ISSA has urged OSHA to issue more specific enforcement guidance in light of the Agency’s decision to decline industry’s petition to extend the HazCom 2012 GHS compliance deadlines by 2 years.

An industry coalition of several prominent trade associations, including ISSA, petitioned OSHA in mid-August 2014 to grant a two year extension of the June 1, 2015 deadline for GHS compliant labels and SDSs for manufacturers and distributors of formulated chemical products such as general purpose cleaners or bathroom cleaners.  The industry coalition requested the extension of the deadline to allow formulators sufficient time to gather and review information from raw material suppliers, which in turn is critical to developing accurate and compliant GHS SDSs and labels.

In denying industry’s request to extend the deadlines, OSHA noted that the Agency could better address industry’s concerns about meeting the June 1, 2015 effective date by being flexible in its enforcement policy.  Specifically, Dr. Michaels indicated that OSHA would direct its compliance staff to use its enforcement discretion in considering whether formulators and manufacturers have “…performed their due diligence and made good faith efforts to obtain necessary information to comply with the June 1, 2015 deadline.”  If they have exercised due diligence and acted in good faith, OSHA will not penalize the companies for non-compliant GHS SDSs and labels.

While industry appreciates OSHA’s enforcement flexibility it seeks greater certainty and predictability in the law.  Therefore, ISSA and other industry trades requested OSHA to provide more specific guidance related to its enforcement of compliance with the GHS revisions in Nov. 2014.  However, to date, OSHA has not yet officially responded

Given that the June 1, 2015 deadline is just a few short months away, ISSA and the other industry trades urged OSHA to issue a formal response as soon as possible.

OSHA’s response to our request for a more formal interpretation of the key terms such as “reasonable diligence,” “good faith efforts,” and “reasonable time to update labels” will provide valuable guidance to ISSA members, help ensure their compliance with HazCom 2012, and provide OSHA enforcement personnel with more specific and uniform guidance.