discontinued products Can I use concentration ranges in Section 3? For mixtures can I just staple together the ingredient SDSs?

16 Employer Responsibilities Do I need to update all of my SDSs by June 1? Employers must update their MSDSs as the new SDS are received What are the training requirements? One time training Training deadline was Dec 1, 2013 OSHA has provided guidance on the type of training: Updated training Employers must provide additional training by June 1, 2016 if new hazards are present in the workplace

17 Employer Responsibilities Labeling Workplace the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked Do I need to update all of my work place labels with HCS pictograms? No Pictograms are not required but may be used as part of your labeling system. May I still use NFPA diamonds or HMIS ratings on my work place labels? Yes, NFPA diamonds or HMIS ratings may used as part of your labeling system

18 Regulatory Agenda Title: Update to the Hazard Communication Standard Will consider all updates through GHS Revision 6: Aerosols Desensitized Explosives Skin/Eye classification updates Long-term action

19 Educational Materials and Outreach OSHA s HCS safety and Health Topics Page Labeling, Safety data sheet, pictograms, Training, FAQs, Presentations Materials in progress Hazard Classification; Weight of Evidence, Model Training, US/Canada fact sheets

20 Guidance Products Classification Guidance in clearance process Weight of Evidence Hazard Classification Model Training Provide a course curriculum that employers can adapt to their particular work site a pilot on track for later this year

21 International

22 UN Sub-committee

23 UN Sub-Committee of Experts on GHS Biennium The 2013/14 Biennium ended in December Notable work concluding: New physical hazard classes and hazard categories Guidance/Clarifications and corrections Example of labeling of a small packaging

24 New Hazard Classes/Categories Pyrophoric Gas This will be added as a subcategory to the flammable gas hazard class. Similar in scope as HCS definition Desensitized Explosives This is a new hazard class

25 Guidance, Clarifications and Corrections Comprehensive Guidance for the physical properties in Section 9 of the SDS Three Tables Table 1 Guidance for the mandatory properties Table 2 Guidance for physical properties related to classification criteria Table 3 Additional properties that may be of interest to downstream users Practical Classification Issues editorial revisions Precautionary statement corrections

26 Working group Activities Precautionary Statements Nanomaterials Practical Classification Issues Global List Combustible Dust

27 Looking ahead Work will continue on Combustible Dust; Global List of classifications pilot program; Nanomaterials; Precautionary Statements; Physical hazard test methods; PCI working group; Aspiration hazards New work items Review of the explosive chapter for guidance for workplace handling; Labeling of small packages initiate work on another example; Classification of Flammable gases

28 UN GHS Links United Nations Economic Commission for Europe GHS Subcommittee /publi/ghs/ghs_welcome_e.html GHS Report from 28 th Session: AM/trans/doc/2014/dgac10c4/ST- SG-AC10-C4-56e.pdf

29 Websites: OSHA Information HazCom 2012 Webpage Safety & Health Topics Webpage Contact information:

30 Aligns with the UN's Globally Harmonized System of Classification and Labeling of Chemicals Hazard Communication The standard that gave workers the right to know, now gives them the right to understand

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