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40 Pallet C e nt ral • July -Aug u st 2 0 24 Adele L. Abrams is an aorney and safety professional who represents companies in ligaon with OSHA and also provides safety training and consultaon. The Law Oce of Adele L. Abrams PC has three oces: Beltsville, MD; Denver, CO; and Charleton, WV. She may be reached at safety- law.com or 301-595-3520. !e new rule "aligns primarily" with the 7th Revision of the UN's Globally Harmonized System of Classication and Labelling of Chemicals. GHS is a series of building blocks and is advisory (not mandatory) at an international level, allowing companies to pick and choose the elements from a particular GHS revision that they formally adopt. In addition to requiring labels on small packaging to be more comprehensive and readable, it also alters the old rule to better ensure that trade secrets protections no longer prevent workers and rst responders from receiving critical hazard information on the mandated SDSs, which must be stored on site or electronically available for all covered chemicals and commercial products that are used or stored on site. For bulk shipments, OSHA has harmonized the labeling requirements with DOT and simplies the "dual labeling requirements" for regulated entities. !e rule also claries that warehousing operation employees do not have to open sealed pallets and boxes of containers to relabel them or repackage products in preprinted bags. Employers must still maintain a chemical inventory list, as they did under the old rule, but they should be mindful that labels will be changing due to reclassication of chemical hazards under this rule. !erefore, some information on the inventory will require updates; new SDSs are likely to be received from the upstream chemical or product manufacturers, wholesalers, and distributors; and additional worker training on any changes will be needed (and should be documented). In some cases, NWPCA members who are engaged in distribution may have additional obligations. OSHA describes its revised hazard classication process as "clearer" and able to provide more complete and accurate information on labels and SDSs, as well as updated physical hazard classes—which impact explosives, aerosols, and chemicals under pressure—and updated precautionary statements on safe handling, storage, and disposal of hazardous chemicals. While waiting for the new rule to take eect, remember that this is one of the go-to rules for citations during OSHA inspections that either are conducted under the warehousing or PSM National Emphasis Programs, pursuant to an employee hazard complaint (e.g., not having HazCom info or protections when using bleach, solvents, or other chemicals) or during wall-to-wall inspections that include paperwork review. Here, in descending order, are the most cited sections of the current rule: 1910.1200(e)(1) Employers shall develop, implement and maintain at each workplace a written hazard communication program that at least describes how the criteria specied in paragraphs (f ), (g) and (h) of this section for labels and other forms of warning, Safety Data Sheets, and employee information and training will be met. – 1,136 citations in F Y 2023 1910.1200(h)(1) Employers shall provide employees with eective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., ammability, carcinogenicity) or specic chemicals. Chemical-specic information must always be available through labels and Safety Data Sheets. – 843 citations in F Y 2023 1910.1200(g)(8) !e employer shall maintain in the workplace copies of the required Safety Data Sheets for each hazardous chemical, and shall ensure they are readily accessible during each work shift to employees when they are in their work area(s). – 363 citations in F Y 2023 1910.1200(f)(6) Workplace labeling. Except as provided in paragraphs (f )(7) and (f )(8) of this section, the employer shall ensure each container of hazardous chemicals in the workplace is labeled, tagged or marked. – 315 citations in F Y 2023 1910.1200(g)(1) Chemical manufacturers and importers shall obtain or develop a Safety Data Sheet for each hazardous chemical they produce or import. Employers shall have a Safety Data Sheet in the workplace for each hazardous chemical which they use. – 252 citations in F Y 2023 OSHA penalties rose to a maximum of $161,323 in January 2024. !e penalties can be multiplied by the number of workers exposed to a hazard, so failure to implement an eective HazCom program, use appropriate PPE, have eye wash and other emergency rst aid available, or have current SDSs in an emergency can result in proposed penalties of over a million dollars. Now is the time to review the worksite's existing HazCom program, correct any deciencies, and start evaluating how the new rule will apply to your operations and employees.

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