USA - GHS Status

The U.S. Occupational Safety and Health Administration (OSHA) published its long-awaited update to its Hazard Communication Standard (HCS) on 20 May 2024, aligning it with the seventh revised edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS 7). The revised Regulation – codified at 29 CFR 1910.1200 and issued under Docket No. OSHA-2019-0001 - entered into force on 19 July 2024, introducing updated requirements for the classification, labelling and Safety Data Sheets (SDSs) of hazardous chemicals.

Manufacturers, importers, and distributors must comply with the new requirements by:

• 19 January 2026 for substances
• 19 July 2027 for mixtures.

Employers must also complete any necessary updates to the hazard communication program, alternative workplace labelling, and additional employee training for newly identified physical or health hazards resulting from the reclassification of substances and mixtures. These updates must be completed within 24 months of the effective date for substances and 42 months for mixtures.

Previously, OSHA revised the Hazard Communication Standard (29 CFR 1910.1200) (HAZCOM) in 2012 to align with the third revised edition of the GHS (GHS 3) in compliance with US workplace regulations. GHS 3 was implemented starting 1 June 2015 and remained in force until the 2024 update.

Local Adaptation of GHS

The following GHS building blocks from GHS 7 have not yet been implemented in the USA:

• Acute Toxicity, Category 5
• Skin Corrosion/Irritation, Category 3
• Aspiration Hazard, Category 2

GHS Labelling

According to the HCS standard, labels for hazardous chemicals must be prepared in accordance with the requirements of GHS 7. Labels must be written in English, although other languages may also be included. The following requirements apply:

• Labels must be legible.
• Manufacturers, importers, and distributors of chemicals must update the label within six months of becoming aware of any significant hazard information.
• Chemical manufacturers, importers, and distributors are required by the HCS to ensure that each container of hazardous chemicals leaving the workplace is marked, labelled, or otherwise identified with the following information:
  • Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.
  • Product identifier.
  • Signal word.
  • Hazard statement(s).
  • Precautionary statement(s).
  • Pictogram consisting of a red square frame set at a point with a black hazard symbol on a white background, sufficiently wide to be clearly visible. No specific minimum size is mandated for labels or pictograms under US regulations.

Labelling Updates under GHS 7:

The 2024 update to the HCS introduces introduced new labelling provision aligned with GHS 7, including for small containers:

• Labels for Small Containers: Specific labelling formats for small containers, such as pull-out labels, fold-back labels, or tag systems.

Hazard Not Otherwise Classified

The 2012 revision of the HCS introduced the concept of Hazard Not Otherwise Classified (HNOC) to identify hazards not covered by adopted GHS classes or those not adopted by OSHA (e.g. pyrophoric gases, simple asphyxiants, and combustible dust) [24]. OSHA defines HNOCs as health or physical hazards for which a hazard class exists in the standard, but whose effects fall below the classification thresholds or fall into a GHS category not adopted in the US.

There are no harmonised label elements for HNOCs. As such, HNOCs do not need to appear on a GHS label. No signal word or pictogram has been designated for HNOCs and none should be assigned. However, label preparers may include supplemental information about HNOC hazards, provided it does not contradict or undermine the required label information.

Safety Data Sheet

The Hazard Communication Standard 2012 requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDSs) for each hazardous chemical to downstream users to communicate information on these hazards. The SDS must comply with the format and content requirements established in the standard:

• Must comply with OSHA's minimum requirements, as outlined in Appendix D of the Hazard Communication Standard 2012 (29 CFR 1910.1200).
• Must be prepared in English by the chemical manufacturer or importer, under paragraph (g)(2), although the employer may also keep copies in other languages.
• Must contain the 16 standard sections.
• Sections 12-15 are not required by OSHA (as they fall outside its jurisdiction), but the sections must still be included for GHS alignment.
• Hazards Not Otherwise Classified (HNOC) must be included in Section 2.

Safety Data Sheet Updates under GHS 7:

The 2024 update to the HCS aligns with GHS 7 and introduces several changes to the SDS content and structure:

• Section 3: Addition of prescribed concentration ranges.
• Section 9: Adjustments to formatting, updated data requirements, including particle size as a new physicochemical characteristic.
• SDS Section 11: Addition of "interactive effects" and use of SAR/QSAR/read across.
• SDS Section 14: Subsection title changed to "Transport in bulk according to IMO instruments".

GHS in Work-Environment

GHS3 is implemented in the workplace since 2015 through the the revised Hazard Communication Standard (29 CFR 1910.1200) (HAZCOM). The HAZCOM Standard requires chemical manufacturers and importers to to evaluate the hazards of the chemicals they produce or import and prepare labels and safety data sheets to convey the hazard information to their downstream customers. Furthermore, all employers with hazardous chemicals in their workplaces are required to have labels and safety data sheets for their exposed workers and train them to handle the chemicals appropriately.

Recently in May 2024, OSHA updated HCS to bring provisions in line with the seventh revised edition of the GHS. To complete any necessary updates to the hazard communication program, alternative workplace labelling, and additional employee training for newly discovered physical or health hazards as a result of the evaluation of substances and mixtures; employers need to comply with these provisions for substances by 20 July 2026 and for mixtures by 19 January 2028.

GHS in Transport

National transport of dangerous goods in the US is regulated by the Hazardous Materials Regulations (Title 49 CFR Parts 100-15). The regulations applicable to the transport of dangerous goods have been updated to reflect the 20th revised edition of the UN Model Regulations.