OSHA Changes to HCS 2024 regulations for the safety of hazardous products

On July 19, 2024, the Occupational Safety and Health Administration (OSHA) in the United States published an update to the Hazard Communication Standard (HCS). This change aligns the American regulations with the practices defined in the 7th revision of the Globally Harmonized System (GHS).

The changes were made to meet several objectives:

• Keep the regulations aligned with other countries that base
  their classification system on the GHS
• Improve the classification of hazardous products
• Reduce the number of incidents related to hazardous chemicals

Let's take a look at the main points of this regulatory change.

Classification of hazardous products

One of the main changes made to HCS 2024 is the change of certain hazard classes and the addition of other classes. This was done to better define the different hazard classes.

Aerosols

The class that was formerly called "Flammable Aerosols" has been renamed to simply "Aerosols". In addition, a new hazard category has been added for non-flammable aerosols.

Chemicals Under Pressure

A new hazard class has been added to HCS 2024, Chemicals Under Pressure. This hazard class includes solids and liquids that are pressurized by a gas.

This new hazard class is similar to aerosols but is quite distinct in the regulation. In fact, OSHA indicates that the main difference may be in the container: chemicals under pressure are mainly found in refillable containers, which is not the case for aerosols. This difference could cause inconsistencies with the existing hazard statements, and therefore justifies the use of a separate class.

Flammable Gases

This hazard class has had several categories added. While before 2024 this hazard class only included categories 1 and 2, it now includes categories 1A, 1B and 2. In addition, category 1A has been divided into several subcategories:

• Flammable gases
• Pyrophoric gas
• Chemically unstable gas A
• Chemically unstable gas B

The physical hazard class for pyrophoric gases has also been abolished, as it is now integrated into the flammable gas class.

Desensitized explosives

A hazard class has been added for desensitized explosives. This hazard class includes explosives that have been treated to reduce or eliminate their explosive properties.

Changes to safety data sheets (SDS)

Several of the changes made as part of the HCS 2024 update modify the format of the safety data sheet (SDS).

Physical and chemical properties

The requirements for the content presented in section 9 of the SDS, namely the physical and chemical properties, have been modified. Some data that were previously mandatory are no longer required, such as the odor threshold. In addition, data that were not previously required are now mandatory, such as the particle characteristics.

Declaration of hazardous ingredients

A major change made in the HCS 2024 concerns the declaration of ingredients whose nature is retained for reasons of trade secret. It was not uncommon to see indicators such as "Trade secret" or "Proprietary". However, the 2024 update specifies that the use of a unique identifier for the product is necessary on the SDS. It is therefore mandatory to put a unique identification number as well as its source in section 3.

Address of the supplier of the hazardous product

The revision of the HCS 2024 has made an important clarification on the need to have an address and a telephone number on the SDS. Indeed, the amendment strengthens the requirement that the original supplier’s address and telephone number be in the United States. This requirement was already in place prior to the update, but OSHA has made it more prominent in the regulatory amendment.

Changes to Hazardous Product Labels

There have been a few changes to hazardous product labels in HCS 2024.

First, reduced labeling requirements have been established for containers that are 100 mL and smaller, which the regulation calls "small containers." A further reduction in requirements has also been implemented for containers that are 3 mL or smaller, which the regulation calls "very small containers."

OSHA has also strengthened the existing requirement to have a U.S. address on hazardous product labels, just as it has done for SDSs.

Transition

To allow the industry to adjust to the regulatory change, OSHA has established a transition period in HCS 2024. The transition period varies depending on the updates to be made and the nature of the hazardous product.

For substances

• Manufacturers, importers, distributors and employers have until January 19, 2026 to update labels and SDSs
• Employers have until July 19, 2026 to update their training and hazard communication programs, as well as their workplace labels

For mixtures

• Manufacturers, importers, distributors and employers have until July 19, 2027 to update labels and SDSs
• Employers have until January 19, 2028 to update their training and hazard communication programs, as well as their workplace labels

Conclusion

The 2024 update that OSHA has made to the HCS is important. It touches on a wide range of issues, from classification to SDS and labels, also comprising workplace risk communication program. The workload that such a regulatory update represents can be a significant financial stress for a company. It is in these circumstances that being supported by regulatory experts can be particularly useful.

Whether through our training, our turnkey service or our software solutions, Kalium Solutions can help you achieve regulatory compliance.

Contact us today to see how we can assist you.