OSHA extends deadline to comply with new HazCom rule

On May 20, 2024, the Occupational Safety and Health Administration (OSHA) finalized its update to the Hazard Communication Standard (HCS) with an employer implementation date of July 20, 2026. However, OSHA has determined it is necessary to extend the initial compliance date by four months to allow time for it to publish the necessary guidance materials and for the regulated community to review those materials before the revised provisions take effect.

Employers must update their programs, as necessary, no later than Nov. 20. Specifically, the standard states that all employers are required to update any alternative workplace labeling used under paragraph (f)(6) of the HCS, update the hazard communication program required by paragraph (h)(1), and provide any additional employee training in accordance with paragraph (h)(3) for newly identified physical hazard, or health hazards or other hazards covered under the updated HCS.  

It should be noted that OSHA has provided a transition period in which employers may comply with either the updated standard, the current standard or both until May 19, 2028. During this timeframe, employers can legally maintain compliance by following the previous version of the rule, HCS/HazCom 2012, or the updated standard HazCom 2024/ Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7, or a combination of both.

While an employer can dual-comply during this window, the transition period for a specific chemical effectively closes for an employer the moment a supplier delivers an updated GHS Revision 7 Safety Data Sheet (SDS) and label for that chemical. Once an employer receives that updated hazard information, it must immediately initiate worker retraining and update alternative workplace labels for that specific chemical.

Required employer actions to comply include:

• Update the workplace’s physical written hazard communication program to reflect new hazard classifications and supplier data.
• Revise any alternative workplace labeling systems.
• Conduct employee retraining on new label elements and SDS format modifications.

For additional information visit OSHA’s Final rule to Amend the Hazard Communication Standard webpage or the Hazard Communication Standard Federal Register webpage.

Jonathan Flannery, MHSA, CHFM, FASHE, FACHE, senior associate director, ASHE Regulatory Affairs.