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