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.

Frequently asked questions

What is the OSHA Hazard Communication Standard (HCS) 2024 update?

This is the amendment to the HCS in July 2024 to align U.S. regulations with the practices defined in the 7th revision of the Globally Harmonized System (GHS). This also aligns the standard with Canada's Hazardous Products Regulations (HPR-WHMIS).

How does the HCS 2024 align with the 7th revision of the Globally Harmonized System (GHS)?

The HCS regulations have been amended to align with the 7th revision of the GHS regarding the classification of hazardous products, safety data sheets (SDS) and labeling of hazardous products.

What new hazard classes have been introduced in the HCS 2024 update?

The new hazard classes included in HCS 2024 are Chemicals under pressure and Desensitized explosives.

How has the classification of flammable gases changed under HCS 2024?

Before 2024, the Flammable Gases class consisted of only Categories 1 and 2 without subcategories. There was also a class for Pyrophoric Gases. In the 2024 amendment, the Pyrophoric Gases class was abolished and included as a subcategory of the Flammable Gases class. In addition, numerous subcategories were added. Now the class consists of the following categories and subcategories: 1A, 1B, 2, 1A - Pyrophoric Gas, 1A - Chemically Unstable Gas A and 1A - Chemically Unstable Gas B.

What modifications have been made to the safety data sheet (SDS) format in HCS 2024?

The content of Section 9 has been modified, some properties have been added to the list and others have been removed.

What are the new requirements for declaring hazardous ingredients on SDSs?

The revised HCS 2024 makes a significant change regarding the disclosure of ingredients whose composition is kept secret for reasons of trade secrecy. While often used to include statements such as "Trade secret" or "Proprietary," the revised version now requires the unique identifier of the product to be included on the SDS. Therefore, the identification number and its source must be indicated in Section 3.

How have labeling requirements changed for small and very small containers under HCS 2024?

Reduced labeling requirements have been established for containers of 100 ml or less, which are referred to as �œsmall containers.” A further reduction in requirements has also been implemented for containers of 3 ml or less, which are referred to as �œvery small containers.” OSHA has also tightened the rule that required a U.S. address on the label of hazardous products, as is required for SDSs.

What are the new transition deadlines for updating labels and SDSs under HCS 2024?

The transition to HCS 2024 is expected to take between 18 and 42 months, depending on the product and stakeholders. For substances, manufacturers have until January 19, 2026, to make updates, and employers until July 19, 2026. For mixtures, manufacturers will have until July 19, 2027, and employers until January 19, 2028.

How does the HCS 2024 update impact training and hazard communication programs?

Training and hazard communication programs will need to be updated to include regulatory changes. This includes changes to hazard classes, safety data sheets, and labels.

What are the expected benefits of the HCS 2024 update for workplace safety and compliance?

The amendments have several objectives: to reduce the number of incidents involving hazardous chemicals; to keep the regulations aligned with those of other countries that use the GHS classification; and to improve the classification of hazardous products.