OSHA’s Hazard Communication Proposal to Align with Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Maureen Ruskin Director Office of Chemical Hazards - Metals Directorate of Standards and Guidance Washington, DC

Revision of the HCS to Align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Proposal published September 30, day comment period (ends on December 29, 2009) Informal public hearings in 2010 (most likely late winter/early spring)

What is the GHS? An internationally negotiated system that provides a common, coherent approach to classifying and communicating chemical hazards Includes: – Harmonized definitions of hazards – Specific criteria for labels – Harmonized format for safety data sheets

What are the benefits of aligning the HCS to the GHS? The primary benefit is to increase the quality and consistency of information provided to workers, employers, and chemical users –Reduce confusion and increase comprehension of hazards –Improve downstream risk management –Facilitate training –Help address literacy problems Other benefits include facilitation of international trade in chemicals and various productivity savings

Principles/Assumptions for the NPRM OSHA has proposed to modify only the provisions of the HCS that must be changed to align with the GHS –The basic framework of the HCS remains the same Chemical manufacturers and importers are responsible for providing information about the identities and hazards of chemicals they produce or import All employers with chemicals in their workplaces are required to have a hazard communication program and to provide information to employees about their hazards and associated protective measures

Major revisions to the HCS Hazard classification: Provides specific criteria for classification of health and physical hazards, as well as classification of mixtures. Labels: 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. Safety Data Sheets: Will now have a specified 16-section format. Information and training: The Proposed HCS will require that workers are trained within two years of the publication of the final rule to facilitate recognition and understanding of the new labels and safety data sheets.

Hazard Classification The proposed modifications introduce the concept of severity of response in the criteria –Each type of hazard covered is considered a “hazard class”— such as acute toxicity, carcinogenicity –However, most of these hazard classes are also sub-divided into “hazard categories” to reflect the degree of severity of the effect –This is the concept of “classification”—rather than just determining that there is a hazardous effect (carcinogenicity); there is also a finding of how severe that effect might be (Category 1 or 2)

Classification Provisions Chemical manufacturers and importers must classify each chemical they produce or import: –Determine the appropriate hazard classes and associated hazard categories –Based on an evaluation of the same information used for hazard determination today –No testing required

Labeling Each container of a classified hazardous chemical is to be labeled, tagged, or marked with the following: –Product identifier –Signal word –Hazard statement(s) –Pictogram(s) –Precautionary statement(s) –Name, address, and telephone number of responsible party Once a chemical has been classified, the label preparer can obtain the required label information for the particular hazard from Appendix C

Safety Data Sheets OSHA is proposing to implement a 16 section format which is modeled after ANSI A new Appendix D, Safety Data Sheets, provides the details of what is to be included in each section

How the GHS Works in the HCS 16 Physical Hazard Classifications 10 Health Hazard Classifications Designation of Categories of Hazard Determines Label Elements Pictogram – Hazard Statement – Signal Word Precautionary Statements 16-Section Safety Data Sheet

A sample GHS compliant label Current HCSProposed GHS

Approach to Other Standards Many other OSHA standards contain criteria related to defining hazards, as well as other provisions that rely on those criteria OSHA undertook a comprehensive review of its rules to identify what needed to be changed OSHA has proposed modifications to all of those standards that it determined needed to be consistent with the GHS

Standards Where safety standards referenced Haz Com definitions (e.g. PSM, Flammable Liquids), incorporated the new GHS definitions but attempted to keep the scope the same. Made the Haz Com provisions of the substance- specific standards (e.g. asbestos, lead) uniform In some cases, it was decided that changes could not be made at this time, given the source of the standard or other constraints. (e.g. Subpart S – Electrical Standards)

Downstream Chemical Users Receive –New labels with a pictogram, signal word, hazard and precautionary statements, and –Safety data sheets in a new standardized format Update –As under the current HCS – employers must ensure that their employees have access to the updated SDSs Training –New label elements –SDS 16-section format –Training must be complete within two years of the final rule Update Hazard Communication written program

Downstream Users (unchanged) The proposed HCS allows downstream users of chemicals to continue to rely on chemical hazard information from suppliers Chemical inventory lists are expected to remain unchanged

Chemical Manufacturers Hazard Classification –Reclassify chemicals under the new hazard criteria scheme Use the same information that is currently available New mixture rules NO TESTING REQUIRED –Modify Labels to include GHS elements Once classified, Appendix C provides the information needed on the label –Update SDS format

Cost Assumptions for Small Businesses Classifying chemicals/reformatting SDSs and developing new labels –Small Businesses (fewer than 100 employees): 7 hours per SDS Supported by comments from the ANPRM and contractor Interviews Safety and health managers/logistic personnel to become familiar with the standard and other related costs –8 hours for manufacturing facilities –2 hours for nonmanufacturing facilities Training –30 minutes per production employee in most industries –15 minutes for occupations exposed to only a few chemicals/types of hazards –5 minutes for employees where GHS type pictograms are already in place (e.g., transportation industry)

Benefits Safety and Health Benefits Other Benefits -- Quantified –Increased Productivity for Health and Safety Managers and Logistics Personnel (per contractor interviews) –Modest reduction in time to prepare SDSs in future years Other Benefits -- Not Quantified –Facilitate international trade –Reduction in future training costs

Economic Impacts Annualized Costs: $97 Million –$11 million for SDS/labels/reclassification –$44 million for worker training –$42 million for management familiarization Heath and Safety Benefits –585 injuries and illnesses prevented annually –43 fatalities prevented annually Monetized H&S and Productivity Benefits: $851 Million Annually

Why wasn't a SBREFA panel review conducted? A SBREFA panel is triggered if the proposal is anticipated to have a significant impact on a substantial number of small entities (as defined by OSHA, either at least 1% of revenues or 5% of profits). OSHA examined the impact of the proposed rule on small entities and very small entities during the three-year transition period when costs would be incurred (ignoring all estimated future benefits). OSHA estimated that, on average, the cost impact would be equal to no more than percent of revenues or 0.15 percent of profits. OSHA performed a sensitivity analysis: the Agency’s conclusion that the impacts on small business were not significant was very robust under a variety of alternative costing assumptions. (e.g., doubling of classification time and training time) Therefore, OSHA determined that this rulemaking would not have a significant impact on a substantial number of small entities and does not trigger SBREFA.

What is Next? Comment period ends December 29, 2009 –Please participate by providing comments and testimony on the proposal –Support your comments and testimony with evidence wherever possible Hearings will be scheduled in 2010—length depends on the number of people who file notices of intent to appear Post-hearing comment period OSHA will then finalize the rule based on the record –The rule must then be submitted for administrative review within OSHA, the Department of Labor, and the Office of Management and Budget

Questions?