OSHA Issues Final Rule to Update Hazard Communication Standard

In February of 2021, the Occupational Safety and Health Administration (OSHA) proposed to update the Hazard Communication Standard. OSHA sought to update the Hazard Communication Standard to better protect workers and first responders, by improving the amount and quality of information on labels and safety data sheets (SDSs) for both substances and mixtures.

In May 2024, OSHA issued a Final Rule updating the Hazard Communication Standard. In a news release accompanying the Final Rule, OSHA reports that the Final Rule includes “….a clearer hazard classification process to provide more complete and accurate hazard information on labels and safety data sheets; updated physical hazard classes to better inform users on safe handling of explosives, aerosols and chemicals under pressure; and updated precautionary statements on how to safely handle, store and dispose of hazardous chemicals.” The news release also notes that the Final Rule “…will require labels on small packaging to be more comprehensive and readable” and “makes changes to help ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on safety data sheets.”

Are Workplaces Required to Make Immediate Changes?

No. The revised Hazard Communication Standard does not go “on the books” (become law) until July 19, 2024. The earliest the Final Rule will be enforced against employers is July 20, 2026.

What Does the Final Rule Do?

In a Safety and Health Topic Bulletin, OSHA notes that the Final Rule modifies the current 2012 Hazard Communication Standard in several main areas:

1. Hazard classification: The Final Rule provides specific criteria for the classification of health and physical hazards, as well as the classification of mixtures.
   
2. Labels: Under the Final Rule’s new labeling requirements, chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
3. Safety Data Sheets: The Final Rule modifies existing Safety Data Sheets (SDS) requirements, imposing a specified 16-section format.
4. Information and training: Under the Final Rule’s new information and training requirements, employers are required to train workers on the new labels’ elements and safety data sheets format to facilitate recognition and understanding.

What Else Should I Know About The Final Rule?

The Final Rule can be viewed by clicking here. This document includes the actual changes to the Hazard Communication Standard, information relating to the impact of the regulatory changes, as well as HHS commentary and response to comments received. The actual text of the Final Rule begins on the page marked “44356” and ends on the page marked “44146.”

The new workplace labeling, hazard communication program, and additional employee training requirements for substances will not be enforced against employers until July 20, 2026. The new workplace labeling, hazard communication program, and additional employee training requirements for mixtures will not be enforced against employers until January 19, 2028.