Global Harmonization System:
Impact On OSHA’s Hazard
Communication Standard
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams P.C.
www.safety-law.com
301-595-3520
Overview
 OSHA has issued final rule to revise 29 CFR 1910.1200 (Hazard
Communication Standard)
 Details released 3/20/12, final rule to appear in 3/26/12 Fed.
Reg.
 Goal is to integrate components of the UN project’s Global
Harmonization Standard (GHS) into HazCom
 Rule modifies MSDS requirements, labeling, classifications, and
requires retraining of all employees.
 Significant opposition to standard from some business groups
due to:
 Inclusion of “unclassified hazards”- altered in final rule, but
legal challenges possible
 Some disputed economic impact estimates (costs of training,
revised labels and MSDSs etc.)
Overview
 Hazard classification: Provides specific criteria for
classification of health and physical hazards, as well
as classification of mixtures.
 Labels: Chemical manufacturers and importers will
be required to provide a label that includes a
harmonized signal word, pictogram, and hazard
statement for each hazard class and category.
Precautionary statements must also be provided.
 Safety Data Sheets: Will now have a specified 16section format.
 Information and training: The Final HCS will require
that workers are trained within two years of the
publication of the final rule to facilitate recognition
and understanding of the new labels and safety data
sheets.
Global Harmonization Project
 Goal of establishing globally harmonized
system for hazard communication established
in 1992 at “Rio” Earth Summit.
 Mandate: “A globally harmonized hazard
classification and compatible labelling
system, including national safety data sheets
and easily understandable symbols, should
be available, if feasible, by the year 2000.”
Global Harmonization Project
 Organization for Economic Cooperation and
Development (OECD) coordinated the development
of environmental and health hazard classification
criteria.
 UN Committee of Experts on Transport of Dangerous
Goods (UN COE) developed criteria for physical
hazards (explosives, flammables, reactives).
 International Labour Organization (ILO) served as
Secretariat for overall coordination.
Global Harmonization Project
 Rationale for U.S. adoption of GHS:
 American companies are major importers of chemicals
as well as exporters, and missing or incomplete
information on chemicals we import may lead to
reduced protections for workers and public.
 Large number of varying requirements around the
world create potential barriers to trade in chemicals,
particularly for small businesses.
 A harmonized and consistent approach has benefits
both in terms of protection and trade.
GHS General Principles
 The Globally Harmonized System (GHS) is not in itself a
regulation or a model regulation. It is a framework from which
competent authorities may select the appropriate harmonized
classification & communication elements.
 Competent authorities will decide how to apply the various
elements of the GHS within their systems based on their needs
and the target audience.
 OSHA had to adopt through conventional rulemaking (governed
by APA) before it can include components in mandatory
HazCom standard
 MSHA has not yet placed HazCom revision (30 CFR Part
47) on its agenda
 The HazCom/GHS includes the following basic elements:
 harmonized criteria for classifying substances and mixtures
according to their health, environmental and physical
hazards; and
 harmonized hazard communication elements, including
requirements for labeling and material safety data sheets.
OSHA Rulemaking – Old Rule
 HazCom has been in effect for over 25 years; foundation for




building a chemical health and safety program in workplace
Addresses needs of employers/employees to obtain information
about chemicals, and worker “right-to-know” about hazards
Requires chemical manufacturers and importers to evaluate
hazards and provide info to customers through labels, data
sheets and worker training programs
Also addresses trade secret protection
Requires all chemicals to be evaluated and incorporates wide
range of hazardous effects to be addressed.
 OSHA claims HazCom has resulted in 40% decrease in
injuries/illnesses due to chemical exposures
OSHA – Final Rule
 GHS specifies warnings and format
 Method of communication and information
transmitted now varies – GHS makes more
consistent
 GHS system is based on international
negotiations and OSHA plans to learn from
implementation experience of other nations
 New rule does NOT reduce level of
protections afforded under original HazCom
standard (29 CFR 1910.1200)
OSHA – Final Rule
 Effective Dates:
 12/1/13: All employees must be trained on new label
elements and SDS format
 6/1/15: Manufacturers and distributors must comply
with all modified provisions except that distributors
have until 12/1/15 to provide revised labels for all
products shipped.
 6/1/16: OSHA enforcement starts: Employers must
update all labels and HazCom program, provide
additional training for workers on newly identified
physical or health hazards
 During transition period, employers can comply with
old or new standard as far as labels and SDSs.
OSHA – Final Rule
 GHS’ “Building block” approach allows competent
authorities to choose from regulatory options in terms
of which hazard classes and categories are adopted

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OSHA adopted the same basic BB as the EU …
EXCEPT it will not address environmental hazards
(outside jurisdiction) and it adds one more category of
the flammable liquid class than EU did.
System has 16 physical hazard classifications and 10
health hazard classifications, which determine label
elements, pictograms, hazard statement, signal words
and precautionary statement required.
Sample Comments - Union
 AFL-CIO “strongly supported” proposal but wanted
OSHA to expand exposure limits listed on SDSs to
include ACGIH TLVs and NIOSH RELs, because
OSHA PELs are outdated
 Union also wanted substance-specific standards to
be included in SDSs (Sec. 15) to alert workers that
there is a comprehensive standard on that chemical
 Union supported adding a definition of “unclassified
hazards” to make sure that emergent hazards can be
included within the scope of HazCom and to address
combustible dust hazards.
Sample Comment - Business
 US Chamber of Commerce had several meeting with
OIRA opposing inclusion of “unclassified hazards” in
the rule
 It has also challenged the purported cost savings as
well as the economic impact analysis prepared by
OSHA
 Urged switching the compliance deadlines (currently
2 years to train, 3 years to prepare new SDSs) so
training can be done after SDSs are available.
 Another group with significant concerns is the
American Chemistry Council, which also met with
OIRA
Sample Comments – ASSE
 ASSE endorsed the rule, but was “disappointed” that control
banding was ignored in the development of the rule
 Urged OSHA to incorporate elements of control banding into
HazCom to avoid need to revisit this later
 Challenged cost estimates for training time
 Suggested ACGIH TLVs should continue to be listed as well
as NIOSH RELs, and suggested additional references to be
considered by end users (AIHA also supports retention of
TLVs and RELs)
 Advocated a quicker effective date for training but not for
phsae in for the SDS and labeling requirements, and
recommended significant compliance assistance be made
available from OSHA
What’s the Impact?
 Rule will impact over 5 million workplaces, and 43 million
workers
 OSHA claims costs range from $38-$47 per covered entity for
one-hour of training
 This did not add costs for developing new labels, SDSs etc.
 According to OSHA:
 Annualized savings for employers of between $585 mil and
$798 mil
 Most of this through increased productivity for H&S
managers and logistics personnel
 Expect 500+ workplace injuries and 43 fatalities to be
prevented annually as a result of change
 Savings attributed to uniform SDSs and labels accounts for
between $16 mil and $32.2 mil
Safety Data Sheet Impact
 The performance orientation of HazCom’s MSDS will
need to be changed.

Use ANSI Z400.1 as template
 HazCom/GHS requires a 16 section MSDS format
with specified sequence and minimum required
contents.

OSHA will not enforce elements 12-15 because deal
with tranport, environmental issues outside jurisdiction
 The level of hazardous components can be given as
ranges or concentrations - the values for component
disclosure in mixtures vary by end point. Therefore,
some changes will be needed for component
disclosure.
Appendix D – SDS Requirements
1.Identification of the substance or mixture and of the supplier
2.Hazards identification
3.Composition/information on ingredients Substance/Mixture
4.First aid measures
5.Firefighting 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
12.Ecological information (non mandatory)
13.Disposal considerations (non mandatory)
14.Transport information (non mandatory)
15.Regulatory information (non mandatory)
16.Other information including information on preparation and revision of the
SDS
Hazard Determination
 Hazard determination/classification are self-classification
processes – manufactures and importers must classify each
chemical, determine appropriate hazard class and category
based on evaluation of full range of available data/evidence
 No testing is required
 OSHA adopted “one study” rule for findings of hazards.
 Appendix A defines health and physical hazards
 Appendix B includes additional parameters to evaluate
health hazard data
 Appendix F pertains to carcinogens
 A “floor” of chemicals to be considered hazardous is
provided by reference to several existing lists of chemicals
 Added supplemental class: “Hazards not otherwise classified”
and included coverage of combustible dust.
Physical Hazards
Hazard Class
Explosives
Flammable Gases
Flammable Aerosols
Oxidizing Gases
Gases under Pressure
Hazard Category
Unstable
Explosives
Div 1.1
1
1
1
1
2
2
Div 1.2
Div 1.3
Div 1.4
Div 1.5
Div 1.6
3
4
Type C
Type D
Type E
Type F
Type G
Type D
Type E
Type F
Type G
Compressed Gases
Liquefied Gases
Refrigerated Liquefied Gases
Dissolved Gases
Flammable Liquids
Flammable Solids
Self-Reactive Chemicals
Pyrophoric Liquids
Pyrophoric Solid
Pyrophoric Gases
Self-heating Chemicals
Chemicals, which in
contact with water, emit
flammable gases
Oxidizing Liquids
Oxidizing Solids
Organic Peroxides
Corrosive to Metals
Combustible Dusts
1
1
Type A
1
1
Single
category
1
1
2
2
Type B
1
1
Type A
1
Single
Category
2
2
Type B
2
2
3
3
3
Type C
Health Hazards
Hazard Class
Acute Toxicity
Hazard Category
1
2
3
4
1A
1B
1C
2
Serious Eye Damage/ Eye Irritation
1
2A
2B
Respiratory or Skin Sensitization
1
Skin Corrosion/Irritation
Germ Cell Mutagenicity
1A
1B
2
Carcinogenicity
1A
1B
2
Reproductive Toxicity
1A
1B
2
Lactation
STOT –
Single Exposure
1
2
1
2
3
STOT –
Repeated Exposure
Aspiration
Simple Asphyxiants
1
Single Category
20
Current HCS versus Modified HCS
HCS Corrosive definition

"Corrosive:" A chemical that causes
visible destruction of, or irreversible
alterations in, living tissue by chemical
action at the site of contact. For
example, a chemical is considered to be
corrosive if, when tested on the intact
skin of albino rabbits by the method
described by the U.S. Department of
Transportation in appendix A to 49 CFR
part 173, it destroys or changes
irreversibly the structure of the tissue at
the site of contact following an exposure
period of four hours. This term shall not
refer to action on inanimate surfaces.
GHS definition of skin Corrosive
Acute Toxicity
Labeling
 For labeling, manufacturer/importer must include:
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Product identifier
Signal word
Hazard statement(s)
Pictogram(s)
Precautionary statement(s)
Name, address, and telephone number of responsible party
 Once a chemical has been classified, the label preparer can
obtain the relevant harmonized information from Appendix C
 OSHA is maintaining the flexibility for workplace signs and
labels.

Use of third party hazard rating systems such as the NFPA
diamonds and HMIS is still a valid approach in the workplace
Comparison of Labeling Requirements
 Old HazCom label requirements are totally
performance -- oriented.
 The HazCom/GHS labeling requirements are
specified: signal words, hazard statements, and
pictograms.

The use of pictograms is a significant change for US
labeling.
 OSHA has retained NTP/OSHA/IARC carcinogen info
 OSHA has retained references to ACGIH TLVs
Other Issues
 Will affect other standards (specific health standards)
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that have incorporated references to 1910.1200.
Health hazard classification also includes specific
listing for crystalline silica
For combustible dust, may need to cross-reference
NFPA 654
Listings on SDS could also lead to GDC enforcement
where no PEL established for a chemical, as a
recognized hazard, as well as enforcement over
appropriate PPE/respiratory protection assessment
(1910.132 and 1910.134)
Expect OSHA to issue guidance within 6 mo. – many
letters of interpretation are sure to follow!
HCS Pictograms and Hazards
Health Hazard
 Carcinogen
 Mutagenicity
 Reproductive Toxicity
 Respiratory Sensitizer
 Target Organ Toxicity
 Aspiration Toxicity
Gas Cylinder
 Gases under Pressure
Flame over Circle
Flame
 Flammables
 Pyrophorics
 Self-Heating
 Emits Flammable Gas
 Self-Reactives
 Organic Peroxides
Corrosion
 Skin Corrosion/ burns
 Eye Damage
 Corrosive to Metals
Environment
Exclamation Mark
 Irritant (skin and eye)
 Skin Sensitizer
 Acute Toxicity (harmful)
 Narcotic Effects
 Respiratory Tract Irritant
 Hazardous to Ozone Layer
(Non Mandatory)
Exploding Bomb
 Explosives
 Self-Reactives
 Organic Peroxides
Skull and Crossbones
(Non Mandatory)
 Oxidizers
 Aquatic Toxicity
 Acute Toxicity (fatal or toxic)
GHS Sample Label –
HAZARDS (Liquid): flammable liquid, flash point =
120°F; oral LD50 = 275 mg/kg
Danger!
Toxic if swallowed
Flammable liquid and vapor
Contains: XYZ
Do not taste or swallow. Get medical attention. Do not take internally. Wash thoroughly after handling. Keep away from heat,
sparks and flame. Keep container closed. Use only with adequate ventilation.
FIRST AID
If swallowed, induce vomiting immediately, as directed by medical personnel. Never give anything by mouth to an unconscious
person.
See Material Safety Data Sheet for further details regarding safe use of this product.
Company name, Address, Phone number
GHS Sample Label – Suspected
Carcinogen (inhalation)
My Product
Warning!
Cause Skin And Eye Irritation
Suspected of causing cancer by inhalation
Contains: XYZ
Do not breathe vapors or mist. Use only with adequate ventilation. Avoid contact with eyes,
skin and clothing. Wash thoroughly after handling
FIRST AID
EYES: Immediately flush eyes with plenty of water for at least 15 minutes. Get
medical attention.
SKIN: In case of contact, immediately flush skin with plenty of water. Remove contaminated
clothing and shoes. Wash clothing before reuse. Get medical attention if irritation develops
and persists.
Company name, Address, Phone number
HAZARDS (Liquid): moderate skin and eye irritant, possible cancer hazard by inhalation
HazCom/GHS - Training
 Training users of hazard information is integral part of
hazard communication.
 Systems should identify appropriate education and
training for GHS target audiences who must interpret
label and/or SDS information and take action in
response to chemical hazards.
 Training should address: workers, emergency
responders, and those involved with preparation of
labels, SDS and HazCom strategies as part of risk
management systems.
 Systems should also educate consumers in
interpreting label information on products they use.
HazCom/GHS Summary
 Level of protection offered to workers, consumers,
general public and environment will not be reduced by
GHS
 Involvement of concerned organizations of employers,
workers, consumers and other relevant groups is
essential
 Validated data already generated for classification of
chemicals under existing systems should be accepted
when reclassifying the chemicals under Haz/Com/GHS
 The new harmonized system may require adaptation of
existing methods for testing.
GHS and Control Banding
 GHS establishes an international system of
classification and labeling that can be used in control
banding.
 Control Banding provides an additional impetus for
implementation of the GHS as a practical use of the
information to control exposures.
 GHS adoption does not mean that control banding
must be implemented, but . . .

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US/EU have proposed a pilot project related to the GHS and
control banding, based on 2 high production volume
chemicals.
Information on project available at http://www.useuosh.org/
Conclusion
 Training of workers can begin immediately
 As new products are ordered, make sure to keep
SDSs in new formats
 Companies that manufacture products will have to
conform to both employer and manufacturer
provisions of revised HazCom rule
 Litigation is possible over inclusion of “hazards not
otherwise classified,” and combustible dust … could
delay effective dates but best to prepare for dates
listed.
Conclusion
Overall benefits of globally harmonized system:
 Promotes safer transportation, handling and use of
chemicals;
 Improves understanding of hazards;
 Increases compliance and reduces costs for
companies involved in international activities;
 Helps protect workers, consumers and potential
exposed populations around the globe.
Bottom Line: A new OSHA HazCom standard is inevitable . . .
Plan ahead!
QUESTIONS ?
Contact Adele L. Abrams, Esq., CMSP
at 301-595-3520 or write to:
safetylawyer@aol.com