Hazard Communication, GHS

Bergeson & Campbell, P.C. (B&C^®) offers comprehensive global services in responding to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The manufacture, transport, labeling, and distribution of chemicals are a global business that must be managed correctly to avoid mishaps and ensure compliance. In 1992, the United Nations (UN) recognized, at the Rio Earth Summit, that developing the GHS on chemical classification, labeling, and handling of chemicals was the surest way to achieve international consistency on labeling and managing chemicals. The GHS is intended to standardize the criteria for classifying chemicals and hazard communication elements for material labeling and safety data sheets (SDS). The UN model is reviewed and revised frequently.

On May 25, 2012, the U.S. Occupational Safety and Health Administration (OSHA) revised and updated the Hazard Communication Standard (HCS) to align with Revision (Rev) 3 of the UN GHS. In May of 2024, OSHA issued a final rule amending HCS 2012 to align with Rev 7 and certain elements of Rev 8. The newly coined HCS 2024 implementation is staggered over the next several years, with final implementation expected by 2028. The business implications of the new rule are enormous, and companies need to think strategically and carefully about how to manage the many legal, regulatory, and communication challenges the new HCS presents.

On February 11, 2015, Health Canada published the Hazardous Products Regulation (HPR). The HPR revised and updated the Workplace Hazardous Materials Information System (WHMIS). WHMIS 2015 significantly altered the previous system (WHMIS 1988) and is a modified criteria-based approach following Rev 5 of the UN GHS model. Health Canada published its update to the HPR in early 2023. The update aligns the HPR with Rev 7 and includes elements of Rev 8. The implementation period is stated as three years, with the expectation that all updates be complete by December 14, 2025. OSHA and Health Canada maintain a strong alliance to ensure close alignment with these changes.

The 12th Adaptation to Technical Progress (ATP) to Regulation (EC) No. 1272/2008 on Classification, Labeling, and Packaging of Substances and Mixtures (CLP), published on March 27, 2019, implements Rev 6 and Rev 7 of UN GHS and entered into force on October 17, 2020. CLP repealed and replaced Directives 67/548/EEC and 1999/45/EEC in 2008. CLP is updated, through the ATP, on a fairly frequent basis. The requirements for SDS are located in CLP and in Annex II to Regulation (EC) No. 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). The requirements of Commission Regulation (EU) 2020/878 of June 18, 2020, amend Annex II to REACH and apply from January 1, 2021. Article 2 specifically notes that SDS not complying may continue to be provided until December 31, 2022. In 2023, the European Commission published changes to CLP. These changes include new hazard classes that are outside the scope of the current UN GHS model system. The implementation dates are staggered; the final date for compliance with inclusion of these new hazard classes is May 1, 2028.

GHS around the World:

Currently, the UN GHS site states that approximately 72 countries have adopted or are in the process of adopting some form of the UN GHS model into their regulatory framework. Despite the effort to “harmonize,” GHS requirements for each program are strikingly different and deadlines for implementation are applied at varying speeds and in frustratingly differing ways. It is critically important for stakeholders in the chemical community to understand GHS, track its implementation, and adopt corporate GHS systems timely and well.

What We Do

B&C offers comprehensive global solutions for complying with GHS regulations:

Substance classification to conform with UN GHS
SDS preparation and/or review to ensure compliance
Label formulation/review for UN GHS compliance
UN GHS training
UN GHS program development and strategic consulting
EU CLP services
OSHA HCS 2012/OSHA HCS 2024 services
WHMIS 2015/WHMIS 2023 services

Our Experience

B&C, with its consulting affiliate The Acta Group (Acta^®), offers a global presence, with offices in North America, Europe, and Asia, that is key to our ability to advise and guide clients on GHS issues in every territory.

Our North American team includes Lynn L. Bergeson, who counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication, with particular expertise in nanotechnology and other emerging technologies. Karin F. Baron, MSPH, and Heather F. Collins, M.S., are skilled in the assessment and application of GHS globally, including comprehensive knowledge of classification criteria, SDS development and templates, and labeling requirements. They are also well-versed in the various requirements regarding the transport of dangerous or hazardous goods. Other members of the North American team include Jane S. Vergnes, Ph.D., DABT^®, who provides toxicology support to the classification, labeling, and SDS preparation process based upon decades of experience; and Karen L. Lorusso, who assesses product formulations based on GHS, has experience with the transport of hazardous goods, and has extensive knowledge of classification criteria, SDS development, labeling requirements, and templates.

Representative Engagements

Provided GHS training for a Fortune 50 company.
Provided comprehensive webinar on GHS and HCS obligations for a major trade association.
Routinely provide strategic global counseling on rationalizing GHS obligations across jurisdictional boundaries for product lines and businesses.
Assess and revise SDSs for products marketed globally.

What We Do

Our Experience

Representative Engagements

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