Response: The HCS 2012 gave manufacturers and importers of hazardous chemicals (including businesses that repackage) until June 1, 2015 to label shipped containers with HCS 2012-compliant labels. See 29 CFR § 1910.1200(j)(2). As you are aware, OSHA is using its enforcement discretion to allow manufacturers or importers with existing stock packaged (e.g., boxed, palletized, shrink-wrapped, etc.) for shipment prior to June 1, 2015, to continue to ship those containers downstream provided that the containers are HCS 1994-compliant labeled. In these limited instances, there is no requirement to re-label containers that have already been packaged for shipment with HCS 1994-compliant labels. However, the manufacturer or importer must provide HCS 2012-compliant labels for each and every individual container and the appropriate HCS 2012-compliant SDS(s) with each shipment.

Any hazardous chemical container that is packaged for shipment after June 1, 2015 must have an HCS 2012-compliant label on it prior to shipping. However, if after June 1, 2015, the manufacturer or importer can demonstrate that it exercised reasonable diligence and good faith efforts to obtain hazard classification information from upstream suppliers but for circumstances beyond their control they received the necessary information to develop HCS 2012-compliant SDSs and labels later than June 1, 2015, they may continue to ship containers downstream provided the containers are HCS 1994-compliant labeled. The standard requires an HCS 1994-compliant MSDS or HCS 2012-compliant SDS be provided as appropriate to downstream users with each shipment.

Even though a manufacturer or importer may have built up a substantial inventory, overtime, containers of hazardous chemicals that were packaged for shipment prior to June 1, 2015 should become less of a labeling burden to manufacturers and importers as inventory is depleted. Therefore, all containers of hazardous chemicals shipped by a manufacturer or importer must be HCS-2012 compliant labeled by June 1, 2017.

With regard to distributors, the HCS 2012 permits distributors to continue to ship chemicals with HCS 1994 labels until December 1, 2015. See 29 C.F.R. §1910.1200(j)(2)(i). We are mindful that due to potential delays in compliance on the part of manufacturers and importers, some distributors may have difficulty depleting their existing stock of HCS 1994-labeled hazardous chemicals by the December 1, 2015 deadline. Again, using OSHA's enforcement discretion, after December 1, 2015, distributors may ship existing stock packaged (e.g., boxed, palletized, shrink-wrapped, etc.) for shipment if the immediate container label is HCS 1994-compliant. As described in the case with manufacturers and importers, in these limited instances, there is no requirement to re-label containers that have already been packaged for shipment with HCS 1994-compliant labels. Distributors must, however, provide a HCS 2012-compliant label for each and every individual container shipped and the appropriate HCS 2012-compliant SDS(s) after December 1, 2015 or upon request unless they can demonstrate reasonable diligence and good faith efforts that they have not received HCS 2012-compliant labels and SDSs from the manufacturer or importer. The OSHA clarification in the compliance directive offers an additional two-year period, i.e., until December 1, 2017, for distributors to ship products with HCS 1994 labels. Distributors must provide HCS 2012-compliant SDSs to downstream users with the first shipment after a new or revised SDS is provided by the manufacturer or importer.

Response: Although your recent correspondences and discussions suggest a different approach to determining the length of the labeling accommodation for manufacturers, importers and distributors, OSHA believes the above offered timeframes is a reasonable accommodation to the requirements in paragraphs (j)(2) and (j)(2)(i) to comply by June 1, 2015 and December 1, 2015, respectively. OSHA believes that this amount of time is reasonable, and that most manufacturers, importers, and distributors will be able to avoid relabeling chemicals that were packaged for shipment before June 1, 2015.

Response: The manufacturer or importer must provide a label for each and every individual container, but only one HCS 2012-compliant SDS per hazardous chemical.

Response: Per CPL 02-02-079, the Agency has offered relief by exercising enforcement discretion that permits distributers to continue shipping existing stock until December 1, 2017. In order to fulfill the purpose of HCS 2012 to provide adequate and consistent information to employers and employees who use hazardous chemicals, manufacturers, importers, and distributors must fully comply with the new labeling and SDS requirements.

To address your concerns regarding re-labeling existing stock with HCS 2012-compliant labels where feasible, any potential hazards (e.g., hand injury to workers from removing labels and relabeling) could be mitigated by conducting a thorough hazard assessment, as required by 29 CFR 1910.132(d), and then providing the type(s) of personal protective equipment that will protect workers from the hazards identified (e.g., hand protection). The hazards, as you described, that are associated with manual lifting can be lessened by developing and instituting an ergonomic lifting program. The National Institute for Occupational Safety and Health (NIOSH) published a document titled Ergonomic Solutions for Retailers. This NIOSH publication focuses on the grocery sector, but the easy-to-read format can be adapted to other scenarios, including for those working in warehousing and storage facilities.