[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81829-81836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23144]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2019-0001]
RIN 1218-AC93


Hazard Communication Standard

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correction and technical amendment.

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SUMMARY: OSHA is correcting several inadvertent errors in its Hazard 
Communication Standard (HCS) which were published in the Federal 
Register on May 20, 2024. The agency has identified several errors in 
the regulatory text and appendices to the HCS which pertain to the 
classification of hazardous chemicals and information presented on 
labels and Safety Data Sheets (SDSs). The agency believes these errors, 
although minor and primarily typographical in nature, should be 
addressed expeditiously to avoid confusion or unnecessary costs in the 
regulated community due to incorporation of errors on labels and SDSs. 
OSHA is continuing its review of the regulatory text and will issue 
another correction document to address additional minor errors at a 
later date.

DATES: October 9, 2024.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of 
Communications, U.S. Department of Labor; telephone: (202) 693-1999; 
email: <a href="/cdn-cgi/l/email-protection#b9d4dcd0d5d0d7dedccb97dfcbd8d7dad0ca8bf9ddd6d597ded6cf"><span class="__cf_email__" data-cfemail="0d6068646164636a687f236b7f6c636e647e3f4d696261236a627b">[email protected]</span></a>.
    For general and technical information: Tiffany DeFoe, Director, 
Office of Chemical Hazards, Metals, Directorate of Standards and 
Guidance, OSHA, Room N-3718, U.S. Department of Labor, 200 Constitution 
Avenue NW, Washington, DC 20210; email <a href="/cdn-cgi/l/email-protection#95f1f0f3faf0bbe1fcf3f3f4fbecd5f1faf9bbf2fae3"><span class="__cf_email__" data-cfemail="513534373e347f25383737303f2811353e3d7f363e27">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Overview

    On May 20, 2024, OSHA published a final rule updating and revising 
its Hazard Communication Standard (HCS) (89 FR 44144). The final rule 
became effective on July 19, 2024. This document corrects several minor 
errors in the final rule. The errors addressed by this correction occur 
in Sec.  1910.1200, paragraphs (d) and (f) of the regulatory text and 
in appendices A, B, and C. These corrections reflect the agency's 
intent for the provisions of the final rule as explained in the 
preamble to the final rule. Some of these corrections are explained in 
the following discussion, and the table provided at the end of this 
section summarizes all the corrections included in this notice.
    Two of the corrections are to the regulatory text. First, OSHA 
inadvertently mis-numbered portions of paragraph (d) in the final rule, 
resulting in erroneous cross-references in other areas of the standard 
(e.g., paragraph (f)(1) and appendix D, table D.-1). As shown in OSHA's 
references to paragraph (d) in the preamble to the final rule, the 
final economic analysis, and cross references in the regulatory text 
and appendix D, OSHA intended paragraphs (d)(1)(i)(A) and (d)(1)(i)(B) 
to be designated (d)(1)(i) and (d)(1)(ii), respectively (see, e.g., 89 
FR 44278). To ensure that the regulatory text is clear and consistent 
with the agency's intent, OSHA is rearranging and renumbering paragraph 
(d)(1) by incorporating the text currently designated as (d)(1)(ii) 
into (d)(1) and renumbering the provisions currently designated as 
(d)(1)(i)(A) and (d)(1)(i)(B) to (d)(1)(i) and (d)(1)(ii), 
respectively.
    Second, a phrase regarding transmission of labels by electronic or 
other technological means was inadvertently included in paragraph 
(f)(11). As OSHA's discussion in the preamble of the final rule shows 
(89 FR 44293), the agency did not intend to include this phrase in 
paragraph (f)(11) and is therefore removing it.
    The remainder of the errors corrected in this document are in the 
appendices. For instance, in appendix B, the contents of table B.13.1 
were inadvertently placed as table B.12.1. OSHA only intended to change 
table B.12.1 as described in the preamble to the final rule (89 FR 
44236). Therefore, the agency is correcting the text of table B.12.1 to 
align with what it proposed and stated it was finalizing in the 
preamble.
    Additionally, OSHA inadvertently inserted hazard statements for 
aerosols instead of hazard statements for chemical under pressure in 
appendix C, table C.4.16. Therefore, OSHA is updating the label 
elements in C.4.16, Chemical Under Pressure, to conform with the GHS, 
Rev. 8, consistent with the agency's discussion of its intent to add 
the hazard communication elements for chemical under pressure (under 
the aerosol hazard class) in the summary and explanation to the final 
rule (89 FR 44323-44324). OSHA is also removing extra slashes that were 
inadvertently inserted in the prevention column of that table.

Correction Summary

    The following table contains a summary of the corrections being 
made to the Hazard Communication Standard. The changes are listed by 
the paragraph or appendix they are located in.

------------------------------------------------------------------------
             Standard                 Correction or technical amendment
------------------------------------------------------------------------
Sec.   1910.1200, paragraph (d)(1)  Change paragraph (d)(1)(i) to
                                     paragraph (d)(1) and incorporate
                                     (d)(1)(ii) into (d)(1); renumber
                                     (d)(1)(i)(A) to be (d)(1)(i) and
                                     (d)(1)(i)(B) to be (d)(1)(ii).
Sec.   1910.1200, paragraph         Remove the words ``either'' and
 (f)(11)(i).                         ``or, with the agreement of the
                                     receiving entity, transmit the
                                     labels by electronic or other
                                     technological means'' in the last
                                     phrase of (f)(11)(i).
Sec.   1910.1200, appendix A,       Dermal Category 1 value of ``<=5''
 table A.1.1.                        is corrected to read ``<=50''.
Sec.   1910.1200, appendix A,       Change the symbol before the 10% in
 A.1.3.6.2.4.                        the second sentence of A.1.3.6.2.4
                                     from <= (less than or equal to) to
                                     > (greater than).

[[Page 81830]]

 
Sec.   1910.1200, appendix A,       Rename the table to ``Skin irritant
 table A.2.2.                        category'' and reinsert phrase
                                     ``least 2 animals, particularly
                                     taking into account alopecia
                                     (limited area), hyperkeratosis,
                                     hyperplasia . . .'' into the
                                     paragraph.
Sec.   1910.1200, appendix A,       Reinsert phrase ``data are available
 table A.2.3.                        and'' into ``Where data are
                                     available and the sub-categories of
                                     skin . . .'' in the text of the
                                     note to the table.
Sec.   1910.1200, appendix A,       Category 1, Category 2, and
 table A.7.1.                        additional category for effects on
                                     or via lactation reproductive
                                     toxicity values of ``>=0.01%'' are
                                     corrected to read ``>=0.1%.''
Sec.   1910.1200, appendix B,       Add ``or'' after the first condition
 table B.3.1.                        under category 3, to read ``(1) The
                                     chemical does not meet the criteria
                                     for Categories 1 and 2; or''.
Sec.   1910.1200, appendix B,       Replace table with the prior version
 table B.12.1.                       of table B.12.1 apart from also
                                     removing ``equal to or'' from
                                     Category 3.
Sec.   1910.1200, appendix C,       Remove ``/'' in all locations in
 C.4.16.                             prevention column of all C.4.16
                                     tables.
                                    Replace the tables for Chemical
                                     Under Pressure in C.4.16 to align
                                     with GHS Revision 8 hazard
                                     statements. For Category 1, revise
                                     hazard statement to read:
                                     ``Extremely flammable chemical
                                     under pressure. May explode if
                                     heated.''
                                    For Category 2, revise hazard
                                     statement to read: ``Flammable
                                     chemical under pressure. May
                                     explode if heated.'' For Category
                                     3, revise hazard statement to read:
                                     ``Chemical under pressure: may
                                     explode if heated.''
------------------------------------------------------------------------

II. Exemption From Notice-and-Comment Procedures

    OSHA has determined that these corrections are not subject to the 
procedures for public notice and comment specified in section 4 of the 
Administrative Procedures Act (5 U.S.C. 553) or section 6(b) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This 
rulemaking only corrects errors of a minor, mainly typographical nature 
and makes a few technical amendments that do not affect or change any 
existing rights or obligations, and no stakeholder is likely to object 
to these changes. Therefore, OSHA has determined that there is good 
cause that public notice and comment are unnecessary within the meaning 
of 5 U.S.C. 553(b)(4)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5. For the 
same reasons, the Agency finds good cause under 5 U.S.C. 553(d)(3) to 
make the amendment effective upon publication.

List of Subjects in 29 CFR Part 1910

    Chemicals, Diseases, Explosives, Flammable materials, Gases, 
Hazardous substances, Incorporation by reference, Labeling, 
Occupational safety and health, Safety, Signs and symbols.
    Accordingly, 29 CFR part 1910 is corrected by making the following 
correcting amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

0
1. Add authority citation for part 1910 to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), 1-2012 (77 FR 3912), or 08-2020 (85 FR 58393); 29 CFR part 
1911; and 5 U.S.C. 553, as applicable.


0
2. Amend Sec.  1910.1200 as follows:
0
a. Revise and republish paragraphs (d)(1) and (f)(11)(i);
0
b. In appendix A, revise and republish table A.1.1, paragraph 
A.1.3.6.2.4, table A.2.2, table A.2.3 and table A.7.1;
0
c. In appendix B, revise and republish table B.3.1 and table B.12.1; 
and
0
d. In appendix C, revise and republish table C.4.16;
    The revisions read as follows:


Sec.  1910.1200  Hazard communication.

* * * * *
    (d)(1) Chemical manufacturers and importers shall evaluate 
chemicals produced in their workplaces or imported by them to classify 
the chemicals in accordance with this section. 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 to satisfy this paragraph (d)(1). For each chemical, the 
chemical manufacturer or importer shall determine the hazard classes, 
and where appropriate, the category of each class that apply to the 
chemical being classified. The hazard classification shall include any 
hazards associated with the chemical's intrinsic properties including:
    (i) A change in the chemical's physical form; and
    (ii) Chemical reaction products associated with known or reasonably 
anticipated uses or applications.
* * * * *
    (f) * * *
    (11) Label updates. (i) 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. For 
chemicals that have been released for shipment and are awaiting future 
distribution, chemical manufacturers, importers, distributors, or 
employers have the option not to relabel those containers; however, if 
they do not relabel the containers, they must provide the updated label 
for each individual container with each shipment.
* * * * *

Appendix A to Sec.  1910.1200--Health Hazard Criteria (Mandatory)

* * * * *

       Table A.1.1--Acute Toxicity Estimate (ATE) Values and Criteria for Acute Toxicity Hazard Categories
----------------------------------------------------------------------------------------------------------------
          Exposure route               Category 1         Category 2         Category 3          Category 4
----------------------------------------------------------------------------------------------------------------
Oral (mg/kg bodyweight)                     ATE <= 5       >5 ATE <= 50     >50 ATE <= 300      >300 ATE <= 2000
    see: Note (a)
    Note (b)
Dermal (mg/kg bodyweight)                  ATE <= 50     >50 ATE <= 200   >200 ATE <= 1000     >1000 ATE <= 2000
    see: Note (a)

[[Page 81831]]

 
    Note (b)
Inhalation--Gases (ppmV)                  ATE <= 100    >100 ATE <= 500   >500 ATE <= 2500    >2500 ATE <= 20000
    see: Note (a)
    Note (b)
    Note (c)
Inhalation--Vapors (mg/l)                 ATE <= 0.5    >0.5 ATE <= 2.0   >2.0 ATE <= 10.0     >10.0 ATE <= 20.0
    see: Note (a)
    Note (b)
    Note (c)
    Note (d)
Inhalation -Dusts and Mists (mg/         ATE <= 0.05   >0.05 ATE <= 0.5    >0.5 ATE <= 1.0       >1.0 ATE <= 5.0
 l)
    see: Note (a)
    Note (b)
    Note (c)
----------------------------------------------------------------------------------------------------------------
Note: Gas concentrations are expressed in parts per million per volume (ppmV).
Notes to table A.1.1:
(a) The acute toxicity estimate (ATE) for the classification of a substance is derived using the LD50/LC50 where
  available;
(b) The acute toxicity estimate (ATE) for the classification of a substance or ingredient in a mixture is
  derived using:
 (i) the LD50/LC50 where available. Otherwise,
 (ii) the appropriate conversion value from table 1.2 that relates to the results of a range test, or
 (iii) the appropriate conversion value from table 1.2 that relates to a classification category;
(c) Inhalation cut-off values in the table are based on 4 hour testing exposures. Conversion of existing
  inhalation toxicity data which has been generated according to 1 hour exposure is achieved by dividing by a
  factor of 2 for gases and vapors and 4 for dusts and mists;
(d) For some substances the test atmosphere will be a vapor which consists of a combination of liquid and
  gaseous phases. For other substances the test atmosphere may consist of a vapor which is nearly all the
  gaseous phase. In these latter cases, classification is based on ppmV as follows: Category 1 (100 ppmV),
  Category 2 (500 ppmV), Category 3 (2500 ppmV), Category 4 (20000 ppmV).
The terms ``dust'', ``mist'' and ``vapor'' are defined as follows:
 (i) Dust: solid particles of a substance or mixture suspended in a gas (usually air);
 (ii) Mist: liquid droplets of a substance or mixture suspended in a gas (usually air);
 (iii) Vapor: the gaseous form of a substance or mixture released from its liquid or solid state.

* * * * *
    A.1.3.6.2.4 If the total concentration of the relevant 
ingredient(s) with unknown acute toxicity is <=10% then the formula 
presented in A.1.3.6.1 must be used. If the total concentration of the 
relevant ingredient(s) with unknown acute toxicity is >10%, the formula 
presented in A.1.3.6.1 is corrected to adjust for the percentage of the 
unknown ingredient(s) as follows:
[GRAPHIC] [TIFF OMITTED] TR09OC24.008

* * * * *

                Table A.2.2--Skin Irritation Category \a\
------------------------------------------------------------------------
                                                  Criteria
------------------------------------------------------------------------
Irritant (Category 2).............  (1) Mean score of >=2.3 <= 4.0 for
                                     erythema/eschar or for edema in at
                                     least 2 of 3 tested animals from
                                     grading at 24, 48, and 72 hours
                                     after patch removal or, if
                                     reactions are delayed, from grades
                                     on 3 consecutive days after the
                                     onset of skin reactions; or
                                    (2) Inflammation that persists to
                                     the end of the observation period
                                     normally 14 days in a least 2
                                     animals, particularly taking into
                                     account alopecia (limited area),
                                     hyperkeratosis, hyperplasia, and
                                     scaling; or
                                    (3) In some cases where there is
                                     pronounced variability of response
                                     among animals, with very
                                     distinctive positive effects
                                     related to chemical exposure in a
                                     single animal but less than the
                                     criteria above.
------------------------------------------------------------------------
\a\ Grading criteria are understood as described in OECD Test Guideline
  404.

* * * * *

  Table A.2.3--Concentration of Ingredients of a Mixture Classified as
Skin Category 1 or 2 That Would Trigger Classification of the Mixture as
                   Hazardous to Skin (Category 1 or 2)
------------------------------------------------------------------------
                                          Concentration triggering
                                       classification of a mixture as:
                                   -------------------------------------
 Sum of ingredients classified as:    Skin corrosive     Skin irritant
                                   -------------------------------------
                                        Category 1         Category 2
------------------------------------------------------------------------
Skin Category 1...................               >=5%       >=1% but <5%
Skin Category 2...................  .................              >=10%

[[Page 81832]]

 
(10 x Skin Category 1) + Skin       .................              >=10%
 Category 2.......................
------------------------------------------------------------------------
Note: Where data are available and the sub-categories of skin Category 1
  (corrosive) are used, the sum of all ingredients of a mixture
  classified as sub-category 1A, 1B or 1C respectively, must each be
  >=5% in order to classify the mixture as either skin sub-category 1A,
  1B or 1C. Where the sum of 1A ingredients is <5% but the sum of 1A+1B
  ingredients is >=5%, the mixture must be classified as sub-category
  1B. Similarly, where the sum of 1A + 1B ingredients is <5% but the sum
  of 1A + 1B + 1C ingredients is >=5% the mixture must be classified as
  sub-category 1C. Where at least one relevant ingredient in a mixture
  is classified as Category 1 without sub-categorization, the mixture
  must be classified as Category 1 without sub-categorization if the sum
  of all ingredients corrosive to skin is >=5%.

* * * * *

     Table A.7.1--Cut-Off Values/Concentration Limits of Ingredients of a Mixture Classified as Reproductive
             Toxicants or for Effects on or via Lactation That Trigger Classification of the Mixture
----------------------------------------------------------------------------------------------------------------
                                                                  Cut-off values/concentration limits triggering
                                                                          classification of a mixture as:
                                                                 -----------------------------------------------
                   Ingredients classified as:                                                       Additional
                                                                    Category 1      Category 2     category for
                                                                   reproductive    reproductive    effects on or
                                                                     toxicant        toxicant      via lactation
----------------------------------------------------------------------------------------------------------------
Category 1 reproductive toxicant................................          >=0.1%  ..............  ..............
Category 2 reproductive toxicant................................  ..............          >=0.1%  ..............
Additional category for effects on or via lactation.............  ..............  ..............          >=0.1%
----------------------------------------------------------------------------------------------------------------

* * * * *

Appendix B to Sec.  1910.1200--Physical Hazard Criteria (Mandatory)

* * * * *

                   Table B.3.1--Criteria for Aerosols
------------------------------------------------------------------------
           Category                             Criteria
------------------------------------------------------------------------
1............................  Contains >=85% flammable components and
                                the chemical heat of combustion is >=30
                                kJ/g; or
                               For spray aerosols, in the ignition
                                distance test, ignition occurs at a
                                distance >=75 cm (29.5 in), or
                               For foam aerosols, in the aerosol foam
                                flammability test
                               The flame height is >=20 cm (7.87 in) and
                                the flame duration >=2 s; or
                               The flame height is >=4 cm (1.57 in) and
                                the flame duration >=7 s.
2............................  Contains >1% flammable components, or the
                                heat of combustion is >=20 kJ/g; and for
                                spray aerosols, in the ignition distance
                                test, ignition occurs at a distance >=15
                                cm (5.9 in), or in the enclosed space
                                ignition test, the
                               Time equivalent is <=300 s/m\3\; or
                               Deflagration density is <=300 g/m\3\.
                               For foam aerosols, in the aerosol foam
                                flammability test, the flame height is
                                >=4 cm and the flame duration is >=2 s
                                and it does not meet the criteria for
                                Category 1.
3............................  (1) The chemical does not meet the
                                criteria for Categories 1 and 2; or
                               (2) The chemical contains <=1% flammable
                                components (by mass) and has a heat of
                                combustion <20 kJ/g.
------------------------------------------------------------------------
Note 1: Flammable components do not include pyrophoric, self-heating or
  water-reactive chemicals.
Note 2: Aerosols do not fall additionally within the scope of flammable
  gases, gases under pressure, flammable liquids, or flammable solids.
  However, depending on their contents, aerosols may fall within the
  scope of other hazard classes.
Note 3: Aerosols containing more than 1% flammable components or with a
  heat of combustion of at least 20 kJ/g, which are not submitted to the
  flammability classification procedures in this appendix shall be
  classified as Category 1.

* * * * *

 Table B.12.1--Criteria for Chemicals Which, in Contact With Water, Emit
                             Flammable Gases
------------------------------------------------------------------------
           Category                             Criteria
------------------------------------------------------------------------
1............................  Any chemical which reacts vigorously with
                                water at ambient temperatures and
                                demonstrates generally a tendency for
                                the gas produced to ignite
                                spontaneously, or which reacts readily
                                with water at ambient temperatures such
                                that the rate of evolution of flammable
                                gas is equal to or greater than 10
                                liters per kilogram of chemical over any
                                one minute.

[[Page 81833]]

 
2............................  Any chemical which reacts readily with
                                water at ambient temperatures such that
                                the maximum rate of evolution of
                                flammable gas is equal to or greater
                                than 20 liters per kilogram of chemical
                                per hour, and which does not meet the
                                criteria for Category 1.
3............................  Any chemical which reacts slowly with
                                water at ambient temperatures such that
                                the maximum rate of evolution of
                                flammable gas is greater than 1 liter
                                per kilogram of chemical per hour, and
                                which does not meet the criteria for
                                Categories 1 and 2.
------------------------------------------------------------------------
Note: Classification of solid chemicals shall be based on tests
  performed on the chemical as presented. If, for example, for the
  purposes of supply or transport, the same chemical is to be presented
  in a physical form different from that which was tested and which is
  considered likely to materially alter its performance in a
  classification test, classification must be based on testing of the
  chemical in the new form.

* * * * *

Appendix C to Sec.  1910.1200--Allocation of Label Elements (Mandatory)

* * * * *
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[[Page 81834]]


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[[Page 81835]]


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[[Page 81836]]


[GRAPHIC] [TIFF OMITTED] TR09OC24.012

* * * * *

III. Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this document. It is 
issued under the authority of sections 4, 6, and 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 5 U.S.C. 553; 
Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101-549, 
reprinted at 29 U.S.C.A. 655 Note); Section 41, Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 941); Section 107, Contract Work 
Hours and Safety Standards Act (40 U.S.C. 3704); Section 1031, Housing 
and Community Development Act of 1992 (42 U.S.C. 4853); Section 126, 
Superfund Amendments and Reauthorization Act of 1986, as amended 
(reprinted at 29 U.S.C.A. 655 Note); Secretary of Labor's Order No. 8-
2020 (85 FR 58393-94); and 29 CFR part 1911.

    Signed at Washington, DC, on September 30, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-23144 Filed 10-8-24; 8:45 am]
BILLING CODE 4510-26-P


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