OSHA Adopts GHS, Impacts on SDS regarding California Proposition 65 Ingredients

As some of you may be aware, in March, OSHA aligned its’ Hazard Communication Standard with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Over the next few months, I will be focused on offering my readers insight and details about the specifics of OSHA’s adoption of the GHS Framework and its’ recommendations. There are many questions in the air about how to proceed with respect to regulatory documents, and SDS, and I want to assure you that KMK is here to help answer your concerns and guide you in the right direction for GHS.

Firstly, OSHA has stipulated that the MSDS will be abbreviated to just SDS, because GHS introduced the term ‘Safety Data Sheet’ for the document previously named ‘Material Safety Data Sheet’.

Recently, a client asked me how the adoption of GHS would affect their SDS material safety data sheets in terms of listing for California Proposition 65 ingredients. From OEHHA, Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals since it was first published in 1987.

OSHA has stipulated that as their legal responsibility is with the protection of the workplace and in respect with ‘other Federal and States’ agencies self-responsibilities, they will enforce and monitor sections 1 to 11 inclusively and Section 16 ONLY on the SDS. The Environmental Protection Agency (EPA) will maintain responsibility over Sections 12 and 13 (Ecological Information and Disposal Considerations, respectively). The Department Of Transportation (DOT) will look into Section 14, leaving the EPA and the State Agencies to look into Section 15 for all applicable lists of ingredients that fall under their jurisdictions.