Code Corner

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doi:10.1016/j.jchas.2009.11.014

OSHA Standards and the GloballyHarmonized System (GHS) ofClassification and Labeling ofChemicals

Readers of this column may remember that inmy January 2009 column I commented on theGlobally Harmonized System (GHS) of Clas-sification and Labeling of Chemicals.

For a comprehensive review of GHS, see theUnited Nations Economic Commission forEurope GHS website at http://www.unece.org/trans/danger/public/ghs_welco-me_e.html.

The intent of GHS is to have a global hazardclassification and compatible labeling system,including material safety data sheets. To date,some 65 countries are in some way evaluatingor adopting the proposal.

In the United States, the Occupational Safetyand Health Administration (OSHA) publisheda comparison of the OSHA Hazcom standardto the GHS standard and issued a notice ofproposed rule-making in September 2006. Theproposed rule has now been issued for publiccomment.

It was published in the September 2009 Fed-eral Register, is 271 pages long, and there ismuch economic impact data it may have on thenation’s business. See website: http://edocke-t.access.gpo.gov/2009/pdf/E9-22483.pdf.

On many of your campuses, your principalinvestigators are procuring chemicals from allover the world and in many cases, shippingchemicals all over the world. Many of ourU.S. universities are multinational. For exam-ple, NC State has campuses in the UnitedStates, one proposed for South Korea andanother existing campus in Czechoslovakia.

While existing health, safety and environ-mental laws or regulations are similar inthe countries in which we operate or proposeto operate, their differences are significantenough to result in different labels andMSDS’s for the same product in differentcountries. The definitions of hazards arevariable among countries and a chemicalmay be considered flammable in one country,but not another. It may be considered to causecancer in one country, but not another. Deci-sions on when or how to communicatehazards on a label and MSDS vary aroundthe world, and those wishing to be involved in

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international operations must have expertswho can follow the changes in these lawsand regulations and interpret different labelsand MSDS’s.

Given the reality of the global presence ofmany of our institutions, it behooves us tosupport the newly issued proposal. GHS will:

(a) E

cal H

nhance the protection of human healthand the environment by providing an inter-nationally comprehensible system forhazard communication;

(b) p

rovide a recognized framework for thosecountries without an existing system;

(c) r

educe the need for testing and evaluationof chemicals; and

(d) fa

cilitate international trade in chemicalswhose hazards have been properlyassessed and identified on an internationalbasis.

Changes specified in the September 2009Federal Register related to various OSHA Stan-dards, include the following:

Page 127 (50405)Update most definitions in § 1910.1450,

occupational exposure to hazardous chemicalsin laboratories, to maintain compatibility withthe modified HCS; and change the name mate-rial safety data sheets to safety data sheets andrequire information on them to be compliantwith GHS in content, format and order.

Page 137 (50415)OSHA is proposing to modify most defini-

tions in § 1910.1450, occupational exposure tohazardous chemicals in laboratories (thelaboratory standard), in order to maintaincompatibility with HCS. This is consistentwith the goal of this rulemaking and the ori-ginal intent of the laboratory standard.OSHA explained in the preamble to thelaboratory standard the importance of havingthe HCS and the laboratory standard bothuse the same definitions for hazardouschemicals.

The term ‘‘hazardous chemical’’ used inthis final rule relies on the definition of‘‘health hazard’’ found in the OSHA Hazard

ealth and Safety of the American Chemical Society 35Elsevier Inc. All rights reserved.

Communication Standard. As dis-cussed in the scope and applicationsection above, commenters urgedOSHA to maintain consistency in termsbetween the Hazard CommunicationStandard and this final standard sincelaboratories are subject to both regula-tions (55 FR 3315 January 31, 1990).

There is one exception in the labora-tory standard and that is the definitionof ‘‘select carcinogens’’ (§1910.1450(b)). In this rulemaking,OSHA is proposing to maintain thecurrent definition of ‘‘select carcino-gens’’ in the laboratory standardsince the original purpose of the stan-dard was to deviate from the HCSdefinition and narrow the scope ofthe standard. As noted in the pream-ble, the scope was set for ‘‘select car-cinogens’’ based on the small, oftenminute, quantities of substanceshandled. OSHA stated its reasons forthis deviation in the preamble to thefinal rule and those reasons remainpersuasive.

This final rule, however, modifies thecarcinogen definition and the obliga-tory action so that special provisionsmust be explicitly considered by theemployer, but need only be implemen-ted when the employer deems themappropriate on the basis of the specificconditions existing in his/her labora-tory. Moreover, the term, ‘‘carcinogen’’has been replaced by ‘‘select carcino-gen’’ which covers a narrower range ofsubstances * * * (55 FR 3315 January31, 1990).

OSHA is also proposing to changethe name of the ‘‘material safety datasheets’’ for the substance specificstandards to ‘‘safety data sheets.’’ Asdiscussed above, this change isbeing proposed to reflect the GHSterminology.

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Page 264 (50542)Amend § 1910.1450 as follows:

A. R

emove the definitions of Combus-tible liquid, Compressed gas,Explosive, Flammable, Flashpoint,Organic peroxide, Oxidizer,Unstable (reactive), and Water-reactive from paragraph (b).

B. R

evise the definitions of Hazar-dous chemical, Physical hazard,and Reproductive toxins in para-graph (b).

C. A

dd definitions of Health hazardand Mutagen in alphabetical orderin paragraph (b).

D. A

mend paragraphs (f)(3)(v), (h)(1),(h)(1)(ii) and (h)(2)(iii) by remov-ing the phrase ‘‘material safety datasheets’’ and inserting the phrase‘‘safety data sheets’’ in its place.

The revisions and additions read asfollows:

§ 1910.1450 Occupational expo-sure to hazardous chemicals inlaboratories.

(b) * * *Hazardous chemical means any che-

mical that is defined as a hazardouschemical in accordance with theHazard Communication Standard(29 CFR 1910.1200). Appendices Aand B of the Hazard CommunicationStandard provide criteria for classifica-tion of health hazards and physicalhazards.

Health hazard means a chemicalthat is classified as posing one of thefollowing hazardous effects: acutetoxicity (any route of exposure); skincorrosion or irritation; serious eyedamage or eye irritation; respiratoryor skin sensitization; germ cell muta-genicity; carcinogenity; reproductivetoxicity; specific target organ toxicity

Journal of Che

(single or repeated exposure); oraspiration hazard. The criteria fordetermining whether a chemical isclassified as a health hazard aredetailed in Appendix A of the HazardCommunication Standard (29 CFR1910.1200).

Mutagen means chemicals thatcause permanent changes in theamount or structure of the geneticmaterial in a cell. Chemicals classifiedas mutagens in accordance with theHazard Communication Standard(29 CFR 1910.1200) shall be consid-ered mutagens for purposes of this sec-tion.

Physical hazard means a chemicalthat is classified as posing one of thefollowing hazardous effects: explosive;flammable (gases, aerosols, liquids, orsolids); oxidizer (liquid, solid, or gas);self-reactive; pyrophoric (liquid orsolid); self-heating; organic peroxide;corrosive to metal; gas under pressure;or in contact with water emits flam-mable gas. The criteria for determiningwhether a chemical is classified as aphysical hazard are in Appendix B ofthe Hazard Communication Standard(29 CFR 1910.1200).

Reproductive toxins means chemi-cals that affect the reproductive cap-abilities including adverse effects onsexual function and fertility in adultmales and females, as well as adverseeffects on the development of the off-spring. Chemicals classified as repro-ductive toxins in accordance with theHazard Communication Standard (29CFR 1910.1200) shall be consideredreproductive toxins for purposes of thissection.

I suggest you follow the actions of thisproposed rule as its passage will likelyrequire your campus to update some oftheir written compliance programs.

mical Health & Safety, May/June 2010