Will the OSHA Hazard Communication Standard be Impacted by the New Administration?

The following is a guest blog post by Barbara Lantry-Miller, Associate Consultant at Hazmat Safety Consulting. The information discusses potential developments with OSHA under the new administration, though actual outcomes are yet to be determined.   

Many in industry are wondering what executive orders will be rolled back from the previous administration and what the new appointee to the Department of Labor will be focused on when he gains Senate approval.  Here is what we know:
On February 11, 2025, David Keeling was appointed by President Trump as Assistant Secretary of Labor for Occupational Safety and Health to lead OSHA.  Keeling, with extensive experience in occupational safety, is expected to adopt a pro-employer stance.  His appointment was received and referred to the Senate Committee for Health, Education, Labor, and Pensions and is awaiting confirmation.
Recently the U.S. Department of Labor announced additional leadership changes at the Occupational Safety and Health Administration (OSHA), including Deputy Assistant Secretary Amanda Wood Laihow serving as the Acting Assistant Secretary of Labor for Occupational Safety and Health. 

HCS 2024

OSHA published the amendment to the Hazard Communication Standard on May 20, 2024 (HCS 2024).  It became effective on July 19, 2024.  The purpose of the amendment was to conform to the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily Revision 7, and to address issues that arose during the implementation of the 2012 update to the HCS and provide better alignment with other U.S. agencies and international trading partners, while enhancing the effectiveness of the standard.

Will HCS 2024 be overturned?

We can expect the repeal of some rules finalized toward the end of the Biden administration through the Congressional Review Act (CRA) based on the lookback period which starts when Congress adjourns. A quick review of the CRA Exploratory Dashboard confirms that (at this point), HCS 2024 is not a CRA target. As the rule was published in May, it is unlikely that it will become one in the future.  

Will there be changes to HCS 2024 as written?

As we know, even our finest efforts sometimes result in mistakes. Since the final rule was published in the Federal Register, OSHA’s Directorate of Standards and Guidance has received input from stakeholders indicating that there were some small clarifications needed in the rule. OSHA has welcomed this input from industry and made minor corrections on October 9, 2024.  For more information on the nature of the changes: https://www.federalregister.gov/documents/2024/10/09/2024-23144/hazard-communication-standard

In addition, many stakeholders were happy to see better alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  

When should we expect more clarity on what’s happening at OSHA?

I think that OSHA’s leadership is keeping a very low profile and likely will continue to be silent until Keeling’s confirmation. My hunch says it may not happen until May or June. 

Should my company wait to comply?

My recommendation is do not wait. It is important that you meet the deadline to update labels and SDSs for substances (January 19, 2026) for your workers as well as your downstream users who will incorporate your substance into their mixtures. They have an additional six months (July 20, 2026) to update their SDSs and labels and will rely heavily on your updated SDS.  

Additionally, I have heard that enforcement is working on an update to the CPL 02-02-079 Inspection Procedures for the Hazard Communication Standard (HCS 2012) to reflect HCS 2024 changes. This document could be a good audit tool for individual companies to measure themselves against before OSHA walks in the door.  

As a reminder, here are the compliance deadlines:

In summary, protect your workforce because it is the right thing to do.  Ultimately, we all want to return home safely to our families and friends.

Barbara Lantry-Miller, Associate Consultant
Hazmat Safety Consulting