Inspection Procedures for the Hazard Communication Standard (HCS 2024)

ABSTRACT-1
U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration
DIRECTIVE NUMBER: CPL 02-02-079
SUBJECT: Inspection Procedures for the Hazard Communication Standard (HCS 2024)
DIRECTORATE: Directorate of Enforcement Programs
SIGNATURE DATE: 4/30/2026
EFFECTIVE DATE: 5/19/2026
ABSTRACT
Purpo
se: This Instruction establishes policies and procedures to ensure uniform
enforcement of the Hazard Communication standard (HCS), 29 CFR §
1910.1200.
Scop
e: This Instruction applies OSHA-wide.
References: Federal Register, 89 FR at 44144, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, May 20, 2024 [HCS or HCS 2024].
Fede
ral Register, 77 FR at 17574, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, March 26, 2012 [HCS 2012].
Federal Register, 59 FR at 2126, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, Federal Register, February 9, 1994.
OSHA Instruction, CPL-02-00-164, Field Operations Manual (FOM), April
14, 2020.
OSHA Instruction, CPL 02-00-124, Multi-Employer Citation Policy,
December 10, 1999.
Cancellations: OSHA Instruction, CPL 02-02-079, Inspection Procedures for the Hazard
Communication Standard, July 9, 2015.

ABSTRACT-2
State Plan Impact: Notice of intent and equivalency required. State Plans are expected to
have enforcement policies and procedures which are at least as effective
as those in this Instruction.
Action Offices: OSHA National, Regional and Area Offices, State Plan and State
Consultation Offices.
Originating Office: Office of Health Enforcement
Contact: Directorate of Enforcement Programs
Office of Health Enforcement
200 Constitution Ave., NW, Room N-3119
Washington, DC 20210
(202) 693-2190
B
y and Under the Authority of
DAVID L. KEELING
Assistant Secretary

ABSTRACT-3
Executive Summary

The Hazard Communication standard (HCS) has been revised to align with the United Nations
Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily
Revision (Rev.) 7. This includes updates to definitions, hazard classification, labeling, and use of
concentration ranges. In addition, the HCS 2024 includes additional changes to address
implementation issues with the 2012 HCS update, and to better align with other federal
agencies (e.g., Environmental Protection Agency (EPA), Department of Transportation (DOT)).
This Instruction is designed to provide guidance to compliance safety and health officers
(CSHOs) on how to enforce the revised Hazard Communication standard during its transition
period and when fully implemented.

Significant Changes

This Instruction outlines the changes in enforcement due to the updated HCS, 29 CFR §
1910.1200, published in the Federal Register on May 20, 2024, and effective on July 19, 2024,
which includes the following:

• Maintains alignment with the GHS (primarily Rev. 7) and U.S. trading partners.
o Paragraph (i) – Trade secrets. If a concentration or concentration range is
claimed as a trade secret, then the safety data sheet (SDS) must include the
ingredient’s concentration as one of the prescribed ranges in paragraph (i).
o Appendix A (Health Hazard Criteria). Revised health hazard definitions and other
provisions to better align with the GHS, including updates to the Skin
corrosion/irritation and Serious eye damage/eye irritation chapters and the
addition of non-animal test methods to skin corrosion/irritation to promote use
of alternative methods.
o Appendix B (Physical Hazard Criteria). Updates to Flammable gases (expanding
the hazard categories), Desensitized explosives, and Aerosols (including an
additional hazard category).
o Appendix C (Allocation of Label Elements). Label elements for new or updated
hazards and updated guidance.
o Appendix D (Safety Data Sheets). Revisions to SDS Sections 1, 2, 3, 8, 9, 10, 11,
and 14.
• Clarifies issues identified during implementation of the HCS 2012 update:
o Paragraph (d) – Hazard classification. Clarifies which hazards must be evaluated.
o Paragraph (f)(11) – Label updates. Adds flexibility for label updates on packages
that have been released for shipment.
o Paragraph (f)(12) – Small and very small container labeling. Clarifies labeling
requirements for small packages.
• Improves alignment/coordination with other U.S. agencies
o Paragraph (f)(5) – Transportation - provides increased coordination with DOT
label for bulk shipment.

ABSTRACT-4
o Paragraph (c) - released for shipment definition – aligns with EPA definition.
• Updated references to OSHA directives, publications, and external websites, as
needed.

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Table of Contents

Contents Page
I. Purpose. .................................................................................................................................... 1
II. Scope. ........................................................................................................................................ 1
III. References. ............................................................................................................................... 1
IV. Cancellations. ............................................................................................................................ 2
V. Action Offices. ........................................................................................................................... 2
A. Responsible Office. .......................................................................................................... 2
B. Action Offices. .................................................................................................................. 3
C. Information Offices. ......................................................................................................... 3
VI. State Plan Impact. ..................................................................................................................... 3
VII. Significant Changes ................................................................................................................... 3
VIII. Background. .............................................................................................................................. 4
IX. Compliance Dates and Transition Period.................................................................................. 5
X. Inspection Guidelines. ............................................................................................................... 5
A. General Inspection Guidance. .......................................................................................... 5
B. Scope and Application, Paragraph (b). ............................................................................ 8
C. Definitions, Paragraph (c). ............................................................................................. 15
D. Hazard Classification, Paragraph (d). ............................................................................. 25
E. Written Hazard Communication Program, Paragraph (e). ............................................ 32
F. Labels and Other Forms of Warning, Paragraph (f). ...................................................... 38
G. Safety Data Sheets (SDSs), Paragraph (g). ..................................................................... 55
H. Employee Information and Training, Paragraph (h). ..................................................... 72
I. Trade Secrets, Paragraph (i). .......................................................................................... 78
J. Dates. ............................................................................................................................. 82
XI. HCS Interface with Other OSHA Standards. ............................................................................ 86
A. Interactions. ................................................................................................................... 86
B. Hazardous Waste Operations and Emergency Response (HAZWOPER), 29 CFR
1910.120. ....................................................................................................................... 87

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C. Access to Employee Exposure and Medical Records, 29 CFR 1910.1020. ..................... 87
D. Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR 1910.1450. . 88
E. Other Health Standards. ................................................................................................ 89

Appendix A. Table of Contents for Appendices A and B of the Hazard Communication Standard

Appendix B. Hazard Classification Evaluation Procedures

Appendix C. Evaluation of Carcinogenicity

Appendix D. Petroleum Streams

Appendix E. HCS 2024 Compliance Dates

Appendix F. HCS Pictograms and Hazards

Appendix G. Referral Procedures and Sample Letter, Safety Data Sheet/Label Query

Appendix H. Guide for Reviewing Safety Data Sheet (SDS) Compliance

Appendix I. Other OSHA Standards Amended by HCS 2012

Appendix J. Other Standards to Consider When Citing Chemical Exposures
with No PEL

Appendix K. Other Directives Changed due to HCS 2012

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I. Purpose.

This Instruction establishes policies and procedures to ensure uniform enforcement of
the Hazard Communication standard (HCS), 29 CFR § 1910.1200.

II. Scope.

This Instruction applies OSHA-wide.

III. References.

A. Federal Register, 89 FR at 44144, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, May 20, 2024 [HCS or HCS 2024].

B. Federal Register, 89 FR 81829, 29 CFR § 1910, Hazard Communication Standard;
Final rule; correction and technical amendment, October 9, 2024.

D. Federal Register, 91 FR 562, 29 CFR § 1910, Hazard Communication Standard;
Final rule; correction and technical amendment, January 8, 2026.

E. Federal Register, 91 FR 1695, 29 CFR § 1910, Hazard Communication Standard;
Final rule; extension of compliance dates, January 15, 2026.

F. Federal Register, 77 FR at 17574, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, March 26, 2012 [HCS 2012].

G. Federal Register, 59 FR at 6126, 29 CFR § 1910, Hazard Communication
Standard; Final Rule, Federal Register, February 9, 1994.

H. OSHA Instruction, CPL-02-00-164, Field Operations Manual (FOM), April 11,
2020.

I. OSHA Instruction, CPL 02-00-111, Citation Policy for Paperwork and Written
Program Violations, November 27, 1995.

J. OSHA Instruction, CPL 02-00-124, Multi-Employer Citation Policy, December 10,
1999.

K. OSHA Memorandum, Classification of Combustible Dusts under the Revised
Hazard Communication Standard, December 27, 2013.

L. OSHA Instruction, CSP 01-01-018, State Standards, August 31, 1984.

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M. OSHA, Temporary Worker Initiative Bulletin No. 5, Hazard Communication, April
20, 2016.

N. United Nations Globally Harmonized System of Classification and Labelling of
Chemicals (GHS) (Revision 7(2017) and Revision 8 (2019)).

O. International Agency for Research on Carcinogens (IARC) Monographs.

P. National Toxicology Program’s (NTP) Report on Carcinogens, or most recent
report.

Q. Centers for Disease Control and Prevention (CDC), Agency for Toxic Substances
and Disease Registry (ATSDR), Toxicological Profiles.

R. American Conference of Governmental Industrial Hygienists (ACGIH), Threshold
Limit Values (TLVs
®
) and Biological Exposure Indices (BEIs
®
).

S. National Institute for Occupational Safety and Health (NIOSH), NIOSH Pocket
Guide to Chemical Hazards.

T. U. S. Environmental Protection Agency, Pesticide Registration Notice 2012-1,
Material Safety Data Sheets as Pesticide Labeling, April 20, 2012.

U. NIOSH, Registry of Toxic Effects of Chemical Substances (RTECS).

V. National Fire Protection Association (NFPA) 654, Standard for the Prevention of
Fire and Dust Explosions from the Manufacturing, Processing, and Handling of
Combustible Particulate Solids.

W. NFPA 704, Standard System for the Identification of the Hazards of Materials for
Emergency Response.

X. PHMSA and OSHA, Joint Guidance Memorandum: Labeling of Hazardous
Chemicals for Bulk Shipments, September 19, 2016.

IV. Cancellations.

A. OSHA Instruction, CPL 02-02-079, Inspection Procedures for the Hazard
Communication Standard, July 9, 2015.

V. Action Offices.

A. Responsible Office.

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Directorate of Enforcement Programs, Office of Health Enforcement.

B. Action Offices.
National, Regional and Area Offices, State Plan and State Consultation
Offices.

C. Information Offices.
OSHA Training Institute (OTI), Consultation Program Managers, Voluntary
Protection Plan (VPP) Managers and Coordinators, Compliance Assistance
Coordinators, and Compliance Assistance Specialists.

VI. State Plan Impact.

This Instruction describes a Federal Program Change which establishes policies and
procedures necessary for the enforcement of HCS. State Plans are required to establish
enforcement policies and procedures which are at least as effective as those in this
Instruction. State Plans have the option of adopting identical or different, but at least as
effective, enforcement policies as those contained in this Instruction.

Within 60 days of the effective date of this directive, a State Plan must submit a notice
of intent indicating if the State Plan will adopt or already has in place policies and
procedures that are identical to or different from the federal program. State adoption,
either identical or different, should be accomplished within six months. If adopting
identically, the State Plan must provide the date of adoption to OSHA within 60 days of
adoption. If the State Plan adopts or maintains policies that differ from those in this
Instruction, the policies must be available for review. Within 60 days of adoption, the
State Plan must provide an electronic copy of the policy or a link to where their policies
are posted on the State Plan’s website. The State Plan must also provide the date of
adoption and identify differences, if any, between their policy and OSHA’s. OSHA will
provide summary information on the State Plan responses to this instruction on its
website.

VII. Significant Changes

This Instruction outlines the changes in enforcement due to the release of the revised
HCS, 29 CFR § 1910.1200, published in the Federal Register on May 20, 2024, and
effective on July 19, 2024, which includes the following:

A. Maintaining alignment with the GHS (primarily Rev. 7) and U.S. trading partners.
1. Paragraph (i) – Trade secrets. If a concentration or ingredient’s concentration
range is claimed as a trade secret then the safety data sheet (SDS) must
include the concentration as one of the prescribed ranges in paragraph (i).

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2. Appendix A (Health Hazard Criteria). Revised health hazard definitions and
other provisions to better align with the GHS, including updates to the Skin
corrosion/irritation and Serious eye damage/eye irritation chapters and the
addition of non-animal test methods to skin corrosion/irritation to promote
use of alternative methods.
3. Appendix B (Physical Hazard Criteria). Updates to Flammable gases
(expanding the hazard categories), Desensitized explosives, and Aerosols
(including an additional hazard category).
4. Appendix C (Allocation of Label Elements). Label elements for new or
updated hazards and updated guidance.
5. Appendix D (Safety Data Sheets). Revisions to SDS Sections 1, 2, 3, 8, 9, 10, 11
and 14.

B. Addressing issues identified during implementation of the HCS 2012 update:
1. Paragraph (d) – Hazard classification. Clarifies which hazards must be
evaluated.
2. Paragraph (f)(11) – Label updates. Adds flexibility for label updates on
packages that have been released for shipment.
3. Paragraph (f)(12) – Small and very small container labeling. Clarifies labeling
requirements for small packages.

C. Improving alignment/coordination with other U.S. agencies
1. Paragraph (f)(5) – Transportation - provides increased coordination with DOT
label for bulk shipment.
2. Paragraph (c) released for shipment definition – aligns with EPA definition.

D. Updating references to OSHA directives, publications, and external websites, as
needed.

VIII. Background.

OSHA originally published the HCS in 1983 which covered manufacturing sectors only.
Due to court rulings, the scope of the HCS was expanded on August 24, 1987, to cover
all industry sectors. On February 9, 1994, OSHA published the final rule (59 Fed. Reg.
6126); included were minor changes and technical amendments to clarify the standard’s
requirements. On March 26, 2012, OSHA published the final rule (Vol 77, No. 58 Fed
Reg, 17574) to update the HCS (known as HCS 2012), to align with the GHS Rev. 3, 2009.

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On May 20, 2024, OSHA updated the HCS (hereinafter known as HCS 2024) to align with
GHS Rev. 7 (2017) and international trading partners (e.g., Canada, European Union
(EU)). OSHA made additional changes to address implementation issues with the 2012
HCS rulemaking and to better align with other federal agencies (e.g., EPA, DOT).

Under section 18 of the Act, no state or political subdivision of a state may adopt or
enforce any requirement relating to the issue addressed by this Federal standard,
except pursuant to a Federally-approved state plan, although community right-to-know
laws would typically not be preempted by OSHA. OSHA’s procedures for approving
State Plan standards are covered by 29 CFR 1953.5 and discussed in OSHA’s State Plan
Policies and Procedures Manual, CSP 01-00-005. Contact the Directorate of
Enforcement Programs and Directorate of Cooperative and State Programs with
questions.

IX. Compliance Dates and Transition Period.

The HCS 2024 became effective 60 days after publication, on July 19, 2024.

On January 15, 2026, OSHA extended the compliance dates in the HCS 2024 by four
months. Chemical manufacturers, importers and distributors must be in compliance
with all modified provisions when evaluating substances no later than May 19, 2026,
and when evaluating mixtures no later than November 19, 2027. Employers have an
additional 6 months to update their hazard communication program, workplace labels,
and training, as necessary. Employers’ compliance dates are November 20, 2026, for
substances and May 19, 2028, for mixtures, respectively.

During the transition period before the compliance dates, manufacturers, importers,
distributors, and employers may comply with the HCS 2012, the HCS 2024, or both. See
also Section X.J of this Instruction for further inspection and citation guidance related to
the HCS 2024 compliance dates.

The specific standard sections outlined in this directive are from the HCS 2024. While
the procedures for inspecting and determining if a violation have occurred are largely
the same as in the HCS 2012 Directive, a CSHO citing a violation of HCS 2012 should
refer to the archived HCS 2012 Directive for information specific to those provisions.

X. Inspection Guidelines.

The following guidelines apply to all inspections conducted to determine compliance
with the HCS:

A. General Inspection Guidance.

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1. Compliance with the GHS.

HCS 2024 is based primarily on the GHS Rev. 7 (2017), and some sections of
Rev 8. Some manufacturers, importers, distributors, or employers may want
to comply with more recent or future versions of GHS issued by the UN, such
as Rev. 9 or later. However, using Rev. 9 or a more recent version may result
in non-compliance with HCS 2024 if it contradicts or casts doubt on OSHA-
required information.

OSHA will evaluate each situation on a case-by-case basis. Further discussion
of when this may be appropriate can be found in the preamble to the HCS
2024 rule (89 FR at 44318).

Note: The different versions of the GHS can be found on the United Nations
Economic Commission for Europe (UNECE) webpage by clicking the “GHS”
link, then clicking “GHS official text and corrigenda”.

2. Citation Guidelines.

a. For all violations, the CSHO shall document on the violation worksheet(s)
the chemical name (and hazardous ingredients) or Chemical Abstract
Service (CAS) number (or other unique identifier), the frequency and
duration of use, the number of employees who may be exposed, and the
health and physical hazards.

b. The CSHO should include photos or video (e.g., of the label) of the
chemicals in question and copies of safety data sheets (SDSs).

c. During the transition period, manufacturers, importers, distributers, and
employers may comply with HCS 2012 or HCS 2024. Accordingly,
citations should not be issued unless the entity has not complied with
either standard. In that situation, citations will be issued under HCS 2012
prior to the applicable compliance date. Section X.J of this Instruction
provides guidance on the implementation dates for each type of business
(e.g., manufacturer, importer, distributor, and employer). General
guidance is provided below.

d. After the relevant compliance dates, citations shall be issued only under
HCS 2024.

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e. Repeat violations and failure to abate (FTA) violations may still be issued
under HCS 2024 following the citation guidance in CPL-02-00-164, Field
Operations Manual (FOM), Chapter 4.

If a CSHO proposes a repeat or a failure to abate (FTA) violation based on
a citation originally issued under HCS 2012, and the citation under the
new inspection is issued under HCS 2024, the possibility exists the cited
paragraphs could be different, requiring the CSHO to clearly explain why
the paragraphs are different. This was more likely to happen during the
transition from HCS 1994 to 2012, rather than HCS 2012 to 2024;
however, see an example below:

• Under HCS 2012, where it is not feasible to use pull-out labels, fold
back labels, or tags, containing the full HCS 2012 required
information, manufacturers shipping small containers may be cited
under 29 CFR § 1910.1200(f)(1) for failing to follow the practical
accommodation developed by OSHA for labeling small, shipped
containers (See archived HCS 2012 Directive).

• However, under HCS 2024, subparagraphs of 29 CFR §
1910.1200(f)(12) may be cited where an employer has demonstrated
that it is not feasible to use pull-out labels, fold-back labels, or tags
containing the full label information, but fails to comply with the
small container labeling requirements in 29 CFR § 1200(f)(12)(ii) or
(iii). This formalizes the former HCS 2012 practical accommodation for
small, shipped containers.

3. State Plan Preemption.

a. Section 18 of the OSH Act prevents State Plans from requiring
manufacturers or importers located outside of their state to have
different information on their labels or SDSs than what is required by the
federal HCS.

b. However, a State Plan can have stricter requirements that it enforces on
companies in that state so long as it does not unduly burden interstate
commerce. Therefore, a State Plan could require more information on
the labels and SDSs, but could not enforce its requirement on companies
outside of the state.

c. Before a State Plan may enforce any stricter HCS requirements, OSHA
must approve of them as a part of the state plan, in accordance with
section 18 of the OSH Act.

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B. Scope and Application, Paragraph (b).

The HCS applies to any hazardous chemical present in the workplace in a manner
that employees may be exposed under normal conditions of use and foreseeable
emergencies. Virtually all chemicals manufactured or imported into the U.S. are
covered by the HCS, unless exempted in paragraph (b). The manufacturer or
importer must provide the information required by the standard on any
hazardous chemicals which they manufacture or import. This information must
cover the normal conditions of use (including downstream use) and foreseeable
emergencies of the product. A manufacturer or importer is out of compliance if
it does not provide hazard information on a known use for the chemical or
should have reasonably been expected to know the use may occur, even if it is
not the intended use for the chemical under normal conditions of use or
foreseeable emergency. For example, a hair smoothing product used in
professional hair salons where the intended use of the product created a
different hazard due to chemical reaction, i.e., the chemical reaction formed
formaldehyde. The manufacturer must inform downstream users of the of the
known potential hazards of formaldehyde.

1. Normal use does not include incidental exposure. Employees such as office
workers who use chemicals in "non-routine," isolated instances (e.g.,
products to clean a desk or computer) are not covered. However, a graphic
arts worker who uses a product "routinely" (e.g., products such as paints,
adhesives, cleaners), would be covered by the HCS.

2. “By-products” are covered by the HCS. A manufacturer's or importer's
hazard determination or hazard classification must account for any
hazardous by-products which may be formed and anticipate the full range of
downstream uses and exposures of their product(s). For example, a
manufacturer of gasoline must inform downstream users of the hazards of
carbon monoxide since carbon monoxide is a hazardous chemical and is
"known to be present" as a by-product resulting from the use of gasoline-
powered equipment. Similarly, manufacturers of diesel fuel must inform
downstream users of the potential human carcinogenicity of diesel exhaust
on the SDS for diesel fuel.

3. “Known to be present” is an important part of the HCS; it includes chemicals
to which employees may be exposed during normal operations or in a
foreseeable emergency. Therefore, even though an employer was not
responsible for the manufacture of the hazardous chemical, the employer
has the responsibility for conveying information about the hazards to its
employees. For example, the standard applies in the following situations: if

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an employer is aware that his/her employees are exposed to chemicals
brought onto a multi-employer worksite by other employer(s) or if service
personnel are exposed to natural gas during furnace repair. An employer
whose employees are exposed to chemicals "known to be present" must
include in their hazard communication program information concerning the
hazards of those chemicals.

4. Items that are covered by HCS include (this is not an exhaustive list):

a. Bricks;

b. Metal ingots;

c. Wood products where the hazard is not just combustion (e.g., wood that
is cut is covered since the sawdust created during the cut creates a
respiratory hazard);

d. Hazardous drugs not in final form or a solid (e.g., drugs that are crushed
or dissolved prior to administration);

e. Combustible dusts;

f. Simple asphyxiants;

g. Welding rods/wire;

h. Acid batteries;

i. Consumer products not used in the quantities and the manner that a
consumer would use them; and

j. Oil and gas products (including petroleum products); the producers are
considered manufacturers under the HCS.

5. Exemption Guidelines.

a. Paragraph (b)(3) deals with HCS coverage for laboratories not covered
under 29 CFR § 1910.1450, Occupational Exposure to Hazardous
Chemicals in Laboratories (Laboratory standard). Most quality control
and production laboratories do not meet the definition of a laboratory
under 29 CFR § 1910.1450 and are subsequently covered by the (b)(3)
provisions of 29 CFR 1910.1200. See Section XI.D. for more information
concerning the interface between the Laboratory standard and the

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Hazard Communication standard. The only HCS requirements for
laboratories that do not ship chemicals are in paragraph (b)(3):

• Maintenance of labels on incoming containers, (b)(3)(i);

• Maintenance of SDSs, (b)(3)(ii);

• Training, (b)(3)(iii); and,

• Per (b)(3)(iv), if the laboratory ships chemicals, it is considered to be
either a chemical manufacturer or a distributor and must meet the
label and SDS requirements in 29 CFR § 1910.1200(f) and (g).

b. Paragraph (b)(4) covers the exemptions for work operations where
employees only handle chemicals in sealed containers which are not
opened under normal conditions of use (such as those found in marine
cargo handling, warehousing, and retail sales).

• Since containers are subject to leakage and breakage, employees who
work in operations where they handle only sealed containers (such as
warehousing) are potentially exposed to hazardous chemicals, and,
therefore, need access to information as well as training. This
training is dependent upon the type of chemicals involved and must
cover the potential size of any spills or leaks, the type of work
performed and what actions employees are expected to take when a
spill or leak occurs.

• Employers are required to obtain an SDS for any chemical in a sealed
container if an employee requests one, and to maintain and make
available to employees all SDSs received.

• Employers must ensure that labels on incoming containers of
hazardous chemicals are not removed or defaced. See Section
X.F.10.i.

c. The (b)(5) labeling exemptions only apply to chemicals that are subject to
the labeling requirements of certain other federal agencies (e.g.,
cosmetics for personal use covered by the U.S. Food and Drug
Administration (FDA)). Although the HCS does not require labeling for
these chemicals, hazard classification in accordance with paragraph (d) is
still required to provide the required SDS(s).

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• Paragraph (b)(5)(i) covers the labeling of pesticides as defined in the
U.S. Environmental Protection Agency’s Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). Because EPA exercises
statutory authority over pesticides subject to FIFRA labeling
requirements, OSHA is preempted from enforcing most labeling
requirements of the HCS. FIFRA labels approved by EPA preempt
OSHA’s label requirements, but not the requirements for SDSs and
worker training (except for certified applicators and agricultural
workers for whom EPA has training requirements. See explanation
below). EPA has issued guidance covering SDS and labeling
requirements. See EPA Pesticide Registration Notice (PRN) 2012-1:
Material Safety Data Sheets as Pesticide Labeling. When a pesticide
subject to FIFRA labeling is transferred into a container other than its
original container (e.g., a smaller secondary container or in order to
dilute a concentrate with water), OSHA may enforce the workplace
labeling requirements of the HCS (paragraph (f)(6)) so long as the
secondary container is being used in-house (i.e., in the workplace)
and not being shipped downstream (i.e., for sale or further
distribution) and there is no other basis for OSHA preemption. See
Section X.F.4. for workplace labeling requirements and EPA
Recommendations for Labeling Secondary and Service Containers.

• In addition to FIFRA, the EPA Agricultural Worker Protection Standard
(WPS) preempts OSHA from enforcing the HCS for certain pesticide
exposures. The WPS covers pesticide handler and agricultural worker
exposures to pesticides on farms and in forests, nurseries, and
greenhouses. Pesticide handler is defined as those who mix, load, or
apply agricultural pesticides; clean or repair pesticide application
equipment; or assist with the application of pesticides. Agricultural
worker is defined as those who perform tasks related to growing and
harvesting plants on farms or in greenhouses, nurseries or forests
(e.g., carrying nursery stock, repotting plants, watering, or other tasks
directly related to the production of agricultural plants at an
agricultural establishment). See EPA’s WPS webpage for additional
information.

o Agricultural (farm) workers exposed to hazardous chemicals other
than pesticides continue to be covered by the provisions of the
HCS.

o OSHA covers workers in the manufacturing of pesticides and
those not covered by the EPA WPS or FIFRA labeling
requirements.

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• See paragraph 1910.1200(b)(5) for additional exemptions.

d. Paragraph (b)(6) covers items which have a complete exemption from all
the HCS requirements. This must not be confused with the specific
labeling exemptions at (b)(5). The items covered by (b)(6) include:

• Paragraph (b)(6)(i) and (b)(6)(ii), covers exemption of hazardous
waste and hazardous substances when subject to regulations issued
under the EPA, such as the Resource Conservation and Recovery Act
(RCRA) and the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).

Note: Chemicals which are used by employees at a hazardous waste
site that are not hazardous waste are covered under the HCS. An
example would be a basic chemical brought on site by the employer
to neutralize an acidic waste product.

• Paragraph (b)(6)(iii) exempts tobacco or tobacco products.

• OSHA does not consider either radiation hazards ((b)(6)(xi)) or
biological hazards ((b)(6)(xii)) to be covered by the HCS. If, however,
the radiological or biological is accompanied by an otherwise covered
hazardous chemical, (e.g., a container with a biological sample packed
in an organic solvent), then the hazardous chemical would be subject
to the requirements of the HCS.

• Biological hazards – The HCS does not cover the biological hazards
that may be posed by or accompany plants (e.g., endotoxin, mold,
fungi). However, the HCS applies to hazardous chemicals that may
pose a physical or health hazard (e.g., grain dust) to workers, as well
as hazardous chemicals extracted from or used in the production of
plant byproducts (e.g., solvents, other plant extracts).

See paragraph 1910.1200(b)(6) for additional exemptions.

6. Citation Guidelines.

a. Citations shall not be issued under the scope and application paragraphs.
Citations shall be issued under the applicable paragraph of the regulation,
e.g., labeling. Follow the guidelines outlined in each section of this
directive.

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b. For both the article exemption (paragraph (b)(6)(v)) and items not
meeting the consumer product exemption (paragraph (b)(6)(ix)), the
specific hazardous chemical in the product/item must be described in the
citation. Where available, include a copy of the cited product’s SDS in the
case file.

c. In instances where manufactured items which under normal conditions
of use may release hazardous chemicals, CSHOs must document in the
case file worksheet information why the item is not exempted as an
article. Air sampling is not required to document worker exposure. This
information should include at a minimum the following:

• What is the hazardous chemical in the item to which employees were
exposed?

• Was this item included in the employer's hazardous chemical
inventory?

• What were the activities/operations that resulted in employee
exposure to the hazardous chemical(s)?

• Did the release of the covered chemical(s) pose any potential physical
hazard or health risk to the employees?

d. 29 CFR § 1910.1200(b)(6)(ix) covers the exemption for consumer
products. NOTE: "Consumer product" means any article, or component
part thereof, produced or distributed (i) for sale to a consumer for use in
or around a permanent or temporary household or residence, a school, in
recreation, or otherwise, or (ii) for the personal use, consumption or
enjoyment of a consumer in or around a permanent or temporary
household or residence, a school, in recreation, or otherwise. See 15
U.S.C. 2052. See X.C.7. of this Instruction for further definition of a
consumer product.

• It is the Agency's policy not to issue citations for consumer products
unless the CSHO can document that the product was used in the
workplace in a manner not intended by the manufacturer or the
frequency and duration of use results in exposures that are
significantly greater than those experienced by a normal consumer.
Citations may only be issued in cases where the CSHO can document
that the use falls outside of the (b)(6)(ix) exemption.

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• To ensure that citations of the HCS for consumer products are
adequately documented, the following elements must be included in
the case file:

• What information established the chemical/product as a consumer
product? For instance, was the container/product label subject to the
Consumer Product Safety Act provisions?

• What is/are the hazardous chemical(s) present in the product to
which employees were exposed? What is/are the concentration(s) of
the hazardous chemical(s) present? Was the product included in the
employer's hazardous chemical inventory?

• What is the duration of use of the product, i.e., for what period of
time did the employees use or were exposed to the chemical during
the workshift and workweek? Did it greatly exceed normal or
expected use by a consumer?

• Was the frequency of employee use significantly greater than that of
a normal consumer?
o A product would not be covered by HCS if a worker chooses to
clean their personal workspace with a product that is meant for
cleaning purposes.
o Employers would be required to comply with HCS if a worker's job
duty includes custodial work such as cleaning desks, offices, and
bathrooms.
• How was the product used and in what amounts? Was the product
used in the workplace for the purpose intended by the manufacturer
or importer?

• When available, include in the file the SDS(s) for the cited product(s)
to aid in determining coverage and intended use(s).

• A product may be labeled according to the consumer product
exemption in subparagraph (b)(5)(v), but the usage may be covered
by the HCS.

• In the case of mixtures, the concentration of the hazardous chemical
must also be noted. For example, a citation must not simply state
that "glue" or "dishwashing liquid" was the hazardous consumer
product, or that a "brick" was the hazardous chemical in a

15
manufactured item. The citation must state the name of the
hazardous chemical (e.g., methyl ethyl ketone, sodium hydroxide,
silica) and the concentration of the chemical in the mixture (e.g., 50%
silica).

C. Definitions, Paragraph (c).

This paragraph of the standard is not citable. New definitions have been added
to the standard to reflect revised GHS criteria and other definitions have been
changed or removed. Specific definitions are outlined herein for clarification and
to aid in the interpretation and application of the standard. Definitions that are
in italics are carried over from the HCS 1994 and 2012 standards; definitions that
are in bold are from the HCS 2024 standard, the appendices, or this Instruction.
Where questions have arisen concerning what OSHA means by particular
language, additional definitions have been provided herein for clarification.

1. Article means a manufactured item other than a fluid or particle: (i) which is
formed to a specific shape or design during manufacture; (ii) which has end-
use function(s) dependent in whole or in part upon its shape or design during
end-use; and (iii) which under normal conditions of use does not release
more than very small quantities, e.g., minute or trace amounts of a
hazardous chemical (as determined under paragraph (d) of the HCS), and
does not pose a physical hazard or health risk to employees. Examples of
articles are stainless steel tables, vinyl upholstery, tires, and adhesive tape.

a. Articles do not include items which may release hazardous chemicals
when used. This includes such things as drugs that will be crushed prior
to administration, wood products that will be cut, drilled or sawed,
gaskets that when deteriorated or replaced may release asbestos, metal
ingots that will be melted, mercury switches that may break in use or
during maintenance operations, bricks that are cut, and coated materials
that are welded, cut, or ground, etc.

b. Exposures that may occur during the destruction of the product do not
change the classification of the product as an article, as long as only a
trace amount of the hazardous chemical is released.

c. In evaluating an article, one must consider the health risk which exposure
to that article presents. The term “risk” as opposed to “hazard” is used
here, since the hazard is an inherent property of the chemical and exists
no matter the quantity of exposure. To be exempted as an article,
exposure must not pose a risk to employee health.

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2. Bridging principles are methods used for classifying the hazards of mixtures
that have not been tested to determine their toxicity by comparison to
similar mixtures that have been tested. Each hazard class specifies which
bridging principles are applicable for that class. This determination is based
on data for the individual ingredients and/or similar tested mixtures. See
Appendix A of the standard for additional information.

3. Bulk shipment means any hazardous chemical transported where the mode
of transportation comprises the immediate container (i.e. contained in
tanker truck, rail car, or intermodal container).

4. Chemical means any substance, or mixture of substances. The standard's
definition of "chemical" is much broader than that which is commonly used.
Thus, steel coils which are cut and processed, castings which are
subsequently ground or welded upon, bricks that are dry sawed or drilled,
carbide blades which are sharpened, are all examples of products that
contain chemicals, which, if available for exposure, are covered by the HCS.

5. Classification means to identify the relevant data regarding the hazards of a
chemical; review those data to ascertain the hazards associated with the
chemical; and decide whether the chemical will be classified as hazardous
according to the definition of hazardous chemical in the standard. In
addition, classification for health and physical hazards includes the
determination of the degree of hazard, where appropriate, by comparing the
data with the criteria for health and physical hazards.

6. Combustible dust means finely divided solid particulates of a substance or
mixture that pose a flash-fire hazard or explosion hazard when dispersed in
air or other oxidizing media.

HCS Appendix C, C.4.31, footnote 2, states, where chemicals are not shipped
in a dust form but may be used under normal conditions of use by a
downstream user in such a way as to create a combustible dust hazard, the
responsible party must provide labels. If the material meets the solid
material exemption or the only hazard is combustible dust, the responsible
party may provide labels in accordance with 1910.1200(f)(4) or may provide
labels in accordance with 1910.1200(f)(1) if they so choose. This would apply
to combustible dust in both solid and liquid (after drying) forms.

10. Consumer product. Paragraphs 1910.1200(b)(5)(v) and (b)(6)(ix) of the HCS
provide certain limited exemptions for “consumer products” as defined in
the Consumer Product Safety Act (CPSA) and “hazardous substances” as
defined in the Federal Hazardous Substance Act (FHSA) when subject to

17
labeling requirements under those statutes.

a. OSHA looks to the Consumer Product Safety Commission law in
determining whether a hazardous chemical falls within these limited
exemptions. Area Offices should consult with their regional office and
RSOL for interpretative assistance whenever needed. The following are
general guidelines for applying these exemptions.

b. In general, a “consumer product” under the CPSA is one that:

• Is for sale to a consumer for use in or around a permanent or
temporary household or residence, a school, in recreation, or
otherwise; or

• Is for the personal use, consumption or enjoyment of a consumer in
or around a permanent or temporary household or residence, a
school, in recreation, or otherwise. (15 U.S.C. 2052(a)).

c. “Hazardous substance,” as defined under the FHSA overlaps significantly
with the HCS definition of hazardous chemical. In general, a FHSA
hazardous substance is one that:

Any substance or mixture of substances which (i) is toxic, (ii) is corrosive,
(iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or
combustible, or (vi) generates pressure through decomposition, heat, or
other means, if such substances or mixture of substances may cause
substantial personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children. [15 U.S.C.
1261(f)(1)(A)].

d. The key to applying the limited exemptions in 1910.1200(b)(5)(v) and
(b)(6)(ix) for a FHSA hazardous substance is to initially determine whether
FHSA labeling requirements apply. In general, this occurs when the
hazardous substance is “intended, or packaged in a form suitable, for use
in the household or by children.” [15 USC 1261(p)].

e. The label for a consumer product may be exempt from the HCS labeling
requirements, although the use may be covered if it is used in a manner
not intended by the manufacturer or the frequency and duration of use
results in exposures that are significantly greater than those experienced
by a normal consumer. See X.B.6.d. of this instruction.

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11. Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction
vessel, storage tank, or the like that contains a hazardous chemical. For
purposes of the HCS, pipes or piping systems, engines, fuel tanks, or other
operating systems in a vehicle, are not considered to be containers.

a. In the case of fuel, the fuel producer still has an obligation to assess the
hazards associated with the fuels, including their by-products.

• For example, liquid propane (LP) cylinders that serve as the source of
fuel used to operate lift trucks, would not have to be labeled once the
fuel tank is installed. Even though containers of fuel such as gasoline
and LP clearly are within the scope of the HCS, no requirement exists
to label those containers operating the lift truck.

• The spare LP cylinder(s) in storage must be labeled since they are
containers.

b. Bricks that are palletized and bound (e.g., by metal bands) are considered
to be containers that are to be labeled.

c. Gas cylinders (e.g., oxygen, nitrogen, acetylene) are considered
containers under HCS.

12. Distributor means a business, other than a chemical manufacturer or
importer, which supplies hazardous chemicals to manufacturers, other
distributors, or to employers.

a. A company that repackages, blends, mixes, or otherwise changes the
composition of a chemical is considered a chemical manufacturer under
the HCS.

• Employees in these operations are considered to use hazardous
chemicals.

• Under these conditions, the distributor will not be able to claim the
sealed container provision in paragraph (b)(4) and will need to meet
all applicable provisions of the HCS for manufacturers.

b. Paragraph (g)(7) distinguishes between a "distributor" and a "retail
distributor." This distinction has been made to recognize that retail
establishments primarily deal with the general public. Retail distributors
that sell to both employers and the general public only need to provide
an SDS upon request. Wholesaler distributors that sell to employers

19
over-the-counter must post a sign or otherwise inform them that a SDS is
available and shall provide an SDS to such employers upon request.

c. Scrap dealers are generally considered distributors and, to the extent
that their products are not articles, would need to comply with the HCS
2024.

• If the company (supplier) providing the goods to the scrap dealer is
furnishing articles which the supplier did not manufacture (such as a
broken refrigerator, li-ion batteries), the supplier is not required to
provide a label or SDS, unless the supplier was provided them by the
manufacturer or importer.

• However, if a supplier sent a product that contained hazardous
chemicals, as would be the case if a company scraps pipes containing
a hazardous chemical or its residue, that could be released in more
than small or trace quantities, present a physical hazard, or present a
health risk, then the item is not an article. The supplier must provide
a label and SDSs to the scrap dealer.

• Similarly, manufacturers are also required to pass on any information
(labels and SDSs) they have regarding known contaminants of the
scrap, as would be the case if cutting fluids were present.

• In addition, article manufacturers that sell for scrap or recyclers those
produced items that fail specification or suppliers who provide, for
example, metal tailings from a manufacturing process or li-ion
batteries, must develop and transmit SDSs and labels to downstream
scrap dealers or recycling operators.

• Generally, non-manufacturing scrap dealers may comply with the
duty to provide labels and safety data sheets for the scrap they sell by
sending their downstream users the labels and SDSs the dealer
received from employers who have scrapped the materials.

13. Employee means a worker who may be exposed to hazardous chemicals
under normal operating conditions or in foreseeable emergencies. Workers
such as office workers or bank tellers who encounter hazardous chemicals
only in non-routine, isolated instances are not covered.

14. Employer means a person engaged in a business where chemicals are either
used, distributed, or are produced for use or distribution, including a
contractor or subcontractor.

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15. Exposure or exposed means that an employee is subjected in the course of
employment to a hazardous chemical, and includes potential (e.g., accidental
or possible) exposure. "Subjected" in terms of health hazards includes any
route of entry (e.g., inhalation, ingestion, skin contact or absorption.)

16. Foreseeable emergency means any reasonably anticipated occurrence in the
workplace use of the chemical such as, but not limited to, equipment failure,
rupture of containers, or failure of control equipment which could result in
an uncontrolled release of a hazardous chemical into the workplace.
Employee exposures in the event of an accidental fire are not considered a
foreseeable emergency.

17. Gas means a substance which (i) at 122⁰F (50°C) has a vapor pressure greater
than 43.51 PSI (300 kPa) (absolute); or (ii) is completely gaseous at 68⁰F
(20°C) at a standard pressure of 14.69 PSI (101.3 kPa).

18. Hazard category means the division of criteria within each hazard class, e.g.,
oral acute toxicity and flammable liquids include four hazard categories.
These categories compare hazard severity within a hazard class and should
not be taken as a comparison of hazard categories more generally.

19. Hazardous chemical means any chemical that is classified as a physical
hazard or a health hazard, a simple asphyxiant, combustible dust, or hazard
not otherwise classified.

20. Hazard class means the nature of the physical or health hazards, e.g.,
flammable solid, carcinogen, oral acute toxicity.

21. Hazard not otherwise classified (HNOC) means an adverse physical or health
effect identified through evaluation of scientific evidence during the
classification process that does not meet the specified criteria for the
physical and health hazard classes addressed in the standard.

a. For example, an HNOC is polymerization that may release heat.
Polymerization is a chemical reaction in which a large number of
relatively simple molecules combine to form a chain-like macromolecule.
The combining units are called monomers (e.g., methyl methacrylate),
the product is a polymer (e.g., polymethyl methacrylate).

b. This does not extend coverage to adverse physical and health effects for
which there is a hazard class addressed in the section, but the effect
either falls below the cut-off value/concentration limit of the hazard class

21
or is under a GHS hazard category that has not been adopted by OSHA
(e.g., acute toxicity Category 5).

c. An adverse physical or health effect is a material impairment of health or
functional capacity, as that phrase is used in section 6(b)(5) of the OSH
Act, 29 U.S.C. § 655(b)(5), resulting from workplace exposure to a
chemical.

d. A health effect is determined in accordance with the weight-of-evidence
criteria in Appendix A of the standard, paragraph A.0.3.

e. The term physical effect generally refers to a material impairment of
health or functional capacity caused by the intrinsic hazard(s) of a
particular chemical in normal conditions of use or foreseeable
emergencies. Scalds caused by exposure to chemicals at high
temperatures or slips and falls caused by treading on a solid chemical
shaped in a rounded form or spilled liquids, are not covered physical
effects under the HNOC definition.

• For example, water is not classified as an HNOC merely because an
employee might be scalded by contact with boiling water or because
an employee might contract hypothermia by being immersed in cold
water for a long period of time.

• Similarly, water is not classified as an HNOC by virtue of the fact that
an employee might be injured when slipping and falling on a wet
surface or when sprayed by water at high pressure. The foregoing
examples of adverse physical effects that are outside the scope of
HNOCs are designed to assist in better understanding the concept of
HNOCs. They are not intended to be exhaustive or limited to
chemicals, such as water, which are not hazardous chemicals.

NOTE: OSHA’s definition above for HNOC ensures that hazards previously
covered under HCS 1994 and 2012 remain covered under HCS 2024.

22. Hazard statement means a statement assigned to a hazard class and
category that describes the nature of the hazard(s) of a chemical, including,
where appropriate, the degree of hazard. See Section X.F.2.c of this
Instruction for the discussion on hazard statements.

23. Immediate outer package means the first package enclosing the container of
hazardous chemical.

22
24. Importer means the first business with employees within the Customs
Territory of the United States which receives hazardous chemicals produced
in other countries for the purpose of supplying them to distributors or
employers within the United States. See Section X.G.1.p. Responsibility for
SDS for discussion on importer responsibilities.

25. Label means an appropriate group of written, printed or graphic information
elements concerning a hazardous chemical that is affixed to, printed on, or
attached to the immediate container of a hazardous chemical, or to the
outside packaging. However, (f)(1) requires the label on each container and,
therefore, labeling only the outside package is not compliant.

26. Liquid means a substance or mixture which at 122⁰F (50°C) has a vapor
pressure of not more than 43.51 PSI (300 kPa (3 bar)), which is not
completely gaseous at 68⁰F (20°C) and at a standard pressure of 14.69 PSI
(101.3 kPa), and which has a melting point or initial melting point of 68 ⁰F
(20°C) or less at a standard pressure of 14.69 PSI (101.3 kPa). Either ASTM D
4359–90 (R2019) (incorporated by reference, see § 1910.6); or the test for
determining fluidity (penetrometer test) prescribed in section 2.3.4 of ADR
2019 (incorporated by reference, see § 1910.6) can establish whether a
viscous substance or mixture is a liquid if a specific melting point cannot be
determined.

27. Manufacturer means an employer that manufactures, processes, formulates,
or repackages a hazardous chemical. The first employer meeting the
definition of a manufacturer will be responsible for performing the hazard
classification, developing or obtaining the SDSs, and labeling containers of
the hazardous chemicals.

a. Manufacturers include those companies which repackage, blend or mix
chemicals.

b. If a downstream employer meeting the definition of a manufacturer
alters a product (e.g., chemically react) and/or removes the original
manufacturer’s name and/or contact information, then the downstream
user becomes the responsible party for the product and needs to
consider all the known or intended uses of the product.

c. The first employer meeting the definition of a manufacturer does not
need to consider downstream uses that are more than one step away
from the manufacturer's chemical as sold in the chemical manufacturing
supply chain (i.e. downstream uses that involve using a version of their
product that has already been chemically reacted after its sale). An

23
example of this is a company providing methyl methacrylate to a second
manufacturer who creates polymethyl methacrylate and then makes
products from the polymethyl methacrylate; the first manufacturer does
not need to warn on the hazards of the products made from the
polymethyl methacrylate.

d. Examples of manufacturers:

• Oil and gas producers (e.g., petroleum products) are chemical
manufacturers because they process hazardous chemicals for use or
distribution.

• Sawmills are considered to be manufacturers since they are the first
employers who process the product. A sawmill processes timber into
lumber, thereby creating wood dust, which is a hazardous chemical
under the HCS.

• Operators of grain elevators also meet the definition of a
manufacturer.

28. Physical hazard means a chemical that is classified as posing one of the
following hazardous effects: explosive; flammable (gases, liquids, or solids);
aerosols; oxidizer (gases, liquids, or solids); self-reactive; pyrophoric (liquid or
solid); self-heating; organic peroxide; corrosive to metal; gas under pressure;
in contact with water emits flammable gas; or desensitized explosive. The
criteria for determining whether a chemical is classified as a physical hazard
are detailed in Appendix B to the HCS standard.

29. Physician or other licensed health care professional (PLHCP) means an
individual whose legally permitted scope of practice (i.e., license,
registration, or certification) allows the individual to independently provide
or be delegated the responsibility to provide some or all of the health care
services referenced in paragraph (i) the HCS standard.

30. Produce means to manufacture, process, formulate, blend, extract, generate,
emit or repackage. This includes the extraction of naturally occurring
substances, such as clay and stone which contain crystalline silica.

31. Released for shipment means a chemical that has been packaged and
labeled in the manner in which it will be distributed or sold.

32. Responsible party means someone who can provide additional information
on the hazardous chemical and appropriate emergency procedures, if

24
necessary. This could be the manufacturer or importer or a company
contracted to provide more information. The name and address of the
responsible party MUST be the same on the SDS and the label.

33. Safety data sheet (SDS) means written or printed material concerning a
hazardous chemical that is prepared in accordance with paragraph (g) of the
HCS standard.

34. Shipped container means any container leaving the workplace, whether
through normal shipping routes or physically handed to another person.

35. Simple asphyxiant means a substance or mixture that displaces oxygen in the
ambient atmosphere, and can thus cause oxygen deprivation in those who
are exposed, leading to unconsciousness and/or death. Examples of a simple
asphyxiant are nitrogen, helium, argon, neon, and methane.

36. Solid means a substance or mixture which does not meet the definitions of
liquid or gas.

37. Stationary process container means a container that is not mobile, in which a
process other than storage takes place, or which contains a liquid (other than
water) (e.g., used for dipping and coating).

a. Examples of stationary process containers are permanent dip tanks, and
permanent mixing vessels.

b. Items which are not stationary process containers are storage tanks (even
if connected to a distribution system), and portable dip tanks.

This definition applies only to the Hazard Communication standard. It does
not change the scope or coverage of any other OSHA standard (e.g., 29 CFR §
1910.119 - Process Safety Management of Highly Hazardous Chemicals).

38. Trade secret means any confidential formula, pattern, process, device,
information or compilation of information that is used in an employer's
business, and that gives the employer an opportunity to obtain an advantage
over competitors who do not know or use it. Appendix E to §1910.1200—
Definition of Trade Secret, sets out the criteria to be used in evaluating trade
secrets.

39. Use means to package, handle, react, emit, extract, generate as a byproduct,
or transfer.

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40. Weight of evidence means that all scientific data bearing on the classification
of a chemical shall be considered together, including the results of valid in
vitro tests, relevant animal data, and human experience such as
epidemiological and clinical studies, and well-documented case reports and
observations. See Appendix A, Chapter A.0.3 of the standard for a further
discussion on how to use the weight of evidence for classification.

D. Hazard Classification, Paragraph (d).

This section outlines the classification of chemicals under the revised standard.
Virtually all chemicals manufactured in or imported into the U.S. are covered by
the HCS, unless exempted in paragraph (b). The Directorate of Standards and
Guidance (DSG) and Directorate of Technical Support and Emergency
Management (DTSEM)’s OSHA Technical Center (OTC) are available to assist
CSHOs in the review of a manufacturer’s or importer’s classification scheme, if
necessary.

1. General Information on Classification.

OSHA does not classify, approve, or have responsibility for the classifications
of chemicals for manufacturers, importers, and distributors.

Chemical manufacturers and importers are required to classify the hazards of
the chemicals they produce or import (e.g., determine the hazard classes,
and where appropriate, the category of each class that applies to the
chemical being classified). Employers are not required to classify chemicals
unless they choose not to rely on the classification performed by the
chemical manufacturer or importer. If an employer chooses to do its own
classifications, it is responsible for complying with the classification
requirements of the HCS.

a. Classification criteria.

• Appendix A in §1910.1200 provides classification criteria of health
hazards and Appendix B in §1910.1200 provides classification criteria
of physical hazards.

• Hazard classification must follow the requirements outlined in
Appendices A and B of the standard. A listing of the sections in
Appendices A and B of the standard can be found in Appendix A of
this Instruction. Deviations from Appendices A and B of the standard
(e.g., using split entry) are not in compliance with the HCS. See April
2, 2013 letter of interpretation to Brian Karlovich on split entry.

26

• The classification of hazards is to be performed based on the criteria
provided for each individual hazard class. Manufacturers or
importers who are evaluating the hazards of the chemicals must
consider all available data on the hazards.

• Classifiers must consider any hazards posed by the product in normal
conditions of use and foreseeable emergencies and must consider the
full range of available information about those hazards.

• The 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 reactions associated with known or
reasonably anticipated uses or applications.

o The information required by paragraph (d)(1)(ii) shall be included
in Section 2 of the SDS but need not appear on the label.

o When determining what qualifies as a known or reasonably
anticipated use or application, if a chemical has a very wide range
of uses downstream an employer cannot reasonably anticipate all
the ways its chemical could be combined with other chemicals.
Similarly, it is not reasonable to require a manufacturer, importer,
or distributor to know or reasonably anticipate a downstream use
if the chemical is used in a proprietary process that produces
derivatives that are trade secrets. Additionally, when a
manufacturer, importer, or distributor has recently learned new
information regarding downstream uses, CSHOs should refer to
paragraph (g)(5), which is not new to the HCS 2024, and allows
chemical classifiers three months to update SDSs after becoming
aware of new information regarding the hazards of a chemical. If
a manufacturer or supplier asserts it was unable to comply with
this provision of the standard by the compliance dates, the CSHO
must determine if the manufacturer has exercised reasonable
diligence and good faith efforts to comply with the terms of the
standard. See Section X.J.7. for further guidance.

• The quality and consistency of the data shall be considered.
Information on chemicals related to the material being classified shall
be considered as appropriate, as well as site of action and mechanism
or mode of action study results.

27
• Both positive and negative results shall be considered together in a
single weight-of-evidence determination.

• Positive studies which are consistent with the criteria for classification
will normally justify classification. See Appendix A of the standard,
chapter A.0.3.3.

• The specific bridging principles that can be used for each classification
are found in the appropriate sections of Appendix A of the standard.

• There is no requirement for testing to determine the classification;
however, the manufacturer or importer may test if so desired.

o While the HCS does not require testing of chemicals to determine
their individual hazards, such testing is allowed and some SDS
preparers may choose to do so.

o If a chemical manufacturer chooses to test a mixture as a whole,
the chemical manufacture may perform the full range of tests,
including tests to determine health risks and physical hazards, or
test certain properties of a chemical and rely on the literature for
others.

• Where impurities, additives or individual constituents of a substance
or mixture have been identified and are themselves classified, they
should be taken into account during classification if they exceed the
cut-off value/concentration limit for a given hazard class.

• Known intermediates and by-products are covered by the HCS and
must be addressed in the hazard classification.

• Decomposition products which are produced during normal
conditions of use or in foreseeable emergencies for the product (e.g.,
plastics which are injection molded, diesel fuel emissions) are
covered.

b. Carcinogenicity.

• The mandatory criteria for classification of a chemical for
carcinogenicity under HCS 2024 are found in Appendix A, chapter A.6
of the standard.

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• Unless OSHA has determined that the chemical is a carcinogen, these
classifications are to be based on all existing data, such as internal
documents, peer-reviewed published studies, and additional data
accepted by other agencies, e.g., National Institute for Occupational
Safety and Health (NIOSH) evaluations. Those chemicals that OSHA
has determined in Subpart Z to be carcinogenic shall be addressed
appropriately as carcinogens on labels and SDSs.

• The National Toxicology Program’s (NTP) Report on Carcinogens, or
the International Agency for Research on Carcinogens (IARC)
monographs may be used instead of the manufacturer or importer
performing their own weight-of-evidence classification. These
sources shall be treated as providing information to be used in the
weight-of-evidence decisions that are appropriate under the GHS-
aligned criteria.

• Use the information provided in Appendix F, part A of the standard
when checking the classification of carcinogens. Please see Appendix
C of this Instruction for more information on evaluation of
carcinogenicity.

• As discussed below, classification of mixtures has a specific order of
precedence; however, it does not apply to Carcinogenicity, Germ Cell
Mutagenicity and Reproductive Toxicity (see Appendix A of the
standard, chapter A.0, subparagraph A.0.4.2 and chapter A.6, for
Carcinogenicity).

c. Cut-off values/concentration limits.

• The HCS 2024 classification approach does not have one single cut-off
value for classification. Each physical or health hazard has its own
specified cut-off values for each specific category. See Appendices A
and B of the standard for each specific cut-off value. A partial list of
cut-off values can be found in Appendix B of this Instruction.

• When classifying mixtures the manufacturer or importer must use the
information contained in Appendices A and B of the standard.

• Regardless of whether the classification is based on testing of the
mixture as a whole or based on the hazards of individual ingredients,
information about the ingredients presenting health hazards must be
disclosed in Section 3 of the SDS when:

29
o Ingredients/components are present at or above the cut-offs.

o Ingredients/components are present below the cut-off value but
still present a health risk at the lower level, e.g., isocyanates that
are below the cut-off limit but can cause sensitization at the lower
concentration. Also, where a component present below the cut-
off may be released above an OSHA permissible exposure limit
(PEL) or American Conference of Governmental Industrial
Hygienists (ACGIH) Threshold Limit Value (TLV
®
).

• An employer may rely upon the hazard classification performed by
the chemical manufacturer or importer to satisfy paragraph (d)(1).

d. Intermediates.

• Manufacturers and importers must classify and create SDSs and labels
for intermediates that are formed in a discrete step in the process of
making the final product. This ensures that the employees are
protected and the information is available in the case of an
emergency. The manufacturer or importer must classify with the
available information.

o For example, in the process of creating chemical E that is formed
in two steps, A + B = C and C + D = E, the creation of C is a discrete
stopping point and can be isolated.

o Therefore, OSHA would require the creation of an SDS for C as
well as the SDS for E.

• Manufacturers and importers are not required to classify, label, or
create SDSs for intermediates that cannot be isolated as discrete
entities from the reactant materials. In other words, classification is
required for intermediates created in transition that have not
completely reacted and do not form a discrete product. An example
of this would be A+B makes C which continues to react with B to form
D. If C cannot be isolated, then OSHA would not require an SDS.

• Whoever performs the classification is responsible for the accuracy of
the information. The evaluation must assess the hazards associated
with the chemicals including hazards related to any anticipated or
known use or foreseeable emergency which may result in worker
exposure. Usually, the chemical manufacturer possesses knowledge

30
of hazardous intermediates, by-products, and decomposition
products that can be emitted by their product.

e. Specific Target Organ Toxicity (STOT) – Single Exposure (SE)/Repeated
Exposure (RE) classification.

• Mixtures containing from 1% to less than 10% of Category 1 STOT-SE
ingredients may be classified as Category 2 STOT-SE under the
following limited circumstances.

o A.8.3.1 of the standard allows for the classification of mixtures
under the criteria as used for substances. Where the classification
of the ingredients is based on animal data only (see A.8.2.1.6 of
the standard), the use of the guidance values in Table A.8.1 of the
standard is appropriate as a part of the total weight-of-evidence
approach.

o It may be appropriate, in light of the guidance values, to classify a
mixture containing from 1% to less than 10% of Category 1 STOT-
SE substances as a Category 2 STOT-SE hazard, where warranted
by the weight of evidence. Such a classification must be
consistent with all of the criteria in A.8.2.1 (“Substances of
Category 1 and Category 2”) of the standard, including
consideration of the severity of the effect observed. However, a
mixture containing 1% or more of a STOT ingredient must be
classified as a STOT hazard when classification is based solely on
the application of the guidance value and the dose concentration
in the mixture.

• Mixtures containing from 1% to less than 10% of Category 1 STOT-RE
ingredients may be classified as Category 2 STOT-RE under the
following limited circumstances.

o A.9.3.1 of the standard allows for the classification of mixtures
under the criteria used for substances. Where the classification of
the ingredients is based on animal data only (see A.9.2.6 of the
standard) the use of the guidance values in Tables A.9.1 and A.9.2
of the standard is appropriate as a part of the total weight-of-
evidence approach.

o It may be appropriate, in light of the guidance values, to classify a
mixture containing from 1% to less than 10% of Category 1 STOT-
RE substances as a Category 2 STOT-RE hazard, where warranted

31
by the weight of evidence. Such a classification must be
consistent with all of the criteria in A.9.2 (“Classification Criteria
for Substances”), including consideration of the severity of the
effect observed. However, a mixture containing 1% or more of a
STOT ingredient must be classified as a STOT hazard when
classification is based solely on the application of the guidance
value and the dose concentration in the mixture.

f. Petroleum streams have unique classification issues. The classification of
petroleum streams is outlined in Appendix D of this Instruction.

More information on the classification requirements can be found in
Appendices B, C, and D of this Instruction, and also in Appendices A and B of
the standard.

2. Inspection Guidelines.

a. The adequacy of a company's hazard classification should be assessed
primarily by examining the outcome of that classification, i.e., the
accuracy and adequacy of the information on labels and SDSs and, if
available, by reviewing the manufacturer's or importer’s hazard
classification procedures and calculations.

b. The hazard classification must include an assessment of all hazards. The
chemical manufacturer or importer must consider the potential
exposures that may occur when downstream employers use the product
and identify the hazards that may result from that use on the label
and/or SDS prepared for the product.

c. In the event there are questions concerning the adequacy of the scientific
data underlying a chemical manufacturer's hazard classification the CSHO
shall collect the information from the studies the manufacturer used to
classify the chemical(s), and the rationale the manufacturer or importer
used to determine the classification. The Area Director should then
contact the regional hazard communication coordinator, who then may
refer those findings to DSG or OTC for review, as necessary.

3. Citation Guidelines.

a. If the chemical manufacturer or importer has not classified the chemicals
produced or imported, (d)(1) should normally be cited.

32
b. If the chemical manufacturer or importer has not considered the full
range of scientific literature, e.g., ignoring the studies that do not support
their conclusions (such as not including a study showing reproductive
toxicity while including five other studies that do not show reproductive
toxicity), (d)(2) should normally be cited.

c. While performing inspections of manufacturers the CSHOs shall review
labels and SDSs. If discrepancies are noted or questions concerning the
classification arise, the CSHOs should contact the regional hazard
communication coordinator who will determine if DSG or the OTC should
be contacted. If the chemical manufacturer or importer has not properly
utilized Appendices A and B of the standard to classify the hazards of
mixtures, (d)(3)(i) should normally be cited.

d. When classifying mixtures, a chemical manufacturer or importer may rely
on the information provided on the SDSs for individual ingredients.
However, if the chemical manufacturer or importer knows, or by
exercising reasonable diligence should have known, that the information
provided on the SDS for those individual ingredients was misstated or
omitted, and relied on this information, (d)(3)(ii) should normally be
cited.

e. Where a manufacturer or importer has not adequately classified the
chemical or mixture, grouped citations for (d)(1) and (d)(2) (and (d)(3) if
for a mixture) should be considered.

f. In general, citations for hazard classifications should be cited as serious.

E. Written Hazard Communication Program, Paragraph (e).

In most cases, enforcement for the written program should not be affected by
the implementation dates of the revisions to the standard. However, if there are
changes to the written program based on updated information received from
manufacturers, importers or distributors, employers must update programs by
November 20, 2026, for substances and May 19, 2028, for mixtures.

1. Program Coverage, (e)(1).

a. All employers with employees who are or are potentially exposed to
hazardous chemicals known to be present in their workplaces, must
develop, implement, and maintain at each workplace a written hazard
communication program that includes labeling and other forms of
warning (f), safety data sheets (g), and training (h).

33

b. Programs must be developed whether the employer generates the
hazard or the hazard is generated by other employers.

2. Multi-Employer Worksites, (e)(2).

a. On a multi-employer worksite, the CSHOs should refer to enforcement
policies for multi-employer worksites in the FOM and CPL 02-00-124,
Multi-Employer Citation Policy.

b. The HCS obligates all employers, including those on multi-employer
worksites who may expose their employees or employees of other
employers (e.g., temporary workers and contractors) to hazardous
chemicals, to develop a written program.

c. An employer on a multi-employer worksite must include the methods
they will use in their program to provide other employers with on-site
access to SDSs. This covers each hazardous chemical to which the other
employers' employees may be exposed. Therefore, an employer does not
have to physically provide the other employer the SDSs but rather must
inform others of the location where the SDSs will be maintained. (e.g., in
the general contractor's trailer). The HCS allows employers to decide on
the method of information exchange.

3. Program Access, (e)(4).

a. HCS does not specify how the program is to be maintained, but it does
specify that employees must have access to the written hazard
communication program. Therefore, the employer may maintain the
program either on paper or in electronic format, if the program meets all
other requirements of the standard.

b. The employer must ensure that employees know how to access the
document and that there are no barriers to employees’ access (e.g.,
storage in a locked room/cabinet/computer).

4. Inspection Guidelines for the Written HCS Program.

CSHOs must review the written program to ascertain whether all applicable
requirements of paragraph (e), (f), (g), and (h) are covered and have been
implemented in the workplace in addition to observing possible violations
while conducting the walkaround. The written program must address the
following items:

34

a. Paragraph (e)(1)(i) - Chemical Inventory.

• The inventory must have a product identifier for each chemical
known to be present that aligns with the SDS and label.

• The inventory can be for the entire facility or for individual work
areas.

• The inventory must include all chemicals present (even if the
chemicals are stored/not in use).

b. Paragraph (e)(1)(ii) -Non-Routine Tasks/Unlabeled Pipes.

The program must cover the methods the employer will use to inform
employees of the hazards in non-routine tasks, and the hazards
associated with chemicals contained in unlabeled pipes in their work
areas.

c. Paragraph (e)(2) - Multi-Employer Worksites.

• Paragraph (e)(2)(i) - Method(s) to provide the other employers on-site
access to SDSs for each hazardous chemical the other employer(s)’
employees may be exposed.

• Paragraph (e)(2)(ii) - Method(s) to inform other employers about any
necessary precautionary measures to protect employees.

• Paragraph (e)(2)(iii) - How to inform other employer(s) about the
labeling system used.

d. Paragraph (e)(4) - Availability of the Program to Employees, Employee
Representatives, NIOSH, and OSHA Representatives upon request, and in
accordance with 29 CFR 1910.1020, Access to Employee Exposure and
Medical Records.

e. Paragraph (f) - Labels and Other Forms of Warning; this must include:

• Designation of the person(s) responsible for labeling on shipped
containers.

• Designation of the person(s) responsible for workplace labeling.

35

• Description of labeling system(s) used.

• Description of alternative to labeling for workplace containers, where
applicable.

• Procedures to review and update label information when necessary
(for employer’s workplace labeling and for shipped container labels).

f. Paragraph (g) - Safety Data Sheets.

• Designation of the person(s) responsible for obtaining/maintaining
the SDSs.

• How the data sheets are to be maintained (e.g., available on
computer, in notebooks in the work area(s), in a pick-up truck at the
jobsite, via third party maintainer); procedures on how to retrieve
SDSs electronically, including back-up systems to be used in the event
of failure of the electronic equipment; and how employees obtain
access to the SDSs.

• Procedure to follow if the SDS is not received at the time of the first
shipment.

• Procedure to follow if it is suspected that the SDS does not include all
of the required information (e.g., missing chemical ingredients or
hazards).

• Procedure to follow to determine if the SDS is current.

• For chemical manufacturers or importers, procedures for updating
the SDS when new and significant health information are found.

g. Paragraph (h) – Training.

• Designation of the person responsible for conducting the training.

• How the training is to be conducted (e.g., written, visual presentation
using multi-media, verbal).

36
• The required elements of the training program. The program must
address the duties in (h)(1) through (h)(3), including how to train
employees in a language and at a literacy level they understand.

• Procedure to train new employees at the time of their initial
assignment and to train employees when a new hazard is introduced
into the workplace.

• Procedure to train employees when they are potentially exposed to
chemicals used by other employers, multi-employer worksites.

5. Citation Guidelines.

a. When evaluating an employer’s hazard communication program the
CSHO must determine if the employer has fulfilled all of the requirements
of the program but has not put it in writing, has no program and has not
implemented specific parts of the HCS, or has an inadequate written
program.

• Generally, all violations of paragraph (e) should be grouped with the
violated element(s) listed in the subparagraphs of (e) and/or
violations of paragraphs (f), (g), and (h) as appropriate, since (e)(1) is
the only provision under paragraph (e) which addresses the
development, implementation, and maintenance of the written
hazard communication program.

• If an employer has done nothing to comply with the HCS, citations for
violations of paragraphs (e), (f), (g), and (h) of the standard may be
issued as separate items, with separate penalties. Normally these
employers should be cited for violations of (e)(1), (f)(6), (g)(1) and
(h)(2) & (3).

• Where employees are exposed or potentially exposed to a hazardous
chemical, and labeling, SDS, chemical inventory, and training
requirements are met, but there is no written program, a citation for
(e)(1) should not be issued, as it is considered a de minimis violation.

• If an employer has not developed a written hazard communication
program and has not implemented the other parts of the HCS, a
citation should normally be issued for (e)(1) and grouped with the
section(s) of the standard that the employer is not complying with,
e.g., not maintaining SDS, (g)(8).

37

• If the employer has developed a written hazard communication
program but the program does not cover all the required elements or
is deficient in one or more element(s), that specific element(s) should
be cited, e.g., (e)(1)(i) when the employer has not developed a
chemical inventory.

b. Employers in multi-employer worksites must include information in their
program concerning SDS access, precautionary measures and workplace
labeling.

• Employers (e.g., a general contractor) who do not use hazardous
chemicals, but whose employees are exposed to the chemicals used
by other employers, are required to have a program and train their
employees on the hazards of the chemicals in the work areas. If an
employer fails to comply with this, CSHOs should normally cite
paragraphs (e)(1) and appropriate sections of (h), Training.

• A citation for (e)(2)(i) should normally be issued if an employer fails to
include the methods by which the employer will inform other
employers about on-site access to SDSs.

• A citation for (e)(2)(ii) should normally be issued if an employer fails
to include the methods for informing other employers about
precautionary measures needed.

• A citation for (e)(2)(iii) should normally be issued if an employer fails
to include the methods by which the employer will inform other
employers about the workplace labeling system used.

c. The employer is required to provide the written program to employees,
their designated representatives, the Assistant Secretary for OSHA, and
the Director of NIOSH upon their request, in accordance with 29 CFR §
1910.1020, Access to Employee Exposure and Medical Records. This
requirement means that the employer must provide a copy of the written
program within the time periods discussed in 29 CFR § 1910.1020 (i.e., no
later than 15 working days after the request for access is made). If the
employer does not comply, citations may be issued for 29 CFR §
1910.1200(e)(4).

d. All citations related to an employer’s HCS written program should be
cited in accordance with CPL 02-00-111, Citation Policy for Paperwork

38
and Written Program Violations, Section G.5. Citations shall generally be
issued as serious unless otherwise noted.

F. Labels and Other Forms of Warning, Paragraph (f).

1. General Labeling Requirements.

a. Where necessary to comply with HCS 2024, manufacturers, importers,
and distributors must update labels for substances by May 19, 2026, and
labels for mixtures by November 19, 2027. Where there were such
changes, employers must update workplace labels for substances by
November 20, 2026 and for mixtures by May 19, 2028.

b. During the classification process, the manufacturer, or importer, or
distributor will determine the appropriate classification and category of a
product. This will result in the required elements: precautionary
statements, hazard statements, pictograms and the signal word
(“Danger” or “Warning”), to be placed on the label. A few classifications
do not result in the use of a signal word. All the label elements for each
hazard class can be found in Appendix C of the standard.

c. All labels must be in English; however they can be provided in other
languages as well.

d. The manufacturer, importer or responsible party name on the label must
be the same as on the SDS.

e. OSHA does not specify the format of the label, just the minimum
information required on the label. A manufacturer, importer or
distributor may add supplemental information to a label, as long as it
does not lead to unnecessarily wide variation or undermine the required
information.

Supplemental information need not be physically separated from the
required information on the label; however, paragraph C.3.2 of Appendix
C of the HCS 2024 provides that the placement of supplemental
information must not impede identification of the information required
by HCS 2024.

f. Quality control samples taken in a plant must be labeled, tagged, or
marked unless the person taking the sample is also going to be
performing the analysis, and thus the sample would come under the
portable container exemption under paragraph (f)(8). A hand-written

39
label may be utilized as long as the required label information is present.
This may be done under paragraph (f)(1) or (f)(6) depending on the
circumstance.

g. Labels must be prominently displayed and in English. Labels must be
legible without the use of any aid (except corrective lenses if the person
reading the label normally has to wear glasses). Therefore, if the label is
not legible, the label is out of compliance with (f)(2) (for
manufacturer/importer labels) or (f)(10) (for workplace labels).

h. A hazard not otherwise classified (HNOC) is not required to be noted on
the label but may be included as supplementary hazard information.

i. The manufacturer, importer, or distributor can also choose to list the
environmental effects and use the environmental pictogram on the label,
if applicable, so long as the additional information does not impede the
required information.

j. OSHA does not approve or endorse labels. The use of wording such as
“OSHA certified/approved/compliant” on an HCS label is prohibited.

k. For additional guidance, see OSHA Brief, Hazard Communication
Standard: Labels and Pictograms.

2. Shipped Containers.

Manufacturers, importers, and distributors are required to ensure that each
container of hazardous chemicals is appropriately labeled. Hazards not
otherwise classified (HNOC) and hazards identified and classified under
(d)(1)(ii) do not have to be addressed on the container (but shall be
addressed in Section 2 of the SDS). Labeling requirements apply for shipped
containers leaving the workplace regardless of whether the intended
destination is interstate or intrastate. Shipped container labels must include:

a. Paragraph (f)(1)(i) - Product Identifier (this must correlate to the SDS).

b. Paragraph (f)(1)(ii) - Signal Word, i.e., Danger or Warning.

“Danger” and “Warning” are the only signal words allowed. The use of
any other signal-type word is not in compliance with paragraph (f)(1)(ii).
Only one signal word is allowed on the label, see Appendix C, C.2.1.1 of
the standard.

40
c. Paragraph (f)(1)(iii) – Hazard Statement(s).

• If the chemical manufacturer or importer can document that all or
part of the hazard statement is not appropriate then the
manufacturer or importer may omit that portion or that statement.
See Appendix C, C.2.2.2 of the standard.

• The manufacturer or importer may combine hazard statements to
save space and improve readability so long as all the required hazard
information is conveyed. See Appendix C, C.2.2.1 of the standard.

d. Paragraph (f)(1)(iv) - Pictogram(s).

• A list of the pictograms is in Appendix F of this Instruction.

• Pictograms on shipped containers must have a white background
with a red border.

• The size of the pictogram must be “sufficiently wide to be clearly
visible.” See Appendix C, C.2.3.1 of the standard.

• Labels may not contain blank diamonds (red borders with no symbol).

• Blacked out pictogram borders are compliant with the requirements
of HCS 2024 as they are not a "square red frame set at a point
without a hazard symbol." However, if a blank red frame is not fully
covered or filled in, the label is not in compliance.

• The exclamation mark pictogram is permitted (but not required) for
HNOCs as long as the words “Hazard Not Otherwise Classified” or the
letters “HNOC” appear below the pictogram.

• A particular pictogram may only appear on a label once, even if
multiple classifications use the same pictogram and the product’s
classification would result in the same pictogram for multiple hazards.
See Appendix C, C.2.3.4 of the standard.

o For example, if a chemical is classified as a STOT Category 1 and
the chemical is also toxic to reproduction, the health hazard
pictogram shall appear only once.

41
o Where a product label was to have multiple, identical, HCS
pictograms, a user might incorrectly assume that the product is
more hazardous than another product that is labeled with one
pictogram; therefore, multiple, identical, HCS pictograms are not
in compliance with the HCS.

e. Paragraph (f)(1)(v) - Precautionary Statement.

• Precautionary statements are required to be written out. It is not
adequate to reference the GHS precautionary statement number.
The precautionary statements for each hazard category are listed in
Appendix C of the standard.

• With a few exceptions, all precautionary statements must be included
on the label (Note: The European CLP (classification, labelling and
packaging regulation) allows no more than six precautionary
statements).

Several exceptions are listed below:

o Precautionary statements may incorporate minor textual
variations from the text prescribed in Appendix C if these
variations assist in communicating safety information (e.g.,
spelling variations, synonyms or other equivalent terms) and the
safety advice is not diluted or compromised. Any variations must
be applied and used consistently on the label and in SDS. See
Appendix C, C.2.4.7 of the standard.

o Where a chemical is classified for a number of hazards, and the
precautionary statements are similar, the most stringent must be
included on the label. See Appendix C, C.2.4.8 of the standard.

o In some cases, the precautionary statement is not appropriate for
the hazard, and following the precautionary statement will result
in an increased hazard (e.g., treating someone exposed to a
water-reactive chemical by wrapping the area in wet bandages).
If the labeler has omitted a precautionary statement on the
grounds that it is not appropriate, the labeler must be able to
provide adequate information supporting its claim. If the
supporting claim is adequate, no citation shall be issued for the
omission.

42
• Where a substance or mixture is classified for a number of health
hazards, this may trigger multiple precautionary statements relating
to medical response, e.g., calling a poison center/doctor and getting
medical advice/attention.

In general, the following principles should be applied:

o Where the classification of a substance or mixture triggers several
different precautionary statements, a system of prioritization
should be applied. Usually, the label needs only to include one
precautionary statement reflecting the response at the highest
level with the greatest urgency, which should always be combined
with at least one route of exposure or symptom “IF” statement.

o Routes of exposure, including “If exposed or concerned,” may be
combined when triggered with a medical response statement. If
the response statement is triggered with three or more routes of
exposure, “If exposed or concerned” may be used. However,
relevant “If” statements describing symptoms must be included in
full. If a route of exposure is triggered multiple times, it need only
be included once.

o This does not apply to “Get medical advice/attention if you feel
unwell” or “Get immediate medical advice/attention” when they
are combined with an “If” statement and must appear without
prioritization. See Appendix C, C.2.4.10 of the standard

• In some cases, the precautionary statement for health hazards, “store
locked up,” may not be appropriate for a particular chemical. If the
labeler can document that a chemical will never present the hazard
during storage, but only during use or processing, this precautionary
statement may be omitted.

• If a downstream user has a question about the presence or absence
of a precautionary statement, the user should contact the
manufacturer or importer or responsible party for further
information.

• It is not acceptable for a manufacturer, importer or responsible party
to omit a precautionary statement without data or based only on
anecdotal evidence.

43
• The precautionary statements can be arranged by the manufacturer,
importer or distributor to create an order of preference; however, all
precautionary statements must be listed except as otherwise
provided in Appendix C, C.2.4.5, C.2.4.6 and C.2.4.9 of the standard.

• Precautionary statements may be combined to save space and
improve readability. See Appendix C, C.2.4.6 of the standard.

• In Appendix C of the standard, the precautionary statements are
broken out into, “Prevention”, “Response”, “Storage” and “Disposal,”
and listed in four columns. All four types/columns listed are
precautionary statements and all must be included on the label (with
the exceptions listed above).

• In Appendix C of the standard three full stops symbol “...” on
precautionary statements is to indicate that all applicable conditions
are not listed, and the classifier is to fill in the appropriate
information, e.g., the route of exposure.

• The backslash or diagonal symbol “/” is used in Appendix C of the
standard to indicate that the classifier is to choose one of the
precautionary statement options, e.g., “wear protective clothing/eye
protection” could be either “wear protective clothing” or “wear eye
protection” or “wear eye protection and protective clothing.”

• The square bracket symbol “[ ]”, in Appendix C of the standard,
indicates a section of a precautionary statement that may not be
appropriate for all situations and the classifier must choose whether
it is appropriate.

f. Paragraph (f)(1)(vi) - Name, U.S. address and U.S. telephone number of
the chemical manufacturer, importer, or other responsible party.

• The U.S. phone number listed must be reachable, and the person
answering the phone must be able to respond to questions in English.

• The phone number does not have to be a 24-hour emergency
number.

• The U.S. address must either be the mailing address (P.O. Box may be
used) or the physical location of the company. A web address may
not be used in place of a physical or mailing address but may be

44
included as supplemental information. The company name and
address must be the same as that on the SDS.

g. Supplemental Information.

May be included on the label as long as it does not cast doubt or
contradict the validity of the label information required by HCS 2024 or
impede the user’s ability to identify the information required by HCS
2024. Therefore, any information, such as the Hazardous Materials
Identification System (HMIS) or NFPA, can be included as long as it does
not cast doubt or contradict the validity of the label information.

3. Paragraph (f)(5) - Department of Transportation (DOT) Labeling:

a. Paragraph (c), defines pictogram as “a composition that may include a
symbol plus other graphic elements, such as a border, background
pattern, or color, that is intended to convey specific information about
the hazards of a chemical.” The DOT requires diamond-shaped placards
(labels) containing hazard symbols for the transport of chemicals.
Therefore, because DOT labels contain symbols, they are considered
pictograms under HCS 2024.

b. During transportation, the DOT label requirements take precedence over
the requirements of HCS 2024, as indicated in (f)(5). Paragraph (f)(5)(iii),
of the standard, states: “Where a pictogram required by the Department
of Transportation under Title 49 of the Code of Federal Regulations
appears on a shipped container, the pictogram specified in C.4 for the
same hazard is not required on the label.” This acknowledges that it is
optional to include the HCS pictogram and the DOT regulations allow for
GHS pictogram(s) to be on the shipped container.

• For example: If a chemical is shipped in its immediate container (e.g.,
a 55-gallon drum) it is required to have both DOT and HCS labels. In
such scenario, where the chemical’s classification requires pictograms
under both DOT and OSHA requirements, the manufacturer or
importer has two options:

• The manufacturer, importer, or distributor may choose to display only
the DOT pictogram for the hazard on the label, or

• The manufacturer, importer, or distributor may choose to display
both the DOT pictogram and the HCS pictogram for the hazard on the
label.

45

• For hazards where DOT requires no pictograms (e.g., carcinogens),
HCS pictograms must appear.

c. Bulk Shipment Labeling (i.e., tanker truck, rail car, or intermodal
container).

• In situations where a tank truck, rail car, or intermodal container
comprise the container for the hazardous chemical, the labeling
information must either be on the immediate container, transmitted
with the accompanying shipping papers or the bills-of-lading, or, with
the agreement of the receiving entity, transmitted by technological or
electronic means so that it is immediately available to workers in
printed form on the receiving end of shipment. 29 CFR
1910.1200(f)(5)(ii). See DOT/OSHA joint guidance and OSHA letter of
interpretation to Ms. Sarah J. Sorenson (November 9, 2022).

(Note the exemption in (f)(4)(i) for solid metals, plastic items,
shipments of whole grain, and solid wood (i.e., untreated lumber)).

• If a manufacturer, importer, or distributor uses electronic
transmission of product labels for bulk shipments, they must ensure
the downstream user/recipient chooses to "opt-in" to accept the
electronic transmission of product labels for bulk shipments into their
hazard communication program. A downstream user/recipient may
choose to "opt-out" of an electronic distribution system from a
manufacturer, importer, or distributor at any time. If a downstream
user/ recipient does opt out, the manufacturer, importer, or
distributor must then ensure a product label on each bulk shipment is
in accordance with 29 CFR § 1910.1200(f)(1) or provide a hard copy of
the product label with shipping papers or bills of lading.

• If the tanker truck or railroad tank car is stored (wheels chocked and
cab/engine disconnected from the tanker/rail car) prior to offloading,
the requirements of HCS apply and the labels must comply with (f)(7).
(OSHA is allowing this to be labeled as a stationary process container).

• If a tanker truck or railroad tank car that is labeled in accordance with
the DOT labeling requirements arrives at a facility and is offloaded
into a storage tank, without storage of the tanker truck or railroad
car, the DOT labeling would be sufficient on the tanker truck or
railroad car. However, the employer must then ensure the storage
tank is labeled appropriately.

46

• If the tanker truck or railroad tank car becomes part of the process
(e.g., hooked up to the piping system, used as a process container), it
must be labeled in accordance with paragraph (f)(7). OSHA is allowing
this to be labeled as a stationary process container.

• If the tanker truck or railroad tank car is used as a transport container
in-house (e.g., internal railroad car system), (f)(7) does not apply and
the container must be labeled in compliance with the workplace
labeling rules in (f)(6)(i) or (ii), as the container is no longer stationary.

4. Paragraph (f)(6) - Workplace Labels (sometimes called secondary, internal or
in-house labels

a. Employers must update workplace labels by November 20, 2026 for
substances and May 19, 2028 for mixtures when there are classification
changes from the manufacturer, importer or distributor. Workplace
labels must include:

• Either the information in paragraph (f)(1)(i) through (f)(1)(v) as
specified in (f)(6)(i); or,

• Product identifier and words, pictures, symbols, or a combination
thereof, providing general information on the hazards of the
chemicals, and which, in conjunction, with other information
immediately available to employees under the hazard communication
program, will provide employees with the specific information
regarding the physical and health hazards of the hazardous chemical,
(f)(6)(ii). If symbols are used they must not contradict the
pictograms, or use of the wrong symbol for a given hazard (e.g., using
the symbol for oxidizers to signify carcinogens).

• Employers using alternative labeling systems must ensure that their
employees are aware of all information required to be conveyed
under the HCS. OSHA will make a plant-specific determination of the
effectiveness of the complete program when an inspection is
conducted. Any employer who relies on one of these types of
alternative labeling systems, instead of using labels containing
complete health effects information will - in any enforcement action
alleging the inadequacy of the labeling system - bear the burden of
establishing that it has achieved a level of employee awareness which
equals or exceeds that which would have been achieved if the

47
employer had used labels containing complete health effects
information (59 FR 6156).

• The key to evaluating the effectiveness of any alternative labeling
method is to determine whether employees can correlate the visual
warning on the in-plant container with the applicable chemical and its
appropriate hazard warnings. The alternative labeling system must
also be readily accessible to all employees in their work area
throughout each work shift. For purposes of this provision, the term
“other information immediately available” does not include safety
data sheets used in lieu of labels.

b. Pictograms.

• The workplace (i.e., in-house) label does not need to include the
pictogram or a description of the pictogram.

• If a pictogram is used, it can be used with a black border. This is
acceptable ONLY for in-house labels.

c. Precautionary statements and hazard statements may be used on the in-
house labels but are not required.

d. Rating Systems.

• The NFPA or HMIS rating systems do not directly correlate with the
HCS classifications (e.g., the NFPA rating of 1 (“low”) does not
correlate with HCS classification of 1 (“high”)) (See OSHA Quick Card
Comparison of NFPA 704 Labels and HazCom 2024 Labels). However,
the HMIS or NFPA system may be used as part of an employer’s
workplace labeling system, if used in accordance with the NFPA and
HMIS guidelines and as long as it does not cast doubt or contradict
the validity of the label information. Employers must ensure that their
training program instructs employees on how to use and understand
the alternative labeling systems so that employees are aware of the
effects of the hazardous chemicals to which they are potentially
exposed. CSHOs should determine whether workers can recognize
what hazards correspond to what code ratings/symbols. This can be
achieved through employee interviews.

• Workplace labels must include the product identifier and general
information regarding all of the hazards of the chemical(s) even when
using the NFPA or HMIS system. In some cases, all hazards are not

48
addressed by a particular rating system (e.g., chronic health hazards),
and therefore, hazards not addressed must be communicated by
words, pictures, symbols, or a combination thereof in addition to the
NFPA or HMIS rating system. If any of the required label information
is missing, it is not compliant with the standard.

e. If a material received was shipped under the (f)(4) solid materials special
label transmission rules, the workplace labeling requirements in (f)(6)
would begin only once the chemical is brought into the work area where
it will be processed in a way to create a hazardous condition, e.g.,
combustible dust.

• If the chemical will first be placed in a stationary process container
(e.g., grinder) where it will be processed in a way that creates a
combustible dust hazard, the downstream user would be required to
label the stationary process container with the Section
1910.1200(f)(6) label, or may comply with the alternative labeling
methods provided by Section 1910.1200(f)(7), and need not label the
shipping container.

• If the chemical will first be placed in a non-stationary process
container where it will be processed in a way that creates a
combustible dust hazard, the downstream user would be required to
label the non-stationary process container with the Section
1910.1200(f)(6) label, but not the shipping container.

f. The workplace labeling requirements in (f)(6) apply only to chemicals that
are in containers. Therefore, items which may be hazardous but are not
in containers do not need to have workplace labeling. Some of these
products may be received under the (f)(4) solid materials labeling
exemption.

• Individual boards or pipes that might create a combustible dust hazard
when cut do not need to be labeled under (f)(6).

• The employer has other responsibilities under HCS 2024 for products
not requiring workplace labels, including training, maintaining SDSs,
and providing SDSs to employees.

5. Stationary Process Containers.

a. Employers may use, for example, signs, placards, process sheets, batch
tickets or operating procedures instead of affixing labels to individual

49
stationary process container. The alternative method must identify the
container(s) to which it is applicable and convey the information required
by paragraph (f)(6).

b. The employer must ensure that the written material (e.g., batch sheets)
is readily available to each employee in the work area during their work
shift.

6. Paragraph (f)(11) - Label Updates.

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.

If the chemical is not currently produced or imported, the chemical
manufacturer, importer, distributor, or employer shall add the information to
the label before the chemical is shipped or introduced into the workplace
again.

7. Paragraph (f)(12) – Small Container Labeling (e.g., small vial, bottle, tube).

a. Paragraph (f)(12)(i) - This paragraph (f)(12) applies where the chemical
manufacturer, importer, or distributor can demonstrate that it is not
feasible to use pull-out labels, fold-back labels, or tags containing the full
label information required by paragraph (f)(1) of this section. OSHA will
evaluate, on a case-by-case basis, the infeasibility to provide the full label
information when labeling smaller containers. This evaluation will be to
determine compliance of a specific container and not as an approval of a
specific labeling system. OSHA does not consider an increase in cost for
the use of tags, fold-back labels, or pull-out labels an acceptable reason
not to provide the full label information required by (f)(1).

b. Paragraph (f)(12)(ii) - For a container less than or equal to 100 ml
capacity, the chemical manufacturer, importer, or distributor must

50
include, at a minimum, the following information on the label of the
container:
• Product identifier;
• Pictogram(s);
• Signal word;
• Chemical manufacturer’s name and phone number; and
• A statement that the full label information for the hazardous chemical
is provided on the immediate outer package.

c. Paragraph (f)(12)(iii) - For a container less than or equal to 3 ml capacity,
where the chemical manufacturer, importer, or distributor can
demonstrate that any label interferes with the normal use of the
container, no label is required, but the container must bear, at a
minimum, the product identifier.

d. Paragraph (f)(12)(iv) - For all small containers covered by paragraph
(f)(12)(ii) or (iii) of this section, the immediate outer package must
include:

• The full label information required by paragraph (f)(1) of this section
for each hazardous chemical in the immediate outer package. The
label must not be removed or defaced, as required by paragraph (f)(9)
of this section.

• A statement that the small container(s) inside must be stored in the
immediate outer package bearing the complete label when not in
use.

The immediate outer package, at a minimum, must comply with the
following:

• All the applicable label elements, as defined in (f)(1).

• The immediate outer package described above is the first package
(e.g., bag, box) enclosing the small container of the hazardous
chemical; it does not refer to the exterior shipping container.

• This outer package must be clearly marked to ensure the complete
label elements are visible, and it must clearly inform users that the
small container must be stored in the outer container bearing the

51
complete label. The complete label must be maintained on the outer
package (e.g., not torn, defaced, destroyed).

• The manufacturer must ensure that the requirement to store the
chemicals in its outer packaging will not result in a conflict with
another standard. For instance, under 1926 Subpart F, combustible
material may not be stored in a flammable locker.

8. Special Labeling.

a. Combustible Dust labeling.

• If the hazardous chemical, in the container, in its shipped form, is a
combustible dust (e.g., flour, aluminum powder, carbon black), then it
must be labeled in accordance with the standard.

• Under Appendix C, C.4.31, footnote 2, if a material is a solid or a
liquid when shipped and the only HCS 2024 hazard is combustible
dust when the material is processed in a downstream workplace,
then the manufacturer or importer may comply with the labeling
rules of (f)(4). See further discussion of (f)(4) below under labeling of
solid materials.

b. Consumer Product Safety Commission (CPSC) labeling:

• Hazardous chemicals that are “consumer products” under the
Consumer Product Safety Act or a “hazardous substance” under the
Federal Hazardous Substances Act and subject to the labeling
requirements of those laws are exempt from HCS labeling under
paragraph (b)(5)(v).

• CPSC labels often do not contain all the hazard information relevant
to worker exposure, therefore a product containing both the CPSC
label information and the HCS 2024 hazard information must be
labeled so as to avoid contradicting or casting doubt on the hazard(s)
of the chemical to workers who may use it. HCS label information
may also be present as long as the HCS information does not cast
doubt or cause confusion.

• See X.C.7. of this Instruction for a definition of Consumer Products.

c. Food and Drug Administration (FDA) labeling:

52
CSHOs finding unlabeled designated medical gas cylinders should refer
this issue to the FDA.

d. Kits.

• Some items are sold as individual components within a kit (e.g., a
fiberglass repair kit contains multiple items: fiberglass resin and liquid
hardener).

• Each individual container of hazardous chemicals in a kit must have its
own SDS and each chemical must be labeled on the container
according to the requirements of (f)(1).

e. Solid Materials.

• For solid metal, solid wood, and plastic items that are not exempted
as articles, whole grain, and in the circumstances noted in the second
part of footnote 2 to Appendix C, C.4.31, the requirements of the HCS
apply.

• For each shipment of these materials there is a limited labeling
exemption under (f)(4). A label can be provided prior to or with the
first shipment. The label does not need to be transmitted for
subsequent shipments. If the information on the label changes, the
first shipment following the change must include an updated label.

• Materials which may create a combustible dust when processed may
use the (f)(4) limited labeling exemption. See March 4, 2014 letter of
interpretation to the American Petroleum Institute (API).

f. Portable Containers

Portable containers do not need to be labeled if the hazardous chemicals
were transferred from a labeled container, and which are intended only
for the immediate use of the employee who performs the transfer.

9. Inspection Guidelines for Labeling.

a. CSHOs must determine that containers are labeled with the appropriate
information, that the labels are legible, and that the labels are
prominently displayed.

b. Labels must be in English but may also be printed in other languages.

53

c. The CSHO must determine whether the product identifier can be cross-
referenced with the SDS and to the inventory list of hazardous chemicals.

d. CSHOs must evaluate the effectiveness of workplace (in-house) labeling
systems. This includes review of training, SDS procedures, and employee
interviews (to determine their knowledge of chemical hazards in the
workplace). An effective labeling system is one that ensures that
employees are aware of the hazardous effects of the chemicals to which
they are potentially exposed.

e. Based on the requirements of (f)(1) and the definition of container, the
label must be attached to the immediate container of the hazardous
chemical (labeling for small containers and kits are discussed above).

f. CSHOs must evaluate alternative labeling provisions for containers which
are difficult to label (e.g., small, odd shape) and the employer can show
that it is not feasible to comply with the requirements of (f)(1) using pull-
out labels, fold-back labels, or tags. The requirements for labeling small
containers (paragraph (f)(12) of the standard) may be found in Section
X.F.7. of this Instruction.

g. Guidelines for referrals regarding inadequate labels are dealt with in
Appendix G of this Instruction.

10. Citation Guidelines for Labeling.

Citations shall generally be issued as serious unless otherwise noted.

a. Chemical manufacturers, importers, and distributors shall be cited for the
specific subsection(s) of paragraph (f)(1) for missing required sections of
container labels.

• Downstream users shall not be cited for deficiencies in
manufacturers’, importers’, or distributors’ labeling.

• If deficiencies are noted on a manufacturer’s or importer’s label
during an inspection, the CSHO should make a referral to the Area
Office that has jurisdiction over the manufacturer’s location. See
Appendix G of this Instruction for a discussion of referral procedures
and a sample letter to be sent to manufacturer(s) or importer(s).

54
b. If the company name is different on the SDS and the label, the citation
shall be issued to the company who most recently put their name on the
label or SDS. For example, if the company is repackaging a material and
putting their name on the label but not on the SDS, the citation would be
against the repackager and not the company on the SDS. In this instance,
all citations related to the SDS and label would be issued to the
repackager.

c. A citation for labeling under (f)(1)(iv), referencing Appendix C, paragraph
C.2.3.4., may be issued to the manufacturer or importer if the same
pictogram is repeated multiple times.

d. The employer may be cited for paragraph (f)(6)(ii) if workplace (in-house)
containers of chemicals are not labeled or if the container is missing
information such as the product identifier or hazard description. If the
employer chooses to comply with the workplace labeling requirements
by using the information from (f)(1)(i) through (f)(1)(v), but does not
include all the information or incorrectly includes the information from
the shipped containers, the employer may be issued citations under
paragraph (f)(6)(i).

e. If the employer is labeling portable containers under the stationary
process container labeling requirements, citations shall be issued under
(f)(6)(ii).

f. If stationary process containers cannot be identified by the alternative
method or are not labeled; if the alternative method does not convey the
information required by (f)(6) to be on the label; and/or the stationary
process containers are identified but the written material is not readily
accessible to employees, (f)(7) shall be cited.

g. The removal or defacing (e.g., partial covering of the label by paint) of
incoming labels (shipped container labels) shall be cited under paragraph
(f)(9). However, if the container is immediately marked with the required
information, (f)(9) may not be cited.

h. The employer shall be cited for paragraph (f)(10) if the in-house labeling
is not legible (e.g., font size too small), written only in a language other
than English, or not prominently displayed on the container/readily
available in the work area.

i. When a CSHO is inspecting a manufacturer, importer or a distributor who
has become the responsible party and discovers the labels were not

55
updated within six months of becoming aware of new information, a
citation shall be issued for (f)(11)(i). A distributor becomes responsible if
it has altered the manufacturer’s or importer’s SDS or label. If the CSHO
is inspecting an employer and the workplace labels have not been
updated within six months of the employer becoming aware of new
information (e.g., new information on the shipped container label), a
citation shall be issued for (f)(11)(i). Manufacturers, importers,
distributors, or employers may choose not to relabel chemicals that have
been released for shipment and are awaiting future distribution. If they
do not relabel the containers, they must provide the updated label for
each individual container with each shipment. If the updated label was
not provided with each shipment, a citation for (f)(11)(i) should normally
be issued.

G. Safety Data Sheets (SDSs), Paragraph (g).

1. General Requirements.

a. Chemical manufacturers, importers, and distributors must update SDSs
for substances in accordance with the HCS 2024 by May 19, 2026, and
November 19, 2027, for mixtures.

b. Where a manufacturer, importer, or distributor has asserted that it was
unable to comply with the compliance date due to circumstances beyond
their control, the CSHO must determine if the manufacturer, importer, or
distributor has exercised reasonable diligence and good faith efforts to
comply with the terms of the standard. The CSHO must review its overall
efforts and action(s) taken to comply with HCS 2024. Upon request from
a CSHO, a manufacturer, importer, or distributor must provide
documentation of any and all efforts to:
• Obtain classification information and SDSs from upstream suppliers;
• Find hazard information from alternative sources (e.g., chemical
registries); and,
• Classify the data themselves.

c. Manufacturers and importers must update their SDSs to an HCS 2024-
compliant SDS within three months from the date it has or receives all of
the hazard information for the ingredient(s). The manufacturer or
importer must provide the HCS 2024-compliant SDS downstream with
the next shipment of the chemical and when requested by a distributor
or employer. The chemical manufacturer or importer must not wait to

56
create all of its SDSs all at once. Where a chemical manufacturer or
importer has not developed an HCS 2024-compliant SDS within three
months of receiving the necessary hazard information, a citation for a
violation of 1910.1200(g)(5) shall be considered. Related violations of
1910.1200(d)(1), (d)(2), and (d)(3)(i) may also be considered.

d. The standard requires chemical manufacturers and importers to develop
or obtain an SDS for each hazardous chemical they produce or import
that includes the sections and headings, and associated information
under each heading in the order listed as found in Appendix D of the
standard.

e. The SDS must be provided and maintained in English. However, the SDS
may be translated into other languages that workers speak as well to aid
in comprehension and training.

f. The SDS may not indicate that OSHA approved the classification, as OSHA
does not approve SDSs or classifications.

g. OSHA has never maintained a national repository of SDSs. Each employer
is required to maintain SDSs for each hazardous chemical they receive.
Manufacturers and importers shall ensure that distributors and
employers are provided an appropriate SDS with their initial shipment,
and with the first shipment after an SDS is updated.

h. The requirement to provide SDSs does not change due to label
exemptions or special labeling circumstances (e.g., solid materials).

i. Manufacturers, importers, and distributors must supply the SDSs at no
cost.

j. If inadequate SDSs are found during inspections, referrals to other Area
Offices will be carried out as outlined in Appendix G of this Instruction.

k. Updating SDSs.

Chemical manufacturers or importers that become aware of significant
new information must update their SDS within three months, (g)(5).

l. Products/chemicals requiring an SDS.

• SDSs must be obtained or developed for each hazardous chemical
manufactured or imported.

57

• This includes developing SDSs for newly synthesized and/or
uncharacterized chemicals. All the information that is known for
these newly synthesized/uncharacterized chemicals must be provided
on the SDS. This SDS must be provided when the chemical is shipped,
even if the receiving party is the laboratory that is doing the
characterization of the material.

• If a solid material, not in dust form, has the potential to become a
combustible dust in normal conditions of use or foreseeable
emergencies, this hazard must be listed on the SDS.

• SDS requirements apply to free samples provided by chemical
manufacturers and importers since the hazards remain regardless of
the cost to the employer.

m. SDSs must be specific to the product (except as outlined below for
generic mixtures) and manufacturer.

• An individual SDS is required for the final product.

o Multiple SDSs from the individual components of a mixture may
NOT be substituted for a single SDS that describes the hazards of
the product or material.

o The SDS must identify the hazards of the final product/material,
e.g., the flash point listed must be for the product; it is not
acceptable to list the flash points for the individual components.

• Generic mixture SDSs.

o A manufacturer, importer, or distributor may create one SDS to
cover two or more mixtures that are composed of essentially the
same ingredients, have similar hazards, but the specific
composition varies from mixture to mixture (e.g., there may be a
range but all products are Skin Category 1), (g)(4). A single SDS
may also be created when there is a batch-to-batch variability in
the production of a mixture.

o Where a single SDS is used for similar mixtures or in cases of a
batch-to-batch variability, concentration ranges of ingredients
may be used.

58
o For example, a group of products in a product line (such as paint)
may be comprised of a base material and several additional
ingredients (such as pigments) that vary from product to product.

‒ If these additional ingredients have similar hazards that fall
within the same cut-off values/concentration limits as that of
the base material and do not react, one SDS listing the
different possible combinations of hazardous ingredients may
be used for the entire line even though the quantities and
number of pigments may vary from product to product.

‒ If the ingredients being added have different hazards (e.g.,
one pigment is a carcinogen and the rest are not), the
manufacturer or importer must use separate SDSs for the
products with these additional hazards.

n. Responsibility for the SDS

• Any party who changes the SDS (for example, changing the name or
identity of the chemical) becomes responsible for the SDS under (g)
regardless of whether it is a chemical manufacturer, importer,
distributor or employer.

• OSHA only has jurisdiction over transactions which affect commerce
within the United States. When chemicals are imported into the
United States, the person (meaning one or more individuals,
partnerships, associations, corporations, business trusts, legal
representatives, or any organized group of persons) who imported
the product automatically becomes a responsible party. The importer
must include its name and U.S. address on the SDS and label.
Preferably the original foreign manufacturer’s name and address are
removed to prevent confusion. The importer is responsible for the
information and for providing any updates to the labels and SDSs.

• When a foreign chemical manufacturer has a U.S. location and
employees in the U.S., nothing precludes the manufacturer from
using the U.S. location’s address and phone number on the SDS and
label as a responsible party. When a foreign chemical manufacturer
does not have a U.S.-based location to become a responsible party
and there is no other responsible party, the importer is the first point
of contact within this country and is therefore a responsible party for
complying with the HCS.

59
• An employer who brings hazardous chemicals into the country for use
in their own workplace, becomes an importer and is, therefore, a
responsible party. An importer assumes the responsibility to ensure
it is compliant with OSHA’s HCS, which includes obtaining an SDS and
adding their U.S. address and telephone number to the SDS or
conducting a hazard classification of the chemical and producing the
SDS in addition to ensuring appropriate labeling, and all other
applicable provisions of the standard. When the importer is not
distributing the chemical for further use downstream, it must comply
with the workplace labeling requirements of paragraph (f)(6).

• CSHOs should consult their Regional HCS Coordinator for help
determining responsibility for SDSs and labels when it is unclear.

o. Named party on the SDS

• The named party on the SDS must be the same as the named party
for the label. If there is a different company name on the SDS versus
the label, the company that changed the name is responsible for
both.

• If the employer is maintaining one SDS for a particular chemical but
uses that same chemical from a different manufacturer or importer
without obtaining/maintaining the SDS from the new manufacturer or
importer, the employer is not compliant.

• If the SDS received from the manufacturer, importer or distributor
has a different responsible party name than that on the product label,
the employer must make a documented good faith effort to receive
the appropriate SDS or they are not compliant.

• If a CSHO encounters a situation where the manufacturer, importer or
distributor is providing SDSs that list a different responsible party
than that on the label, referral procedures outlined in Appendix G of
this Instruction must be followed.

• The company that has made the alteration (e.g., adding its name to
the label but not to the SDS) is the company which violated the
standard.

p. SDS Content.

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• SDSs must be in the format outlined in (g)(2) of the standard and
contain at the minimum the information outlined in Appendix D of
the standard.

• All information needs to be filled in. If the company preparing the
SDS does not have relevant information for any sub-heading within a
section it must be marked “not applicable (N/A)” or “none” to
indicate that no information was found, (g)(3).

• The information supplied on the SDS must be accurate. The company
preparing the SDS must accurately report their classifications which
must be based on valid scientific data.

• The named party is accountable for the content of the SDS. If the
named party has information concerning the chemical (e.g., flash
point), they are required to disclose that information on the SDS.

• If the company has information that is not required by Appendix D of
the standard to be disclosed, but it would provide pertinent
communication about the safe use of the product (e.g., a chemical
that can dissolve rubber), OSHA recommends this type of information
be in Section 16, Other Information, of the SDS.

q. Transmission of SDSs.

• The CSHO must ensure compliance with the SDS transmission
provisions of the standard by reviewing the chemical manufacturer's,
importer's, or distributor's program for transmitting the SDSs
(including updated SDSs) to downstream users.

• The SDS must be transmitted with the first shipment of the chemical
to each downstream location that receives the material; shipping the
SDS to only one facility when the downstream customer has had the
chemical delivered to multiple facilities is not in compliance.

• Area Offices should expect to receive requests from employers to
assist them in obtaining SDSs or labels in situations when an
inspection has not been conducted. If the Area Director determines
that the employer has tried to obtain the information, and has not
been able to do so, a letter and/or telephone call from the Area Office
to the supplier or manufacturer is the appropriate action in this
situation. If a letter and/or telephone call from the Area Office do not

61
resolve the issue, an inspection may be warranted of the
manufacturer or distributor. See Appendix G of the Instruction for
referral procedures.

• If the manufacturer, importer, or distributor chooses to transmit SDSs
electronically they must:

o Ensure that the receiving employer has agreed to receive the SDS
electronically. This is an “opt-in” system, the employer must
agree to the use of electronic distribution; the manufacturer,
importer or distributor cannot force an employer to accept
electronic distribution of SDSs.

o Ensure that the employer has all the information necessary to
access the SDS (e.g., site address, passwords); the manufacturer
must be able to verify that the employer has access and receives
the SDS.

o Ensure that the employer is notified when the SDS is updated; a
system needs to be in place to verify that the employer is notified.

o The manufacturer, distributor, or importer cannot require the
employer to purchase new technology in order to access the SDS.
Nor can they require the employer to buy the media (e.g., CD,
flash drive) containing the SDS. SDSs must be provided at no cost
to the employer.

o The employer may choose to “opt-out” of an electronic
distribution system at any time. Subsequently, the manufacturer,
importer or distributor must provide by non-electronic means or a
hard copy of the SDS with the next shipment after the “opt-out”
and whenever the SDS is updated.

o The use of electronic distribution does not eliminate the
manufacturer’s, or importer’s obligation under (g)(6)(iv) to
provide a hardcopy of the SDS upon request by the distributor or
employer.

2. Requirements for Manufacturers and Importers.

a. Manufacturers or importers who choose to purchase SDSs for their
products or obtain data from sources such as, but not limited to, internet

62
providers or information from other SDSs retain responsibility for the
downstream flow of information and for assuring SDS accuracy.

b. Manufacturers, importers and distributors are required to provide SDSs
to each employer that use a hazardous chemical (retail establishments
must provide SDSs to employers with commercial accounts, upon
request).

c. Manufacturers and importers are required to provide SDSs to distributors
and employers upon request.

d. The standard requires SDSs only for hazardous chemicals. The HCS does
not require manufacturers, or importers to supply SDSs for non-
hazardous chemicals.

3. Requirements for Distributors.

a. Distributors who in good faith choose to rely upon the SDSs provided to
them by the manufacturer or importer assume no responsibility for the
content and accuracy of the SDS, unless the distributor changes the SDS.

b. Distributors that only add their name to an SDS, without removing the
manufacturer’s or importer’s name and contact number, and makes no
other changes to the information on the SDS, is not responsible for any
information on the SDS.

c. Distributors who substitute their names on the SDS in place of the
manufacturer’s or importer’s information become responsible for the
accuracy and completeness of the SDS.

d. The company name on the label and on the SDS must be the same. If the
distributor removes the manufacturer’s name from the label but leaves it
on the SDS, they are not in compliance with the standard.

e. When a distributor has not received an SDS, the CSHO will recommend
that the distributor contact the chemical manufacturer or importer of the
chemical and request an SDS. If the distributor fails to receive the SDS
within a reasonable period of time, e.g., five working days, the Area
Director shall follow the referral procedures in Appendix G of this
Instruction.

4. Requirements for Employers.

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a. If an employer has made a good faith effort to contact the manufacturer,
importer or distributor because they have not received the SDS and still
has not been able to receive an SDS, the Area Office may be contacted to
provide assistance. A letter and/or telephone call from the Area Office to
the manufacturer, importer or distributor is the appropriate action in this
situation. See Appendix G of this Instruction. If the letter and/or
telephone call do not resolve the issue, an inspection may be warranted
of the manufacturer, importer, or distributor. See Appendix G of this
Instruction for referral procedures.

b. Maintenance of SDSs

• Employers assume no responsibility for the content and accuracy of
the SDS provided to them by the manufacturer, importer or
distributor, unless the employer changes the SDS.

• Employers are required to maintain SDSs for each hazardous chemical
they use. The HCS does not specify how the SDS is to be maintained
(e.g., paper, electronic), as long as employees have immediate access
to the SDS in their work area. (Note: Older versions of SDSs (or
MSDSs) may still need to be maintained as an employee exposure
record under OSHA’s Access to employee exposure and medical
records standard, 29 CFR 1910.1020).

• If an SDS is provided for a non-hazardous material, the receiving party
is not required under HCS to maintain that SDS.

• Employers must maintain the most recent received version of the
SDS. When an HCS 2024-compliant SDS is received, it must replace
the HCS 2012-compliant SDS for the corresponding hazardous
chemical.

• Different manufacturers, importers and distributors may issue SDSs at
different times. An employer that is maintaining an MSDS or HCS
2012-compliant SDS for a product not recently received, even after
May 19, 2028, would be considered to be compliant with HCS 2024,
unless the manufacturer, importer or distributor has provided an SDS
and the employer did not maintain the new SDS.

• Maintenance of SDSs in electronic format.

o The employer must not require employees to perform an Internet
search to view/obtain the SDS. The employer may make SDSs

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available to employees on a company website or contract with an
off-site/web-based SDS service provider.

o If the employer is maintaining the SDSs on a company web-site or
with an off-site/web-based SDS service provider that faxes them,
they must ensure that:

‒ All employees have adequate computer or facsimile access,
with no restrictions;

‒ There is a backup procedure or system (e.g., paper, another
electronic system) in place in case the computer or fax is not
functioning;

‒ The employees must be trained on how to access the SDSs
(both on the computer and the backup procedure or system),
and;

‒ There is a procedure or system in place to ensure that
employees can receive a hard copy if so desired and in cases
of emergency (which must be transmitted to medical
personnel). It is not acceptable to only transmit the
information verbally.

• Employees must have unrestricted access to SDSs. This means the
employer cannot require workers to ask for the SDS (e.g., stored in a
locked office).

• There is no requirement to translate SDSs (e.g., into a foreign
language, braille). However, it is recommended that the employer
ensure that information from the SDS is available to employees in a
manner they would understand easily in case of emergency.

• Employers may be cited if CSHO interviews reveal that workers do not
have an understanding of the chemical hazards they work with or are
in their work area.

• Mobile Worksite Access.

o SDSs may be stored at a primary workplace instead of a mobile,
remote, or temporary worksite (e.g., construction worksite), as
long as there are no restrictions to workers’ access.

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‒ If the SDSs are stored at the primary workplace, the employer
must ensure there is no delay in a worker receiving a
requested SDS while at any mobile, remote, or temporary
worksite.

‒ Access may be accomplished by having a representative
always available at the primary workplace or through other
technological means (e.g., email, smart phone, electronic
tablet).

o The employer must address in their written hazard
communication program how SDS information will be conveyed to
remote worksites.

• If the manufacturer has gone out of business, the employer’s
responsibility is to maintain the SDS (or MSDS) for that product and
not to create a new SDS.

• The HCS 2024 does not require employers to contact manufacturers,
importers or distributors to obtain new SDSs of products for which
they currently have SDSs.

• Employers may contact manufacturers, importers or distributors of
products they have previously ordered from to request new SDSs, and
if they do so, the manufacturer or importer must provide the SDS
under section 1910.1200(g)(6)(iv).

5. Requirements of Specific Sections of the SDS.

Specific issues that have arisen concerning sections of the SDSs are outlined
here. Appendix H of this Instruction provides CSHO guidance when reviewing
an SDS for completeness.

a. Section 1 - Identification.

• The SDS requires the inclusion of U.S. contact information for the
manufacturer in addition to emergency contact numbers. There is no
requirement for the emergency number to be staffed 24 hours per
day if the SDS specifies the restrictions on the contact hours. The
emergency contact number can be for a company contracted to
provide information in the case of an emergency.

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• There must be someone available at the emergency phone number
who is able to provide more information concerning the product.

b. Section 2 – Hazard(s) identification.

• The classification must include the hazard class and the category (e.g.,
Flammable Liquid, Category 1). See Section X.G.1.r for required SDS
content when there is no relevant information available.

• This includes any change in the chemical’s physical form per
paragraph (d)(1)(i).

• Chemical reaction products associated with known or reasonably
anticipated uses or applications (see paragraph (d)(1)(ii)) must be
identified.

• The information required by paragraph (d)(1)(ii) shall be included in
Section 2 of the SDS but need not appear on the label. If a
component may be released to create airborne concentrations above
an OSHA PEL or an ACGIH TLV®, the chemical is considered a health
hazard and must be included in the classification.

• Hazard not otherwise classified (HNOC)

o HNOC must be listed in section 2 of the SDS. As HNOCs are
identified through the 1910.1200(d) hazard classification process,
it is permissible to include information on HNOCs under
subheading (a).

o The exclamation mark pictogram is permitted (but not required)
for HNOCs as long as the words “Hazard Not Otherwise Classified”
or the letters “HNOC” appear below the pictogram.

• Precautionary statements are not required for combustible dust
hazards and, therefore, none are required in section 2 of the SDS if
combustible dust is the only hazard listed.

• Pictograms/symbols

o Appendix D of the HCS, section 2, states, “Hazard symbols may be
provided as graphical reproductions in black and white or the
name of the symbol, e.g., flame, skull and crossbones.” The

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hazard symbol is the symbol inside the frame of the pictogram.
Therefore, just the symbol can be used or the name of the symbol
can be used.

o If the pictogram is used, it may be printed in black and white.

• If additional information is added to the required hazard statements
or precautionary statements on the label, it is consistent to include
that language on the SDS.

• Responsible parties may add their own precautionary statements to
section 2 of the SDS so long as they are relevant and do not contradict
or cast doubt on the validity of the other information in the SDS.

• Responsible parties may include rating systems (e.g., HMIS, NFPA) in
section 2 of the SDS as long as they do not contradict or cast doubt on
the HCS 2012 classification.

c. Section 3 – Composition/information on ingredients.

Section 3 must include the CAS number or other unique identifiers. When
CAS number is not available or claimed as a trade secret, the preparer
must indicate the source of unique identifier. The “source” would depend
on what kind of alternative unique identifier is chosen. Regardless, the
combination of the unique identifier and the source information must
provide the SDS recipient sufficient information so that they can learn the
identity of the ingredient in question in situations where the HCS requires
access to that information. For example, if the manufacturer’s internal
product number is used as a unique identifier, the SDS preparer must
indicate that the unique identifier provided in Section 3 is the
manufacturer’s internal product number by placing the source
information adjacent to the unique identifier in Section 3. For example,
the SDS could say “Company XYZ Product Number: 12345.”

d. Section 8 – Exposure controls/personal protection.

• The requirement to include PELs and TLVs
®
in section 8 of the SDS
applies to any constituent or ingredient (including additives and
impurities) that is present in the mixture or substance above its cut-
off value, or if it is below the cut-off value but still contributes to the
hazard classification of the mixture.

• The list of constituents in sections 3 and 8 must be the same.

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o If a constituent does not have a PEL or TLV
®
, its exposure limit
must be listed as “not applicable (N/A)” or “none.” If the
manufacturer, importer, or distributor chooses to list another
recommended occupational exposure limit, for example, NIOSH
Recommended Exposure Limit (REL), the correct limit must be
used or it must say “not applicable (N/A)” or “none.”

o It is permissible to state, “The following constituents are the only
constituents of the product which have a PEL, TLV or other
recommended exposure limit. At this time, the other constituents
have no known exposure limits.”

e. Section 9 – Physical and chemical properties.

• All the items listed in Section 9 of Appendix D must be present on the
SDS. If an item(s) is not applicable then it must be marked with “not
applicable (N/A),” or “none.”

• If the item is listed in another section (e.g., flash point also listed in
section 5) it must still be listed in section 9.

• Other physical and chemical properties may also be listed in addition
to listed items.

f. Sections 12-15 – Ecological Information; Disposal considerations; and
Transport information.

OSHA is not requiring these sections to be filled out; however, the section
headings must be present.

g. Section 16 – Other information, including date of preparation or last
revision.

This section is officially titled, “Other information, including date of
preparation or last revision.” It is acceptable to shorten the title to
“Other information” as long as the date of preparation or last revision is
listed.

6. Inspection Procedures.

a. When inspecting manufacturers, importers or employers, CSHOs must
evaluate the compliance status of this provision by examining a sample of

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SDSs to determine that the SDSs have been obtained or developed in
accordance with HCS 2024.

b. For manufacturers and importers, the following items must be
considered when reviewing SDSs:

• Providing SDSs of the individual components of a mixture is not in
compliance with the standard. Manufacturers or importers must
provide a single SDS for a mixture.

• Does each SDS contain information which adequately addresses at
least the elements required by the standard at (g)(2)(i)-(xvi)? Are the
sections of the SDS corresponding with paragraphs (g)(2)(i) through
(g)(2)(xi) and (g)(2)(xvi) of the standard accurately completed?

• If no relevant information is available, the manufacturer, importer or
employer must state that “no applicable information was found.”

• The section numbers and headings required by paragraphs (g)(2)(xii) –
(g)(2)(xv) must be present. However, OSHA is not enforcing the
content of these SDS sections.

• Appendix H of this Instruction contains an outline of the required SDS
sections and provides additional guidance about the information that
needs to be included in these sections.

• In the event that there are any questions concerning the accuracy or
completeness of the product’s chemical ingredients listed in SDS
section 3, “Composition/information on ingredients," the CSHO may
contact the OTC for assistance in determining the proper way to
collect a bulk sample of the product in question for chemical analysis.

c. For employers, the following items must be considered when reviewing
SDSs:

• Do employers have an SDS for each hazardous chemical in their
workplace?

CSHOs should review a representative number of SDSs against the
company’s inventory list.

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• Is the SDS current? – Employers must maintain the most current
version of the SDS provided by the manufacturer, importer or
distributor. For purposes of HCS 2024, it is not compliant to only
maintain a version previously received if the employer has ordered
the chemical after the date the manufacturer has updated the SDS. If
the employer has not ordered the product after June 1, 2015 (for HCS
2012) or after January 19, 2028 (for HCS 2024), and is maintaining an
HCS 1994-compliant MSDS or HCS 2012-compliant SDS that was
current at the time that the last shipment of the product was
received, it is in compliance with the requirements of the standard.
The HCS 2024 does not require employers to contact manufacturers,
importers or distributors to obtain new SDSs of products for which
they currently have SDSs.

(Note: Older versions of SDSs (or MSDSs) may still need to be
maintained as an employee exposure record under OSHA’s Access to
employee exposure and medical records standard, 29 CFR 1910.1020).

• The CSHO shall ensure compliance with the SDS transmission
provisions of the standard by reviewing the chemical manufacturer’s,
importer’s, or distributor’s program for transmitting the SDSs
(including updated SDSs) to downstream customers.

7. Citation Guidelines.

a. Citations shall generally be issued as serious, unless otherwise stated.

b. Citations to manufacturers or importers for incomplete or inaccurate
SDSs shall include an abatement requirement for the transmittal of
corrected SDSs to all customers with the next shipment of the chemical.
Citations shall not be issued to the employer for errors or deficiencies on
the SDS when they are not responsible for the contents of the SDS.

c. CSHOs shall cite (g)(1) whenever an inspection reveals that an employer
does not have an SDS, unless the employer can establish that a good faith
effort has been made to obtain the SDS (e.g., documented phone calls,
email, letters) from the manufacturer, importer or distributor.

d. If the complete manufacturer, importer or distributor contact
information is located directly above section 1 of the SDS, it is a de
minimis violation and a citation should not be issued.

71
e. If a manufacturer or importer provides an SDS that does not contain the
headings of sections 12-15, citations shall be issued under (g)(2)(xii)
through (g)(2)(xv). NOTE: The headings are required to be present, but
OSHA is not requiring information to be in these sections as this
information is not within OSHA’s jurisdiction. Citations in this situation
shall generally be issued as other-than serious; if appropriate they should
be grouped.

f. If the manufacturer or importer has not provided the SDS at the time of
initial shipment, a citation shall be issued under (g)(6)(i).

g. If the manufacturer or importer did not provide the SDS upon request, a
citation shall be issued under (g)(6)(iv).

h. If the distributor did not provide the SDS with the initial shipment, a
citation shall be issued under (g)(7)(i).

i. If the retail distributor did not provide the SDS upon request, a citation
shall be issued under (g)(7)(iii).

j. If the wholesale distributor did not provide the SDS upon request, a
citation shall be issued under (g)(7)(vi).

k. If an employer possesses an SDS but it is not readily accessible to
employees while in their work area, a citation shall be issued under (g)(8).

Violations of (g)(8) shall also be cited when an employer using electronic
access as an integral part of the hazard communication program does not
have an adequate backup system to address emergency situations.

l. On multi-employer worksites, citations for violations of (g)(8) of the
standard shall be issued to the employer responsible for making the
SDS(s) readily accessible, as discussed below.

• For example, if an employer on a multi-employer worksite brings
hazardous chemicals onto that site and fails to inform other
employers about the presence of those chemicals and/or the
availability of the SDS(s), that employer shall be cited for violation of
(g)(8) grouped with (e)(2)(i).

• If the employer uses a general contractor or other employer as an
intermediary for storage of the SDS(s), and that intermediate
employer has agreed to hold and provide ready access to the SDS(s),

72
then the intermediate employer becomes the controlling employer,
and is responsible for ensuring the availability of the SDS(s).

• If the SDS(s) are not available because the subcontractor or
immediate employer failed to make them readily accessible, then the
subcontractor shall be cited for violation of (g)(8).

H. Employee Information and Training, Paragraph (h).

1. Training Requirements.

a. The standard requires the employer train employees on hazardous
chemicals in their work area. Employers must update their HCS
training programs as necessary to be HCS 2024-compliant for
substances by November 20, 2026, and May 19, 2028, for mixtures.

b. Training is required to be provided at no cost to the employees.
Employees must be paid for the time they spend in training.

c. The employer is responsible for ensuring that employees are
adequately trained, regardless of the method (e.g., contractor-
provided training) relied upon to comply with the training
requirements.

• The training provisions of the HCS are not satisfied solely by giving
employees safety data sheets to read. An employer's training
program is to be a forum for explaining to employees not only the
hazards of the chemicals in their work area, but also how to use
the information generated in the hazard communication program.
This can be accomplished in many ways (audiovisuals, classroom
instruction, interactive video), and should include an opportunity
for employees to ask questions to ensure that they understand
the information presented to them.

• Furthermore, the training must be understandable. Training must
be conducted in a language and at a literacy level employees
understand. If an employer has employees who speak different
languages or are at different literacy levels, the employer may
need to create different materials for different groups of
employees based on their language and literacy levels, so each
employee understands the materials. If an employer has an
employee(s) that cannot read, the employer will need to talk to

73
the employee(s) about the hazardous chemicals they work with,
in a language they understand.

d. Training is required at the time an employee is assigned to work with
any hazardous chemical and whenever a new hazard is introduced
into the employee’s work area. The requirement for an employer to
provide updated training is based on the hazard, not the chemical.
However, an employer may choose to train based on the chemicals.

• For example, if an employee is working with one flammable
solvent and a second flammable solvent is introduced, the
training does not need to be updated. However, if the employee
is working with a flammable solvent and a corrosive is introduced,
the training needs to be updated.

• In multi-employer worksites the employer is responsible for
providing updated training when their employees are exposed to
new hazards, even if these hazards are created by other
employers.

e. Training for each employee needs to cover the details of the hazard
communication program including:

• Labeling requirements.

o Training on labeling includes information about shipped
container labels.

o The workplace labeling system used by the employer. For
example, if the workplace labeling system includes HMIS or
NFPA rating systems, workers must be trained to understand
what these systems mean, how to utilize the information, etc.

o If the employer has hazardous chemicals labeled under HCS
1994 in the workplace, the employer must provide training on
the different labeling systems to ensure that employees
understand that the lack of pictograms, hazard statements,
etc., do not mean that the hazards do not exist.

o The employer must ensure that employees understand that
the labeling system for shipped containers has changed since
the purchase of these items. The employer must also ensure
that employees are aware of where they can get all the

74
information on the hazards of these chemicals. Whether a
citation is warranted must be evaluated on a case-by-case
basis.

• Safety Data Sheets requirements:

o How to obtain and use the hazard information on an SDS
(including the format).

o If the employer is maintaining MSDSs for products received
prior to June 1, 2015, the employer must provide training
covering the differences between MSDSs and SDSs and how to
utilize the MSDS.

f. Information and training (general) requirements:

• What operations have hazardous chemicals present; how
employees are to protect themselves from hazardous chemicals.

• Location and availability of the written HCS program including the
required list(s) of hazardous chemicals and SDSs

• How the employer monitors (e.g., monitoring devices, visual,
odor) for hazardous chemicals.

• The physical and health hazards (including hazards not otherwise
classified) of the chemicals in the work area.

• Measures employees can take to protect themselves from the
hazardous chemicals including any specific procedures (e.g., work
practices, emergency procedures, PPE).

g. Training elements.

A self-paced, interactive computer-based training can serve as a
valuable training tool in the context of an over-all hazard
communication training program. However, use of computer-based
training by itself would not be sufficient to meet the intent of the
standard's various training requirements. Employees must have the
opportunity to ask questions and receive responses in a timely
manner.

h. Temporary Employees.

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• Staffing agencies and host employers share control over
temporary employees and are therefore jointly responsible for
ensuring that they are effectively informed and trained regarding
exposure to hazardous chemicals. When employees from a
temporary agency are working at a site where hazardous
chemicals are being used, the responsibility for training is shared
by the staffing agency and the host employer. In order to ensure
that employers have complied with all requirements of the HCS,
contracts between staffing agencies and host employers should
be examined to determine if they set out the training
responsibilities of both parties.

• Staffing agencies must, at a minimum, provide generic training to
their employees on the requirements of the HCS applicable to
different occupational settings and have a duty to inquire and
verify that the host, in turn, has adequately fulfilled its shared
training responsibilities for assigned employees.

• The host employer (the company using temporary workers) holds
the primary responsibility for training since it uses or produces
chemicals, creates, and controls the hazards, and is therefore best
suited to inform employees of the chemical hazards specific to the
workplace environment through site-specific training. This duty
includes identifying and communicating worksite-specific hazards
and providing appropriate protective equipment to temporary
workers. The HCS training provided to temp workers should be
identical or equivalent to that given to the host’s own employees
performing the same or similar work. See OSHA Temporary
Worker Initiative Bulletin No. 5, Hazard Communication.

2. Inspection Guidelines for Training.

a. Employee interviews.

• Training programs must be evaluated through program review and
interviews with management and employees. The CSHO must
interview employees to determine if they have an adequate
understanding of workplace chemical hazards.

• It cannot be expected that employees will recall all information
provided in the training and be able to repeat it.

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o Employees must be aware of the hazards to which they are
exposed to, know how to obtain and use information on labels
and SDSs, and know and follow work practices, including use of
any protective measures referenced on SDSs and labels.

o If the CSHO detects a trend in employee responses that indicates
training is not being conducted, or is conducted in a cursory
fashion that does not meet the intent of the standard, a closer
review of the training program and its implementation is
necessary.

b. Paragraph (h) requires that information and training be provided to
employees regarding the hazards of all chemicals in their work areas,
including by-products and hazardous chemicals introduced by another
employer, provided that they are known to be present in such a manner
that employees may be exposed under normal conditions of use or in a
foreseeable emergency.

c. The following are some of the issues a CSHO should focus on:

• Is a training program in place?

• Have workers been trained in a language and at a literacy level they
understand?

• Have workers been trained prior to initial assignment?

• Have workers been trained when a new hazard is introduced?

• Do workers know how to access SDSs? (This includes sufficient
computer skills to access SDSs stored on a computer.)

• Do workers understand the workplace (in-house) labeling system?

d. During the interviews, the CSHO must ensure that an employer who
relies on alternative labeling under (f)(6)(ii) has provided a level of
employee awareness through training which equals or exceeds that
which would have been achieved had the employer used labels
containing all the information from the shipped container.

The CSHO shall evaluate the effectiveness of any alternative labeling
method by determining whether employees can correlate the visual
warning on in-plant containers with the applicable chemical and its

77
appropriate hazard warnings. Also, a determination should be made
whether training been provided on emergency procedures.

e. Paragraph (h)(3)(iii) requires training of employees on (among other
things) the measures employees can take to protect themselves from
hazards, including emergencies.

f. See Section XI.B for a discussion of the interaction of 1910.1200 and
1910.120, Hazardous Waste Operations and Emergency Response.

g. CSHOs should determine if any workers are employed by outside
contractors (such as temporary employment agencies). To establish if an
employer-employee relationship exists, the CSHO should determine the
following:

• Who controls the manner and means by which work is accomplished?

• Who supervises the employee on a day-to-day basis and evaluates
the work quality?

• What is the nature and location of the work?

• Who determines the worker's schedule? (Time of arrival/hours/days
worked?)

• Who provides required instruments, tools, and equipment?

• What is the history and duration of the relationship between the
parties?

• To what extent can the client/host employer choose a particular
worker?

• Who has the right to assign new projects to the worker?

• What is the extent of the party's control over when and how long the
employee works?

• Who provides payment and method of payment?

• Who provides non-salary benefits, if any?

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• Who determines whether a worker gets a raise/bonus?

3. Citation Guidelines for Training.

a. Citations for training violations shall generally be issued as serious unless
otherwise noted.

b. If no form of employee training has been provided or the training in
general is inadequate, including that the training wasn’t provided in a
language and at a literacy level employees understand, citations should
normally be issued under (h)(1) and state why the training provided was
inadequate or not effective.

c. If the employer did not provide the required information concerning the
training program, the standard, and the operations where hazardous
chemicals are present, a citation for the appropriate subsection of
paragraphs (h)(2)(i) through (h)(2)(iii) should normally be issued. The
citations for the subsections of (h)(2) should be grouped.

d. If the employer did not provide training that covered how to detect
hazardous chemicals, physical, health and other hazards of the chemicals
covered by the HCS, how employees should protect themselves, and the
details of the hazard communication program, a citation for the
appropriate subsection of paragraphs (h)(3)(i) through (h)(3)(iv) should
normally be issued. The citations for the subsections of (h)(3) should be
grouped.

I. Trade Secrets, Paragraph (i).

1. Background.

a. The chemical manufacturer or importer may withhold the specific
chemical identity and/or the exact percentage (concentration) or
concentration range of the substance in a mixture as a trade secret.

b. If the chemical manufacturer or importer withholds the identity or exact
composition of any constituent, the SDS must indicate in Section 3 that
the constituent(s) and/or exact concentration(s) are being withheld as
trade secrets. Otherwise the SDS is out of compliance.

c. When CAS number is claimed as a trade secret, the preparer must
indicate the source of unique identifier. The “source” would depend on
what kind of alternative unique identifier is chosen. Regardless, the

79
combination of the unique identifier and the source information must
provide the SDS recipient sufficient information that they can learn the
identity of the ingredient in question in situations where the HCS requires
access to that information. For example, if the manufacturer’s internal
product number is used as a unique identifier, the SDS preparer must
indicate that the unique identifier provided in Section 3 is the
manufacturer’s internal product number by placing the source
information adjacent to the unique identifier in Section 3. For example,
the SDS could say “Company XYZ Product Number: 12345.” See guidance
for emergency and non-emergency situations below.

d. If the concentration or concentration range is being claimed as a trade
secret, the manufacturer or importer must provide the ingredient’s
concentration as one of the prescribed ranges listed in paragraphs
(i)(1)(iv)(A) through (M) of the HCS 2024.

e. The prescribed concentration range used must be the narrowest range
possible. If the exact concentration range falls between 0.1% and 30%
and does not fit entirely into one of the prescribed concentration ranges,
a single range created by the combination of two applicable consecutive
ranges (e.g., between (i)(1)(iv)(A) and (G)) may be disclosed instead,
provided that the combined concentration range does not include any
range that falls entirely outside the exact concentration range in which
the ingredient is present.

f. In a scenario where the concentration or the concentration range falls
below 0.1% the concentration or concentration range must be disclosed
on the SDS if it contributes to the product’s classification as a health
hazard, however, the HCS does not provide a prescribed concentration
range applicable to concentrations below 0.1%. This means that
concentrations or concentration ranges below 0.1% may not be claimed
as a trade secret for an ingredient that contributes to the product’s
classification as a health hazard. However, the specific chemical identity,
including the chemical name and other specific identification of the
chemical can still be claimed as a trade secret in this case. If a trade
secret is claimed, then a statement that the specific chemical identity has
been withheld as a trade secret is required.

g. Manufacturers may provide a range narrower than those prescribed in
(i)(1)(v).

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h. Despite the claim that a hazardous chemical, or a constituent thereof, is a
trade secret, the PEL, TLV, or other designated exposure limit must be
included on the SDS.

i. Even when a chemical's identity, exact concentration or concentration
range is rightfully withheld as a trade secret, its release may be required
by the trade secret access provisions in paragraph (i).

j. State laws do not preempt the trade secret disclosure requirements of
the HCS.

k. OSHA requires the responsible party for the SDS to use the words “trade
secret” when withholding constituent(s) as trade secrets. The use of
other language is not in compliance with (i)(1)(iii).

2. Evaluating Trade Secret Claims.

a. If a question concerning the validity of the trade secret occurs, the Area
Office should discuss the issue with the Regional Hazard Communication
Coordinator.

b. The Regional Hazard Communication Coordinator shall contact the
National Office, if necessary.

3. Non-Emergency Situations.

a. During non-emergency situations, health professionals (e.g., PLHCP,
industrial hygienist, toxicologist, or epidemiologist) are entitled to trade
secret information when providing medical or other occupational health
services to exposed employees. Employees and their designated
representatives are also entitled to trade secret information.

b. If these individuals are denied access to trade secret information, the
matter must be referred to the appropriate Area Office for enforcement
proceedings.

c. As stipulated in the standard, the Area Office should receive from the
referring health professional, employee, or designated representative a
copy of the written request for the trade secret information, as well as a
copy of the written denial provided by the holder of the trade secret.
These two written documents will be reviewed by the Area Director to
determine the validity of the request and the trade secret claim. The

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Regional Solicitor should be consulted to provide assistance in this
regard.

d. If the manufacturer does not respond to the referring health
professional, employee, or designated representative in writing in a
timely fashion, the requestor should document this and provide this
information when referring the situation to the Area Office.

e. If the Area Director does not believe that there is enough information
upon which to base a decision, he/she may contact either the trade
secret requester or the trade secret holder for further information. Such
requests will be documented in the case file.

4. Emergency Situations.

a. The HCS permits a treating PLHCP to designate that a medical emergency
exists, requiring the immediate disclosure of trade secrets.

b. Due to the potential risk to life and/or health, the Area Director shall
ensure that these referrals are processed as soon as received. The Area
Director or his/her designee will contact the manufacturer of the
chemical by telephone.

c. The manufacturer will be informed of the standard's requirements and
requested to immediately provide the needed information directly to the
treating PLHCP. The designation of an incident as a medical emergency is
left to the discretion of the treating PLHCP; the manufacturer may not
challenge the medical provider’s decision in that regard.

d. The chemical manufacturer, importer, or employer may require a written
statement of need and confidentiality agreement, in accordance with the
provisions of paragraphs (i)(3) and (4) of the HCS 2024, as soon as
circumstances permit.

5. Inspection Guidelines.

a. CSHOs may request disclosure of trade secret identities and exact
concentrations under paragraph (i)(12) of the HCS. The manufacturer,
importer or employer withholding the information must disclose the
information to the CSHO, as required by (i)(12).

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b. OSHA shall take all steps feasible to protect trade secret identities,
including secure filing and return of information or the destruction of
trade secret information when its use is completed.

6. Citation Guidelines.

Citations for trade secret violations should normally be issued as serious
citations unless otherwise noted.

a. In response to non-emergencies, where OSHA believes that the chemical
manufacturer, importer, or employer cannot support the trade secret
claim, the withholding of a specific chemical identity or exact percentage
concentration shall be cited as a violation of paragraph (g)(2)(i) or
(g)(2)(iii), respectively.

Where OSHA does not question the claim that a specific chemical identity
or exact concentration or concentration range is a trade secret, but the
employer has failed to comply with paragraph (i)(1)(i) through (vi), such
failure should normally be cited. For example, the employer claims a
trade secret exists but failed to indicate on the SDS that the specific
chemical was being withheld for that reason, as required under
paragraph (i)(1)(iii).

b. For medical emergencies, failure to disclose the information shall result
in the issuance of a willful citation to the manufacturer, or importer, if
the elements of a willful citation can be established. See the FOM
Chapter 4, section V.

• In many cases the medical facility that is seeking the information will
be located in a different jurisdiction than the chemical manufacturer
or importer. In this case the local Area Office contacted by the
medical facility will refer the issue and provide all necessary
information to the Area Office that has jurisdiction over the
manufacturer or importer.

• The Area Office with jurisdiction over the manufacturer/importer will
coordinate obtaining an administrative subpoena ordering the
immediate disclosure of the needed information. Federal Court
orders shall be sought immediately if the administrative subpoena is
not effective in obtaining the information.

J. Dates.

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1. Transition Period, July 19, 2024, to Relevant Compliance Date.

a. Employers are required to comply with either HCS 2012 or HCS 2024 or
both during the transition (or implementation) period.

b. The manufacturer or importer may not partially implement the revised
standard for a label or SDS for an individual product (e.g., not include all
the required information on the revised label or SDS). The labels and
SDSs must fully comply with either HCS 2012 or HCS 2024. Violations
shall be issued under the applicable standard, HCS 2012 or 2024,
according to compliance date.

c. During the transition period it is acceptable to have HCS 2012 labels and
HCS 2024 SDSs or vice versa.

2. Citation Guidance.

a. If a CSHO finds a violation of either HCS 2012 or 2024, citations shall be
issued according to the compliance date for the subparagraph in
violation. See Appendix E of this instruction. Prior to an applicable HCS
2024 compliance date, the HCS 2012 shall be cited. Once the compliance
date for an HCS 2024 paragraph or subparagraph has passed, only the
HCS 2024 shall be cited (e.g., prior to May 19, 2026, a manufacturer in
violation of (f)(1) for small container labeling will be cited under the HCS
2012, but after May 19, 2026, subparagraph (f)(12) of the HCS 2024 will
be cited where an employer has demonstrated that it is not feasible to
use pull-out labels, fold-back labels, or tags containing the full label
information, but fails to comply with the small container labeling
requirements in (f)(12)(ii) or (iii)). It is possible for an employer to be
cited under both the HCS 2012 and 2024, for a different violation of the
standard, during the same inspection. Consult the Regional or National
Office Hazard Communication Coordinator for help determining which
standard to cite.

b. Paragraph (j) is not a citable paragraph.

3. On or After May 19, 2026.

a. Manufacturers, importers, and distributors evaluating substances must
have updated HCS 2024-compliant labels and SDSs.

b. When a manufacturer, importer, or distributor is relying on hazardous
chemical information from an upstream manufacturer or importer

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supplier to complete their own SDS development for their downstream
customers, CSHOs shall evaluate, on a case-by-case basis, the due
diligence and good faith efforts to obtain the SDS information for the
ingredients. See Section X.J.7. for further guidance.

c. A CSHO will determine on a case-by-case basis, whether a distributor
exercised reasonable diligence and good faith to comply with the
compliance dates. In making such determination, a CSHO shall consider
whether the distributor is able to document its communication with the
manufacturer or importer about the circumstances for noncompliance
with HCS 2024. See Section X.J.7. for further guidance.

4. On or After November 20, 2026.

a. For substances, all employers must update any alternative workplace
labeling for changes related to HCS 2024, their HCS program required by
(h)(1) and provide any additional employee training in accordance with
(h)(3) for newly identified physical, health, or other hazards.

b. Paragraph (h)(1) requires employees to be trained on new chemical
hazards introduced into an employee’s work area. Paragraph (h)(3)
includes required training on labels received by the employer on shipped
containers and on the employer’s workplace labeling system. This extra
time allows the employer to review all the new information received as a
result of the revisions and provide new training, if necessary.

5. On or After November 19, 2027.

a. Manufacturers, importers, and distributors evaluating mixtures must
have updated HCS 2024-compliant labels and SDSs.

b. When a manufacturer or importer is relying on hazardous chemical
information from an upstream manufacturer or importer supplier to
complete their own SDS development for their downstream customers,
CSHOs shall evaluate, on a case-by-case basis, the due diligence and good
faith efforts to obtain the SDS information for the ingredients. See
Section X.J.7 for further guidance.

c. A CSHO will determine on a case-by-case basis, whether a distributor
exercised reasonable diligence and good faith to comply with the
compliance dates. In making such determination, a CSHO shall consider
whether the distributor is able to document its communication with the

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manufacturer or importer about the circumstances for the
noncompliance with HCS 2024. See Section X.J.7. for further guidance.

6. On or After May 19, 2028.

a. For mixtures, all employers must update any alternative workplace
labeling for changes related to HCS 2024, their HCS program required by
(h)(1) and provide any additional employee training in accordance with
(h)(3) for newly identified physical, health, or other hazards.

b. Paragraph (h)(1) requires employees to be trained on new chemical
hazards introduced into an employee’s work area. Paragraph (h)(3)
includes required training on labels received by the employer on shipped
containers and on the employer’s workplace labeling system. This extra
time allows the employer to review all the new information it receives as
a result of the revisions and provide new training if necessary.

7. What are Reasonable Diligence and Good Faith Efforts?

a. To determine if a manufacturer, importer, or distributor was reasonably
diligent and made good faith efforts to obtain and integrate information
to comply with the HCS 2024, CSHOs must review overall efforts and
action(s) taken to comply with HCS 2024 compliance dates. CSHOs
should request they provide documentation of any and all efforts to:
• Obtain classification information and SDSs from upstream suppliers;
• Find hazard information from alternative sources (e.g., chemical
registries); and,
• Classify the data themselves.
b. Establishing reasonable diligence and good faith requires that
manufacturers or importers demonstrate attempt(s) to obtain the
necessary classification or SDSs through both oral and written
communications directly with the upstream supplier. For each hazardous
chemical shipped, the CSHO shall consider whether the manufacturer or
importer:

• Developed and documented the process used to gather the necessary
classification information from its upstream suppliers and the current
status of such efforts;

• Developed and documented efforts to find hazard information from
alternative sources (e.g., chemical registries);

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• Provided a written account of its continued communications with
upstream suppliers, including dated copies of all relevant written
communication;

• Provided a written account of continued communications with its
distributors, including dated copies of all relevant written
communication with its distributors informing them why it has been
unable to comply with HCS 2024; and,

• Developed the course of action it will follow to make the necessary
changes to SDSs and labels once the information becomes available.

c. Although CSHOs must evaluate all of the above factors, any combination
of these efforts may be considered to be reasonably diligent and made in
good faith. CSHOs shall also consider whether the manufacturer or
importer attempted to obtain the hazard information in a timely manner
in determining whether reasonable diligence and good faith efforts to
comply are present. Additionally, manufacturers or importers should
provide a clear timeline when it expects to comply with HCS 2024 to
meet this test.

8. See Appendix E of this Instruction for a quick reference table on the
compliance dates, explained in detail above.

XI. HCS Interface with Other OSHA Standards.

A. Interactions.

1. In some cases, an employer's duties under other OSHA standards dovetail
with requirements of the HCS, resulting in simplified compliance (e.g., 29 CFR
1910.1026, Chromium VI).

2. In some cases, substance-specific standards have more requirements than
the HCS (e.g., specific label requirements under 29 CFR 1910.1001, Asbestos).
In those cases, the CSHO needs to ensure that the employer is complying
with the more stringent requirements.

3. Appendix I of this Instruction includes a list of the OSHA standards that have
been affected by the update to the HCS 2012. These updates are still in
effect following the publication of the HCS 2024.

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B. Hazardous Waste Operations and Emergency Response (HAZWOPER), 29 CFR
1910.120.

1. Hazardous waste, as defined under the Solid Waste Disposal Act, 21 U.S.C.
6901 et seq, when subject to regulations issued by the Environmental
Protection Agency (EPA) under that Act, is not covered by the HCS, as per
(b)(6)(1). If the hazardous waste is not regulated by the EPA, then the
requirements of the HCS apply.

2. Hazardous substances, as defined under CERCLA, which are the focus of
remedial or removal action being conducted under CERLCA in accordance
with the EPA regulations, are not covered by the HCS, as per (b)(6)(ii).

3. Chemicals (other than hazardous waste and hazardous substances, as
discussed above) brought onto hazardous waste sites are covered by the
HCS.

4. HAZWOPER does not cover response to incidental spills that do not have the
potential for becoming an emergency. Training for responding to such
incidental spills would be under the HCS and would include, at a minimum,
leak and spill cleanup procedures and the use of appropriate personal
protective equipment (PPE).

5. HAZWOPER has training requirements for emergency procedures, as does
the HCS. The scope and extent of employee training regarding emergency
procedures will depend upon the employer's emergency response plan. If
the employer merely intends to evacuate the work area, the training in
emergency procedures could be limited to, for example, information on the
emergency alarm system in use at the worksite, evacuation routes, and
reporting areas.

6. Employees that are required to respond to spills that have the potential for
becoming an emergency are covered by the provisions of 1910.120(q). (See
definition of emergency response in 1910.120(a)(3).) Therefore, in
workplaces where there is a potential for emergencies, the employer’s HCS
training program would have to address the HAZWOPER emergency
response plan and/or emergency action plan. Training under the HCS can be
adapted to encompass all of the required training competencies in 29 CFR
1910.120(q)(6)(i), the first responder awareness level, and a single training
could be fashioned to satisfy the requirements of both standards.

C. Access to Employee Exposure and Medical Records, 29 CFR 1910.1020.

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1. The Access to Employee Exposure and Medical Records standard, 29 CFR
1910.1020, and the HCS overlap with regard to SDSs. MSDSs (the older form
of SDSs) are specifically identified as exposure records under 29 CFR
1910.1020(c)(5)(iii). The "Access standard" discusses the requirement to
maintain exposure records for 30 years, 29 CFR 1910.1020(d)(1)(ii); however,
there is an alternative to keeping the MSDSs at 1910.1020(d)(1)(ii)(B), which
reads as follows:

"Material safety data sheets and paragraph (c)(5)(iv) records concerning
the identity of a substance or agent need not be retained for any
specified period as long as some record of the identity (chemical name, if
known) of the substance or agent, where it was used, and when it was
used is retained for at least thirty (30) years."

Although MSDSs have been replaced by SDSs in HCS 2012, the applicability of
this provision in the Access standard is not changed. Therefore, any
reference to MSDSs is interpreted to also apply to SDSs, including HCS 2024-
compliant SDSs.

2. Paragraph (e)(4) of the HCS requires employers to make the written hazard
communication program available upon request to employees, their
representatives, OSHA or NIOSH, in accordance with the requirements at 29
CFR 1910.1020(e). Section (e) of 29 CFR 1910.1020, requires the employer to
provide a copy of the requested record (in this case, a copy of the written
hazard communication program) "in a reasonable time...but in no event later
than fifteen (15) days...." This means although the hazard communication
program must be available at all times for employee access, the employer
has up to 15 days to copy the program and provide it to the employee or
employee representative who requests a copy.

D. Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR
1910.1450.

1. When evaluating a laboratory, the type of laboratory (e.g., research, quality
control) needs to be determined. The definitions of a “laboratory” are
different in the HCS and the “Laboratory” standard, 29 CFR 1910.1450.

2. Laboratory Standard (29 CFR 1910.1450) Coverage.

a. The Laboratory standard covers only laboratories meeting the criteria of
"laboratory use" and "laboratory scale" and excludes procedures that are
part of a production process. See §1910.1450(b), Definitions.

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b. In most cases, research laboratories are covered under the Laboratory
standard. However, if the research laboratory is also shipping chemicals,
it must provide labels and safety data sheets in accordance with the HCS.

c. In most cases, quality control and production laboratories are not
covered under 29 CFR 1910.1450 but are considered laboratories under
the HCS and will be covered by paragraph (b)(3) of the HCS.

d. The only updates to the Laboratory standard due to HCS 2012 are to the
definitions section. Some definitions have been changed to align with the
HCS 2012 definitions, e.g., health hazard definition.

3. The HCS covers manufacturers of chemical specialty products.

a. Some manufacturers of chemical specialty products have incorrectly
interpreted the laboratory provisions at 1910.1200(b)(3) as exempting
them from coverage. OSHA considers these operations to be
manufacturing processes, and, therefore, they must comply with all the
requirements of the HCS.

b. A pilot plant operation is considered to be a manufacturing operation and
is covered under the HCS.

c. Establishments such as dental, photo finishing, and optical laboratories
are not considered laboratory operations for the purposes of the
Laboratory standard since they are engaged in the production of a
finished product.

E. Other Health Standards.

1. Employers must comply with the hazard communication requirements of
substance-specific standards.

2. Labels.

Most substance-specific standards have specified requirements for labeling,
which may require specific language be included on the labels. For example,
the Formaldehyde standard, 29 CFR 1910.1048(m)(2), requires the following
specific language on the label (in addition to the HCS-required language)
when the product is capable of producing employee exposures capable of
releasing formaldehyde at levels of 0.1 ppm to 0.5 ppm:

a. Identify that the product contains formaldehyde;

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b. List the name and address of the responsible party, and;

c. State that physical and health hazard information is readily available from
the employer and from safety data sheets.

3. See the Federal Register notice for HCS 2012 and Appendix K of this
Instruction for specific changes to other substance-specific standards.

F. Use of the HCS to Support a Violation of the General Duty Clause.

1. General.

a. In the preamble, 89 FR 44144 (May 20, 2024), OSHA explained this HCS
revision "will enhance the effectiveness of the HCS by ensuring
employees are appropriately apprised of the chemical hazards to which
they may be exposed, thus reducing the incidence of chemical-related
occupational illnesses and injuries."

b. The information on the SDS is particularly valuable for chemicals with no
OSHA PEL because it may be used by employers to help comply with their
general duty under § 5(a)(1) of the OSH Act to protect workers from
serious, recognized hazards. This includes protecting workers from
overexposures to hazardous chemicals with no OSHA PEL.

c. However, not all chemicals for which employers receive an SDS will
necessarily present a hazard in every workplace. Employers should
consider the information in the SDS along with their knowledge of actual
conditions in their workplaces to determine whether they must take
additional steps to protect employees.

d. Other standards that must be considered prior to using the General Duty
Clause are outlined in Appendix J of this Instruction and the FOM.

e. During inspections, CSHOs should refer to the employer’s SDSs to begin
investigating whether serious chemical exposure hazards exist and
whether the employer has discharged its duty under the general duty
clause, if there is no PEL for the chemical. The four required elements to
a Section 5(a)(1) violation are:

• A hazard exists in the workplace;

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o Hazard information must be listed in sections 2, 8, 10, and 11 of
the SDS. The same hazard information was also required by
previous versions of the HCS, but its location on the MSDS was
not standardized.

o Section 10 must identify the chemical's stability and reactivity
properties.

o Section 11 must describe the chemical's toxicological information.

• The employer or the employer's industry recognizes the hazard;

o Employers are required under 1910.1200(g)(1) to have an SDS in
the workplace for each hazardous chemical they use, and to use
the information in those sheets when they train their employees
about the hazards of the chemicals to which they are exposed
under 1910.1200(h)(3)(iv).

o If an employer has taken these required steps, and if the SDS
accurately describes the chemical's hazards, the employer will
have actual recognition of the hazard. CSHOs should document
who should have received or received the SDS.

o An SDS may also help show that the employer's industry
recognizes the hazard, particularly if the chemical in question is
widely used in the industry.

• The hazard is likely to cause death or serious bodily injury;

o The SDS description of the nature and seriousness of the hazard(s)
presented to workers may be relevant to determining whether
the hazard could cause death or serious physical harm.

o Section 11 of the SDS must describe the toxicological effects of
the chemical, including likely routes of exposure and symptoms of
overexposure related to the chemical's toxicological
characteristics.

o As noted above, employers need to consider this evidence in
conjunction with other available information, including
information about how workers are actually exposed to the
chemicals, to determine the extent of protection they must
provide.

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• Feasible means exist to eliminate or materially reduce the hazard.
Section 8 of the SDS must set forth appropriate measures to
protect employees from overexposures, including engineering
controls, and personal protective clothing and equipment. CSHOs
should document the feasibility of abatement for the specific
workplace.

2. In summary, where there is potential hazardous exposure to a chemical with
no PEL, CSHOs should consider issuing a Section 5(a)(1) citation in
accordance with the above guidance, the FOM, and other OSHA directives,
where applicable, by taking into account information in the chemical's SDS.

A-1
Appendix A

Table of Contents for Appendices A and B of the Hazard Communication Standard

This list is provided for easy reference to the chapters of Appendices A and B of the Hazard
Communication standard (HCS). This Appendix provides CSHOs with an easy way to quickly find
the appropriate chapters when reviewing the classification of chemicals. Please review each
chapter of the Appendices to the HCS as needed. Note: This list does not contain all
subheadings included in Appendices A and B.

Appendix A: Health Hazard Criteria
A.0 General Classification Considerations
A.0.1 Classification
A.0.2 Available data, test methods and test data quality
A.0.3 Classification based on weight of evidence
A.0.4 Considerations for the classification of mixtures
A.0.5 Bridging principles for the classification of mixtures where test data are not available for
the complete mixture
A.0.5.1.1 Dilution
A.0.5.1.2 Batching
A.0.5.1.3 Concentration of mixtures
A.0.5.1.4 Interpolation within one hazard category
A.0.5.1.5 Substantially similar mixtures
A.0.5.1.6 Aerosols
A.1 Acute Toxicity
Table A.1.1: Acute toxicity estimate (ATE) values and criteria for acute toxicity hazard
categories
Figure A.1.1: Tiered approach to classification of mixtures for acute toxicity
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
A.2 Skin Corrosion/Irritation
Table A.2.1: Skin corrosion category and sub-categories
Table A.2.2: Skin irritation category
Figure A.2.1: Application of the tiered approach for skin corrosion and irritation
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)
Table A.2.4: Concentration of ingredients of a mixture when the additivity approach
does not apply, that would trigger classification of the mixture as
hazardous to skin
A.3 Serious Eye Damage/Eye Irritation

A-2
Table A.3.1: Serious eye damage/Irreversible effects on the eye category
Table A.3.2: Reversible effects on the eye categories
Figure A.3.1: Tiered evaluation for serious eye damage and eye irritation
Table A.3.3: Concentration of ingredients of a mixture classified as Skin Category 1
and/or Eye Category 1 or 2 that would trigger classification of the mixtures
as hazardous to the eye
Table A.3.4: Concentration of ingredients of a mixture for which the additivity approach
does not apply, that would trigger classification of the mixture as
hazardous to the eye
A.4 Respiratory or Skin Sensitization
Table A.4.1: Hazard category and sub-categories for respiratory sensitizers
Table A.4.2: Hazard category and sub-categories for skin sensitizers
Table A.4.3: Animal test results for sub-Category 1A
Table A.4.4: Animal test results for sub-Category 1B
Table A.4.5: Cut-off values/concentration limits of ingredients of a mixture classified as
either respiratory sensitizers or skin sensitizers that would trigger
classification of the mixture
A.5 Germ Cell Mutagenicity
Figure A.5.1: Hazard categories for germ cell mutagens
Table A.5.1: Cut-off values/concentration limits of ingredients of a mixture classified as
germ cell mutagens that would trigger classification of the mixture
A.6 Carcinogenicity
Figure A.6.1: Hazard categories for carcinogens
Table A.6.1: Cut-off values/concentration limits of ingredients of a mixture classified as
carcinogen that would trigger classification of the mixture
A.7 Reproductive Toxicity (This category would include endocrine disrupters)
Figure A.7.1(a): Hazard categories for reproductive toxicants
Figure A.7.1(b): Hazard category for effects on or via lactation
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
A.8 Specific Target Organ Toxicity Single Exposure
Figure A.8.1: Hazard categories for specific target organ toxicity following single
exposure
Table A.8.1: Guidance value ranges for single-dose exposures
Table A.8.2: Cut-off values/concentration limits of ingredients of a mixture classified as a
specific target organ toxicant that would trigger classification of the
mixture as Category 1 or 2
A.9 Specific Target Organ Toxicity Repeated or Prolonged Exposure
Figure A.9.1: Hazard categories for specific target organ toxicity following repeated
exposure
Table A.9.1: Guidance values to assist in Category 1 classification (applicable to a 90-day
study)

A-3
Table A.9.2: Guidance values to assist in Category 2 classification (applicable to a 90-day
study)
Table A.9.3: Cut-off value/concentration limits of ingredients of a mixture classified as a
specific target organ toxicant that would trigger classification of the
mixture as Category 1 or 2
A.10 Aspiration Hazard
Table A.10.1: Criteria for aspiration toxicity

Appendix B – Physical Hazard Criteria
B.1 Explosives
B.2 Flammable Gases
Table B.2.1: Criteria for flammable gases
B.3 Aerosols and Chemicals Under Pressure
Table B.3.1: Criteria for aerosols
Table B.3.2: Criteria for chemicals under pressure
B.4 Oxidizing Gases
Table B.4.1: Criteria for oxidizing gases
B.5 Gases Under Pressure
Table B.5.1: Criteria for gases under pressure
B.6 Flammable Liquids
Table B.6.1: Criteria for flammable liquids
B.7 Flammable Solids
Table B.7.1: Criteria for flammable solids
B.8 Self-Reactive Chemicals
B.9 Pyrophoric Liquids
Table B.9.1: Criteria for pyrophoric liquids
B.10 Pyrophoric Solids
Table B.10.1: Criteria for pyrophoric solids
B.11 Self-Heating Chemicals
Table B.11.1: Criteria for self-heating chemicals
B.12 Chemicals which, in contact with water, emit flammable gases
Table B.12.1: Criteria for chemicals which, in contact with water, emit flammable gases
B.13 Oxidizing Liquids
Table B.13.1: Criteria for oxidizing liquids
B.14 Oxidizing Solids
Table B.14.1: Criteria for oxidizing solids
B.15 Organic Peroxides
B.16 Corrosive to Metals
Table B.16.1: Criteria for chemicals corrosive to metal
B.17 Desensitized Explosives
Table B.17.1: Criteria for desensitized explosive

B-1

Appendix B

Hazard Classification Evaluation Procedures

The hazard classification procedures required by the standard are specification-oriented. The
HCS has provided procedures on how to classify chemicals in paragraph (d), and Appendix A
and B of the standard. The term hazard classification is used to indicate not only the types of
hazards presented by the chemical, but also the severity of the hazard. The hazard
classification criteria are designed so the intrinsic hazardous properties of chemicals are
considered for the known or intended use(s) of the products. Evaluation of the hazard
classification incorporates three steps:

1. Identification of relevant data regarding the hazards of a chemical;

2. Subsequent review of those data to ascertain the hazards associated with the chemical;

3. Determination of whether the chemical should be classified as hazardous and the degree of
hazard.

Steps CSHOs Should Take When Evaluating Product SDSs

1. The first step for CSHOs when evaluating an SDS is to determine whether the chemical
should be considered hazardous. The CSHO can determine this by reviewing the following
sources:

a. If the chemical or one or more of its ingredients are any of the following lists, then
further investigation is warranted to determine whether it should be classified:

• Any substance for which OSHA has a permissible exposure limit (PEL) in 1910.1000
or a comprehensive substance-specific standard in Subpart Z. If OSHA has included
cancer as a health hazard to be considered by classifiers in a substance specific
hazard, the substance must be classified as a carcinogen. If such a substance is an
ingredient in a mixture, the mixture must be classified as a carcinogen if it is present
at a concentration of 0.1% or more, or at a lower concentration if it would present a
health risk.

• Any substance for which the American Conference of Governmental Industrial
Hygienists (ACGIH
®
) has a Threshold Limit Value (TLV
®
) in the latest edition of their
annual list and Documentation for the TLVs
®
.

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• Any substance which the National Toxicology Program (NTP) or the International
Agency for Research on Cancer (IARC) has found to be a suspect or confirmed
carcinogen or which OSHA regulates as a carcinogen.

b. CSHOs may consult available sources in evaluating the chemical to see what has been
published regarding the chemical. There are a number of databases online that can be
consulted, such as the Environmental Protection Agency’s (EPA) Integrated Risk
Information System (IRIS) the Organisation for Economic Co-operation and
Development (OECD) eChemPortal or the European Chemical Agency’s (ECHA) chemical
database. Another helpful source could be Patty's Industrial Hygiene and Toxicology.

Other sources that may be useful in determining whether a chemical is hazardous:
• Centers for Disease Control and Prevention (CDC) Agency for Toxic Substances and
Disease Registry (ATSDR), Toxicological Profiles.

• NIOSH Chemical Safety Resources. Including the NIOSH Registry of Toxic Effects of
Chemical Substances (RTECS). The RTECS should never be considered a definitive
source for establishing a hazard since it consists of data that has not been evaluated.
The RTECS is, however, a useful screening resource.

• NTP Summary of the Annual Report on Carcinogens, or most recent report.

• IARC Monographs.

2. Finally, for those chemicals where information is not readily available or where such
available information is not complete, perform searches of bibliographic databases. In
general, the National Library of Medicine (NLM) services should be used. These include the
Toxicology Data Bank (TDB), TOXLINE, and MEDLARS. The information generated by these
databases should be evaluated using the criteria in Appendix A of the standard. To evaluate
whether a particular study would qualify as an acceptable study, it must be conducted
according to established scientific principles (e.g., in animal studies, the number of subjects
is adequate to do statistical analyses of the results; a control group is used, and the study
must show statistically significant results indicating an adverse health effect). This
evaluation obviously requires professional judgment. Any questions should be referred to
the Regional Hazard Communication Coordinator, who may forward them, if necessary, to
the Health Response Team (HRT), a division of the OSHA Technical Center (OTC), under
OSHA’s Directorate of Technical Support and Emergency Management (DTSEM). A bulk
sample of the chemical may be needed by the OTC (HRT) to assist in their review.

3. If an employer or manufacturer used their own test data as the basis for the hazard
classification, the CSHO should collect the test data used to classify the hazard and then
request DTSEM to review the information. If the employer denies the CSHO access to the

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test and no other published data on the chemical can be found, the Regional Office shall be
contacted for assistance in obtaining an administrative subpoena. DTSEM should be
contacted if assistance is required in order to obtain unpublished chemical hazard
information available from other Federal agencies such as the EPA.

4. Published studies and test data should be evaluated using the HCS criteria in Appendix A for
health hazards and in Appendix B for physical hazards in the standard. If needed, the DSG
or DTSEM offices could assist in the review of the studies and test data.

5. In the event that there are any questions concerning the adequacy of the manufacturer’s
hazard classification, the CSHO shall collect the information from the studies used to classify
the chemical(s), and any justification the manufacturer or importer provided to support the
classification. For example, this situation might arise when the CSHO has discovered
scientific data indicating a hazard, but the chemical manufacturer's hazard classification has
not classified the chemical as hazardous or two different manufacturers have classified the
same chemical differently. In this case, the Area Director should then contact the Regional
Hazard Communication Coordinator, who then may refer those findings to HRT for review,
as necessary. HRT scientists will conduct a review of the hazard classification for
conformance with 29 CFR 1910.1200(d) and Appendices A and B. A bulk sample of the
chemical may be needed by the HRT to assist in their review.

Examples of when a CSHO might refer a product SDS to HRT for review:

In general, if the CSHO has found studies or other data to indicate that the product presents a
health or physical hazard, but the manufacturer has not adequately addressed or has not
provided a rationale on why they have not classified the product as hazardous, the CSHO should
refer the SDS to HRT for review.

1. Carcinogens:

a. If the chemical is listed by IARC or NTP as a carcinogen and the chemical manufacturer
or importer has not provided the determinations by IARC or NTP on the SDS; or

b. The CSHO has determined that there is at least one positive study for carcinogenicity
but the manufacturer has not classified the chemical as a carcinogen or indicated the
positive study on the SDS.

Appendix C of this Instruction provides more information concerning the evaluation of
carcinogen classifications and a comparison of the HCS carcinogen classifications versus
determinations by IARC and NTP. It also provides, in Table C.2, guidance for label and SDS
notations for carcinogens.

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2. Germ Cell Mutagens/Reproductive Toxins:

If the CSHO’s research finds one positive study and the result of the classification process by
the chemical manufacturer or importer is non-classification. The HCS states that one
positive study performed according to good scientific principles and with statistically and
biologically significant results may justify classification as a germ cell mutagen or
reproductive toxicant.

Guidance for HRT Scientists’ Review:

1. Review the data and classification findings by the chemical manufacturer or importer.

2. Evaluate the data for conformance with classification procedures set forth in 29 CFR
1910.1200(d) and Appendix A and Appendix B.

3. Determine if the chemical manufacturer or importer has followed the appropriate
classification procedures:

a. Has the manufacturer or importer adequately addressed appropriate data (e.g., did not
ignore data that disagreed with their conclusion)?

b. Have they performed an appropriate weight of evidence analysis according to Appendix
A.0 and the specific guidance in Appendix A for each hazard (in general, human evidence
normally would carry more weight than animal studies or structural activity)?

c. Have they applied the criteria and bridging principles (if applicable) appropriately for
each individual hazard classes?

4. Provide HRT’s evaluation to the Area Office where they will determine whether a citation is
warranted. For example, if HRT’s evaluation finds the hazard evaluation to be incomplete
or incorrect, a citation may be warranted.

5. If necessary, the Regional Office may refer the hazard classification to DEP which will
coordinate with DTSEM and DSG to review the data and classification findings.

Partial list of Health Hazard Cut-Off limits
Hazard class Label Cut-Offs SDS Cut-Offs
Respiratory/Skin sensitization (Category 1 or 1A)* ≥ 0.1% ≥ 0.1%
Germ cell mutagenicity (Category 1) ≥ 0.1% ≥ 0.1%
Germ cell mutagenicity (Category 2) ≥ 1.0% ≥ 1.0%

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Carcinogenicity** ≥ 0.1% ≥ 0.1%
Reproductive toxicity ≥ 0.1% ≥ 0.1%
Specific target organ toxicity (single exposure) ≥ 1.0% ≥ 1.0%
Specific target organ toxicity (repeated exposure) ≥ 1.0% ≥ 1.0%
Specific target organ toxicity (single exposure)
Category 3
>20% >20%

* See Table A.4.5 of the HCS 2024 standard for cut-off values for Category 1B ingredients.

** Note: If a Category 2 carcinogen ingredient is present in the mixture at a concentration
between 0.1% and 1%, information is required on the SDS for a product. However, a label
warning is optional. If a Category 2 carcinogen ingredient is present in the mixture at a
concentration of ≥1%, both an SDS and a label is required and the information must be included
on each.

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Appendix C

Evaluation of Carcinogenicity

Carcinogenicity refers to the induction of cancer or an increase in the incidence of cancer
occurring after exposure to a substance or mixture.

1. A chemical must be classified as a carcinogen if the chemical is regulated as a carcinogen by
29 CFR part 1910, Subpart Z, Toxic and Hazardous Substances.

2. When classifying carcinogens, chemical manufacturers and importers must do one of the
following:

a. Conduct their own weight-of-evidence hazard evaluation, or

b. Use the International Agency for Research on Cancer (IARC) or the National Toxicology
Program (NTP) as sources to establish whether a chemical is a carcinogen.

Weight-of-evidence evaluation

Chemical manufacturers and importers are to conduct a hazard classification of the chemicals
they produce or import. This includes classifying carcinogens based on the strength and weight
of evidence in accordance with 29 CFR 1910.1200(d) and Appendix A, chapter A.6. After
determining the classification of the chemical, the appropriate hazard communication elements
must be provided on the label and SDS.

Hazard categories for carcinogenicity include:

1. Category 1: Known or presumed human carcinogens.

a. Category 1A: Known to have carcinogenic potential for humans.

b. Category 1B: Presumed to have carcinogenic potential for humans.

2. Category 2: Suspected human carcinogens.

Use of IARC or NTP

The standard provides chemical manufacturers and importers the option of relying on the
evaluations of the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans (latest
edition) or the NTP Report on Carcinogens (RoC) (latest edition) when classifying carcinogens

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rather than conducting their own hazard classification. To help with converting IARC and NTP
classifications to HCS 2024 classifications for carcinogenicity, Table C.1 relates the HCS 2024
hazard categories for carcinogenicity to the classifications provided by IARC and NTP. Note: The
HCS 2012 hazard categories for carcinogenicity did not change in the HCS 2024 revision to the
standard.

Table C.1 - Approximate Equivalents Among Carcinogen Classification Schemes
(Adapted from Appendix F to 1910.1200)

HCS 2024 IARC NTP RoC
Category 1A -
Known to have carcinogenic
potential for humans
Group 1 -
Carcinogenic to humans
Known to be human
carcinogen

Category 1B -
Presumed to have carcinogenic
potential for humans
Group 2A -
Probably carcinogenic to
humans
Reasonably anticipated to
be a human carcinogen
(see Note 1 below)

Category 2 -
Suspected human carcinogens
Group 2B -
Possibly carcinogenic to
humans*

* A classifier not relying on Table C.1 when performing their hazard classification may find that
some IARC 2B agents, based on sufficient evidence of carcinogenicity in experimental animals
but inadequate evidence in humans, essentially correspond to HCS 1B.

Note 1 (includes all the points outlined below):

NTPs Reasonably Anticipated to be Human Carcinogens aligns with both HCS Category 1B and
Category 2, and IARC Group 2A and Group 2B. To help determine where these classifications
correspond, the following guidance is provided.

1. If there is limited evidence of carcinogenicity from studies in humans, an NTP Reasonably
Anticipated to be a Human Carcinogen would correspond to IARC 2A/HCS 1B.

2. If there is sufficient evidence of carcinogenicity from studies in experimental animals, an
NTP Reasonably Anticipated to be a Human Carcinogen would correspond to IARC 2A/
HCS 1B.

3. In cases where there is less than sufficient evidence of carcinogenicity in humans or
laboratory animals, follow the guidance outlined below:

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a. If the agent, substance, or mixture belongs to a well-defined, structurally-related
class of substances whose members are listed in a previous RoC as either “Known”
“Reasonably Anticipated” to be a human carcinogen, it would align at minimum
with HCS Category 2, or
b. If there is convincing relevant information that the agent acts through mechanisms
indicating it would likely cause cancer in humans, it would align at minimum with
HCS Category 2.

Other requirements for classification of carcinogens

1. One Positive Study

If the weight of evidence for the carcinogenicity of a substance does not meet the criteria in
Appendix A, chapter A.6 of the standard, any positive study conducted in accordance with
established scientific principles that reports statistically significant findings regarding the
carcinogenic potential of the substance must be noted on the safety data sheet.

2. Category 2 Carcinogens

If a Category 2 carcinogen ingredient is present in a mixture at a concentration between
0.1% and 1%, that information is required on the SDS. If a Category 2 carcinogen ingredient
is present in a mixture at a concentration of ≥ 1%, the information must be included on both
the SDS and the label.

3. IARC and NTP Evaluations

Whether the chemical manufacturer or importer chooses to use IARC or NTP for
classification of carcinogens or conduct their own evaluation, the classification results of
IARC and NTP must be listed on the SDS in Section 11.

NTP

Those chemicals identified as being “known to be a human carcinogen” and those substances
that may “reasonably anticipated to be a human carcinogen” by NTP must have that carcinogen
determination information listed on the SDS. Appearing in NTP’s biannual Report on
Carcinogens constitutes a positive finding of being a known or reasonably anticipated
carcinogen.

IARC

IARC evaluates chemicals, manufacturing processes, and occupational exposures as to their
carcinogenic potential. The IARC criteria for judging the adequacy of available data and for

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evaluating carcinogenic risk to humans were established in 1971 (Volumes 1-16) and revised in
2006 (Volumes 17 and following).

IARC Monographs contain evaluations on specific chemicals or processes. At the conclusion of
each evaluation, IARC provides a summary evaluation. Periodically, IARC publishes
supplements in which chemicals that have already been evaluated in previous monographs are
reevaluated. In cases where a chemical has been reevaluated, the most recent IARC evaluation
shall be relied upon.

IARC provides a summary in Supplement 7 of the chemicals which have been evaluated in
Volumes 1-42. Table I of Supplement 7 provides a summary evaluation of all chemicals for
which human and animal data were considered and a summary classification of a chemical’s
carcinogenic risk:

Group 1 - The agent is carcinogenic to humans.
Group 2A - The agent is probably carcinogenic to humans.
Group 2B - The agent is possibly carcinogenic to humans.
Group 3 - The agent is not classifiable as to its carcinogenicity to humans.
Group 4 - The agent is probably not carcinogenic to humans.

All IARC listed chemicals in Groups 1, 2A, and 2B must be noted on the SDS.

Individual monographs have been published subsequent to Supplement 7. For purposes of
compliance with the SDS requirements, the IARC monograph’s summary evaluation for the
chemical can generally be relied upon. However, in some cases it may be necessary to review
the evaluations as a group of compounds may be listed in the summary as carcinogenic. Upon
closer examination of the appropriate monograph it may be revealed that IARC had data to
support the carcinogenicity of only certain compounds. The compounds where IARC has the
data are the only ones covered by the HCS.

IARC also evaluates specific industrial processes or occupations for evidence of increased
carcinogenicity. Findings that an occupation is at increased risk of carcinogenicity, without
identification of specific causative agents, do not affect SDS requirements.

What CSHOs should look for when evaluating the SDS

When performing an inspection, the CSHO must determine the type of company they are
evaluating (downstream user, manufacturer, distributor or importer). If the company is a
downstream user or distributor and the CSHO finds an inadequate SDS, the CSHO will initiate
the referral procedures in Appendix G of this Instruction. If the company is the manufacturer or
importer, the CSHO shall follow the instructions detailed below.

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1. When a chemical has been determined to be a carcinogen by NTP or IARC:

If a chemical appears in the NTP’s Report on Carcinogens or is classified by IARC in Group 1,
2A, or 2B, then that information must be presented in Section 11 of the SDS. If the notation
does not appear on the SDS, then a citation may be issued where appropriate.
0F
1

2. If the designation of a carcinogen by NTP or IARC appears on the SDS but the chemical is not
classified as a carcinogen by the manufacturer or importer:

If neither the label nor Section 2 of the SDS indicate the chemical is a carcinogen, but
Section 11 of the SDS notes positive findings of carcinogenicity by NTP or IARC, it indicates
the hazard evaluation performed by the manufacturer or importer conflicts with the
evaluation of NTP and/or IARC.

In these cases, the CSHO should request that manufacturer or importer provide any data
and justification it has for the classification.

The Area Director (AD) shall refer this information to the Regional Hazard Communication
Coordinator who shall refer it to OSHA’s Directorate of Technical Support and Emergency
Management (DTSEM), Health Response Team (HRT). HRT scientists will conduct a review
of the carcinogen evaluation for conformance with 29 CFR 1910.1200(d) and Appendix A,
chapter A.6. A bulk sample of the chemical may be needed by the HRT to assist in their
review.

If HRT scientists find that the manufacturer has followed appropriate classification
procedures as discussed in Appendix B of this Instruction, then no further action will be
taken. If there are deficiencies in the classification procedures (e.g., relevant data not
adequately addressed, weight of evidence not performed in accordance with Appendix A.0
and A.6 of the HCS standard, criteria not applied appropriately), a citation may be issued.
Table C-2 provides a general guide regarding the labeling and SDS requirements under the
HCS.

Table C-2: Guidance for Label and SDS Notations for Carcinogens
Source Label SDS
Regulated by OSHA as a carcinogen X X
If a manufacturer has NOT performed its own weight of evidence evaluation
Classification of carcinogen based on positive
evaluations from IARC/NTP
X X
If a manufacturer has performed an appropriate weight of evidence evaluation

1
Chemical manufacturers and importers have three months to update the SDS after becoming newly aware of information on a
hazard. If a chemical has been listed by IARC or NTP within the past three months, then a citation is not appropriate.

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Weight of evidence for carcinogenicity meets the
criteria listed in A.6
X X
If manufacturer finds weight of evidence does not
meet Appendix A.6 of the HCS standard

Listed on NTP Report on Carcinogens (see Note) Not required

X
Listed in IARC Monographs
IARC – Group 1 (see Note) Not required

X
IARC – Group 2A (see Note) Not required

X
IARC – Group 2B (see Note) Not required

X
IARC – Group 3 Not required Not required
IARC – Group 4 Not required Not required
Other Considerations
One positive study
(see Note)
Not required

X
Category 2 Carcinogen ingredients ≥ 1% in a mixture X X
Category 2 Carcinogen ingredients ≥ 0.1% and < 1% in
a mixture
Optional X
Note: If the weight of evidence supports non-classification.

Carcinogenicity of lubricating oils
On December 20, 1985, OSHA published an interpretive notice in the Federal Register regarding
the carcinogenicity of lubricating oils (Vol. 50 FR 51852). The notice was published in response
to a number of inquiries which were received regarding the applicability of the HCS
requirements to naphthenic lubricating oils which are refined using a hydrotreatment process.
These types of oils may be found in a number of industrial operations, including ink
manufacturing and the production of synthetic rubber.
Positive findings of carcinogenicity by the International Agency for Research on Cancer (IARC)
must be reported under the HCS. The IARC Monograph 33 concludes that there is sufficient
evidence to indicate that mildly hydrotreated and mildly solvent refined oils are carcinogenic.
Therefore, under the requirements of the HCS, producers of such materials must report such
findings on the SDS for the substance and include appropriate hazard warnings on labels.
IARC also stated that there is inadequate evidence to conclude that severely hydrotreated oils
are carcinogenic, and that there is no evidence to indicate that severely solvent-refined oils are
carcinogenic. In the absence of any valid, positive evidence from sources other than IARC
regarding the carcinogenicity of severely hydrotreated or severely solvent-refined oils, no
reference to carcinogenicity need be included on the SDS and label for such materials. IARC has
also concluded that when an oil is refined using sequential processing of mild hydrotreatment
and mild solvent refining, there is no evidence of carcinogenicity.

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The questions posed to OSHA concerned the process parameters used for mild hydrotreatment.
OSHA examined the studies upon which IARC based its positive findings and concluded that any
oil will be considered to be mildly hydrotreated if the hydrotreatment process was conducted
using pressure of 800 pounds per square inch or less, and temperatures of 800 degrees
Fahrenheit or less, independent of other process parameters. If the oil is produced within these
parameters, it must be considered to be potentially carcinogenic under the requirements of the
HCS.

D-1
Appendix D

Petroleum Streams

A petroleum stream includes crude oil and anything derived from crude oil that is:

• a well-defined chemical compound defined by a Chemical Abstracts Service Registry
Number, such as butane or propane, aside from impurities and stabilizers; or

• a Substance of Unknown or Variable composition, Complex reaction products or
Biological materials (UVCBs) defined by a Chemical Abstracts Service Registry Number.

Petroleum Stream Classification

The obligation to classify the health hazards of petroleum streams under the Hazard
Communication standard may be satisfied by following the below guidance, in conjunction with
the general guidance found in A.0.1-A.0.3, in the application of the classification criteria in
Appendix A of the standard.

1. For hazard classes other than carcinogenicity, germ cell mutagenicity, and reproductive
toxicity (“CMR”), a petroleum stream shall be classified as follows:

a. Where test data are available for the petroleum stream, the classification of the stream
will always be based on those data.

b. Where test data are not available for the stream itself, the classification may be based
on a toxicologically appropriate read across from test results of a substantially similar
stream. A substantially similar stream is one that has a similar starting material,
production process, and range of physico-chemical properties (e.g., boiling point and
carbon number) and similar constituent compositions.

c. If test data are not available either for the stream itself or a substantially similar stream,
then the method(s) described in each chapter of Appendix A for estimating the hazards
based on the information known will be applied to classify the stream (i.e., application
of cut-off values/concentration limits).

2. For the CMR hazard classes:

a. When reliable and good quality data are available to classify a petroleum stream—based
on testing of the stream or the toxicologically appropriate read-across to a substantially
similar stream—a weight-of-evidence analysis supported by that data may be relied
upon for classification regardless of whether a CMR constituent is present in the stream.

D-2
A substantially similar stream is one that has a similar starting material, production
process, and range of physicochemical properties (e.g., boiling point and carbon
number) and similar constituent compositions.

b. To be reliable and good quality test data, the data must be from one or more tests that
reflect appropriate study design and performance. The study or studies must
appropriately take into account dose and other factors such as duration, observations,
and analysis (e.g., statistical analysis, test sensitivity) so as to conclusively exclude the
possibility that the lack of effect(s) is due to a poor study design, e.g., insufficient dose
or number of subjects. A study (or studies) is conclusive in this sense if, when viewed in
conjunction with all relevant information about the chemical, its results are consistent
with the relevant information and allow a strong inference that the lack of effects is not
due to a poor study design.

Where reliable and good quality data are not available on the stream or a substantially
similar stream, then the method(s) described in each chapter of Appendix A for
estimating the hazards based on the information known will be applied to classify the
stream (i.e., application of cut-off values/concentration limits).

Safety Data Sheet (SDS) Disclosure

Many petroleum streams are of unknown or variable concentration, and cannot be represented
by unique structures, molecular formulas, or fixed concentration percentages. In addition,
petroleum industry test data are largely based on the testing of streams rather than the
hundreds or thousands of individual constituents of those streams. In light of these facts,
application of the disclosure requirements in Section 3 of table D.1 to petroleum streams may
be infeasible and/or undermine the usefulness of the SDS. Thus, SDSs for petroleum streams
that are in accordance with the following guidance will be considered to be in compliance with
the standard for enforcement purposes.

1. When dealing with petroleum streams, it may be more important for the user to know the
concentrations of particular groups of constituents that are toxicologically similar. For
example, in the classification of a petroleum stream, it may be more relevant to know the
total concentration of a class of constituents such as polycyclic aromatic hydrocarbons
(PAH) to understand the health hazards of the stream, rather than knowing the
concentration of each particular PAH. Further, information about the presence and
concentration of particular constituents of the group might not be available, or even if it
were, inclusion of everyone could lead to the listing of hundreds of constituents. This is
likely to undermine the effectiveness of the disclosure requirements in Section 3. Thus,
where the classifier can show that it is toxicologically appropriate to treat a particular set of
constituents as a group, and all of the toxicologically useful information about the
constituents in that group is conveyed by treating them as a group, the SDS need only
include the name and concentration of that group in Section 3 if present above the cut-

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off/concentration limit (or if the group presents a health risk below the cut-
off/concentration limit). The foregoing example of PAHs is designed to assist in better
understanding the concept of this paragraph. It is not intended to limit the application of
this approach to any particular type or group of constituents.

2. Other constituents, such as benzene or n-hexane, that are known to be present in the
stream, and that present classified health hazards, must be listed individually in Section 3
along with their concentrations if present above the cut-off/concentration limit (or if the
constituent presents a health risk below the cut-off/concentration limit).

3. Where there is “reliable and good quality” data supporting a weight-of-evidence
determination that a constituent in a petroleum stream poses no health risk (as per
A.0.4.3.3) in a downstream use of the stream, it need not be disclosed on the SDS.

4. Where the classifier does not know the exact concentration of a constituent or group of
constituents included in Section 3 of the SDS, it may use a range of concentrations instead.
Concentration ranges, if used, must be based on the information available to the classifier,
such as analysis results, product specifications, or nature of the process, and the high end of
the range reported may not affect the reported hazard classification.

E-1
Appendix E

HCS 2024 Compliance Dates

Compliance Date Requirement(s) Who
May 19, 2026 Update labels and SDSs for
substances
Chemical manufacturers,
importers, distributors and
other employers
November 20, 2026 For substances, update workplace
labels, hazard communication
program and training as necessary
Employers
November 19, 2027 Update labels and SDSs for mixtures Chemical manufacturers,
importers, distributors and
other employers
May 19, 2028 For mixtures, update workplace
labels, hazard communication
program and training as necessary
Employers
Transition Period July 19,
2024 to the compliance
dates noted above
May comply with either HCS 2024 or
HCS 2012, or both
Chemical manufacturers,
importers, distributors, and
other employers

F-1
Appendix F
Pictograms and Hazards
Health Hazard

Flame

Exclamation Mark

· Carcinogenicity
· Germ Cell Mutagenicity
· Reproductive Toxicity
· Respiratory Sensitizer
· Specific Target Organ
Toxicity
- Single Exposure (Categories
1 & 2)
- Repeated Exposure
(Categories 1 & 2)
· Aspiration Hazard
· Flammables
- Gases (including pyrophoric
gases)
- Liquids (Categories 1-3)
- Solids
· Pyrophoric solids and liquids
· Self-Heating Substances and
Mixtures Which, in Contact
with Water, Emit Flammable
Gas
· Self-Reactives (Types B - F)
· Organic Peroxides (Types B -
F)
· Desensitized Explosives
· Aerosols (Categories 1 & 2)
- Chemical Under Pressure
(Categories 1 & 2)
· Irritant (skin and eye)
· Skin Sensitizer
· Acute Toxicity (harmful) –
Oral (Category 4)
Dermal (Category 4)
Inhalation (Category 4)
· HNOC (Non-Mandatory)
Specific Target Organ Toxicity
- Single Exposure (Category 3:
respiratory tract irritant or
narcotic effects)
· Hazardous to Ozone Layer
(Non-Mandatory)*
Gas Cylinder

Corrosion

Exploding Bomb

· Gases Under Pressure
· Chemicals Under Pressure
(Categories 1 - 3)

· Skin Corrosion
· Eye Damage
· Corrosive to Metals
· Corrosive to the Respiratory
Tract
· Explosives
- Unstable explosive
- Division 1.1- Division 1.4)
· Self-Reactives (Types A & B)
· Organic Peroxides (Types A
& B)

F-2
Flame over Circle

Environment
(Non-Mandatory)

Skull and Crossbones

· Oxidizing Gases, Liquids and
Solids
· Aquatic Toxicity* · Acute Toxicity – Oral
(Categories 1-3)
Dermal (Categories 1-3)
Inhalation (Categories 1-3)
Note: Certain categories of self-reactive chemicals and organic peroxides require that the label
include two pictograms for the same hazard—both the flame and exploding bomb pictograms.

*This hazard is included in the GHS and it is not prohibited to include it on labels under the HCS.

G-1
Appendix G

Referral Procedures and
Sample Letter, Safety Data Sheet/Label Query

The following procedures apply in situations where the manufacturer’s, importer’s, or
distributor’s safety data sheet (SDS) or label is inadequate or deficient, inappropriate language
(e.g., “OSHA approved”) is used on the label or SDS, or trade secret information is not disclosed.
These procedures also apply when the manufacturer, importer or distributor refuses to supply
an SDS to a downstream user.

1. If an employer does not have an SDS but has made a good faith effort to contact the
manufacturer, importer or distributor because they have not received the SDS, the Area
Office may be contacted to provide assistance. See X.G.4. of this Instruction.

2. Employers assume no responsibility for the content and accuracy of the SDS provided to
them by the manufacturer, importer or distributor, unless the employer changes the SDS.
See X.G.4.a. of this Instruction.

3. Compliance safety and health officers (CSHOs) will collect copies of any SDS with inaccurate
or deficient information for referral to the appropriate Area Office or State Plan that has
jurisdiction over the manufacturer, importer or distributor.

4. Referral procedures

a. The originating Area Office (the one with the inadequate SDS or label) shall provide
documentation of the issues (e.g., a list of errors) and a copy of the SDS and/or label by
fax or email to the Area Office with jurisdiction over the manufacturer, importer or
distributor. The originating Area Office must phone the Area Office with jurisdiction to
ensure that the documents are received, understood, and that the Area Office with
jurisdiction knows who to contact in the originating Area Office.

b. In the event that the CSHO needs SDS information quickly as part of a current
inspection, he/she may contact the manufacturer, importer or distributor directly prior
to making the referral to the Area Office in whose jurisdiction the manufacturer is
located.

c. The Area Office with jurisdiction receiving the referral shall contact the manufacturer,
importer or distributor using the contact letter provided in this appendix.

i. If the manufacturer, importer or distributor does not respond or provides an
inadequate response, the appropriate Area Office shall open an inspection.

G-2

ii. The Area Office within whose jurisdiction the manufacturer, importer or distributor
is located will ensure that results from the referral are provided to the Area Office or
State Plan where the referral originated.

State Plan program offices shall follow the referral procedures as required by the respective
State Plan.

G-3
Sample Letter

Date
Company Name
Street Address
City, State, ZIP Code

Dear (Name or Position of Responsible Party):

Representatives of the Occupational Safety and Health Administration (OSHA)/or State Plan
designated agency recently visited/or corresponded with (company name), which purchases
the following chemical(s) from your company:

(List chemicals, products)

OPTION 1:
At the time of the visit, (company name) did not have safety data sheets (SDSs)/labels for the
above-listed products, despite a prior request to your company.

OPTION 2:
At the time of the visit, safety data sheets (SDSs)/labels supplied by your company were found
to be deficient in the following areas:
(Describe the specific deficiencies.)

You are required under OSHA's Hazard Communication standard (29 CFR 1910.1200) to classify
the hazards of the materials, label containers, and provide the SDSs for all hazardous chemicals
which you produce or import. A copy of the standard is available at www.osha.gov.

Please immediately send properly completed safety data sheets/labels for the chemicals listed
above to your customer and a copy to OSHA. If the SDSs were deficient, you are required to
send revised copies to all of your customers with the first shipment after an SDS/label is
revised. If this information is not received within 20 working days, an inspection of your
establishment may be conducted.

Thank you for your assistance. If you have any questions regarding this matter, please feel free
to contact me at _______.

Sincerely,

Area Director

H-1
Appendix H

Guide for Reviewing Safety Data Sheet (SDS) Compliance

NOTE: This guide has been developed for use as an optional aid during inspections. The
information contained in this Appendix mirrors the information required in Appendix D of the
standard, a mandatory appendix.

If a CSHO is reviewing an SDS for compliance, the following list of required elements may be
helpful:

1. Section 1, Identification
a. Product identifier that is on the label.
b. Other means of identification.
c. Recommended use and restrictions of use.
d. Contact information for the responsible party (name, U.S. address, U.S. phone number).
e. Emergency number – A number that reaches a knowledgeable person on the other end.
There is no requirement for the emergency number to be staffed 24 hours per day if the
SDS specifies the restrictions on the contact hours. The emergency contact number can
be for a company contracted to provide information in the case of an emergency. The
knowledgeable person must be able to answer questions and be understandable (e.g.,
speak English).

Note: If the company name, address and phone number are located at the top of the
page instead of in Section 1, this is a de minimis violation and a citation shall not be
issued.

2. Section 2, Hazard(s) identification
a. Hazard Classification(s) – The Hazard Classification includes the hazard class and the
category, e.g., Flammable Liquid, Category 1, unless that information is unknown for the
chemical. This includes hazards classified under paragraph (d)(1)(i).
b. Signal word(s), hazard statement(s), symbols (pictograms without the border) or a
description of the symbol, precautionary statement(s) (not including hazards not
otherwise classified and hazards identified and classified under paragraph (d)(1)(ii)).
c. Hazards classified under paragraph (d)(1)(ii).
d. Description of any hazards not otherwise classified (HNOC) that have been identified
during the classification process.
e. Unknown acute toxicity percentage if the ingredient(s) with unknown acute toxicity is
present at a concentration ≥ 1% and the mixture is not classified based on testing of the
mixture as a whole.

3. Section 3, Composition/information on ingredients

H-2
a. For substances:
a. Chemical name.
b. Common name and synonyms.
c. Chemical Abstract Service (CAS) Registry number and other unique identifiers.
d. If the chemical is a substance, impurities, and stabilizing additives (constituents)
which are themselves classified and which contribute to the classification of the
substance.
b. For mixtures, in addition to the information required for substances, the SDS must
include the chemical name, CAS number or other unique identifier, and concentration
(exact percentage) or concentration ranges of all ingredients which are classified as
health hazards in accordance with paragraph (d) and
1) are present above their cut-off/concentration limits; or
2) present a health risk below the cut-off/concentration limits.
i. Note: When CAS number is not available or claimed as a trade secret, the preparer
must indicate the source of the unique identifier. Concentration ranges may only be
used where a trade secret is claimed in accordance with paragraph (i), for batchto-
batch variability, and for a group of substantially similar mixtures.
ii. Where a trade secret is claimed in accordance with paragraph (i) of §1910.1200, a
statement that the specific chemical identity, and/or concentration (exact or range)
of the composition has been withheld as a trade secret is required. When the
concentration or concentration range is withheld as a trade secret, the prescribed
concentration ranges used in §1910.1200(i)(1)(iv) – (vi) must be used.

4. Section 4, First-aid measures
a. Necessary first aid measures by route of exposure.
b. The most important symptoms and when they occur (acute/delayed).
c. Whether medical attention is needed immediately and any special treatment, if
necessary.

5. Section 5, Fire-fighting measures
a. Suitable (and unsuitable) extinguishing media.
b. Any specific hazards caused by combustion of the material.
c. Special PPE and precautions for fire-fighters.

6. Section 6, Accidental release measures
a. Precautions, PPE, and emergency procedures required.
b. Methods/materials for containment and cleanup.

7. Section 7, Handling and storage
a. Precautions for safe handling.
b. Safe storage conditions, including incompatibilities.

8. Section 8, Exposure controls/personal protection

H-3
a. For all ingredients or constituents in Section 3, OSHA permissible exposure limit (PEL),
American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit
Value (TLV)
®
, other exposure limit(s) or range(s) used or recommended by the SDS
preparer (including ceiling and other short-term limits).
b. Appropriate engineering controls.
c. Protective measures (e.g., PPE).

9. Section 9, Physical and chemical properties
a. Physical state
b. Color
c. Odor (includes odor threshold)
d. Melting point/freezing point
e. Boiling point (or initial boiling point or boiling range)
f. Flammability
g. Lower and upper explosion limit/flammability limit
h. Flash point
i. Auto-ignition temperature
j. Decomposition temperature
k. pH
l. Kinematic viscosity
m. Solubility
n. Partition coefficient n-octanol/water (log value)
o. Vapor pressure (includes evaporation rate)
p. Density and/or relative density
q. Relative vapor density
r. Particle characteristics

10. Section 10, Stability and reactivity
a. Reactivity
b. Chemical Stability
c. Possibility of hazardous reactions including those associated with foreseeable
emergencies
d. Conditions to avoid (e.g., static discharge, shock, vibration)
e. Incompatible materials
f. Hazardous decomposition products

11. Section 11, Toxicological information
a. Routes of exposure.
b. Symptoms related to the physical, chemical and toxicological characteristics.
c. Immediate, delayed, and chronic effects from short- and long-term exposure.
d. Numerical estimates of toxicity (such as acute toxicity estimates).
e. Interactive effects (information on interactions should be included if relevant and
readily available)

H-4
f. Whether a chemical is listed by NTP, IARC or OSHA as a carcinogen.
g. When specific chemical data or information is not available, the preparer must indicate
if alternative information is used and the method used to derive the information (e.g.,
where the preparer is using information from a class of chemicals rather than the exact
chemical in question and using SAR to derive the toxicological information).

12. Section 12, Ecological information (Non-mandatory). The lack of information in these
sections is not citable; however, this heading is required and its absence would be a de
minimis violation, see note 1 to 1910.1200(g)(2).

13. Section 13, Disposal considerations (Non-mandatory). The lack of information here is not
citable, however this heading is required and its absence would be a de minimis violation,
see note 1 to paragraph 1910.1200(g)(2).

14. Section 14, Transport information (Non-mandatory). The lack of information here is not
citable, however this heading is required and its absence would be a de minimis
violation, see note 1 to paragraph 1910.1200(g)(2).

15. Section 15, Regulatory information (Non-mandatory). The lack of information here is
not citable, however this heading is required and its absence would be a de minimis
violation, see note 1 to paragraph 1910.1200(g)(2).

16. Section 16, Other information, including date of preparation or last revision.
a. Date of preparation or last revision – This does not mean date of printing. The use of
the statement “valid on the date of printing only” is inconsistent with the requirements
of the HCS as the SDS is intended to be a reference document that reflects the most
accurate and current information about a specific hazardous chemical that is available at
the time the SDS is developed.
b. If new information has become available, the SDSs must be updated within three
months, see 1910.1200(g)(5).

If there is no relevant information for a section or subsection (e.g., flash point), the SDS must
state that no applicable information is available (NA or none).

I-1

Appendix I

Other OSHA Standards Amended by HCS 2012
These amendments remain relevant following publication of the HCS 2024. However, it
should be noted that the HCS 2024 did not further modify any of these other standards
affected by HCS 2012.
Standard Number Standard Name
1910.106 Flammable liquids
1910.107 Spray finishing using flammable and combustible materials
1910.119 Process safety management of highly hazardous chemicals
1910.120 Hazardous waste operations and emergency response
1910.123 Dipping and coating operations: Coverage and definitions
1910.124 General requirements for dipping and coating operations
1910.125
Additional requirements for dipping and coating operations that use
flammable liquids or liquids with flashpoints greater than 199.4
o
F (93
o
C).
1910.252 Welding, cutting, and brazing
1910.1001 Asbestos
1910.1003 13 Carcinogens
1910.1017 Vinyl chloride
1910.1018 Inorganic arsenic
1910.1025 Lead
1910.1026 Chromium (VI)
1910.1027 Cadmium
1910.1028 Benzene
1910.1029 Coke oven emissions
1910.1043 Cotton dust
1910.1044 1,2-dibromo-3-chloropropane
1910.1045 Acrylonitrile
1910.1047 Ethylene oxide
1910.1048 Formaldehyde
1910.1050 Methylenedianiline
1910.1051 1,3-Butadiene
1910.1052 Methylene chloride
1910.1450 Occupational exposure to hazardous chemicals in laboratories
1915.1001 Asbestos
1915.1026 Chromium (VI)
1926.60 Methylenedianiline
1926.62 Lead
1926.64 Process safety management of highly hazardous chemicals
1926.65 Hazardous waste operations and emergency response
1926.152 Flammable liquids

I-2

1926.155 Definitions applicable to this subpart
1926.1101 Asbestos
1926.1126 Chromium (VI)
1926.1127 Cadmium

J-1

Appendix J

Other Standards to Consider When Citing Chemical Exposures
with No PEL

Specific Standards. When employees have been overexposed to hazardous chemicals with no
OSHA PEL, Area Offices should also consider issuing citations under the following standards,
and grouping them with the 5(a)(1) violation. Applicable directives are referenced below.
Standards potentially citable are presented as being either generally applicable or operation
specific. Please also refer to parallel standards and directives for other industries (e.g.,
construction, maritime, and agriculture) where they apply.

Standards Generally Applicable:

 29 CFR 1910 Subpart I, Personal Protective Equipment.

• 1910.132 General Requirements. Employers must conduct a hazard assessment to
determine whether hazards that require the use of personal protective equipment
are present, or likely to be present [paragraph (d)(1)], and to determine what
personal protective equipment is required to prevent worker exposure to the
hazards [paragraph (d)(1)(i)]. This standard can also be cited if the employer has
not documented a required hazard evaluation [paragraph (d)(2)]. See also CPL 02-
01-050, Enforcement Guidance for PPE, February 10, 2011.

• 1910.133, Eye and Face Protection. This standard can be cited when the employer
failed to ensure that employees use appropriate eye or face protection when
exposed to chemical hazards to the eyes or face [paragraph (a)(1)].

• 1910.134, Respiratory Protection. This standard may be cited when the employer
has failed to evaluate respiratory hazards [paragraph (d)(1)(iii)], or has not
provided respirators when workers are exposed to hazardous levels of chemicals,
including those without PELs [paragraph (a)(2)]. See also CPL 02-00-158,
Inspection Procedures for the Respiratory Protection Standard, June 26, 2014.

Standards Applicable to Specific Operations:

 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response. This standard
can be cited when the employer fails to conduct an initial site characterization
[paragraph (c)(2)], fails to provide appropriate PPE [paragraph (c)(5)(i)], or fails to
monitor operations conducted at hazardous waste sites or during emergency responses
to hazardous substance releases [paragraph (h)(1)(i)]. See also CPL 02-02-071, Technical
Enforcement and Assistance Guidelines for Hazardous Waste Site and RCRA Corrective
Action Clean-up Operations HAZWOPER, November 5, 2003; and CPL 02-02-073,

J-2

Inspection Procedures for 1910.120, Paragraph (q): Emergency Response to Hazardous
Substance Release, August 27, 2007.

 29 CFR 1910.146, Permit-Required Confined Space. Among other provisions, the
employer can be cited for failure to test or monitor the permit space as necessary to
determine if acceptable entry conditions exist prior to entry [paragraph (d)(5)(i)], and if
those acceptable conditions are being maintained during the course of entry operations
[paragraph (d)(5)(ii)]. See also CPL 02-00-100, Application of the Permit-Required
Confined Spaces Standard, May 5, 1995.

 29 CFR 1926.1200, Confined Spaces in Construction. Among other provisions, the
employer can be cited for failure to inform exposed employees of the presence of
permit spaces [paragraph 1203(b)(1)], failure to test or monitor a permit space
continuously or as necessary to determine if acceptable entry conditions exist prior to
entry [paragraph 1204(e)(1)], and failure to test or monitor a permit space to determine
if those acceptable conditions are being maintained during the course of entry
operations [paragraph 1204(e)(2)]. An employer may also be cited for failure to make
an SDS available to a medical facility treating a worker exposed to a substance for which
an SDS is available.

K- 1

Appendix K

Other Directives Changed due to HCS 2012*

The following table lists OSHA directives predating HCS 2012 or this Instruction, which contain
specific text(s) referencing HCS 1994 or cancelled CPL 02-02-038. Revisions to these directives
were generally minor in scope, e.g., to replace MSDS with SDS, but some of these directives’
revisions were more significant in scope to address updated HCS-specific procedures (e.g.,
hazard communication training, format of SDSs, labeling of carcinogens, signs for regulated
areas). *This Appendix was maintained for informational purposes following the publishing of
the HCS 2024. Directives that are no longer effective have been removed.

Directive
Short Title
Directive Full Title
Directive
Number
Directive
Date
Scope
1
of
Revisions by
HCS 2012
Asbestos
Inspection Procedures for
Occupational Exposure to
Asbestos Final Rule 29 CFR
1910.1001
CPL 02-02-
063
01/09/199
6
Minor
Butadiene 1,3-Butadiene
CPL 02-02-
066
10/30/199
7
Minor
Catastrophes
Response to Significant Events of
Potentially Catastrophic
Consequences
CPL 02-00-
094
07/22/199
1
Minor
Confined
Space
Application of the Permit-
Required Confined Spaces (PRCS)
Standards
CPL 02-00-
100
05/05/199
5
Minor
Formaldehyde
Changes to CPL 2-2.52 [HCHO],
change 1, 10/7/1991
CPL 02-02-
052 (CH-1)
10/07/199
1
Minor
Formaldehyde
Enforcement Procedure for
Occupational Exposure to
Formaldehyde
CPL 02-02-
052
11/20/199
0
Major
HAZ WASTE
Tech Enforcement and Assistance
Guidelines for Haz Waste Site
and RCRA HAZWOPER 1910.120
(b)-(o)
CPL 02-02-
071
11/05/200
3
Major
HAZWOPER
Inspection Procedures for 29 CFR
1910.120 and 1926.65, Paragraph
(q)
CPL 02-02-
073
08/27/200
7
Minor

K- 2

Directive
Short Title
Directive Full Title
Directive
Number
Directive
Date
Scope
1
of
Revisions by
HCS 2012
Hex Chrome
Inspection Procedures for the
Chromium (VI) Standards
CPL 02-02-
074
01/24/200
8
Major
Lead -
Construction
29 CFR 1926.62, Lead Exposure in
Construction; Interim Final Rule-
Inspection and Compliance
Procedures
CPL 02-02-
058
12/13/199
3
Major
Methylene
Chloride
Inspection Procedures for
Occupational Exposure to
Methylene Chloride Final
CPL 02-02-
070
12/14/200
1
Major
NEP - Hex
Chrome
National Emphasis Program -
Hexavalent Chromium
CPL 02-02-
076
02/23/201
0
Minor
NEP - Lead National Emphasis Program-Lead
CPL 03-00-
009
08/14/200
8
Minor
Pyrotechnics
Compliance Policy for
Pyrotechnics
CPL 02-01-
053
10/27/201
1
Minor
Tool Shed
Longshoring and Marine
Terminals "Tool Shed" Directive
CPL 02-00-
154
07/31/201
2
Minor
Written
Programs
Citation Policy for Paperwork and
Written Program Requirement
Violations
CPL 02-00-
111
11/27/199
5
Minor

1
Revisions made to these other OSHA directives were handled as either:
• Minor in scope - Very minor edits to incorporate HCS 2012 terms, such as: “material
safety data sheet” to “safety data sheet,” “MSDS” to “MSDS/SDS,” “hazard
determination” to “hazard classification,” and/or update reference(s) to the HCS
Directive with this 2015 revision.
• Major in scope - One or more revised paragraphs to incorporate HCS 2012 procedures,
such as: labeling for carcinogens or wastes, format of SDS, hazard communication
training, meaning of health hazard, and/or changed text of warning signs (lead,
asbestos, etc.).