ORC Globally Harmonized System (GHS) Integration Task Force Meeting to be Held November 18

Submitted by Anonymous on November 5, 2009 - 3:02pm

The ORC GHS Integration Task Force will meet at ORC’s Washington, DC office on Wednesday, November 18, 2009 from 10 a.m. to 3:00 p.m.  A remote attendance option will be available. We hope that the timing of the meeting will allow those who wish to join us in person to fly in and out the same day.

The purpose of the meeting is to begin to develop ORC’s comments on the proposed rule to align the OSHA Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).  The proposal was published in the September 30, 2009 Federal Register (74 FR 50280). Comments must be submitted to OSHA no later than December 29, 2009. 

Informal public hearings will follow the comment period. OSHA will publish a hearing notice in the Federal Register with details on dates and location(s.

You can access the 271-page notice of proposed rulemaking on the Federal Register website at http://edocket.access.gpo.gov/2009/pdf/E9-22483.pdf. [Please note that a notice in the Federal Register on November 5 corrected eight errors that appeared in the September 30 notice.  The correction notice is available at: http://edocket.access.gpo.gov/2009/pdf/E9-26579.pdf.]

For Action:

  1. If you wish to participate in this Task Force and/or attend the November 18th meeting, please complete the meeting registration form.
     
  2. This rulemaking will affect all ORC members. We strongly suggest you review this NPR for impact on your company and send your preliminary thoughts or comments to Ann Brockhaus by November 4, 2009. We will use this feedback from our members to help develop ORC’s comments. Your comments will be treated as confidential and no company names will be associated with any ORC draft or final comments.

The Basics:

The current HCS requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import and provide information to downstream users. The current standard requires all employers to have a hazard communication program for workers exposed to hazardous chemicals. The current HCS also includes requirements for container labels, safety data sheets, and employee training. 

The United States, other countries, international organizations and stakeholders participated in developing the GHS to address inconsistencies in hazard classification and communication. The GHS was developed to provide a single, harmonized system to classify chemicals and improve labels and safety data sheets to increase the quality and consistency of information provided to workers, employers and chemical users. In addition, harmonizing different country requirements will eventually result in streamlining international chemical trade. 

The proposed modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the  standard, requirements for employee training on labels and safety data sheets. 

OSHA is also proposing to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements.

At a September 29 teleconference for press and the major health and safety organizations, OSHA Acting Assistant Secretary Jordan Barab emphasized that the proposed amendments to the HCS do not change the framework or scope of the current standard. He also noted that this action by OSHA is the first in what is planned to be “an aggressive regulatory agenda.” 

Key Issues:

OSHA has invited comment on all aspects of the proposed rule. The agency is particularly interested in receiving comment on 30 specific questions, which can be found in the Federal Register notice on pages 50281-50284. In order to understand the questions and provide substantive responses to them, the parts of the preamble that address these issues in detail should be read and reviewed. The most relevant sections are:

Section VII - addresses the impacts of the proposal, and thus provides the background related to questions two through five.

Section XV - provides the Summary and Explanation of the proposed regulatory text.

Section XVII - the text itself, the key to understanding questions 6 through 26.

OSHA has proposed to require that employers train employees regarding the new labels and safety data sheets within two years after publication of the final rule. Organizations would have to comply with all provisions of the final rule three years after publication. Two of the most important questions OSHA raises in the proposal are whether these two deadlines are appropriate.

Resources to Aid in Understanding and Responding to the Notice of Proposed Rulemaking:

To aide in the understanding of the HCS proposal, OSHA has provided the following information:

In addition, a slide set used by OSHA contractor, Jennifer Silk, and Maureen Ruskin, from the OSHA Directorate of Standards and Guidance, presented at the October 6, 2009 meeting of the Society Chemical Hazard Communication can be found at http://www.schc.org/meetings/2009fall/present/Ruskin-Silk.pdf.

Please don’t hesitate to contact Ann Brockhaus if you have questions or comments about the Notice of Proposed Rulemaking or the ORC GHS Integration Task Force meeting. We look forward to your participation in this activity.