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Proposed Rule: Occupational safety and health standards: Hazard communication

Proposed Rule: Occupational safety and health standards: Hazard communication

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Proposed Rule: Occupational safety and health standards:
Hazard communication, 53617-53627 [06-7584] Occupational Safety and Health Administration
Proposed Rule: Occupational safety and health standards:
Hazard communication, 53617-53627 [06-7584] Occupational Safety and Health Administration

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53617
Federal Register/Vol. 71, No. 176/Tuesday, September 12, 2006/Proposed Rules
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, 1918,
and 1926
[Docket No. H\u2013022K]
RIN 1218\u2013AC20
Hazard Communication
AGENCY:Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION:Advance Notice of Proposed
Rulemaking (ANPRM).
SUMMARY: OSHA, other Federal

agencies, and stakeholder
representatives have participated in
long-term international negotiations to
develop a Globally Harmonized System
of Classification and Labeling of
Chemicals (GHS). The GHS has been
adopted by the United Nations, and
there is an international goal for as
many countries as possible to
implement the GHS by 2008. The GHS
includes harmonized provisions for
classification of chemicals for their
health, physical, and environmental
effects, as well as for labels on
containers and safety data sheets (SDS).
Adoption of the GHS by OSHA would
require modifications to the Agency\u2019s
Hazard Communication Standard (HCS).
For example, an order of information
would be established for safety data
sheets. In this notice, OSHA is
providing further information about the
GHS, the benefits of adopting it, and its
potential impact on the HCS. OSHA is
seeking input from the public on a
number of issues related to
implementation of the GHS. The Agency
is simultaneously announcing the
availability of a new guide on its Web
site athttp://www.osha.gov that
describes the GHS.

DATES:Comments must be submitted by
the following dates:
Hard copy: Your comments must be
submitted (postmarked or sent) by
November 13, 2006.
Facsimile and electronic
transmission: Your comments must be
sent by November 13, 2006.
ADDRESSES:You may submit comments,
identified by OSHA Docket No. H\u2013
022K, by any of the following methods:
Federal eRulemaking Portal:http://
www.regulations.gov Follow the
instructions below for submitting
comments.
Agency Web Site:http://
ecomments.osha.gov Follow the
instructions on the OSHA web page for
submitting comments.

FAX: If your comments, including any
attachments, are 10 pages or fewer, you
may fax them to the OSHA Docket
Office at (202) 693\u20131648.

Mail, express delivery, hand delivery,
and courier service: You must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. H\u2013022K, Room N2625, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693\u20132350 (OSHA\u2019s TTY
number is (877) 889\u20135627). OSHA
Docket Office and Department of Labor
hours of operation are 8:15 a.m. to 4:45
p.m., ET.

Instructions: All submissions received

must include the Agency name and
docket number (H\u2013022K). Comments
received will be posted without change
on OSHA\u2019s Web page athttp://

www.osha.gov, including any personal

information provided. For detailed
instructions on submitting comments,
see the\u2018\u2018Public Participation\u2019\u2019 heading
of the SUPPLEMENTARY INFORMATION
section of this document.

Docket: For access to the docket to

read comments or background
documents received, go to OSHA\u2019s Web
page. Comments and submissions are
also available for inspection and
copying at the OSHA Docket Office at
the address above.

FOR FURTHER INFORMATION CONTACT:

Press inquiries: Kevin Ropp, OSHA
Office of Communications, Room
N3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693\u20131999.
General and technical information:
Maureen O\u2019Donnell, Industrial
Hygienist, or David O\u2019Connor, Health
Scientist, Directorate of Standards and
Guidance, Room N3718, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693\u20131950.

SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. History of the OSHA Hazard
Communication Standard
B. OSHA\u2019s Involvement in Development of
the GHS
C. Other OSHA Activities Related to the

GHS
D. Benefits of the GHS
E. State Plan States

II. Provisions of OSHA\u2019s HCS and the GHS
A. Scope of the GHS
B. Definitions of Hazards Covered
C. Health Hazards
D. Physical Hazards
E. Labels
F. Safety Data Sheets

III. Public Resources for Further Information
on the GHS

IV. Request for Input
V. Public Participation
VI. Authority and Signature

I. Background
A. History of the OSHA Hazard
Communication Standard

OSHA\u2019s Hazard Communication
Standard (HCS) (29 CFR 1910.1200;
1915.1200; 1917.28; 1918.90; and
1926.59) was first adopted in 1983 for
the manufacturing sector of industry (48
FR 53280; November 25, 1983). Later,
the Agency expanded the scope of
coverage to all industries where
employees are potentially exposed to
hazardous chemicals (52 FR 31852;
August 24, 1987). The HCS requires
chemical manufacturers and importers
to evaluate the hazards of the chemicals
they produce or import. The rule
provides definitions of health and
physical hazards to use as the criteria
for determining hazards in the
evaluation process. The information
about the hazards and protective
measures is then required to be
conveyed to downstream employers and
employees by putting labels on
containers and preparing and
distributing safety data sheets. All
employers with hazardous chemicals in
their workplaces are required to have a
hazard communication program,
including container labels, safety data
sheets, and employee training. (Note:
The HCS uses the term\u2018\u2018material safety
data sheet\u2019\u2019 or MSDS, while the GHS
uses safety data sheet or SDS. For
convenience, safety data sheet or SDS is
being used throughout this document.)

OSHA has updated estimates in the
standard\u2019s regulatory impact analysis,
and found that the HCS now covers over
7 million workplaces, more than 100
million employees, and some 945,000
hazardous chemical products. Ensuring
that hazard and protective measure
information is available in workplaces
through hazard communication
programs helps employers design and
implement appropriate controls for
chemical exposures, and gives
employees the right-to-know the
hazards and identities of the chemicals,
as well as allowing them to participate
actively in the successful control of
exposures. Together, these actions of
employers and employees reduce the
potential for adverse effects to occur.
The information transmitted under the
HCS requirements provides the
foundation upon which a chemical
safety and health program can be built
in the workplace.

The HCS is performance-oriented, i.e.,
it establishes requirements for labels
and safety data sheets but does not
provide the specific language to convey

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hPROPOSALS
53618
Federal Register/Vol. 71, No. 176/Tuesday, September 12, 2006/Proposed Rules
the information or a format in which to
provide it.
B. OSHA Involvement in the
Development of the GHS

OSHA\u2019s HCS is designed to
disseminate information on chemicals
to users to precipitate changes in
handling methods and thus protect
those exposed to the chemical from
experiencing adverse effects. Since the
United States (U.S.) is both a major
importer and exporter of chemicals, the
manner in which the U.S. and other
countries choose to regulate information
dissemination on hazardous chemicals
not only has an impact on the protection
of employees in the U.S. but also may
pose potential barriers to international
trade in chemicals.

To protect employees and members of
the public who are potentially exposed
to chemicals during their production,
transportation, use, and disposal, a
number of countries have developed
laws that require information about
those chemicals to be prepared and
transmitted to affected parties. These
laws vary with regard to the scope of
chemicals covered, definitions of
hazards, the specificity of requirements
(e.g., specification of a format for safety
data sheets), and the use of symbols and
pictograms. The inconsistencies
between the various laws are substantial
enough that different labels and safety
data sheets must often be developed for
the same product when it is marketed in
different nations. For example, Canada
has established requirements for labels
under its Workplace Hazardous
Materials Information System (WHMIS).
WHMIS requires that labels include
specified symbols within a defined
circle. U.S. chemical manufacturers
must label chemicals accordingly for
marketing in Canada.

Within the U.S., several regulatory
authorities exercise jurisdiction over
chemical hazard communication. In
addition to OSHA\u2019s HCS, the
Department of Transportation (DOT)
regulates chemicals in transport, the
Consumer Product Safety Commission
(CPSC) regulates consumer products,
and the Environmental Protection
Agency (EPA) regulates pesticides, as
well as having other authority over
labeling under the Toxic Substances
Control Act. Each of these regulatory
authorities operates under different
statutory mandates, and have adopted
varying approaches to hazard
communication requirements.

The diverse and sometimes
conflicting national and international
requirements can create confusion
among those who seek to use hazard
information effectively. For example,

labels and safety data sheets may
include symbols and hazard statements
that are unfamiliar to readers or not well
understood. Containers may be labeled
with such a large volume of information
that important statements are not easily
recognized. Given the differences in
hazard classification criteria, labels may
also be incorrect when used in other
countries. This is particularly true with
regard to workplace hazard
communication in the U.S. Since the
U.S. OSHA system is performance-
oriented, labels meeting the
specification requirements of other
countries are often seen in the U.S.
workplace. While there are no format
requirements in the U.S. that are
violated by these differing formats, the
underlying hazard criteria from another
country may be different and that could
make the information on the labels out
of compliance with the U.S. HCS.

Development of multiple sets of labels
and safety data sheets for each product
when shipped to different countries is a
major compliance burden for chemical
manufacturers, distributors, and
transporters involved in international
trade. Small businesses may have
particular difficulty in coping with the
complexities and costs involved.

When the HCS was first issued in
1983, the preamble included a
commitment by OSHA to review the
standard regularly to address
international harmonization of hazard
communication requirements. OSHA
was asked to include this commitment
in the final rule in recognition of an
interagency trade policy that supported
the U.S. pursuing international
harmonization of requirements for
chemical classification and labeling.
The potential benefits of harmonization
were noted in the preamble:

* * * [O]SHA acknowledges the long-term
benefit of maximum recognition of hazard
warnings, especially in the case of containers
leaving the workplace which go into
interstate and international commerce. The
development of internationally agreed
standards would make possible the broadest
recognition of the identified hazards while
avoiding the creation of technical barriers to
trade and reducing the costs of dissemination
of hazard information by elimination of
duplicative requirements which could
otherwise apply to a chemical in commerce.
As noted previously, these regulations will
be reviewed on a regular basis with regard to
similar requirements which may be evolving
in the United States and in foreign countries.
(48 FR 53287; November 25, 1983)

OSHA was the only Federal agency
that had a public commitment to pursue
harmonization. We have actively
participated in a number of such efforts
in the years since that commitment was
made, including participation in trade-

related discussions on the need for
harmonization with major U.S. trading
partners. The Agency also issued a
Request for Information (RFI) in the

Federal Register in January 1990, to

obtain input regarding international
harmonization efforts, and on work
being done at that time to develop a
convention and recommendation on
safety in the use of chemicals at work
in the International Labor Organization
(55 FR 2166).

Little progress was made regarding
international harmonization until June
1992, when a mandate from the United
Nations Conference on Environment
and Development (UNCED) (Chapter 19
of Agenda 21), supported by the U.S.,
called for development of a globally
harmonized chemical classification and
labeling system:

A globally harmonized hazard
classification and compatible labelling
system, including material safety data sheets
and easily understandable symbols, should
be available, if feasible, by the year 2000.

UNCED further noted that an
internationally harmonized system for
transport of dangerous goods was
already available. However:

* * * [G]lobally harmonized hazard
classification and labelling systems are not
yet available to promote the safe use of
chemicals, inter alia, at the workplace or in
the home. Classification of chemicals can be
made for different purposes and is a
particularly important tool in establishing
labelling systems. There is a need to develop
harmonized hazard classification and
labelling systems, building on ongoing work.

This international mandate initiated
an extensive effort to develop the GHS.
It involved numerous international
organizations, many countries, and
extensive stakeholder representation.
The work was managed by the
Coordinating Group on the
Harmonization of Chemical
Classification Systems, under the
umbrella of the Interorganization
Programme for the Sound Management
of Chemicals. OSHA chaired the
international coordinating group that
managed the harmonization work. The
technical work was divided among
several international organizations.
Development of criteria for health and
environmental hazards, as well as
mixture classification for chemicals
having these hazards, was done under
the auspices of the Organization for
Economic Cooperation and
Development (OECD). Criteria for
physical hazards were based on the
already harmonized criteria for
transportation, and developed by the
United Nations Subcommittee of
Experts on the Transport of Dangerous
Goods and the International Labor

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Organization. The overall management
of the process, as well as the work on
aspects of the system for communicating
hazards on labels and safety data sheets,
were done by the International Labor
Organization. OSHA participated in all
of this work, and took the U.S. lead on
classification of mixtures and hazard
communication.

The negotiations were extensive and
spanned a number of years. The primary
approach involved identifying the
relevant provisions in each of the major
existing systems, developing
background documents that compared,
contrasted, and explained the rationale
for such provisions, and undertaking
negotiations to find an agreed approach
that addressed the needs of the
countries and stakeholders involved.
The major existing systems were those
of the U.S., Canada, and Europe, and the
United Nations Recommendations for
the Transport of Dangerous Goods.
Principles to guide the work were
established, including an agreement that
protections of the existing systems were
not to be reduced as a result of
harmonization. Thus countries could be
assured that the existing protections of
their longstanding systems would be
maintained or enhanced in the resulting
harmonized approach.

In the U.S., an interagency committee
under the auspices of the U.S.
Department of State coordinated the
various agencies involved. In addition
to the four core agencies that have
requirements that are potentially
impacted by the GHS, there were a
number of other agencies involved that
had interests related to trade or other
aspects of the GHS process. Different
agencies had the lead in various parts of
the discussions. Positions for the U.S. in
these negotiations were coordinated
through the interagency committee.
Interested stakeholders were kept
informed through e-mail dissemination
of information, as well as periodic
public meetings. The U.S. Department
of State also published a notice in the

Federal Register that described the

harmonization activities, the agencies
involved, the principles of
harmonization, and other information,
as well as invited public comment on
these issues (62 FR 15951; April 3,
1997). Stakeholders also actively
participated themselves in the
discussions in the international
organizations and were able to present
their views directly in the negotiating
process.

The product resulting from this effort,
the Globally Harmonized System of
Classification and Labeling of Chemicals
(GHS), was formally adopted by the new
United Nations Committee of Experts on

the Transport of Dangerous Goods and
the Globally Harmonized System of
Classification and Labelling of
Chemicals in December 2002. In 2003,
the adoption was endorsed by the
Economic and Social Council of the
United Nations. While the GHS has
been adopted, it is considered to be a
living document that will be updated as
necessary to reflect new technology and
scientific developments, or provide
additional explanatory text. OSHA
expects to propose adoption of the 2005
version, Revision 1. Modifications to the
GHS that are made after the GHS is
adopted in the U.S. would require
additional rulemaking.

It should be noted that the GHS
document consists of non-mandatory
recommendations and explanatory text.
It is not a model regulation or a standard
that is to be adopted verbatim. Countries
like the U.S., and agencies such as
OSHA, will propose converting the
recommendations into appropriate
regulatory text consistent with national
requirements while ensuring that the
specific provisions are consistent with
the GHS and thus harmonized. OSHA
expects to propose modifying the HCS
to address the changes in hazard
criteria, adopt the specific labeling
requirements, and adopt the SDS order
of information. Other parts of the
framework of the HCS (such as the
coverage of articles, trade secrets, and
scope) would likely remain the same.

While the GHS text is available to
everyone on the UN Web site, it will be
the proposed rule to adopt the GHS that
OSHA plans to issue rather than the
detailed GHS document that will be of
primary interest to U.S. stakeholders. To
help those who are not familiar with the
approach in the GHS, OSHA has
prepared a guide that summarizes the
GHS requirements, and it is available on
our Web site (click on the Hazard
Communication button onhttp://

www.osha.gov). In addition, the Agency

also has a detailed comparison of the
HCS to the GHS available on the Web
site so that interested parties can review
the types of changes that would need to
be made for the current U.S. workplace
requirements to be harmonized with the
international approach.

A review of these differences reveals
that the primary impact of revising the
HCS to adopt the GHS would be on
compliance obligations for producers of
hazardous chemicals. The modifications
to the HCS would involve a review of
the classifications of these chemicals, as
well as preparation and distribution of
new labels and revised safety data
sheets. Employers who use chemicals,
and exposed employees, would benefit
from receiving the revised labels and

safety data sheets prepared in a
consistent format. The information
should be easier to comprehend and
access in the new approach, allowing it
to be used more effectively for the
protection of employees. The primary
change in workplaces where chemicals
are used but not produced will be to
integrate the new approach into the
workplace hazard communication
program, including assuring that both
the employers and employees
understand the pictograms and other
information provided on the chemicals.

The GHS is now available for
worldwide implementation, and
countries have been encouraged to
implement the GHS as soon as possible,
with the goal of a fully operational
system by 2008. This goal was adopted
by countries in the Intergovernmental
Forum on Chemical Safety, as well as
endorsed by the World Summit on
Sustainable Development. In addition,
countries involved in the Asia-Pacific
Economic Cooperation have endorsed a
goal of 2006. The U.S. participates in all
of these international groups, and has
agreed to working toward achieving
these goals.

The U.S. is also a member of both the
United Nations Committee of Experts on
the Transport of Dangerous Goods and
the Globally Harmonized System of
Classification and Labeling of
Chemicals, as well as the Subcommittee
of Experts on the Globally Harmonized
System of Classification and Labeling of
Chemicals. These permanent UN bodies
have international responsibility for
maintaining, updating as necessary, and
overseeing the implementation of the
GHS. OSHA and other affected Federal
agencies actively participate in these
UN groups. In addition, OSHA, EPA and
the U.S. State Department also
participate in the GHS Programme
Advisory Group that functions under
the United Nations Institute for Training
and Research (UNITAR). UNITAR is
responsible internationally for helping
countries implement the GHS, and has
ongoing programs to prepare guidance
documents, conduct regional
workshops, and implement pilot
projects in a number of interested
nations.

C. Other OSHA Activities Related to the
GHS

OSHA and the other three core
agencies continue interagency
discussions related to coordination of
domestic implementation of the GHS, in
addition to ongoing discussions and
coordination related to international
work to implement and maintain the
GHS.

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