Manufacturers showing ‘good faith’ on GHS may avoid citations, OSHA says

Washington – Some manufacturers of chemical mixtures will not be cited for failing to immediately comply with new Safety Data Sheet and chemical labeling requirements if they exercise “good faith,” a Feb. 9 OSHA enforcement memorandum states.

Manufacturers and importers face a June 1 deadline for using SDSs and labels that are compliant with OSHA’s updated Hazard Communication Standard. But because the classification of chemical mixtures depends on SDSs and labels from raw-material providers, some manufacturers or importers may not have the most up-to-date or accurate information.

Therefore, mixture manufacturers or importers who attempted but failed to comply with the June 1 effective date will not be cited, according to the memo sent to regional administrators from Thomas Galassi, director of OSHA’s Directorate of Enforcement Programs. Instead, they will be given additional time to comply with new requirements.

“Good faith efforts” include oral and written communication with the upstream supplier, documented attempts to find hazard information from alternative sources, and development of actions to make necessary changes to SDSs and labels.

The memo warns that upstream raw-material suppliers who do not have compliant SDSs or labels could be cited.