GHS in the USA: OSHA Hazard Communication Standard

The United States of America (USA) has joined many other countries in adopting the “Globally Harmonized System of classification and labelling of chemicals” proposed by the UNECE. The US OSHA Hazard Communication Standard (29 CFR 1910.1200) can be referred to as “HazCom” or “HazCom 2012” in short. In the HazCom 2012, OSHA adopts GHS in a localized version; the OSHA version of GHS can be better understood by comparing it to the UNECE model GHS guidelines.

Key Dates:

• Mar 26, 2012: OSHA published the final rule in the federal register

• Dec 1, 2013: Employees at US facilities must be trained on the new HazCom standard

• June 1, 2015: All chemicals manufactured after this date must have GHS labels applied and be accompanied by GHS SDS; a six month extension is given for chemicals already on the market, as noted below.

• Dec 1, 2015: Distributors shall not ship containers labeled by the manufacturer or importer unless they have a GHS label.

1. Acute Toxicity: Category 5 

2. Skin Corrosion/Irritation: Category 3 

3. Aspiration toxicity: Category 2 

4. Environmental hazards: Not addressed because these are outside the jurisdiction of OSHA

Mixture Classification Thresholds

Mixture classifications deviate from the standard GHS wizard classifications in the following respects:

1. Respiratory and Skin Sensitizers: Classification threshold is 0.1% of Cat. 1 or 1A and 1% of 1B (versus GHS classification threshold of 0.1% 1A or 1% for 1 or 1B)

2. Carcinogen: A mixture containing 0.1% of a Cat 2 carcinogen requires classification of the mixture as Carcinogen Cat 2.  (versus GHS standard classification of a mixture as Carc Cat 2 when a Carc Cat 2 component is contained at or above 1%.)

3. Reproductive toxin: Classification threshold is 0.1% of a Cat 1A, 1B, or 2 reproductive toxicant (versus GHS classification threshold of 0.3% for 1A/1B or 3% for Cat 2). 

4. STOT SE: Classification threshold is 1% of a Cat 1 or 2 STOT SE component (versus GHS classification threshold of 10% for Cat 1 or 1% for Cat 2. The guideline value of 20% for Cat 3 applies in both OSHA and GHS.)

5. STOT RE: Classification threshold is 1% of a Cat 1 or 2 STOT RE component (versus GHS classification threshold of 10% for Cat 1 or 1% for Cat 2).

Differences from Standard GHS Label Elements

Pictogram precedence

Purple Book: “if the skull and crossbones applies, then the exclamation point should not appear.”

OSHA Haz Com: “if the skull and crossbones applies, then the exclamation point should not appear where it is used for acute toxicity.”

This means that both the skull and crossbones and the exclamation mark should appear for a chemical that is

• poisonous and a skin sensitizer 

• poisonous and STOT SE 3 

• poisonous and skin/eye irritant

The OSHA HazCom standard does not mention the H-codes or P-codes, therefore it is expected that the H-statements and P-statements on US safety data sheets will not show the codes. Although US OSHA indicated that they would follow the UNECE GHS Revision 3, it should be noted that the precautionary statements adopted by OSHA mostly follows the GHS Revision 4, with a few exceptions as noted below.

List of Chemical Substance Classifications

The US OSHA will most likely not publish a list of approved or guidance substance classifications, but there are some special regulations of substances that must be taken into account when a company decides how to classify their chemical substances. In 29 CFR part 1910, Subpart Z, OSHA makes note of the hazards that must be addressed for this group of substances. For example, from the regulation 1910.1018 for inorganic arsenic:

In addition, OSHA indicates that a supplier may assign a classification as carcinogenic based on the listing as a carcinogen in either

• National Toxicology Program (NTP), “Report on Carcinogens” (latest edition);  or

• International Agency for Research on Cancer (IARC) “Monographs on the Evaluation of Carcinogenic Risks to Humans” (latest editions)

Note that it is not required to follow the NTP or IARC lists for the US SDS, if the classification in accordance with the standard methods of the GHS regulation can be fully documented and supported. However, it is expected that most companies in the USA will follow these lists in order to reduce liability for their self-classification.

Also note that where OSHA included cancer as a hazard of the chemical in 29 CFR 1910 Subpart Z, as noted above, it is required to classify that chemical as carcinogenic for the US market. 

Key issues in Safety Data Sheet format

HazCom 2012 represents the first time OSHA has established requirements for safety data sheet format and content. The SDS Format headers proposed in the OSHA HazCom 2012 standard consist of:

1. IDENTIFICATION

2. HAZARDS IDENTIFICATION

3. COMPOSITION/INFORMATION ON INGREDIENTS

4. FIRST AID MEASURES

5. FIRE-FIGHTING MEASURES

6. ACCIDENTAL RELEASE MEASURES

7. HANDLING AND STORAGE

8. EXPOSURE CONTROLS/PERSONAL PROTECTION

9. PHYSICAL AND CHEMICAL PROPERTIES

10. STABILITY AND REACTIVITY

11. TOXICOLOGICAL INFORMATION

12. ECOLOGICAL INFORMATION

13. DISPOSAL CONSIDERATIONS

14. TRANSPORT INFORMATION

15. REGULATORY INFORMATION

16. OTHER INFORMATION, INCLUDING DATE OF PREPARATION OF THE LAST REVISION

Because OSHA has no power to regulate requirements for environmental protection or transportation, the headers 12 – 14 are considered “voluntary”. But the headers 1 – 11 and 15 – 16 are mandatory. OSHA has clarified in a Letter of Interpretation that alternative header phrases may be used:

“The full title of Section 16 is ‘Other information, including date of preparation or last revision’. It is permissible to title Section 16 ‘Other information’. However, the information contained in this section must include the date of preparation or last revision in order to be considered complete.” (Please refer to OSHA's standard interpretations)

About the Author

Mrs. Lepisto holds honors degrees in Chemistry and Mathematics, and graduate studies in biochemistry. She gathered over 20 years of industrial experience managing global compliance and best practice systems for HES (Health, Environmental, Safety), Product Stewardship, and Sustainability before establishing a consulting practice, Chemical Safety Consulting (www.chemicalsafetyconsulting.com). Mrs. Lepisto partners closely with The WERCS (www.TheWERCS.com), a leading supplier of World Environmental and Regulatory Compliance software. She is an American living with her husband in Berlin, Germany since 1998.