Amendment to OSHA HazCom Standard Proposal

According OSHA, the Hazard Communication Standard proposed rule, published in the Federal Register on September 30, 2009, contained several errors — four in the preamble and four that appear in Appendix A: Table A.1.1, Table A.1.2, Table A.2.3, and Table A7.1.

The corrections made are:

• The “For further information contact” information has been corrected to read as follows:
  For general information and press inquiries, contact Jennifer Ashley, Office of Communications, Room N–3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1999.
  For technical information, contact Maureen Ruskin, Directorate of Standards and Guidance, Room N–3718, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1950.
• The net benefits OSHA expects that societal welfare will increase as a result of these standards has been changed from, over $500 million annually to over $700 million annually.
• The potential small entities affected by the proposal, based on the definitions of small entities developed by SBA for each industry, has been changed from 4,215,404 to 3,877,457.
• The estimated benefits from the proposed rule has been corrected to accurately reflect the $133 million decline annually. Originally, OSHA said that estimated benefits of the proposed rule would decline from $754 million to $610 million annually. The corrected numbers are $754 million to $621 million annually.

In Hazard Communication Standard Appendix A Table A.1.1: Acute toxicity hazard categories and acute toxicity estimate (ATE) values defining the respective categories have also been amended:

• In Appendix A, Table A.1.2: Conversion from experimentally obtained acute toxicity range values (or acute toxicity hazard categories) to acute toxicity point estimates for use in the formulas for the classification of mixtures has been corrected.
• In Appendix A, 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) has been corrected.
• In Appendix A, 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 has been corrected.
  

Caltha LLP provides specialized expertise to clients nationwide in the product responsibility, hazard communication, and risk management programs. For more information, go to:

Caltha Hazard Communication, Product Responsibility Consultant Services Webpage