Globally Harmonized Systemand the Hazard Communication

Standard

What You Might Expect

PRESENTED BY:

Keith D. Hass

Assistant Area Director

Atlanta East Area Office

How We Got Here

• Commitment in the preamble to the final standard in 1983 to review the standard regularly to address international harmonization.

• Years of bilateral trade negotiations.

• International mandate adopted in 1992.

• Negotiations to complete the GHS in several international organizations for the next 10 years.

• OSHA chaired coordinating group

Hazard Communication

• Tuesday, September 12, 2006, ANPR to modify the Hazard Communication Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

What is an ANPR?

• An ANPR is a document in the Federal Register that describes what the Agency is working on, and gives the public an opportunity to provide input in the form of written comments.

• The US regulatory process includes a number of required activities, as well as analyses to support the process.

Regulatory Process

• Rulemaking Steps

– ANPR

– Notice of Proposed Rulemaking

• Public Comment Period

• Public Hearing

• Post-hearing Comment Period

– Final Standard

– Phase-in Period for Compliance

Analytical Requirements

• Economic Feasibility

• Technological Feasibility

• Paperwork Burden

• Impact on Small Businesses (Small

Business Regulatory Enforcement

Fairness Act process)

• Peer Review

Scope of GHS

• Four primary U.S. regulatory agencies

– OSHA, EPA, DOT and CPSC

• GHS designed to allow regulatory agencies to choose provisions –―building block approach‖

– OSHA would choose the provisions of the GHS that are necessary for the protection of employees, but would not adopt others that address other types of protection e.g. aquatic life protection

GHS Requirements

• Health, physical and environmental

hazard criteria for substances and for

classification of mixtures

• Provisions for communicating

information on labels (including

harmonized pictograms, hazard

statements, and signal words)

• A 16-section safety data sheet

Impact on OSHA

Requirements

• Hazard Communication Standard

includes the primary affected

requirements.

• OSHA has more requirements affected by

the GHS than other US agencies:

– Cover all acute and chronic hazards.

– Have requirements for labels and safety data

sheets.

– Cover over 7 million workplaces and 945,000

hazardous chemical products.

What That Means for HCS…

• The framework of the HCS will remain

the way it is currently promulgated, i.e.,

those provisions not affected by the

GHS will remain the same.

• Adoption of the GHS by OSHA would

affect general industry, construction

shipyards, long shoring and maritime.

• The scope of GHS very similar to HCS.

• However, it does not include requirements for a written hazcom program or for employee training.

• OSHA will maintain training requirements.

• OSHA also expects to propose some additional training to ensure understanding of the new approach regarding labels and SDSs in the GHS.

What That Means for HCS…

Health Hazards

• Both the HCS and GHS have a broad range of health effects, including both acute and chronic effects.

• For HCS, any type of adverse health effect that is reported and substantiated by a scientific study is covered.

• Under GHS, hazard classes are generally sub-divided into categories of hazard.

• The definitions of hazards are much more specific and detailed than what is in the HCS.

What will OSHA adopt??

• Scope will likely be consistent with the

HCS to the greatest extent possible.

• Therefore, it is likely OSHA will adopt

all of the health and physical hazard

criteria. However, the Agency may not

adopt all categories of each criterion.

Example: Acute Toxicity

• OSHA covers acute toxicity in the current rule.

• Since the GHS includes criteria for consumer protection in addition to worker protection, the criteria are more extensive than HCS.

• It is not likely that OSHA will adopt all of the categories of acute toxicity when aligning with the GHS.

Health Hazards

HSC

• Carcinogens

• Toxic or highly toxic agents (all routes of entry)

• Reproductive toxins

• Irritants

• Corrosives

• Sensitizers

• Hepatotoxins

• Nephrotoxins

• Neurotoxins

• Agents which act on the hematopoietic system

• Agents which damage the lungs, skin, eyes, or mucous membranes

GHS

• Acute toxicity (any route of entry)

• Skin corrosion/irritation

• Serious eye damage/eye irritation

• Respiratory or skin sensitizer

• Germ cell mutagenicity

• Carcinogenicity

• Reproductive toxicity

• Specific target organ systemic toxicity--single exposure

• Specific target organ systemic toxicity--repeated use

• Aspiration hazard

Physical Hazards

• With regard to physical hazards, the

current definitions in the HCS are

drawn from other standards that

address such chemicals (e.g.,

flammable chemicals), or from what

were the DOT criteria for physical

hazards at the time OSHA promulgated

the HCS.

• DOT has since changed their criteria

Physical Hazards

HSC

• Combustible liquid

• Compressed gas

• Explosive

• Flammable (aerosol, gas, liquid, solid)

• Organic peroxide

• Oxidizer

• Pyrophoric

• Unstable (reactive)

• Water-reactive

GHS

• Explosives

• Flammable (aerosol, gas, liquid (including combustible liquid),

• solid)

• Oxidizing (liquids, solids, gases)

• Gases under pressure

• Self-reactive substances and mixtures

• Pyrophoric (liquid, solid)

• Self-heating substances and mixtures

• Substances and mixtures which in contact with water emit flammable

• gases

• Organic peroxide

• Corrosive to metals

Physical Hazards

• One issue of concern is whether OSHA

should also propose to change the physical

hazard definitions in other standards e.g.

definition of flammable liquids in the

flammable liquids standard

• What is the impact beyond classification and

labeling?

• Area that needs to be further explored in

terms of impact and possible consequences.

Labeling

• The HCS minimal information on labels

• At the time the standard was promulgated, OSHA focused on requiring information that was not generally present on most labels in use by industry.

– e.g. identity that could be traced to more detailed information, and specific information about both the health and physical hazards.

• Performance – oriented approach

Labeling

• The HCS would change to adopt the

label provisions of the GHS for

harmonized pictograms, hazard

statements, and signal words.

• Identification of the chemical and

supplier and precautionary information

would also be included.

Labeling Advantages

– May improve communication for those

who are not functionally literate, or who

are not literate in the language written on

the label.

– Having the core information developed

already, translated into multiple

languages, and readily available, will

eliminate the burden of chemical

manufacturers and importers developing

and maintaining their own such systems.

GHS Labeling

• Symbols (hazard pictograms): Convey

health, physical and environmental

hazard information, assigned to a GHS

hazard class and category.

GHS Labeling

• Signal Words: "Danger" or "Warning"

are used to emphasize hazards and

indicate the relative level of severity of

the hazard, assigned to a GHS hazard

class and category.

GHS Labeling

• Hazard Statements: Standard phrases

assigned to a hazard class and

category that describe the nature of the

hazard. e.g.

– Fatal if swallowed

– Toxic if swallowed

– Harmful if swallowed

GHS Labeling

• Other GHS label elements include:

– Precautionary Statements and Pictograms:

Measures to minimize or prevent adverse effects.

– Product Identifier (ingredient disclosure): Name or

number used for a hazardous product on a label or

in the SDS.

– Supplier identification: The name, address and

telephone number should be provided on the label.

– Supplemental information: non-harmonized

information.

GHS Labeling

Safety Data Sheets

• The HCS specifies what information must be included on the MSDS, but does not specify a format or order of information.

• Chemical manufacturers in the U.S. developed a voluntary industry consensus standard that included an order of information for safety data sheets (ANSI Z400.1).

• In negotiating the GHS, it was decided that this format should be adopted there as well.

Safety Data Sheets

• The HCS would likely be modified to include

the GHS order of information reversing the

order of sections 2 and 3 so the hazard

information appeared earlier in the sheet

than information on chemical composition.

• Adopt title descriptions.

• However, it would not include mandatory

requirements for sections dealing with

issues that are not under OSHA’s

jurisdiction, e.g., transport and environment.

Safety Data Sheets

HCS

• Identification of the chemical or hazardous ingredients of a mixture

• Physical and chemical characteristics

• Health hazards, including signs, symptoms, and medical conditions that could be aggravated by exposure

• The primary routes of entry

• The OSHA permissible exposure limit, ACGIH Threshold Limit Value, and any other recommended exposure limits

• Whether the chemical is considered to be a carcinogen by OSHA, the International Agency for Research on Cancer, or the National Toxicology Program

• Precautions for safe handling and use

• Control measures

• Emergency and first aid procedures

• Date of preparation of the safety data sheet

• Contact information for the responsible party

GHS

• Identification

• Hazard identification

• Composition/information on ingredients

• First aid measures

• Firefighting measures

• Accidental release measures

• Handling and storage

• Exposure controls/personal protection

• Physical and chemical properties

• Stability and reactivity

• Toxicological information

• Ecological information

• Disposal considerations

• Transport information

• Regulatory information

• Other information

Environmental Information

• GHS includes criteria for classifying

aquatic toxicity.

• The GHS SDS also includes information

related to the environment.

• OSHA has no authority in these areas

and therefore will not be adopting the

parts of the GHS that are relevant to

environmental protection.

Other Standards Also

Affected

• Will likely need to change hazard

communication provisions in

substance-specific standards to be

consistent.

• May also need to address parts of other

standards that have criteria for hazard

definitions, such as flammable liquids.

Information Needed from the

Public

• Assistance in defining the scope of the

changes needed:

– Requesting information about the numbers

of products to be reevaluated under the

new criteria, and new labels, SDSs

prepared

– Also information about the time it takes to

do these activities and the qualifications of

those who perform them

Other Input

• OSHA will need to assess the costs and

benefits and will be soliciting

information from the public on these

topics.

• The availability of electronic tools and

their relationship to compliance

activities will also need to be assessed.

Timing

• Labels and SDSs are normally updated

on a regular cycle.

• OSHA wants to establish a phase-in

period for compliance that will take

advantage of this regular cycle and

reduce costs as a result.

• Input on updating time frames is

needed.

Other Phase-In Issues

• OSHA will consider other suggested

approaches to phasing in if supported

by evidence:

– The Europeans are considering phasing in

substances first and then mixtures—will

this work in the US?

– What other approaches to staging or

phasing would be effective and reduce

burdens?

Technical Issues

• Input will also be requested on any

technical GHS issues that need to be

considered in implementation.

• One example would be the appropriate

categories of acute toxicity to adopt.

• Another would be to suggest any

hazards that might not be adequately

covered.

Compliance Assistance

• OSHA wants to identify what

compliance assistance tools would

facilitate the transition to the GHS so

such outreach can be made available

when the rulemaking is completed.

• Public suggestions will be sought to

identify these tools.

HCS Conclusion

• Greatest impact on chemical manufacturers, importers, and employers who produce or distribute hazardous chemicals as currently covered under the HCS.

• More consistency and better communication

• Significant phase-in period

• Frequently asked questions document

www.osha.gov

Call for Additional Assistance

• Keith Hass (770) 493-5412

• Jonathan Worrell

Compliance Assistance Specialist

(770) 493-5400