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09.12.31 - Division of Labor and Industry - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 13,
FRIDAY, JUNE 28, 2013

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards

Authority: Labor and Employment Article, §§2-106(b)(4) and 5-312(b), Annotated Code of Maryland

Notice of Proposed Action
[13-167-P]

The Commissioner of Labor and Industry proposes to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments and revisions relating to Hazard Communication, 29 CFR Parts 1910 and 1926, excluding Part 1915 and 29 CFR §1910.1200(b)(6)(iv), published in 77 FR 17574 — 17896 (March 26, 2012), as amended. This action was considered by the Maryland Occupational Safety and Health Advisory Board pursuant to a meeting held on September 5, 2012, notice of which was given in accordance with State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend OSHA’s Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The modifications include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA is also modifying provisions of other standards to include standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements.

Comparison to Federal Standards

In compliance with Executive Order 01.01.1996.03, this proposed regulation is more restrictive or stringent than corresponding federal standards as follows:

(1) Regulation citation and manner in which it is more restrictive than the applicable federal standard:
29 CFR §1910.1200(b)(6)(iv). Wood or wood products are exempt from the requirements under OSHA’s Hazard Communication Standard (HCS). However, the exclusion for wood and wood products set forth in 29 CFR §1910.1200(b)(6)(iv) does not apply in Maryland.

(2) Benefit to the public health, safety or welfare, or the environment:
It is assumed that this proposal will help ensure that employees are apprised of the chemical hazards to which they may be exposed, and reduce the incidence of chemical-related occupational injuries and illnesses.

(3) Analysis of additional burden or cost on the regulated person:
The majority of the costs that are associated with complying with the revisions of the HCS will generally be incurred by the affected industries as one-time transitional costs over the phase-in period of four years.

(4) Justification for the need for more restrictive standards:
As Maryland is a state plan state, Maryland Occupational Safety and Health (MOSH) Program is required to adopt the federal standard or adopt a state standard that is “at least as effective” as the federal standard. As such, Maryland is incorporating by reference the latest modifications under OSHA’s HCS, and adhering to Maryland’s Occupational Safety and Health Act, Labor and Employment Article, §5-403(c), which provides that the exclusion for wood and wood products does not apply in Maryland.

Estimate of Economic Impact

I. Summary of Economic Impact. On the national level, the estimated cost of the final rule is $201,000,000 annually. The major cost elements associated with this final rule include the classification of chemical hazards in accordance with the GHS criteria and the corresponding revision of safety data sheets and labels to meet new format and content requirements; training for employees to become familiar with new warning symbols and the revised safety data sheet format; management familiarization and other management-related costs as may be necessary; and costs to purchase upgraded label printing equipment and supplies or to purchase pre-printed color labels in order to include the hazard warning pictogram enclosed in a red-bordered diamond on the product label.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: NONE
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude

D. On regulated industries or trade groups: (-) Indeterminable
 
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: (+) Indeterminable
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. OSHA acknowledges that the estimated compliance costs of $201,000,000 for the revisions to the HCS represent the additional costs necessary for employers to achieve full compliance. They do not include costs associated with current compliance that has already been achieved; nor do they include costs necessary to achieve compliance with existing requirements to the extent that some employers may currently not be fully complying with applicable regulatory requirements. The majority of the costs associated with compliance with the revisions to the HCS will generally be incurred by the affected industries as one-time transitional costs over the phase-in period of 4 years. Covered employers must complete all training regarding the new label elements and SDS format by December 1, 2013. Second, OSHA is requiring compliance with all of the provisions for preparation of new labels and safety data sheets by June 1, 2015. Distributors will have an additional 6 months (by December 1, 2015) to distribute containers with manufacturers’ labels in order to accommodate those they receive very close to the compliance date. Employers will also be given an additional year (by June 1, 2016) to update their hazard communication programs or any other workplace signs, if applicable.

F. OSHA has determined that the modifications of its HCS will enhance the effectiveness of the system in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational injuries and illnesses.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 North Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to dstone@dllr.state.md.us, or fax to 410-767-2986. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

  GG. Hazard Communication and [Material] Safety Data Sheets.
    (1)—(3) (text unchanged)
    (4) All amendments and revisions to 29 CFR §§1910 and 1926, including Appendices A—F, and excluding Part 1915 and 29 CFR §1910.1200(b)(6)(iv) that appear in the Federal Register on March 26, 2012 (77 FR 17574 ? 17896) are adopted by reference, as amended. Effective date:

J. RONALD DEJULIIS
Commissioner of Labor and Industry