On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The HCS requires employers to provide information to their employees about the […]
On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
The HCS requires employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard-communication program, labels and other forms of warning, safety data sheets (SDSs), and information and training, also known as the “right-to-know” regulation.
The amended rule (1) revises criteria for classification of certain health and physical hazards; (2) revises provisions for updating labels; (3) provides new labeling provisions for small containers; and (4) provides new provisions related to trade secrets and technical amendments related to the contents of SDSs, including requiring a specified 16-section format for SDSs. The updated standard makes changes to help ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on SDSs. Employers who use chemical products that have SDSs will also have to update their training and chemical hazard communication programs for workers.
While the regulation goes into effect on July 19, 2024, OSHA is giving chemical manufacturers, importers, and distributors from Jan. 19, 2026 to July 19, 2027, to comply with the new rules, depending on if they are evaluating substances or mixtures.
Employers using products covered under the standard must update their HazCom programs, labeling and employee training by July 20, 2026, or Jan. 19, 2028 — again, depending on substances or mixtures. Until those dates, employers and chemical manufacturers, distributors and importers can comply with either the old or new standard — or both — during the transition period.
Michael D. Billok is a member (partner) in the Saratoga Springs and Albany offices of the Syracuse–based law firm of Bond, Schoeneck & King PLLC. Contact him at mbillok@bsk.com. Rebecca J. LaPoint is an associate attorney in Bond’s Albany office. She is a is a management-side labor and employment attorney, serving employers in all aspects of labor and employment law, including employment litigation and counseling. Contact LaPoint at rlapoint@bsk.com.
Michael D. Billok 
Rebecca J. Lapoint