OSHA Responds to Petition to Extend Deadline for Formulators

Industries Request OSHA Extend Deadline

Recently, OSHA responded to nine industry organizations who filed an August, 2014 petition requesting the agency reopen the rulemaking proceedings for the Hazard Communication Standard (HCS)– the industries request OSHA extends deadlines of June 2015 for formulators to meet HCS 2012 compliance requirements.

Under HCS 2012, manufacturers and distributors are required to provide information about chemical hazards on SDS and labels using specified formats and content to alert the user, providing immediate and consistent recognition of the hazards. Manufacturers and importers have until June, 2015 to comply with all final rule provisions of HCS 2012 including SDS and labeling requirements. Many manufacturers are concerned that they will not have the information from raw material providers to accurately classify their products by the deadline.

In the October, 2014 letter issued to the petitioners, OSHA stated it would use an enforcement policy instead of reopening the rule as requested.

The letter from OSHA Administrator, David Michaels, stated, “OSHA is able to use its enforcement discretion when compliance staff consider whether formulators and manufacturers have performed their due diligence and made good faith efforts to obtain necessary information to comply with the June 1, 2015 deadline.”

Additionally, OSHA recommended that formulators and manufacturers document all efforts to obtain the required information from their suppliers. At the time of publication, further clarification regarding the enforcement policy was not available. SiteHawk will continue to track any changes or updates to the deadline or regulations regarding this matter.

Source:

Michaels, David. Letter to Eric Byer, President of the National Association of Chemical Distributors.  October 31, 2014.