II

109TH CONGRESS 

1ST SESSION S. 2067 

To assist chemical manufacturers and importers in preparing material safety 

data sheets pursuant to the requirements of the Hazard Communication 

standard and to establish a Commission to study and make recommendations regarding the implementation of the Globally Harmonized System 

of Classification and Labeling of Chemicals. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. ENZI (for himself, Mrs. MURRAY, Mr. ISAKSON, Mr. BURR, Mr. SESSIONS, and Mr. GREGG) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To assist chemical manufacturers and importers in preparing 

material safety data sheets pursuant to the requirements 

of the Hazard Communication standard and to establish 

a Commission to study and make recommendations regarding the implementation of the Globally Harmonized 

System of Classification and Labeling of Chemicals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘HazCom Simplification 

5 and Modernization Act of 2005’’. 
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•S 2067 IS 

1 SEC. 2. PURPOSE. 

2 It is the purpose of this Act to assist chemical manu3 facturers and importers in preparing material safety data 

4 sheets pursuant to the requirements of the Hazard Com5 munication standard published at section 1910.1200 of 

6 title 29, Code of Federal Regulations, and the Hazard 

7 Communication standard published at part 47 of title 30, 

8 Code of Federal Regulations, and to improve the accuracy, 

9 consistency, and comprehensibility of such material safety 

10 data sheets and to establish a Commission for the purpose 

11 of studying and making recommendations regarding the 

12 implementation of the United Nations’ Globally Har13 monized System of Classification and Labeling of Chemi14 cals. 

15 SEC. 3. HAZARD COMMUNICATION. 

16 (a) IN GENERAL.— 

17 (1) MODEL MATERIAL SAFETY DATA SHEETS

18 FOR HIGHLY HAZARDOUS CHEMICALS.—The Sec19 retary of Labor shall develop model material safety 

20 data sheets for the list of highly hazardous chemi21 cals contained in Appendix A to the Process Safety 

22 Management of Highly Hazardous Chemicals stand23 ard published at section 1910.119 of title 29, Code 

24 of Federal Regulations. Such model material safety 

25 data sheets shall— 
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1 (A) comply with the requirements of the 

2 Hazard Communication standard published at 

3 section 1910.100 of such title 29 and the Haz4 ard Communication standard published at part 

5 47 of title 30, Code of Federal Regulations; 

6 (B) be presented in a consistent format 

7 that enhances the reliability and comprehen8 sibility of information about chemical hazards 

9 in the workplace and protective measures; and 

10 (C) be made available to the public, includ11 ing through posting on the Occupational Safety 

12 and Health Administration’s website and the 

13 Mine Safety and Health Administration’s 

14 website, within 18 months after the date of en15 actment of this Act. 

16 (2) CONSTRUCTION.—Nothing in this sub17 section shall be construed to— 

18 (A) modify or amend the Hazard Commu19 nication standard published at section 

20 1910.1200 of title 29, Code of Federal Regula21 tions, the Process Safety Management of High22 ly Hazardous Chemicals standard published at 

23 section 1910.119 of such title 29, the Hazard 

24 Communication standard published at part 47 
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1 of title 30, Code of Federal Regulations, or any 

2 other provision of law; and 

3 (B) authorize the Secretary of Labor to in4 clude in the model material safety data sheet 

5 developed under this subsection any suggestion 

6 or recommendation as to permissible or appro7 priate workplace exposure levels for these 

8 chemicals, except as required by the Hazard 

9 Communication standard published at section 

10 1910.1200 of such title 29, and the Hazard 

11 Communication standard published at part 47 

12 of title 30, Code of Federal Regulations. 

13 (3) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the De15 partment of Labor such sums as may be necessary 

16 to carry out this subsection. 

17 (b) GLOBALLY HARMONIZED SYSTEM COMMIS18 SION.— 

19 (1) ESTABLISHMENT.—Not later than 6 

20 months after the date of enactment of this Act, 

21 there shall be established a commission, to be known 

22 as the Global Harmonization Commission (referred 

23 to in this subsection as the ‘‘Commission’’), to con24 sider the implementation of the United Nations 

25 Globally Harmonized System of Classification and 
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1 Labeling of Chemicals to improve chemical hazard 

2 communication and to make recommendations to 

3 Congress. 

4 (2) MEMBERSHIP.—The Commission shall be 

5 composed of 17 members of whom— 

6 (A) 1 shall be the Secretary of Labor (re7 ferred to in this Act as the ‘‘Secretary’’); 

8 (B) 1 shall be the Secretary of Transpor9 tation; 

10 (C) 1 shall be the Secretary of Health and 

11 Human Services; 

12 (D) 1 shall be the Administrator of the 

13 Environmental Protection Agency; 

14 (E) 1 shall be the Chairman of the Con15 sumer Product Safety Commission; 

16 (F) 1 shall be the Chairman of the Chem17 ical Safety and Hazard Investigation Board (or 

18 his or her designee); 

19 (F) 11 shall be appointed by the Secretary 

20 of Labor, of whom— 

21 (i) 2 shall be representatives of manu22 facturers of hazardous chemicals, including 

23 a representative of small businesses; 

24 (ii) 2 shall be representatives of em25 ployers who are extensive users of haz-
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1 ardous chemicals supplied by others, in2 cluding a representative of small busi3 nesses; 

4 (iii) 2 shall be representatives of labor 

5 organizations; 

6 (iv) 2 shall be individuals who are 

7 qualified in an occupational health or safe8 ty field by an organization whose program 

9 has been accredited by a nationally recog10 nized private accreditation organization or 

11 by the Secretary, who have expertise in 

12 chemical hazard communications; 

13 (v) 1 shall be a representative of min14 ing industry employers; 

15 (vi) 1 shall be a representative of min16 ing industry employees; and 

17 (vii) 1 shall be a safety and health 

18 professional with expertise in mining. 

19 (3) CHAIR AND VICE-CHAIR.—The members of 

20 the Commission shall select a chair and vice-chair 

21 from among its members. 

22 (4) DUTIES.— 

23 (A) STUDY AND RECOMMENDATIONS.— 

24 The Commission shall conduct a thorough study 

25 of, and shall develop recommendations on, the 
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1 following issues relating to the global harmoni2 zation of hazardous chemical communication: 

3 (i) Whether the United States should 

4 adopt any or all of the elements of the 

5 United Nation’s Globally Harmonized Sys6 tem of Classification and Labeling of 

7 Chemicals (referred to in this subsection 

8 and the ‘‘Globally Harmonized System’’). 

9 (ii) How the Globally Harmonized 

10 System should be implemented by the Fed11 eral agencies with relevant jurisdiction, 

12 taking into consideration the role of the 

13 States acting under delegated authority. 

14 (iii) How the Globally Harmonized 

15 System compares to existing chemical haz16 ard communication laws and regulations, 

17 including the Hazard Communication 

18 standard published at section 1910.1200 of 

19 title 29, Code of Federal Regulations and 

20 the Hazard Communication standard pub21 lished at part 47 of title 30, Code of Fed22 eral Regulations. 

23 (iv) The impact of adopting the Glob24 ally Harmonized System on the consist25 ency, effectiveness, comprehensiveness, 
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1 timing, accuracy, and comprehensibility of 

2 chemical hazard communication in the 

3 United States. 

4 (v) The impact of adopting the Glob5 ally Harmonized System on occupational 

6 safety and health in the United States. 

7 (vi) The impact of adopting the Glob8 ally Harmonized System on tort, insur9 ance, and workers compensation laws in 

10 the United States. 

11 (vii) The impact of adopting the Glob12 ally Harmonized System on the ability to 

13 bring new products to the market in the 

14 United States. 

15 (viii) The cost and benefits of adopt16 ing the Globally Harmonized System to 

17 businesses, including small businesses, in 

18 the United States. 

19 (ix) How effective compliance assist20 ance, training, and outreach can be used to 

21 help chemical manufacturers, importers, 

22 and users, particularly small businesses, 

23 understand and comply with the Globally 

24 Harmonized System. 
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1 (B) REPORT.—Not later than 18 months 

2 after the date of enactment of this Act, the 

3 Commission shall submit to the appropriate 

4 committees of Congress a report containing a 

5 detailed statement of the findings and conclu6 sions of the Commission, together with its rec7 ommendations for such legislation as the Com8 mission considers appropriate. 

9 (5) POWERS.— 

10 (A) HEARINGS.—The Commission shall 

11 hold at least one public hearing, and may hold 

12 additional hearings, sit and act at such times 

13 and places, take such testimony, and receive 

14 such evidence as the Commission considers ad15 visable to carry out this section. The Commis16 sion shall, to the maximum extent possible, use 

17 existing data and research to carry out this sec18 tion. 

19 (B) INFORMATION FROM FEDERAL AGEN20 CIES.—The Commission may secure directly 

21 from any Federal department or agency such 

22 information as the Commission considers nec23 essary to carry out this section. Upon request 

24 by the Commission, the head of such depart-
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1 ment or agency shall promptly furnish such in2 formation to the Commission. 

3 (C) POSTAL SERVICES.—The Commission 

4 may use the United States mails in the same 

5 manner and under the same conditions as other 

6 departments and agencies of the Federal Gov7 ernment. 

8 (6) PERSONNEL MATTERS.— 

9 (A) COMPENSATION; TRAVEL EXPENSES.— 

10 Each member of the Commission shall serve 

11 without compensation but shall be allowed trav12 el expenses, including per diem in lieu of sub13 sistence, at rates authorized for employees of 

14 agencies under subchapter I of chapter 57 of 

15 title 5, United States Code, while away from 

16 their homes or regular places of business in the 

17 performance of services for the Commission. 

18 (B) STAFF AND EQUIPMENT.—The De19 partment of the Labor shall provide all finan20 cial, administrative, and staffing requirements 

21 for the Commission including— 

22 (i) office space; 

23 (ii) furnishings; and 

24 (iii) equipment. 
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1 (7) TERMINATION.—The Commission shall ter2 minate on the date that is 90 days after the date on 

3 which the Commission submits the report required 

4 under paragraph (3)(B). 

5 (8) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to the De7 partment of Labor, such sums as may be necessary 

8 to carry out this subsection. 

9 (c) HAZARD COMMUNICATION DEMONSTRATION

10 PROJECTS.— 

11 (1) IN GENERAL.—Section 20(a) of the Act (29 

12 U.S.C. 670(a)) is amended by adding at the end the 

13 following: 

14 ‘‘(8) Subject to the availability of appropriations, the 

15 Secretary, after consultation with others, as appropriate, 

16 shall award grants to one or more qualified applicants in 

17 order to carry out a demonstration project to develop, im18 plement, or evaluate strategies or programs to improve 

19 chemical hazard communication in the workplace through 

20 the use of technology, which may include electronic or 

21 Internet-based hazard communication systems.’’. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 
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1 as may be necessary to carry out the amendment 

2 made by paragraph (1). 

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