Any Israeli company with U.S. facilities should consider taking proactive measures to ensure employees have the appropriate information about chemical hazards. OSHA’s recently updated Hazard Communication Standard (HCS) not only requires chemical manufacturers or importers to classify the hazards of chemicals they produce or import, but also requires all U.S. employers, including those with manufacturing, industrial, retail, medical, and technical establishments, to provide information to their employees about the hazardous chemicals to which they are exposed. This Alert discusses OSHA’s updated HCS and the importance of chemical safety in the workplace, and can aid in reducing the incidence of chemical-related occupational illnesses and injuries.
On May 20, 2024, the U.S. Occupational Safety & Health Administration (OSHA) issued a final rule updating its Hazard Communication Standard (HCS) (29 CFR 1910.1200). The final rule takes effect July 19, 2024.
OSHA’s HCS aims to ensure chemical safety in the workplace by requiring chemical manufacturers or importers to classify the hazards of chemicals they produce or import. In addition, the HCS requires all employers, including those with manufacturing, industrial, retail, medical, and technical establishments, to provide information to their employees about the hazardous chemicals to which they are exposed.
HCS is one of the most common types of violations OSHA cites every year, and noncompliance can be costly for a company. For example, OSHA recently issued nearly $300,000 in penalties to a chemical manufacturing and technology company for, among other things, failing to provide information and training to all employees who were assigned to workplaces where there was exposure to hazardous chemicals as required by the HCS. Specifically, the company failed to maintain a list of hazardous chemicals known to be present at the worksite; ensure that chemical containers were properly labeled, tagged, or marked with the product identifier; and ensure that each employee had access to safety data sheets (SDS) providing specific information about the physical and health risks of the chemicals.
OSHA promulgated its original HCS in 1983 to provide a standardized approach to workplace hazard communications associated with hazardous chemical exposure. OSHA updated the standard in 2012 to align with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS), which has been implemented around the world, to provide a common and coherent approach to classifying chemicals and communicating hazard information to employees.
Read the full GT Alert.