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OSHA Posts Final Rule Regarding the Adoption of GHS for Safety Data Sheets
(March 2012)

On March 20, 2012 OSHA posted its final rule modifying the Hazard Communication Standard (HCS) to adopt a Globally Harmonized System (GHS) for safety data sheets (SDS). It was published on Monday March 26, 2012 in the Federal Register with an effective date of May 25, 60 days after publication. The compliance deadline for SDS is June 1, 2015. OSHA has denied the request to exempt FIFRA-registered products from GHS requirements for SDS.
OSHA anticipates that EPA will provide guidance to their regulated community on how to develop an OSHA GHS-compliant SDS that will not be in conflict with the pesticide label. Therefore, pesticides will continue to be covered in the same manner done under the HCS, however, the exemption requested by pesticides industry rulemaking participants for such products is not granted.

While OSHA believes it has taken adequate time in its paperwork estimate to cover compliance with the anticipated EPA guidance, the public has not had the opportunity to comment on the paperwork burdens created by that guidance. EPA intends to solicit public comment on an ICR revision.

Employers must train employees regarding the new label elements and safety data sheets format by December 1, 2013.  Chemical manufacturers, importers, distributors and employers shall be in compliance with all modified provisions (including safety data sheets) of this section no later than June 1, 2015.

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