On February 9th, OSHA published a statement claiming that manufacturers and distributors of mixtures with ‘good faith’ and ‘reasonable diligence’ may be exempt from OSHA citations. OSHA understands that that ability to comply is in the hands of suppliers for many corporations.
According to the enforcement memo, the factors listed below will be taken into consideration:
· Developed and documented the process used to gather the necessary classification information from its upstream suppliers
· Developed a documented efforts to find hazard information from alternative sources (e.g., chemical registries)
· Provided a written account of continued dialogue with its upstream suppliers, including dated copies of all relevant written communication with its upstream suppliers
· Provided a written account of continued dialogue 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 2012
· Developed the course of action it will follow to make the necessary changes to SDSs and labels.
Keep in mind that the June 1, 2015 deadline has not been extended, but rather manufacturers and importers of mixtures (that show good faith) now have a reasonable time period after the deadline to become compliant.
For more about the enforcement memorandum, read: https://www.osha.gov/dep/enforcement/hazcom_enforcement-memo.html
For a follow up blog with detailed information on how to interpret the memorandum, read: http://www.qsdsconversion.com/can-you-prove-good-faith-to-extend-oshas-june-1st-ghs-deadline/
