Nov 16, 2015 - Enforcement discretion&hellips;use of HCS 1994 labelsNov 16, 2015 - Enforcement&hellips;use of HCS 1994 labels
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Title: 11/16/2015 - Enforcement discretion for distributors on limited continued use of HCS 1994 labels
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov
OSHA is mindful of the complexity and scale of the changes required of manufacturers, importers and distributors as they take actions to comply with the HCS 2012. The Agency continues to believe that the Hazard Communication standard as currently designed is necessary for the long-term safety of downstream consumers.
As the NACD is aware, OSHA issued on February 9, 2015, an interim enforcement memorandum which explained that in situations where a manufacturer or importer of mixtures cannot comply with the June 1, 2015 effective date despite its reasonably diligent and good faith efforts, and a distributor is consequently unable to comply with the December 1, 2015 effective date, enforcement discretion would allow for limited continued use of HCS 1994-compliant MSDSs and labels. This enforcement discretion applies in the limited circumstances where a covered entity exercised reasonable diligence and good faith efforts and is able to demonstrate those efforts through documentation.
The May 29th memorandum broadened the Agency's enforcement discretion to address manufacturers, importers, and distributors other than those engaged in formulating mixtures. The May 29th memorandum included enforcement guidance for a distributor in a supply chain that blends, mixes, and/or packages hazardouschemicals. Under the HCS 2012, these types of distributor businesses are considered to be manufacturers, and thus, the guidance discussed within the February 9th and May 29th interim memoranda for manufacturers and importers applies to them as well.
As you are aware, OSHA issued the revised Hazard Communication compliance directive on July 20, 2015, and the February 9th and May 29th memoranda have been incorporated into it to ensure uniform field enforcement. The directive is available on OSHA's website at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf.* [Note: Our thoroughly hyperlinked version is far more readable.]
Thank you for your interest in occupational safety and health. We appreciate the NACD bringing the concerns of their members to OSHA's attention, and hope you find this additional information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov.