Please see the below about the upcoming OSHA Hazard Communication Standard (HCS) requirements and timelines.
Time Period for Distributors
The HCS 2012 permits distributors to continue to ship chemicals with HCS 1994 labels until December 1, 2015. 29 CFR 1910.1200(i)(2)(i). However, due to the situation described above - where a manufacturer or importer cannot comply with the June 1, 2015 effective date despite its reasonable diligence and good faith efforts - there may be distributors that are consequently unable to comply with the December 1, 2015 compliance date. In that situation, a CSHO will determine, again on a case-by-case basis, whether a distributor exercised reasonable diligence and good faith to comply with the December 1, 2015 effective date. In making such determination, a CSHO shall consider whether the distributor is able to document its communication with the manufacturer or importer about the circumstances for the noncompliance with HCS 2012. Distributors must provide HCS 2012-compliant SDSs to downstream users with the first shipment after the SDSs are provided by the manufacturer or importer. If a downstream user requests an HCS 2012-compliant SDS that is available prior to receiving a new shipment, the manufacturer, importer, or distributor must provide it immediately.
After having received HCS 2012-compliant SDSs, a distributor's failure to provide the updated SDSs to other distributors or employers along with the first shipment or upon request would be a violation of 1910.1200(g)(7)(i), and a citation should be issued.
In the limited situation described in this memorandum, distributors will be allowed to ship chemicals permissibly labeled with HCS 1994-compliant labels until December 1, 2017.
Question: I'm a distributor that has pallets of existing stock of individual containers with HCS 1994-compliant labels on them. Do I need to remove the old label from each individual container and replace it with a new HCS 2012-compliant label?
Answer: A distributor may maintain HCS 1994-compliant labels on its existing stock until the effective date in 1910.1200U)(2)(i). After December 1, 2015, distributors shall not ship chemicals without HCS 2012-compliant labels. In the situation where a distributor's supplier has not been able to comply with the June 1, 2015 compliance date despite reasonable diligence and good faith efforts, the distributor may continue to ship HCS 1994-compliant labels. The distributor must be able to document its communication with the supplier to determine the circumstances for the supplier's noncompliance with HCS 2012.
UPCOMING LABEL AND SAFETY DATA DEADLINES!!!
Below is a brief outline of important dates within the HCS:
- Under the revised OSHA Hazard Communication Standard, employers must train employees on the new GHS-style label elements and SDS format by December 1, 2013.
- Manufacturers must comply with the labeling and SDS revisions by June 1, 2015.
- Distributors have until December 1, 2015, to comply with the new labeling requirements.
- Employers have until June 1, 2016, to update alternative workplace labeling and hazard communication written plans as necessary, and provide additional employee training for newly identified physical or health hazards.
Anderson Chemical Company will be compliant with new Safety Data Sheets (SDS) and Label requirements ahead of the June 1, 2015 deadline. We have already begun to transition a number of products to new labels and most product data is now in the SDS format. The updated SDS documents can be found at www.theintegraprogram.com/sds. Once the transition is complete to the new SDS format, hard copies of the SDS will NOT accompany INTEGRA installation systems and will need to be accessed from the website.
Distributors may ship products labeled by manufacturers under the old system until December 1, 2015. It is important that Distributors monitor inventory to comply with the year end moratorium on selling products with hazardous ingredients labeled under the old system. Products shipped after December 1st, 2015 must be labeled with the new format.
You will notice the labeling changes on most of the products, with the exception being for EPA Registered products. The EPA Registered products were not subject to the new labeling requirements, and therefore you will not see a change in their labeling.
All product safety data will be available in the SDS format.
If you have questions about the label requirements and deadlines, please contact us.