Response: OSHA has received suggestions to allow blank pictograms with words inside the unused red frame along the lines of "no GHS label" or "Intentionally blank." OSHA does not consider this to be compliant with HCS 2012 because it would contribute to clutter on the product label and distract from the primary message. OSHA previously explained this in a letter of interpretation to Ms. Jennifer Gibson, dated April 23, 2015 (see enclosed).

Response: Yes, as long as the container's new label is not easily removed or falls off showing the previous label, and as long as it completely covers the original label so that there is no confusion by the reader.

Response: Manufacturers are responsible for the June 1, 2015, effective date, regardless of whether they ship products to a distributor or directly to an end-user. OSHA recognizes that some manufacturers and importers may be unable to create updated SDSs for mixtures because they have not received the necessary information from upstream suppliers. In this circumstance, OSHA will use its enforcement discretion to evaluate whether the manufacturer or importer has performed due diligence and made good faith efforts to obtain the necessary information to comply with the June 1, 2015 effective date. Manufacturers and importers should therefore document all efforts to alternatively obtain the required information, such as attempts to contact their supplier to obtain the proper information; reasonable efforts to find alternate suppliers who could provide timely and accurate classifications; and reasonable efforts to find relevant data themselves. Where the manufacturer or importer provides sufficient documentation of these efforts, OSHA will, on a case-by-case basis, exercise enforcement discretion to not cite the manufacturer or importer for not having HCS 2012-compliant SDSs.

On July 20, 2015, OSHA issued the revised Hazard Communication 2012 directive, CPL 02-02-079. The revised directive includes guidance on hazard classification, and updates the requirements for labeling and for safety data sheets (SDSs). The Instruction also provides guidance to compliance safety and health officers on how to enforce the revised Hazard Communication standard during its transition period and when fully implemented. The revised HCS 2012 directive titled Inspection Procedures for the Hazard Communication Standard (HCS 2012) can be found at http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf.^* [Note: Our thoroughly hyperlinked version is far more readable.]

Response: HCS 2012 requires the following, per paragraph 1910.1200(f)(11): Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within six months of becoming aware of the new information, and shall ensure that labels on containers of hazardous chemicals shipped after that time contain the new information. If the chemical is not currently produced or imported, the chemical manufacturer, importer, distributor, or employer shall add the information to the label before the chemical is shipped or introduced into the workplace again."

Paragraph (f)(11) does not require labels that are already in the stream of commerce and not in the control of the manufacturer, importer, or distributor to be revised based on new hazard information. Rather, it requires the manufacturer or importer to update the labels and ensure that all future shipments of the chemical include the updated label. However, a distributor or employer may request updated labels from the manufacturer or importer to ensure that it has all the information concerning the chemical.

However, if an employer (end-user) otherwise becomes aware of new information about a chemical hazard in the workplace, this new information must be communicated to workers within six months.