[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81829-81836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23144]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2019-0001]
RIN 1218-AC93
Hazard Communication Standard
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correction and technical amendment.
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SUMMARY: OSHA is correcting several inadvertent errors in its Hazard
Communication Standard (HCS) which were published in the Federal
Register on May 20, 2024. The agency has identified several errors in
the regulatory text and appendices to the HCS which pertain to the
classification of hazardous chemicals and information presented on
labels and Safety Data Sheets (SDSs). The agency believes these errors,
although minor and primarily typographical in nature, should be
addressed expeditiously to avoid confusion or unnecessary costs in the
regulated community due to incorporation of errors on labels and SDSs.
OSHA is continuing its review of the regulatory text and will issue
another correction document to address additional minor errors at a
later date.
DATES: October 9, 2024.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor; telephone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
For general and technical information: Tiffany DeFoe, Director,
Office of Chemical Hazards, Metals, Directorate of Standards and
Guidance, OSHA, Room N-3718, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210; email defoe.tiffany@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
On May 20, 2024, OSHA published a final rule updating and revising
its Hazard Communication Standard (HCS) (89 FR 44144). The final rule
became effective on July 19, 2024. This document corrects several minor
errors in the final rule. The errors addressed by this correction occur
in Sec. 1910.1200, paragraphs (d) and (f) of the regulatory text and
in appendices A, B, and C. These corrections reflect the agency's
intent for the provisions of the final rule as explained in the
preamble to the final rule. Some of these corrections are explained in
the following discussion, and the table provided at the end of this
section summarizes all the corrections included in this notice.
Two of the corrections are to the regulatory text. First, OSHA
inadvertently mis-numbered portions of paragraph (d) in the final rule,
resulting in erroneous cross-references in other areas of the standard
(e.g., paragraph (f)(1) and appendix D, table D.-1). As shown in OSHA's
references to paragraph (d) in the preamble to the final rule, the
final economic analysis, and cross references in the regulatory text
and appendix D, OSHA intended paragraphs (d)(1)(i)(A) and (d)(1)(i)(B)
to be designated (d)(1)(i) and (d)(1)(ii), respectively (see, e.g., 89
FR 44278). To ensure that the regulatory text is clear and consistent
with the agency's intent, OSHA is rearranging and renumbering paragraph
(d)(1) by incorporating the text currently designated as (d)(1)(ii)
into (d)(1) and renumbering the provisions currently designated as
(d)(1)(i)(A) and (d)(1)(i)(B) to (d)(1)(i) and (d)(1)(ii),
respectively.
Second, a phrase regarding transmission of labels by electronic or
other technological means was inadvertently included in paragraph
(f)(11). As OSHA's discussion in the preamble of the final rule shows
(89 FR 44293), the agency did not intend to include this phrase in
paragraph (f)(11) and is therefore removing it.
The remainder of the errors corrected in this document are in the
appendices. For instance, in appendix B, the contents of table B.13.1
were inadvertently placed as table B.12.1. OSHA only intended to change
table B.12.1 as described in the preamble to the final rule (89 FR
44236). Therefore, the agency is correcting the text of table B.12.1 to
align with what it proposed and stated it was finalizing in the
preamble.
Additionally, OSHA inadvertently inserted hazard statements for
aerosols instead of hazard statements for chemical under pressure in
appendix C, table C.4.16. Therefore, OSHA is updating the label
elements in C.4.16, Chemical Under Pressure, to conform with the GHS,
Rev. 8, consistent with the agency's discussion of its intent to add
the hazard communication elements for chemical under pressure (under
the aerosol hazard class) in the summary and explanation to the final
rule (89 FR 44323-44324). OSHA is also removing extra slashes that were
inadvertently inserted in the prevention column of that table.
Correction Summary
The following table contains a summary of the corrections being
made to the Hazard Communication Standard. The changes are listed by
the paragraph or appendix they are located in.
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Standard Correction or technical amendment
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Sec. 1910.1200, paragraph (d)(1) Change paragraph (d)(1)(i) to
paragraph (d)(1) and incorporate
(d)(1)(ii) into (d)(1); renumber
(d)(1)(i)(A) to be (d)(1)(i) and
(d)(1)(i)(B) to be (d)(1)(ii).
Sec. 1910.1200, paragraph Remove the words ``either'' and
(f)(11)(i). ``or, with the agreement of the
receiving entity, transmit the
labels by electronic or other
technological means'' in the last
phrase of (f)(11)(i).
Sec. 1910.1200, appendix A, Dermal Category 1 value of ``<=5''
table A.1.1. is corrected to read ``<=50''.
Sec. 1910.1200, appendix A, Change the symbol before the 10% in
A.1.3.6.2.4. the second sentence of A.1.3.6.2.4
from <= (less than or equal to) to
> (greater than).
Sec. 1910.1200, appendix A, Rename the table to ``Skin irritant
table A.2.2. category'' and reinsert phrase
``least 2 animals, particularly
taking into account alopecia
(limited area), hyperkeratosis,
hyperplasia . . .'' into the
paragraph.
Sec. 1910.1200, appendix A, Reinsert phrase ``data are available
table A.2.3. and'' into ``Where data are
available and the sub-categories of
skin . . .'' in the text of the
note to the table.
Sec. 1910.1200, appendix A, Category 1, Category 2, and
table A.7.1. additional category for effects on
or via lactation reproductive
toxicity values of ``>=0.01%'' are
corrected to read ``>=0.1%.''
Sec. 1910.1200, appendix B, Add ``or'' after the first condition
table B.3.1. under category 3, to read ``(1) The
chemical does not meet the criteria
for Categories 1 and 2; or''.
Sec. 1910.1200, appendix B, Replace table with the prior version
table B.12.1. of table B.12.1 apart from also
removing ``equal to or'' from
Category 3.
Sec. 1910.1200, appendix C, Remove ``/'' in all locations in
C.4.16. prevention column of all C.4.16
tables.
Replace the tables for Chemical
Under Pressure in C.4.16 to align
with GHS Revision 8 hazard
statements. For Category 1, revise
hazard statement to read:
``Extremely flammable chemical
under pressure. May explode if
heated.''
For Category 2, revise hazard
statement to read: ``Flammable
chemical under pressure. May
explode if heated.'' For Category
3, revise hazard statement to read:
``Chemical under pressure: may
explode if heated.''
------------------------------------------------------------------------
II. Exemption From Notice-and-Comment Procedures
OSHA has determined that these corrections are not subject to the
procedures for public notice and comment specified in section 4 of the
Administrative Procedures Act (5 U.S.C. 553) or section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking only corrects errors of a minor, mainly typographical nature
and makes a few technical amendments that do not affect or change any
existing rights or obligations, and no stakeholder is likely to object
to these changes. Therefore, OSHA has determined that there is good
cause that public notice and comment are unnecessary within the meaning
of 5 U.S.C. 553(b)(4)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5. For the
same reasons, the Agency finds good cause under 5 U.S.C. 553(d)(3) to
make the amendment effective upon publication.
List of Subjects in 29 CFR Part 1910
Chemicals, Diseases, Explosives, Flammable materials, Gases,
Hazardous substances, Incorporation by reference, Labeling,
Occupational safety and health, Safety, Signs and symbols.
Accordingly, 29 CFR part 1910 is corrected by making the following
correcting amendments:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
0
1. Add authority citation for part 1910 to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 08-2020 (85 FR 58393); 29 CFR part
1911; and 5 U.S.C. 553, as applicable.
0
2. Amend Sec. 1910.1200 as follows:
0
a. Revise and republish paragraphs (d)(1) and (f)(11)(i);
0
b. In appendix A, revise and republish table A.1.1, paragraph
A.1.3.6.2.4, table A.2.2, table A.2.3 and table A.7.1;
0
c. In appendix B, revise and republish table B.3.1 and table B.12.1;
and
0
d. In appendix C, revise and republish table C.4.16;
The revisions read as follows:
Sec. 1910.1200 Hazard communication.
* * * * *
(d)(1) Chemical manufacturers and importers shall evaluate
chemicals produced in their workplaces or imported by them to classify
the chemicals in accordance with this section. Employers are not
required to classify chemicals unless they choose not to rely on the
classification performed by the chemical manufacturer or importer for
the chemical to satisfy this paragraph (d)(1). For each chemical, the
chemical manufacturer or importer shall determine the hazard classes,
and where appropriate, the category of each class that apply to the
chemical being classified. The hazard classification shall include any
hazards associated with the chemical's intrinsic properties including:
(i) A change in the chemical's physical form; and
(ii) Chemical reaction products associated with known or reasonably
anticipated uses or applications.
* * * * *
(f) * * *
(11) Label updates. (i) Chemical manufacturers, importers,
distributors, or employers who become newly aware of any significant
information regarding the hazards of a chemical shall revise the labels
for the chemical within six months of becoming aware of the new
information and shall ensure that labels on containers of hazardous
chemicals shipped after that time contain the new information. For
chemicals that have been released for shipment and are awaiting future
distribution, chemical manufacturers, importers, distributors, or
employers have the option not to relabel those containers; however, if
they do not relabel the containers, they must provide the updated label
for each individual container with each shipment.
* * * * *
Appendix A to Sec. 1910.1200--Health Hazard Criteria (Mandatory)
* * * * *
Table A.1.1--Acute Toxicity Estimate (ATE) Values and Criteria for Acute Toxicity Hazard Categories
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Exposure route Category 1 Category 2 Category 3 Category 4
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Oral (mg/kg bodyweight) ATE <= 5 >5 ATE <= 50 >50 ATE <= 300 >300 ATE <= 2000
see: Note (a)
Note (b)
Dermal (mg/kg bodyweight) ATE <= 50 >50 ATE <= 200 >200 ATE <= 1000 >1000 ATE <= 2000
see: Note (a)
Note (b)
Inhalation--Gases (ppmV) ATE <= 100 >100 ATE <= 500 >500 ATE <= 2500 >2500 ATE <= 20000
see: Note (a)
Note (b)
Note (c)
Inhalation--Vapors (mg/l) ATE <= 0.5 >0.5 ATE <= 2.0 >2.0 ATE <= 10.0 >10.0 ATE <= 20.0
see: Note (a)
Note (b)
Note (c)
Note (d)
Inhalation -Dusts and Mists (mg/ ATE <= 0.05 >0.05 ATE <= 0.5 >0.5 ATE <= 1.0 >1.0 ATE <= 5.0
l)
see: Note (a)
Note (b)
Note (c)
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Note: Gas concentrations are expressed in parts per million per volume (ppmV).
Notes to table A.1.1:
(a) The acute toxicity estimate (ATE) for the classification of a substance is derived using the LD50/LC50 where
available;
(b) The acute toxicity estimate (ATE) for the classification of a substance or ingredient in a mixture is
derived using:
(i) the LD50/LC50 where available. Otherwise,
(ii) the appropriate conversion value from table 1.2 that relates to the results of a range test, or
(iii) the appropriate conversion value from table 1.2 that relates to a classification category;
(c) Inhalation cut-off values in the table are based on 4 hour testing exposures. Conversion of existing
inhalation toxicity data which has been generated according to 1 hour exposure is achieved by dividing by a
factor of 2 for gases and vapors and 4 for dusts and mists;
(d) For some substances the test atmosphere will be a vapor which consists of a combination of liquid and
gaseous phases. For other substances the test atmosphere may consist of a vapor which is nearly all the
gaseous phase. In these latter cases, classification is based on ppmV as follows: Category 1 (100 ppmV),
Category 2 (500 ppmV), Category 3 (2500 ppmV), Category 4 (20000 ppmV).
The terms ``dust'', ``mist'' and ``vapor'' are defined as follows:
(i) Dust: solid particles of a substance or mixture suspended in a gas (usually air);
(ii) Mist: liquid droplets of a substance or mixture suspended in a gas (usually air);
(iii) Vapor: the gaseous form of a substance or mixture released from its liquid or solid state.
* * * * *
A.1.3.6.2.4 If the total concentration of the relevant
ingredient(s) with unknown acute toxicity is <=10% then the formula
presented in A.1.3.6.1 must be used. If the total concentration of the
relevant ingredient(s) with unknown acute toxicity is >10%, the formula
presented in A.1.3.6.1 is corrected to adjust for the percentage of the
unknown ingredient(s) as follows:
[GRAPHIC] [TIFF OMITTED] TR09OC24.008
* * * * *
Table A.2.2--Skin Irritation Category \a\
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Criteria
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Irritant (Category 2)............. (1) Mean score of >=2.3 <= 4.0 for
erythema/eschar or for edema in at
least 2 of 3 tested animals from
grading at 24, 48, and 72 hours
after patch removal or, if
reactions are delayed, from grades
on 3 consecutive days after the
onset of skin reactions; or
(2) Inflammation that persists to
the end of the observation period
normally 14 days in a least 2
animals, particularly taking into
account alopecia (limited area),
hyperkeratosis, hyperplasia, and
scaling; or
(3) In some cases where there is
pronounced variability of response
among animals, with very
distinctive positive effects
related to chemical exposure in a
single animal but less than the
criteria above.
------------------------------------------------------------------------
\a\ Grading criteria are understood as described in OECD Test Guideline
404.
* * * * *
Table A.2.3--Concentration of Ingredients of a Mixture Classified as
Skin Category 1 or 2 That Would Trigger Classification of the Mixture as
Hazardous to Skin (Category 1 or 2)
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Concentration triggering
classification of a mixture as:
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Sum of ingredients classified as: Skin corrosive Skin irritant
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Category 1 Category 2
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Skin Category 1................... >=5% >=1% but <5%
Skin Category 2................... ................. >=10%
(10 x Skin Category 1) + Skin ................. >=10%
Category 2.......................
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Note: Where data are available and the sub-categories of skin Category 1
(corrosive) are used, the sum of all ingredients of a mixture
classified as sub-category 1A, 1B or 1C respectively, must each be
>=5% in order to classify the mixture as either skin sub-category 1A,
1B or 1C. Where the sum of 1A ingredients is <5% but the sum of 1A+1B
ingredients is >=5%, the mixture must be classified as sub-category
1B. Similarly, where the sum of 1A + 1B ingredients is <5% but the sum
of 1A + 1B + 1C ingredients is >=5% the mixture must be classified as
sub-category 1C. Where at least one relevant ingredient in a mixture
is classified as Category 1 without sub-categorization, the mixture
must be classified as Category 1 without sub-categorization if the sum
of all ingredients corrosive to skin is >=5%.
* * * * *
Table A.7.1--Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Reproductive
Toxicants or for Effects on or via Lactation That Trigger Classification of the Mixture
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Cut-off values/concentration limits triggering
classification of a mixture as:
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Ingredients classified as: Additional
Category 1 Category 2 category for
reproductive reproductive effects on or
toxicant toxicant via lactation
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Category 1 reproductive toxicant................................ >=0.1% .............. ..............
Category 2 reproductive toxicant................................ .............. >=0.1% ..............
Additional category for effects on or via lactation............. .............. .............. >=0.1%
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* * * * *
Appendix B to Sec. 1910.1200--Physical Hazard Criteria (Mandatory)
* * * * *
Table B.3.1--Criteria for Aerosols
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Category Criteria
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1............................ Contains >=85% flammable components and
the chemical heat of combustion is >=30
kJ/g; or
For spray aerosols, in the ignition
distance test, ignition occurs at a
distance >=75 cm (29.5 in), or
For foam aerosols, in the aerosol foam
flammability test
The flame height is >=20 cm (7.87 in) and
the flame duration >=2 s; or
The flame height is >=4 cm (1.57 in) and
the flame duration >=7 s.
2............................ Contains >1% flammable components, or the
heat of combustion is >=20 kJ/g; and for
spray aerosols, in the ignition distance
test, ignition occurs at a distance >=15
cm (5.9 in), or in the enclosed space
ignition test, the
Time equivalent is <=300 s/m\3\; or
Deflagration density is <=300 g/m\3\.
For foam aerosols, in the aerosol foam
flammability test, the flame height is
>=4 cm and the flame duration is >=2 s
and it does not meet the criteria for
Category 1.
3............................ (1) The chemical does not meet the
criteria for Categories 1 and 2; or
(2) The chemical contains <=1% flammable
components (by mass) and has a heat of
combustion <20 kJ/g.
------------------------------------------------------------------------
Note 1: Flammable components do not include pyrophoric, self-heating or
water-reactive chemicals.
Note 2: Aerosols do not fall additionally within the scope of flammable
gases, gases under pressure, flammable liquids, or flammable solids.
However, depending on their contents, aerosols may fall within the
scope of other hazard classes.
Note 3: Aerosols containing more than 1% flammable components or with a
heat of combustion of at least 20 kJ/g, which are not submitted to the
flammability classification procedures in this appendix shall be
classified as Category 1.
* * * * *
Table B.12.1--Criteria for Chemicals Which, in Contact With Water, Emit
Flammable Gases
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Category Criteria
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1............................ Any chemical which reacts vigorously with
water at ambient temperatures and
demonstrates generally a tendency for
the gas produced to ignite
spontaneously, or which reacts readily
with water at ambient temperatures such
that the rate of evolution of flammable
gas is equal to or greater than 10
liters per kilogram of chemical over any
one minute.
2............................ Any chemical which reacts readily with
water at ambient temperatures such that
the maximum rate of evolution of
flammable gas is equal to or greater
than 20 liters per kilogram of chemical
per hour, and which does not meet the
criteria for Category 1.
3............................ Any chemical which reacts slowly with
water at ambient temperatures such that
the maximum rate of evolution of
flammable gas is greater than 1 liter
per kilogram of chemical per hour, and
which does not meet the criteria for
Categories 1 and 2.
------------------------------------------------------------------------
Note: Classification of solid chemicals shall be based on tests
performed on the chemical as presented. If, for example, for the
purposes of supply or transport, the same chemical is to be presented
in a physical form different from that which was tested and which is
considered likely to materially alter its performance in a
classification test, classification must be based on testing of the
chemical in the new form.
* * * * *
Appendix C to Sec. 1910.1200--Allocation of Label Elements (Mandatory)
* * * * *
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[GRAPHIC] [TIFF OMITTED] TR09OC24.012
* * * * *
III. Authority and Signature
Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this document. It is
issued under the authority of sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 5 U.S.C. 553;
Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101-549,
reprinted at 29 U.S.C.A. 655 Note); Section 41, Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 941); Section 107, Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704); Section 1031, Housing
and Community Development Act of 1992 (42 U.S.C. 4853); Section 126,
Superfund Amendments and Reauthorization Act of 1986, as amended
(reprinted at 29 U.S.C.A. 655 Note); Secretary of Labor's Order No. 8-
2020 (85 FR 58393-94); and 29 CFR part 1911.
Signed at Washington, DC, on September 30, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-23144 Filed 10-8-24; 8:45 am]
BILLING CODE 4510-26-P
