This memorandum is to provide additional, interim guidance on the Hazard Communication 2012 June 1, 2015 effective date. OSHA provided related guidance in its February 9, 2015 memorandum which described the Agency’s enforcement position for manufacturers, importers, and distributors that have not received classification and SDS information from upstream supplier(s) on which it intends to rely for classification of its product before June 1, 2015. The February 9th memo explained that in this situation, enforcement discretion would allow for limited continued use of HCS 1994-compliant MSDSs and labels provided that the manufacturer or importer exercised reasonable diligence and made good faith efforts to comply with HCS 2012 prior to June 1st. Since issuing the guidance on February 9, 2015, OSHA has received an overwhelming number of additional questions and requests for further clarification on behalf of manufacturers, importers, and distributors. Many of the questions relate to the use of HCS 1994-compliant labels on containers packaged for shipment (i.e., existing stock.)
The Agency’s efforts to ensure that additional clarification is incorporated in the revised Hazard Communication directive has led to a minor delay in completing review and clearance of the directive. The directive is now anticipated to be approved for issuance shortly after June 1, 2015, and this memorandum will be cancelled upon its issuance. The following interim policy is being provided on the limited continued use of HCS 1994-compliant labels:
- Guidance for manufacturers and importers of hazardous chemicals
Where a manufacturer or importer has not received classification information from its upstream supplier(s) on which it intends to rely for the classification of its product before June 1, 2015, the manufacturer or importer may continue use of the HCS 1994 label under certain limited circumstances. To do so, the manufacturer or importer must be able to initially demonstrate it has exercised reasonable diligence and made good faith efforts to obtain and integrate the information.
For further information about Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012), please follow the osha.gov link above. Please contact Nexreg for MSDS Services.