OSHA Issues Compliance Directive on Hazard Communication Standard | Practical Law

OSHA Issues Compliance Directive on Hazard Communication Standard | Practical Law

The US Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) issued a directive detailing enforcement guidance for the 2012 Hazard Communication Standard. The directive, titled "Inspection Procedures for the Hazard Communication Standard (HCS 2012)," cancels prior memorandums issued by OSHA in 2015.

OSHA Issues Compliance Directive on Hazard Communication Standard

Practical Law Legal Update 0-617-8054 (Approx. 4 pages)

OSHA Issues Compliance Directive on Hazard Communication Standard

by Practical Law Labor & Employment
Published on 04 Aug 2015 • USA (National/Federal)
The US Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) issued a directive detailing enforcement guidance for the 2012 Hazard Communication Standard. The directive, titled "Inspection Procedures for the Hazard Communication Standard (HCS 2012)," cancels prior memorandums issued by OSHA in 2015.
On July 20, 2015, OSHA issued a directive detailing enforcement guidance for the 2012 Hazard Communication Standard. The directive, titled "Inspection Procedures for the Hazard Communication Standard (HCS 2012)," cancels two prior enforcement memoranda issued by OSHA in February 2015 and in May 2015 (see Legal Update, OSHA Issues Enforcement Guidance for Hazard Communication Standard). OSHA initially revised the standard for hazard classification of chemicals in March 2012 to align it with the United Nations Globally Harmonized System of Classification and Labelling of Chemicals. The newly issued directive outlines how the revised standard will be enforced during the current transition period and after the revised standard is fully implemented on June 1, 2016.
The directive:
  • Replaces earlier interim enforcement guidance provided by OSHA.
  • Explains the interaction between the revised standard and:
    • other OSHA requirements; and
    • US Department of Transportation requirements for labeling and handling hazardous substances.
  • Provides guidance to Compliance Safety and Health Officers on enforcing the revised standard.
  • Outlines the procedures OSHA inspectors must follow to identify violations of the revised standard.
  • Specifies the format and required content for safety data sheets (SDS).
  • Identifies:
    • requirements for documenting compliance with the revised standard through a written hazard communication program; and
    • procedures for properly classifying chemicals under the revised standard.
The directive includes a review of pertinent effective dates and deadlines leading up to June 1, 2016, when full implementation of the revised standard is scheduled to occur. As of June 1, 2015:
  • Chemical manufacturers, importers and distributors must be in compliance with the SDS requirements.
  • Manufacturers and importers must be in compliance with the labeling provisions.
  • Distributors that are relabeling or creating SDSs must be in compliance with the labeling and SDS provisions. (If distributors are not relabeling the materials or creating SDSs, they have until December 1, 2015 to be in compliance with the labeling and SDS provisions.)
By June 1, 2016, employers must:
  • Update their written hazard communication program to conform with the revised standard.
  • Provide additional employee training for newly identified physical and health hazards.