Globally Harmonized System Update

Similar documents
C L I E N T A LERT. Ha r m o n i z i n g Ha z a rd Co m m u n i c a t i o n : OSHA Pr o p o s e s t o. I. Ba c k g r o u n d

Globally Harmonized Systems A Brave New OSHA HazComm

GHS Safety Data Sheets & Labeling System

GHS Classification CONCEPT OF GHS

Hazard Communication Standard and GHS Update. Maureen Ruskin Deputy Director Directorate of Standards and Guidance

The Globally Harmonized System (GHS) for Hazard Classification and Labelling. Development of a Worldwide System for Hazard Communication

Hazard Communication. What You Need to Know. Southeastern OSHA Training Institute Education Center

10/15/2012. Notable changes: OSHA Hazard Communication 2012 The Revised Standard Incorporating GHS. Notable changes: Organization of the Final Rule

The Globally Harmonized System (GHS) for Hazard Classification and Labeling. Development of a Worldwide System for Hazard Communication

The Globally Harmonized System (GHS) for Hazard Classification and Labelling. Development of a Worldwide System for Hazard Communication

Global Harmonizing System GHS

ENGINEERING AND CONSTRUCTION BULLETIN

Introduction to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

Arizona Division of Occupational Safety and Health Administration. 800 W. Washington Street, Phoenix, AZ Consultation:

HAZARD COMMUNICATION and GHS. Environmental Health and Safety

HAZARD COMMUNICATION PROGRAM PREPARED BY ENVIRONMENTAL HEALTH AND SAFETY OFFICE

PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT O.C.G.A

HazCom and Global Harmonization Are You In Compliance? BISC June, 2018

Summary of OSHAs New Hazard Communication Standard The Globally Harmonized System of Classification and Labeling of Chemicals

HAZARD COMMUNICATION PROGRAM

Global Harmonization and Hazard Communication

"GHS CONTAINER LABELING"

HAZCOM - Training

Complying with OSHA s Revised Hazard Communication Standard

HAZARD COMMUNICATION PROGRAM 2015 UPDATE GHS AWARENESS TRAINING CSULB COE

HAZARD COMMUNICATION PROGRAM

EUROPEAN COMMISSION. Brussels, XXX [ ](2015) XXX draft ANNEX 1 ANNEX

Responsibilities: Effective Date: November Revision Date: February 8, VP, Facilities and Construction Management. Issuing Authority:

MSES consultants, inc.

Today we re going to talk about understanding chemical labels. Each one of us works with chemicals, whether at work or at home. You need to know how

GHS Hazard Commmunication Right-to-Understand. Helping you comply with 29 CFR

Proposals to address issues from the programme of work for the practical classification issues correspondence group

First Quarter OSHA Hazardous Chemical Labeling Requirements

Hazard Communication Right-to-Know Program

Global Harmonization System:

Preparing for GHS: What Employers Need to Know

7/8/2013. What is GHS?

Hazard Communication Training Script

Guidelines for the Labelling of Chemical Products

GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION AND LABELING OF CHEMICALS (GHS)

Hazcom 2012: Changes to the OSHA Hazard Communication Standard. Risk Engineering

Status of the Implementation of GHS in China

EUROPEAN COMMISSION. Brussels, XXX D046374/04 [ ](2016) XXX draft ANNEX 1 ANNEX

OSHA PART 1: PREPARING FOR THE SESSION. 1. Training Booklet. 2. Why This Session Is Important. 3. Purpose and Objectives of the Session

Globally Harmonized Systems. Presented By: Jill Kozrowski-Environmental Health & Safety Manager Land O Frost Inc. Lansing, IL

HAZARD COMMUNICATION PROGRAM

Hobart and William Smith Colleges. Hazard Communication Program

Hazard Communication Program

Information gathering

Hazard Communication for Dangerous and Harmful Materials

Abstract. Keywords. 1. Introduction. Sarisak Soontornchai

HAZARD COMMUNICATION PROGRAM

WHAT S WRONG WITH THIS PICTURE?

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Purpose, scope and application

University of Richmond Hazard Communication Program

Section A: Purpose: Only terminology changes have been made within this section.

Hazard Communication & Globally Harmonized System (GHS)

SAMPLE PAGES. Hazard Communication Program. [Company name]

Hazard Communication Standard: Safety Data Sheets

HAZARD COMMUNICATION PROGRAM

Laboratory Chemical Safety. Pathology Training

Trends in the Sound Management of Chemicals Perspectives from Asia and Pacific

New OSHA Training Requirements for the Revised HAZ-Com Standard 2014 Presented by Aircare FACTS Training. Haz Com 2014 Update

The Guidelines for Hazard Identification of New Chemical Substances

Chemical Control Banding and the OSHA Hazard Communication Program? Davis Frederiksen, CIH Rochester Gas and Electric Corporation

Unit 3: Classification of Hazardous Materials

University of Tennessee Safety Procedure

OKLAHOMA STATE UNIVERSITY HAZARD COMMUNICATIONS

Hazard Communication 2012 The Revised Standard and What Changes You Can Expect in the Workplace

HAZARD COMMUNICATION PROGRAM

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

Geneva College Hazard Communication Program Presentation

Transmitted by the European Chemical Industry Council (CEFIC) on behalf of the informal correspondence group *

Globally Harmonized System of Classification and Labeling of Chemicals (GHS) LC-1033p Rev. 06/16

All work units (academic & operational) of Salisbury University will participate in the hazard communication program.

HAZARD COMMUNICATION. OSHA 29 CFR 1910 SUBPART Z & United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

OKLAHOMA STATE UNIVERSITY HAZARD COMMUNICATIONS

Hazard Communication Program & Policy (Right to Know)

Changes to Materials Data Safety Sheets (MSDS)

Marquette University Effective: 5/21/02 Hazard Communication Program Updated: 03/11/09 Revision No.: 1 Page: 1

August 12, Docket OSHA ; Comments on Review of Process Safety Management (PSM) Standard Hydrochloric and Hydrofluoric Acids

Hazard Communication

OKLAHOMA STATE UNIVERSITY HAZARD COMMUNICATIONS

Chemical Hygiene Plan for Laboratories

Contents Introduction Purpose Background What is a hazardous chemical? What is the GHS?...

Lab Safety CEU Course $ HOUR RUSH ORDER PROCESSING FEE ADDITIONAL $50.00

Update of current activities

The information contained in this SOP is general in nature. Any YouTube videos included are as a compliment to the information presented.

Hazard Communication Program

LABELS AND SAFETY DATA SHEETS

11/25/2013 LET S TALK ABOUT TRAINING! WHEN AND HOW OFTEN? CHEMICAL SAFETY SERIES WITH KRISTY 2 Kristy Main December 4, 2013

European harmonisation of product notification- Status 2014

Hazard Communication Policy

Globally Harmonized System of Classification and Labeling of Chemicals and the Hazard Communications Standard

Reference Guide to GHS Container Labels

Frequently Asked Questions (FAQ) on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS)

Gas Under Pressure Mixtures (Toxic [6.1]) Group Standard HSR002536

Health, Safety, Security and Environment

Purpose. Sub-Committee of Experts on the Transport of Dangerous Goods. Forty-ninth session

UNIVERSITY OF HOUSTON ENVIRONMENTAL HEALTH AND & LIFE SAFETY POLICIES AND PROCEDURES I. PURPOSE

Transcription:

OSHA Hosts Public Meeting to Discuss Preparations for December UN Meetings Beveridge & Diamond, P.C., December 7, 2010 On November 30, 2010, the Occupational Safety and Health Administration ( OSHA ) held an informal public meeting to solicit input for the upcoming session of the United Nations Subcommittee of Experts on the Globally Harmonized System of Classification and Labeling of Chemicals ( UNSCEGHS ), to be held from December 7-9, 2010, in Geneva, Switzerland. 1 During the meeting, OSHA officials offered little insight into the position that the United States delegation would be taking with respect to various proposals to update the Globally Harmonized System ( GHS ). Instead, they listened to input from the stakeholders in attendance. OSHA officials indicated that they would consider the stakeholders comments while finalizing their positions on the proposals before the UNSCEGHS, but they emphasized that the comments would have no bearing on the rulemaking process for OSHA s hazard communication standard ( HCS ). 1. Background Many countries have regulatory systems in place for hazardous chemical classification and labeling, but differences in the various country systems require multiple classifications, labels and safety data sheets ( SDSs ) for the same product when marketed in different countries or regulated by different authorities. This leads to inconsistent information provided to those potentially exposed to chemicals, as well as regulatory burdens on companies selling chemicals in multiple countries. In 1992, the United Nations Conference on Environment and Development issued a mandate to develop a globally harmonized chemical classification and labeling system. Pursuant to this mandate, a coordinating group of countries, stakeholder representatives, and international organizations developed the GHS. The GHS contains classification criteria for physical hazards, classification criteria for health and environmental hazards, and hazard communication elements, including requirements for labels and SDSs. The UN formally adopted the GHS in 2003 and encouraged countries to implement it as soon as possible. The GHS has subsequently been revised, with the Third Revised Edition of the GHS released in 2009. 2

In the United States, OSHA has the principal responsibility for regulating classification, labeling, and SDSs required for chemicals in the workplace. OSHA began regulating the classification and labeling of chemicals in 1983, when it issued the HCS. 3 The HCS was subsequently amended in 1987 and 1994 to expand its coverage and make technical changes. On September 30, 2009, after the issuance of the Third Revised Edition of the GHS, OSHA issued a proposed rule that would substantially modify the HCS to conform with the GHS. OSHA s proposed modification to the existing HCS included minor changes in terminology and definitions, revised criteria for classification of chemical hazards, revised labeling provisions, a specified format for SDSs, and requirements for employee training on labels and safety data sheets. 4 OSHA accepted public comments on its proposed rule until December 29, 2009. It is in the process of finalizing the HCS rule with the expectation of publication in 2011. 2. UN Session on Harmonized Labelling Between December 7 and 9, 2010, the UNSCEGHS will meet to discuss several proposals for updating the Third Revised Edition of the GHS. These proposals address: (1) classification of chemically unstable gases and gas mixtures; (2) determination of the chemical instability of gases; (3) the inclusion of simple asphyxiants; (4) revision of precautionary statements in annexes 1, 2, and 3 of the GHS; (5) draft amendments to the GHS that were adopted in principle by the UNSCEGHS at its nineteenth session; (6) hazard communication for the supply and use of aerosols; (7) revision of the precautionary statements for gases in transportable gas cylinders under pressure; (8) hazard communication for gases under pressure; (9) addressing potential issues associated with the adoption of corrosive to metals for supply/use situations; and (10) editorial changes. 5 In addition, the UNSCEGHS will discuss: (1) the development of a global list of GHS classified chemicals; (2) information relating to nanomaterials that has been developed by Australia; (3) ongoing work on dust explosion hazards; and (4) ongoing work on corrosivity criteria. 6 A U.S. delegation will be in attendance, headed by OSHA, that includes the Consumer Product Safety Commission, the Department of Transportation, and the Environmental Protection Agency. The U.S. delegation and will offer its position on these proposals. 3. OSHA s Public Meeting

On November 12, 2010, OSHA announced that it would hold an informal public meeting to discuss the proposals that will be before the UNSCEGHS in Switzerland. 7 This meeting took place at OSHA s Headquarters on November 30, 2010. It was led by Maureen Ruskin, the Director of the Office of Chemical Hazards - Metals, for OSHA s Directorate of Standards and guidance. Over 40 different stakeholders participated in the meeting, including representatives from industry groups, labor groups, consumer groups, and various companies. During preliminary comments, Ms. Ruskin explained that the purpose of the meeting was to gather information and comments from the public that the U.S. delegation could consider when developing its positions for the UNSCEGHS meeting. She also explained that the comment period has ended with respect to the proposed HCS standard, and that OSHA would not consider any comments made during the meeting when finalizing the HCS proposal. Finally, in response to questions about how any further updates to the GHS would affect the HCS rulemaking, she explained that there would have to be additional rulemakings to incorporate any new changes to the GHS into the HCS standard. Ms. Ruskin then proceeded to introduce each of the proposals that will be before the UNSCEGHS, and ask if the participants had any comments on those proposals. The proposals regarding the inclusion of simple asphyxiants, supply and use of aerosols, the supply and use of substances and mixtures that are corrosive to metals, and the development of a global list of GHS classified chemicals generated the most discussion among the meeting participants. A. Proposal to Address Simple Asphyxiants in the GHS Representatives of labor groups voiced strong support for the proposal to address simple asphyxiants in the GHS. Representatives from industry were generally supportive of the proposal, but voiced concerns that the proposal was not confined to asphyxiants in confined or enclosed spaces, and did not reference any test methods. B. Hazard Communication for Supply and Use of Aerosols Representatives from consumer groups voiced strong support for the proposal relating to the supply and use of aerosols. It would create a category, hazard standard, and precautionary statements for non-flammable aerosols. In response to a question from a meeting participant, OSHA

officials indicated that the United States has been supportive of a category for non-flammable aerosols in the past. C. Proposal to Address Potential Issues Associated with the Adoption of Corrosive to Metals for Supply/Use Situations The proposal regarding corrosive to metals was met with opposition by several meeting participants because it was seen as a way to avoid labeling, as it would allow labeling elements to be omitted where a substance or mixture is corrosive to metals but not to skin and/or eyes. In particular, some commenters pointed out that metal corrosion can lead to fires and other hazards, thus warranting hazard warnings. Other commenters, however, supported the proposal because they believed that it was not necessary to warn consumers if the substance or mixture only led to minimal corrosion at the consumer level. Another commenter pointed out that hazards associated with substances and mixtures that are corrosive to metals but not to skin and/or eyes may not be a big problem, since they have never been regulated by OSHA. OSHA officials conceded to the meeting participants that they had not yet developed a position on this proposal. D. Global List of GHS-Classified Chemicals The meeting participants supported ongoing discussion about the development of a global list of chemicals classified according to GHS criteria, but noted several concerns. In particular, they were concerned about who would develop the list, the methods that would be used to develop the list, mechanisms for updating the list, dispute resolution, harmonization by sector, and whether the list would be binding. OSHA officials agreed that they wanted to continue discussions about a global list and would actively participate in those discussion. 4. Conclusion OSHA s public meeting in preparation for the UN Meetings on the GHS generated productive discussion among various stakeholders about how the GHS should be updated to better classify chemicals and communicate hazards. OSHA has shown a commitment to conforming with the GHS. Although it is yet to be seen what position the U.S. will take on the proposals to be considered in Geneva, there is a possibility that there could be future OSHA rulemakings to adopt further changes to the GHS.

This client alert was prepared by Mark Duvall, mduvall@bdlaw.com, and by Jayni Lanham, jlanham@bdlaw.com. 1 Preparation for December UN Meetings on the Globally Harmonized System of Classification of Labelling of Chemicals (GHS), 75 Fed. Reg. 69472 (Nov. 12, 2010). 2 See Beveridge & Diamond, P.C., GHS Update: Release of the Third Revised Edition and OSHA s Proposed Rule Implementing the Globally Harmonized System of Classification and Labeling of Chemicals (Oct. 1, 2009), http://www.bdlaw.com/news-666.html. 3 29 C.F.R. 1910.1200, 1915,1200, 1917.28, 1918.90, 1926.59. 4 Hazard Communication, 72 Fed. Reg. 50280 (Sept. 30, 2009). See Beveridge & Diamond, P.C., Harmonizing Hazard Communication: OSHA Proposes to Implement the Globally Harmonized System (Oct. 16, 2009), http://www.bdlaw.com/news-706.html. 5 AC.10/C.4 - Working Documents 2010 - Sub-Committee of Experts on GHS, available at http://www.unece.org/trans/main/dgdb/ dgsubc4/c42010.html. 6 Id. 7 Preparation for December UN Meetings on the Globally Harmonized System of Classification of Labelling of Chemicals (GHS), 75 Fed. Reg. 69472 (Nov. 12, 2010).