OSHA, GHS, and Your MSDSs and Labels The clock is ticking. Companies will have three years from promulgation to come into compliance with the final rule and two years to implement training requirements. By Jytte Syska, Erin McVeigh, Tamie Webber On Sept. 30, 2009, OSHA released its proposal to modify the current Hazard Communication Standard (HCS) to conform with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The proposed OSHA revisions include both philosophical and tactical changes to Hazard Communication that have far-reaching implications for Material Safety Data Sheets (MSDS) and the authoring, publishing, distribution, and management of labels. The proposal also includes revised criteria for the classification of hazardous chemicals, as well as changes to definitions and terms used in the standards and new training requirements for employees. When the final rule is promulgated, companies will face many challenges, including re-evaluating how their substances and mixtures are classified, reissuing MSDSs and labels, and training staff as appropriate. The Timeline After having accepted public comments until the end of 2009, OSHA estimates a minimum of 18 months from the Notice of Proposed Rulemaking before the final rule is promulgated. Companies will have three years from promulgation to come into compliance with the final rule and two years to implement training requirements on the final regulation. Once the rule is final, companies can begin implementation. However, in accordance with a letter of interpretation from OSHA on Oct. 6, 2009, companies can begin following the EU GHS label format for their OSHA labels as long as the labels also comply with the current Hazard Communication Standard. In addition, there are 26 states and territories with their own OSHA-approved plans. These states and territories are Alaska, Arizona, California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. They will have six months from promulgation to adopt comparable provisions of the final standard. In the meantime, each individual State Plan will remain in effect until it adopts the required revisions. Understanding the Impact Provided the legal process proceeds as planned, companies would be allowed to issue MSDSs and labels for the U.S. market according to the changed rule based on GHS classification no earlier than July 2011, and all existing MSDSs and labels would have to be updated in accordance with the new requirements no later than July 2014. In comparison, the MSDSs for the European market have to be in line with the EU GHS implementation no later than December 2010 for pure substances and by June 2015 for mixtures. The label requirements will involve changes in the printing process and most likely will require many companies to invest in new label printers. Labels on products that are shipped outside the United States must have the pictograms with a red frame, signal words, and the required hazard and precautionary statements. It is still being determined whether or not empty frames will be accepted on the label, as well as whether or not labels for products that are sold and used only in the United States can have the frame printed in black. GHS Around the Globe GHS already has been adopted by countries in regions around the globe. Countries can choose to implement GHS in its entirety or implement only certain parts (otherwise known as the "building block" approach). The true complexity of the standard is realized when reviewing its implementation status in a sample of countries. For comparison purposes, we have provided a brief overview of the status of GHS in these countries: New Zealand, Japan, Korea, and the European Union. New Zealand First, we will examine the adoption of GHS in New Zealand's National Legislature. In New Zealand, hazardous substances are regulated by the Hazardous Substances and New Organisms Act (HSNO), which commenced in July 2001. Hazardous properties are set in the Hazardous Substances Regulations (2001) as follows: * Explosive (Hazard class 1) * Flammable (Hazard classes 2, 3, 4) * Oxidizing (Hazard class 5) * Toxic (Hazard class 6) * Corrosive (Hazard class 8) * Ecotoxic (Hazard class 9) The HSNO classification description is based on the first version of the UN Purple book and on a class number (e.g., Class 6 -- toxicity), subclass number (e.g., 6.1 -- acute toxicity), and hazard category (e.g., A -- LD 50 ? 5mg/kg). Japan In Japan, the Industrial Safety & Health Law (December 2006) currently details requirements for MSDSs and labels. The ISHL provides a list of substances that are subject to MSDS and label requirements and also provides a classification results list that details the classification of about 1,500 regulated chemicals. Japan's Japanese Industrial Standard (JIS), which specifies the standards used for industrial activities in Japan, also has requirements for labels (JIS Z 7251:2006) and MSDSs (JIS Z 7250:2005). Recently, JIS Z 7252:2009 was published for standard GHS classifications for health and environmental hazards.