A Recap of OSHA’s HazCom 2024 Webinar: Follow-up Q&A

A Recap of OSHA’s HazCom 2024 Webinar: Follow-up Q&A

At CHEMTREC, we are committed to helping organizations navigate the ever-evolving regulatory landscape with confidence. During our recent OSHA HazCom Webinar, attendees submitted a variety of thoughtful and practical questions regarding Hazard Communication requirements, Safety Data Sheets (SDSs), classification challenges, and compliance expectations. Whether you attended the webinar or are seeking additional guidance, we hope these insights help you strengthen your understanding of OSHA HazCom 2024 requirements and support your organization's compliance efforts.

CHEMTREC believes the information listed below is accurate as of the date of publication. However, CHEMTREC does not warrant the accuracy of the information, and information should be independently verified before it is relied upon. Individual facts and circumstances regarding particular products and scenarios could impact the answers provided.

1. How does the change in form relate to the paint industry? Those chemicals are liquid and have certain hazards in that canned form but become much less hazardous in the dried film unless sand blasted off.

Considering the HCS 2024 update, paint manufacturers should review the updated hazard classes and categories to ensure that there are no changes in the classification of their products. If there are no additional hazards in the dried film, then the SDS author does not need to add any additional information. If there are additional hazards due to the paint being in the dried form when the paint is sandblasted off, the paint manufacturer should add this to the label and SDS (section 2). However, OSHA allows for the classifier to add additional information on when the hazard would occur on the label and SDS. (OSHA LOI on combustible dust labeling from the 2012 implementation (Application of OSHA's Amended Hazard Communication Standard (HCS 2012) to Combustible Dust (1910.1200))) addresses this issue.

2. The test for burning rate of desensitized explosives requires over 1000 kilograms of material. For companies manufacturing lab-scale products, is there any accommodation for assigning categories without that testing (e.g., using the transport classification)?

OSHA does not require testing under the HCS. So, if the manufacturer has information (e.g. using transport classifications or data from a similar product) that is applicable to the HCS hazard classification process, then this information can be used for classification purposes.

3. Regarding the new concentration ranges: Do they only apply if a trade secret has been registered for this substance or mixture?

Yes, the use of the new prescribed concentration ranges is only required when claiming a trade secret for concentration ranges. However, OSHA does not require that the substance or mixture be “registered” as a trade secret. The manufacturer/importer makes the determination if there is a trade secret. However, OSHA provides a definition of trade secret in Appendix E of the standard: A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.

4. We are updating our on-site SDSs from other companies, but sometimes it is not clear if it is the new format or not. Is there an easy way to tell? Some note they follow the new HCS 2024, but some don’t. Some companies don’t even seem to know about these new changes.

It may be difficult at this time to discern if the SDS is up to date. First, there is no obligation for a manufacturer to indicate which version of the HCS they are following. Additionally, OSHA does not require SDS preparers to date their SDS. The timing for manufacturers to update their label or SDS is May 26, 2026 for substances and November 19, 2027 for mixtures. Additionally, the manufacturer does not need to proactively send their customers updated SDSs until the customer’s next shipment. Therefore, it may be difficult for a downstream user to know if the SDS is following HCS 2012 or HCS 2024.

The overall format between HCS 2012 and HCS 2024 has not changed – the SDS is still 16 sections and in most cases the classifications will also be similar if not the same. The areas that have the most notable changes are two new hazard categories: chemicals under pressure and desensitized explosives. The chemicals exhibiting these hazards may or may not have been classified under other hazards under HCS 2012. OSHA has also updated a few requirements on the SDS to ensure better consistency and flexibility on the SDS such as section 2 to better delineate hazards of the chemical versus hazards that are created under normal conditions of use which include a chemical reaction, the use of prescribed ranges for claiming the percentage of a constituent as a trade secret and an update to section 9 physical and chemical properties.

5. If we are not creating the SDS and it is from a supplier from overseas, are we still required to add our US address?

Yes, if you are receiving the material directly from the overseas manufacturer, you are required to put your address on the SDS. In this scenario you have become the importer of the chemical. The updated directive directly addresses this issue on page 59 (CPL-02-02-079_0.pdf).

Additionally, since you are the importer, you are also obligated to ensure that the classification follows the HCS. For example there are some notable differences between the EU adoption of the GHS and the US for example the EU only adopted categories 1-3 for flammable liquids, and the US has adopted all 4 categories.

6. To clarify, if a mixture does not have any PEL or TLV limits, PPE does not have to be listed out in section 8 anymore?

NO – while the requirement to disclose PEL or TLVs and PPE information fall under the same section of the SDS (Section 8), each subheading must be addressed separately on the SDS. Therefore, the obligation to provide the PEL or TLV limits is a separate obligation from the need to provide information for PPE. Regardless of whether or not there are PELs or TLVs for the substance or mixture components the SDS must address individual protection measures, such as PPE for the substance or mixture (subheading (c)).

7. What concentration ranges are considered acceptable when the concentration to be disclosed does not remain constant and no trade secret claim has been submitted?

Concentration ranges are allowed when not claiming a trade secret under certain circumstances, when there is batch to batch variability and for a group of substantially similar mixtures (as per A.0.5.1.2). The directive states if concentration ranges are used, the range must be based on the information available to the classifier, such as analysis results, product specifications, or nature of the process, and the high end of the range reported may not affect the reported hazard classification.

8. How can a trade secret be submitted?

OSHA does not require the manufacturer or importer to submit their trade secret to OSHA. The manufacturer/importer makes the determination if there is a trade secret and indicates on the SDS that the information has been withheld as a trade secret. OSHA defines trade secret under Appendix E of the HCS: A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.

9. If the component is not classified as hazardous, there is generally no obligation to list it in the safety data sheet. However, if it is voluntarily disclosed, the question arises to what extent concentration ranges can be selected. Would stating >97% or <2% be acceptable?

You are correct that there is no obligation to create an SDS if the chemical is not hazardous as defined by the HCS. Therefore, OSHA’s standard does not apply, while it would be helpful to be as consistent as possible for the downstream users, you can use concentration ranges that best fit your purpose.

10. Regarding the ranges: First range (A) 0.1% to 1.0% – what about constituents that may occur at levels as low as 0.01%? Are these rounded up or disregarded?

There is no general obligation to disclose constituents below 0.01% unless the constituent contributes to the hazards of the chemical. Therefore, the constituent does not necessarily need to be disclosed on the SDS. However, if the constituent needs to be disclosed and the concentration range falls below 0.1%, then you cannot claim the concentration range as a trade secret. You may still claim the chemical name as a trade secret.

11. Are these SDS updates consistent with what is published in ERG distributed by US DOT PHMSA?

In general, yes, the classifications for the HCS do not affect DOT classifications and markings. The ERG references the GHS, which the HCS is now aligned with. The ERG provides guidance on how to provide labels where the container is both the shipped container and the container in the workplace. This guidance is compatible with OSHA’s standard. The ERG does provide a crosswalk table of pictograms and their associated hazards. This crosswalk appears not to include the new hazard classes required under the HCS 2024 but is otherwise correct.

CHEMTREC would like to thank everyone who participated in the webinar and contributed their questions and perspectives. Engaging discussions like these help foster a stronger understanding of hazard communication requirements and promote safer workplaces across industries.

For additional guidance on SDS authoring, hazard classification, regulatory compliance, or SDS Management Solutions, please click here to learn how we can support your organization's compliance goals. Stay connected with us for future webinars, industry insights, and regulatory updates!