HazCom GHS Preamble Section

C. OMB Review Under the Paperwork Reduction Act of 1995
The proposed modifications to the Hazard Communication Standard would revise
existing Hazard Communication collection of information (paperwork) requirements that
are currently approved by the Office of Management and Budget ("OMB") under the
Paperwork Reduction Act of 1995 ("PRA-95"), 44 U.S.C. 3501 et seq., and OMB's
regulations at 5 CFR part 1320. The Paperwork Reduction Act defines "collection of
information" as "the obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public of facts or opinions by or for an agency regardless
of form or format." (44 U.S.C. 3502(3)(A)). OSHA has submitted the proposed revised
Hazard Communication collection of information requirements identified in this NPRM
to the OMB for review in accordance with 44 U.S.C. 3507(d).
As part of its continuing effort to reduce paperwork and respondent burden, the
Department of Labor conducts a preclearance consultation program to provide the
general public and Federal agencies with an opportunity to comment on proposed and
continuing collections of information in accordance with the PRA-95 (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired format, reporting
burden (time and costs) is minimal, collections instruments are clearly understood, and
OSHA’s estimate of burden is accurate. The Department notes that a Federal agency
cannot conduct or sponsor a collection of information unless it is approved by OMB
under the PRA, and displays a currently valid OMB control number, and the public is not
required to respond to a collection of information unless it displays a currently valid
OMB control number. Also, notwithstanding any other provisions of law, no person shall
be subject to penalty for failing to comply with a collection of information if the

collection of information does not display a currently valid OMB control number. OSHA
will publish a notice of OMB's action at the final rule stage.
OSHA solicits comments on the modified collection of information
requirements and the estimated burden hours associated with these collections, including
comments on the following:
o Whether the proposed collection of information requirements are
necessary for the proper performance of the Agency's functions, including
whether the information is useful;
o The accuracy of OSHA's estimate of the burden (time and cost) of the
information collection requirements, including the validity of the
methodology and assumptions used;
o The quality, utility, and clarity of the information collected; and
o Ways to minimize the burden on employers who must comply, for
example, by using automated or other technological techniques for
collecting and transmitting information.
The title, description of the need for and proposed use of the information,
description of the respondents, and frequency of response of the information collections
are described below, along with an estimate of the annual reporting burden and cost as
required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2).
Title: Proposed Changes to the Hazard Communications Standard (Globally
Harmonized System of Classification and Labeling of Chemicals (GHS))
Description and Proposed Use of the Collections of Information: The proposed
Standard would modify existing information collection requirements that are currently

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approved under OMB Control Number 1218-0072 (Expiration Date: October 2009).
OSHA has submitted the proposed modification of the Hazard Communication Standard
to OMB and has requested a new OMB control number addressing the proposed
modification. OSHA will maintain OMB approval of the existing collections of
information contained in the Hazard Communication Standard, under OMB Control
Number 1218-0072.
The proposed revisions to the OSHA Hazard Communication Standard would
standardize the hazard communication requirements for products used in U.S.
workplaces, and thus provide employees with consistent hazard communication
information. Hazard communication is currently addressed by many different
international, national, and State authorities. These existing requirements are not always
consistent and often contain different definitions of hazards and varying provisions for
what information is required on labels and safety data sheets. The proposed revisions
would harmonize the U.S. system with international norms and therefore would facilitate
international trade. The proposed modifications to the Standard’s collection of
information requirements include: (1) revised criteria for classification of chemical
hazards; (2) revised labeling provisions that include requirements for use of standardized
signal words, pictograms, hazard statements, and precautionary statements; (3) a
specified format for safety data sheets; and (4) related revisions to definitions of terms
used in the Standard and to requirements for employee training on labels and safety data
sheets.
Paragraph (d), “hazard classification,” requires chemical manufacturers and
importers to evaluate chemicals produced in their workplaces or imported by them to

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classify their health and physical hazards in accordance with the Standard. For each
chemical, the chemical manufacturer or importer must determine the hazard classes, and
the category of each class, that apply to the chemical being classified. Employers are not
required to classify chemicals unless they choose not to rely on the classification
performed by the chemical manufacturer or importer for the chemical. Chemical
manufacturers, importers or employers classifying chemicals must identify and consider
the full range of available scientific literature and other evidence concerning the potential
hazards. There is no requirement to test the chemical to determine how to classify its
hazards. Mandatory Appendix A to §1910.1200 shall be consulted for classification of
health hazards, and Mandatory Appendix B to §1910.1200 shall be consulted for the
classification of physical hazards.
For mixtures, chemical manufacturers, importers, or employers evaluating
chemicals must follow the procedures described in Appendixes A and B to §1910.1200 to
classify the hazards of the chemicals, including determinations regarding when mixtures
of the classified chemicals are covered by the Standard. A chemical manufacturer or
importer of a mixture is responsible for the accuracy of the classification of the mixture
even when relying on the classifications for individual ingredients received from the
ingredient manufacturers or importers on the safety data sheets.

Paragraph (f) modifies existing label requirements by requiring more specific
information. Paragraph (f)(1) requires chemical manufacturers, importers, or distributors
to ensure that each shipped container of classified hazardous chemicals leaving the
workplace is labeled, tagged, or marked with the following information:

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(i) Product identifier;

(ii) Signal word;

(iii) Hazard statement(s);

(iv) Pictogram(s);

(v) Precautionary statement(s);

(vi) Name, address, and telephone number of the chemical manufacturer,
importer, or other responsible party; and

(vii) Supplemental information as appropriate

Information provided under (i) through (v) above must be in accordance with
mandatory Appendix C, Allocation of Label Elements, for each hazard class and
associated hazard category for the hazardous chemical; prominently displayed; and in
English (other languages may also be included if appropriate). In addition, the
information in (ii) through (iv) must be located together on the label, tag, or mark.

For containers of hazardous chemicals that do not fall into one of the new hazard
classes, (f)(2) requires that the label include the name of the chemical, the name, address,
and telephone number of the manufacturer, importer, or other responsible party, and, as
supplementary information, a description of the unclassified hazards and appropriate
precautionary measures to ensure the safe handling and use of the chemical.

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For labels in the workplace, except as provided in paragraphs (f)(8) and (f)(9) of
the Standard, employers must ensure that each container of hazardous chemicals in the
workplace is labeled, tagged, or marked with either (i) the information specified under
(f)(1)(i) through (v) for labels on shipped containers: or, (ii) product identifier and
words, pictures, symbols, or combination thereof, which provide at least general
information regarding the hazards of the chemicals, and which, in conjunction with the
other information immediately available to employees under the hazard communication
program, will provide employees with the specific information regarding the physical and
health hazards of the hazardous chemical.

OSHA is also proposing to update the language for workplace signs and labels to
incorporate the GHS hazard statement and the applicable precautionary statement(s),
where required. Most OSHA substance-specific heath standards require hazard warning
signs, usually for regulated areas, and the language required on the signs varies. With the
GHS revision, these standards retain the requirements for specific warning language for
specific signs; however, OSHA is proposing to modify the language to be compatible
with GHS and consistent throughout the OSHA standards. The GHS classification
process for a specific substance as proposed in this revision of the HCS will dictate the
hazard warnings and the precautionary statements that will be required on the new GHScompliant labels. OSHA believes that having signs and labels in the same formats and
containing identical warnings for the same health effects will make it far easier for
employers and employees to quickly recognize the hazard and the degree of danger of a
hazard, thus enhancing communication.

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The proposal modifies the requirements for signs and labels found in the
Agency’s health standards listed below. Since OSHA is providing specific language for
signs and for labels on containers of contaminated clothing, waste and debris, the Agency
is exempted from taking burden hours and costs for these provisions. (See 5 CFR
1320.2(c)(2) (“Controlling paperwork burden on the public”)). The Agency is taking
burden hours and costs for employers to label, tag, or mark each container of hazardous
chemicals with either (i) the information specified under (f)(1)(i) through (v) for labels on
shipped containers: or, (ii) product identifier and words, pictures, symbols, or
combination thereof, which provide at least general information regarding the hazards of
the chemicals.
General Industry
Asbestos 1910.1001

1218-0133

13 Carcinogens 1910.1003

1218-0085

Vinyl Chloride 1910.1017

1218-0010

Inorganic Arsenic 1910.1018

1218-0104

Lead 1910.1025

1218-0092

Chromium (VI) 1910.1026

1218-0252

Cadmium 1910.1027

1218-0185

Benzene 1910.1028

1218-0129

Coke Oven Emissions 1910.1029

1218-0128

Cotton Dust 1910.1043

1218-0061

1,2-dibromo-3-chloropropane 1910.1044

1218-0101

Acrylonitrile 1910.1045

1218-0126

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Ethylene Oxide 1910.1047

1218-0108

Formaldehyde 1910.1048

1218-0145

Methylenedianiline 1910.1050

1218-0184

1,3-Butadiene 1910.1051

1218-0170

Methylene Chloride 1910.1052

1218-0179

Hazard Communication 1910.1200

1218-0072

Construction Industry
Methylenedianiline 1926.60

1218-0183

Lead 1926.62

1218-0189

Asbestos 1926.1101

1218-0134

Chromium 1926.1126

1218-0252

Cadmiun 1926.1127

1218-0186

Paragraph (g)(2) requires the chemical manufacturer or importer preparing the
safety data sheet (SDS) to ensure that it is in English (although the employer may
maintain copies in other languages as well), and include the following section numbers
and headings, and associated information under each heading, in the order listed (see
Appendix D to §1910.1200--Safety Data Sheets, for the specific content of each section
of the safety data sheet).

(i) Section 1, Identification;

(ii) Section 2, Hazard(s) identification;

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(iii) Section 3, Composition/information on ingredients;

(iv) Section 4, First-aid measures;

(v) Section 5, Fire-fighting measures;

(vi) Section 6, Accidental release measures;

(vii) Section 7, Handling and storage;

(viii) Section 8, Exposure controls/personal protection;

(ix) Section 9, Physical and chemical properties;

(x) Section 10, Stability and reactivity;

(xi) Section 11, Toxicological information.

Note 1 to paragraph (g)(2): To be consistent with the GHS, an SDS must also
include the following headings in this order:

Section 12, Ecological information;

Section 13, Disposal considerations;

Section 14, Transport information; and

Section 15, Regulatory information.

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Note 2 to paragraph (g)(2): OSHA will not be enforcing information requirements
in sections 12 through 15, as these areas are not under its jurisdiction.

(xii) Section 16, Other information, including date of preparation or last revision.

Paragraph (g)(5) requires the chemical manufacturer, importer or employer
preparing the safety data sheet to ensure that the information provided accurately reflects
the scientific evidence used in making the hazard classification. If the chemical
manufacturer, importer or employer preparing the safety data sheet becomes newly aware
of any significant information regarding the hazards of a chemical, or ways to protect
against the hazards, this new information must be added to the safety data sheet within
three months. If the chemical is not currently being produced or imported, the chemical
manufacturer or importer must add the information to the safety data sheet before the
chemical is introduced into the workplace again.

Paragraph (g) (11) requires that employers ensure the safety data sheets are
readily available, upon request, to designated representatives, the Assistant Secretary, and
the Director, in accordance with the requirements of 29 CFR 1910.1020(e).

Affected Public: Business or other for-profit
Number of Respondents: 5.5 million establishments
Frequency: On Occasion
Average Time per Response: Time to convert Safety Data Sheets and labels to the new
system ranges from 7 hours for establishments having between 1 to 19 employees; to 3
hours for establishments having greater than 500 employees.

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Estimated Total Burden Hours: 2,125,414
Estimated Costs (Operation and Maintenance): $32,055,258
Submitting comments. Members of the public who wish to comment on the
paperwork requirements in this proposal should send their written comments to the Office
of Information and Regulatory Affairs, Office of Management and Budget, Room
10235, New Executive Office Building, Washington, DC 20503; Attn: OSHA Desk
Officer (RIN 1218-AC20). . The Agency encourages commenters also to submit their
comments on these paperwork requirements to the rulemaking docket, along with their
comments on other parts of the proposed rule. Comments may be submitted by using the
Federal eRulemaking portal at http://www.regulations.gov. Comments and submissions
are posted without change; therefore OSHA cautions commenters about submitting
personal information such as social security numbers and date of birth. Information on
using the http://www.regulations.gov website to submit comments and access the docket
is available at the website’s “User Tips” link. For instructions on submitting these
comments to the rulemaking docket, see the sections of this Federal Register notice titled
DATES and ADDRESSES.
Docket and inquiries. To access the docket in order to read or download
comments and other materials related to this paperwork determination, including the
complete Information Collection Request (ICR) (containing the Supporting Statement
(describing the paperwork determinations in detail) and attachments), use the procedures
described under the section of this notice titled ADDRESSES. To make inquiries, or to
request other information, contact Mr. Todd Owen, Directorate of Standards and

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Guidance, OSHA, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone (202) 693-2222.

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