SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS IN
THE HAZARD COMMUNICATION STANDARD
     (29 CFR 1910.1200, 1915.1200, 1917.28, 1918.90, 1926.59, and 1928.21)
                     OMB CONTROL NO. 1218-0072 (June 2020)

A.  JUSTIFICATION

1.  Explain the circumstances that make the collection of information necessary.  Identify any legal or administrative requirements that necessitate the collection.  Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act of 1970 (i.e., "The Act") is to "assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources" (29 U.S.C. 651 et. seq.).  To achieve this objective, the Act authorizes "the development and promulgation of occupational safety and health standards" (29 U.S.C. 651).

Section 6(b)(7) of the Act of 1970, states that any occupational safety or health standard promulgated by the Secretary of Labor under section 6(b) rulemaking authority "shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use of exposure."  In promulgating substance-specific rules to address the hazards of a particular chemical, OSHA followed this Congressional directive.  However, given the universe of chemicals present in American workplaces (as many as 1,399,145 hazardous chemical products), and the time-consuming nature of OSHA's rulemaking process, it became clear that little information would be available to employees if this substance-by-substance approach was the only avenue pursued.  Workers exposed to chemicals would continue to encounter a myriad of hazards.  Many chemicals cause acute injuries or illnesses such as rashes, burns and poisoning, or chronic effects such as cancer or liver damage.  Also, chemicals can pose physical hazards to workers by contributing to accidents such as fires and explosions.  To prevent such occupational hazards, the Agency addressed the issue of hazard information transmittal on a generic basis.

The purpose of the Hazard Communication Standard (HCS) (29 CFR 1910.1200) and its collection of information requirements is to ensure that the hazards of chemicals produced or imported are evaluated and that information concerning these hazards is transmitted to employers and employees. The collections of information requirements are approved by the Office of Management and Budget (OMB) under OMB Control Number 1218-0072.

 Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The HCS standard affects employers and employees in many different industries across the economy.  The HCS covers over five million workplaces in which employees are potentially exposed to hazardous chemicals.

The following paragraphs identify the paperwork requirements contained in the HCS.  Estimated burden hours and costs are discussed under Item 12.

Hazard Classification §1910.1200(d)

§1910.1200(d)(1) - Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section.  For each chemical, the chemical manufacturer or importer shall determine the hazard classes, and, where appropriate, the category of each class that apply 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 for the chemical to satisfy this requirement.

§1910.1200(d)(2) - Chemical manufacturers, importers or employers classifying chemicals shall identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. There is no requirement to test the chemical to determine how to classify its hazards.  Appendix A to §1910.1200 shall be consulted for classification of health hazards, and Appendix B to §1910.1200 shall be consulted for the classification of physical hazards.
Mixtures §1910.1200(d)(3)(i) - Chemical manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in Appendixes A and B to §1910.1200 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section.
§1910.1200(d)(3)(ii)  -  When classifying mixtures they produce or import, chemical manufacturers and importers of mixtures may rely on the information provided on the current safety data sheets of individual ingredients except where the chemical manufacture or importer knows, or in the exercise of reasonable diligence should know, that the safety data sheet misstates or omits information required by this section.
Written Hazard Communication Program § 1910.1200(e)
All employers who have workers exposed to hazardous chemicals must develop, implement and maintain a written hazard communication program.  The written hazard communication program must describe how the criteria specified in the following paragraphs are met: paragraphs (f) Labels and other forms of warning, (g) Safety Data Sheets, and (h) Employee information and training.  Also, the written plan must include a list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate SDSs, and the methods the employer uses to inform workers of the hazards on non-routine tasks and the hazards associated with chemicals contained in unlabeled pipes in their work areas.
For multi-employer worksites the hazard communication program must also include the following:  methods the employer will use to provide other employers(s) on-site access to SDSs for each hazardous chemical the other employer(s)' workers may be expose to while working; the methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect workers during the workplace's normal operating and in foreseeable emergencies; and the methods the employer will use to inform the other employer(s) of the labeling system used in the workplace.  Employers may use an existing hazard communication program to meet these requirements provided the plan meets the requirements described in the preceding paragraph.
On request, the employer must make their hazard communication program available to workers, their designated representatives, OSHA compliance officers, and the National Institute for Occupational Safety and Health (NIOSH).
A written program provides a structure upon which to evaluate programs.  Employers develop criteria they use in developing their programs, as well as the means used to meet those criteria.  The written program serves as a useful reference for workers.  Having the program in writing makes it easier to determine if the intent of the Standard is being met.  Employers need not update their hazard communication programs as long as they meet the criteria established in paragraph (e) of the Standard.
Labels and other forms of warning §1910.1200(f)
Labels on shipped containers §1910.1200(f)(1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked.  Hazards not otherwise classified do not have to be addressed on the container.  Where the chemical manufacturer or importer is required to label, tag or mark the following information shall be provided:

      §1910.1200(f)(1)(i) - Product identifier;
      §1910.1200(f)(1)(ii) - Signal word;
      §1910.1200(f)(1)(iii) - Hazard statement(s);
      §1910.1200(f)(1)(iv) - Pictogram(s);
      §1910.1200(f)(1)(v) - Precautionary statement(s); and,
      §1910.1200(f)(1)(vi)  - Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.
§1910.1200(f)(2) -  The chemical manufacturer, importer, or distributor shall ensure that the information provided under (f)(1)(i) through (v) is in accordance with Appendix C, Allocation of Label Elements, for each hazard class and associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages may also be included if appropriate).
§1910.1200(f)(3) - The chemical manufacturer, importer, or distributor shall ensure that the information provided under paragraphs (f)(1)(ii) through (iv) is located together on the label, tag, or mark.
§1910.1200(f)(4)
§1910.1200(f)(4)(i) - For solid metal (such as a steel beam or a metal casting), solid wood, or plastic items that are not exempted as articles due to their downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes;
§1910.1200(f)(4)(ii) - The label may be transmitted with the initial shipment itself, or with the safety data sheet that is to be provided prior to or at the time of the first shipment; and,
§1910.1200(f)(4)(iii) - This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grains).
§1910.1200(f)(5) - Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation.
Workplace labeling (§1910.1200(f)(6)) - Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either:
§1910.1200(f)(6)(i) - The information specified under (f)(1)(i) through (v) for labels on shipped containers; or,
§1910.1200(f)(6)(ii) - Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the 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.
§1910.1200(f)(7) - The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(6) of this section to be on a label. The employer shall ensure the written materials are readily accessible to the employees in their work area throughout each work shift.
§1910.1200(f)(8) - The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. For purposes of this section, drugs which are dispensed by a pharmacy to a health care provider for direct administration to a patient are exempted from labeling.
§1910.1200(f)(9) - The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.
§1910.1200(f)(10) -  The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.
§1910.1200(f)(11) -  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. 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.
Safety Data Sheets §1910.1200(g)

§1910.1200(g)(1) Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import.  Employers shall have a safety data sheet in the workplace for each hazardous chemical which they use.

§1910.1200(g)(2) - The chemical manufacturer or importer preparing the safety data sheet shall ensure that it is in English (although the employer may maintain copies in other languages as well), and includes at least the following section numbers and headings, and associated information under each heading, in the order listed (See Appendix D to §1910.1200--Safety Data Sheets, for the specific content of each section of the safety data sheet.)
      §1910.1200(g)(2)(i) - Section 1, Identification;
      §1910.1200(g)(2) (ii) - Section 2, Hazard(s) identification;
      §1910.1200(g)(2) (iii) - Section 3, Composition/information on ingredients;
      §1910.1200(g)(2) (iv) - Section 4, First-aid measures;
      §1910.1200(g)(2) (v) - Section 5, Fire-fighting measures;
      §1910.1200(g)(2) (vi) - Section 6, Accidental release measures;
      §1910.1200(g)(2)(vii) - Section 7, Handling and storage;
      §1910.1200(g)(2)(viii)  -  Section 8, Exposure controls/personal protection;
      §1910.1200(g)(2)(ix) - Section 9, Physical and chemical properties;
      §1910.1200(g)(2)(x) -  Section 10, Stability and reactivity;
      §1910.1200(g)(2)(xi) - Section 11, Toxicological information.
      Note 1 to paragraph (g)(2):  To be consistent with the GHS, an SDS must also include the following headings in this order:
      Section 12, Ecological information;
      Section 13, Disposal considerations;
      Section 14, Transport information; and
      Section 15, Regulatory information.
      Note 2 to paragraph (g)(2): OSHA will not be enforcing information requirements in sections 12 through 15, as these areas are not under its jurisdiction.
      §1910.1200(g)(2)(xii) - Section 16, Other information, including date of preparation or last revision.
§1910.1200(g)(5) - The chemical manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the chemical manufacturer, importer or employer preparing the safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the safety data sheet within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer shall add the information to the safety data sheet before the chemical is introduced into the workplace again.
§1910.1200(g)(11) - Safety data sheets shall also be made readily available, upon request, to designated representatives, the Assistant Secretary, and the Director, in accordance with the requirements of §1910.1020(e).
Trade Secrets (§1910.1200(i))
Chemical manufacturers, importers, or employers who withhold the specific chemical identity or the exact concentration, must immediately disclose the chemical identity or exact concentration where a treating physician or nurse determines that a medical emergency exists and that information is necessary for emergency or first-aid treatment.  Chemical manufacturers, importers, or employers generating a SDS, may request a written statement of need and confidentiality in accordance with paragraphs (i)(3) and (i)(4) of the Standard as soon as circumstances permit.
In non-emergency situations, chemical manufacturers, importers, withholding specific chemical identity or exact percentage must disclose the hazardous chemical identity or exact percentage to a health professional providing the medical or other occupational health services to exposed workers, provided the request in writing.  The request must describe with reasonable detail one of the items in paragraphs (i)(3)(ii).  If the health professional, worker, or designated representative who receives the trade secret information chooses to provide the information to OSHA, they must inform the chemical manufacturer, importer, or employers who prepare SDSs that they are providing the information to OSHA.
Chemical manufacturers, importers, or employers who prepare SDSs, may prepare a written denial for disclosure of specific chemical identity or exact percentage.  Written denials must contain the information stated in paragraph (i)(7) of the Standard.
3.  Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also describe any consideration of using information technology to reduce burden.

To the extent practical, OSHA standards minimize burdens on employers, including technical and legal burdens.  OSHA is aware that employers have developed a number of options to sort, collect, and store hazard communication information, and that many software programs have been marketed to assist employers in accomplishing these tasks.
The Standard allows for electronic access, and other alternatives to maintaining paper copies of the SDSs, so long as no barriers to immediate employee access are created by such options.  There are no known technical or legal obstacles to reducing the information collection burden through improved information technology.

OSHA is considering developing a SDS web application that would assist employers in formatting and printing their SDS.

4.  Describe efforts to identify duplication.  Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

Within the U.S., several regulatory authorities exercise jurisdiction over chemical hazard communication.  In addition to OSHA's HCS, the Department of Transportation (DOT) regulates chemicals in transport, the Consumer Product Safety Commission (CPSC) regulates consumer products, and the Environmental Protection Agency (EPA) regulates pesticides, as well as having other authority over labeling under the Toxic Substances Control Act.  OSHA has an MOU with the EPA dated April 12, 2012, that addresses EPA's Federal Insecticide, Fungicide, and Rodenticide Act's labels and safety data sheets.  Each of these regulatory authorities operates under different statutory mandates, and has adopted distinct hazard communication requirements.

5.  If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

 As part of the GHS rulemaking, OSHA analyzed the potential impact of the final rule on small entities, and prepared a Regulatory Flexibility Analysis (RFA) in conjunction with the rulemaking describing the potential effects on small entities. As a result of the analysis of the potential impact on small entities, OSHA concluded and certified that the rulemaking did not have a significant impact on a substantial number of small entities.  OSHA believes this is still the case in this submission

6.  Describe the consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information required under the HCS concerning the hazards of chemicals and appropriate protective measures reduce the incidence of chemical-source illnesses and injuries in workers exposed to chemical hazards.  Making this information available to workers provides some protection to them in the absence of substance-specific rules; the vast majority of hazardous chemicals to which workers are exposed are not regulated by a substance-specific standard.  A reduction in the number of incidents of chemical-source illnesses and injuries in workers exposed to chemical hazards occur from the improved protections implemented by employers because of the HCS, and from workers who understand these measures better and, therefore, will take effective steps to protect themselves.

7.  Explain any special circumstances that would cause an information collection to be conducted in a manner:

 requiring respondents to report information to the agency more often than quarterly;

 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

 requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential uses; or

 requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

No special circumstances exist that require employers to collect information using the procedures specified by this item.  The requirements of the Standard are within the guidelines set forth in 5 CFR 1320.5.

8.  	If applicable, provide a copy and identify the date and page number of
	publication in the Federal Register of the agency's notice, required by 5 CFR
	1320.8(d), soliciting comments on the information collection prior to submission
	to OMB.  Summarize public comments received in response to that notice and
	describe actions taken by the agency in response to these comments.  Specifically
	address comments received on cost and hour burden.

      Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

      Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years  -  even if the collection of information activity is the same as in prior periods.  There may be circumstances that may preclude consultation in a specific situation.  These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register (85 FR 44108) on July 21, 2020 requesting public comment on its proposed extension of the collection of information requirements contained in the Hazard Communication Standard (Docket No. OSHA-2009-0014).   This notice was part of a preclearance consultation program intended to provide those interested parties the opportunity to comment on OSHA's request for an extension by the Office of Management and Budget (OMB) of a previous approval of the collection of information requirements found in the Standard.  The Agency will respond to any public comments in response to this notice.

9.  Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

10.  Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The HCS requires that the specific chemical identity of a hazardous chemical be disclosed, but if such information is a valid trade secret, the rule permits chemical producers importers to limit disclosure of this information based on their need and ability to maintain confidentiality (See 29 CFR 1910.1200 paragraph (i)).

In addition to the provisions of this rule, the OSH Act requires the Agency to maintain the confidentiality of trade secret information provided directly to its representatives (29 U.S. C. 664).

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.  This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The paperwork requirements specified by the Standard do not require collection of sensitive information.

12.  Provide estimates of the hour burden of the collection of information.  The statement should:

         Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.  Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates.  Consultation with a sample (fewer than 10) of potential respondents is desirable.  If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.

         Generally, estimates should not include burden hours for customary and usual business practices.  If this request for approval covers more than one form, provide separate hour burden estimates for each form.

         Provide estimates of annualized cost to respondents for the hour burdens for collection of information, identifying and using appropriate wage rate categories.  The cost of

         Contracting out or paying outside parties for information collection activities should not be included here.  Instead, this cost should be included in Item 13.

Burden Hour and Cost Determination

Explanation of Method of Estimating the Annual Burden

As with the currently approved ICR, OSHA is maintaining some of the previous assumptions for this ICR that rely on an older RIA.  While other assumptions rely on data obtained during the GHS rulemaking.

                                  Exhibit A.
                       Sources for the Analysis Values

Exhibit A-1, below, shows the basic values used in this analysis. These values were derived as follows:

Number of affected establishments: The number of affected establishments is based on the data from the HCS/GHS final economic analysis, "the FEA."

New establishments as a percentage of all establishments (rate of entry): The number of affected new establishments is based on the FEA.

Total Number of Workers:  The total number of workers is based on the FEA.

Number of chemical products:  The number of chemical products was taken from the FEA.

Percentage of new chemical products annually:  Based on the RIA, new chemical products are assumed to be 8 percent of all chemical products.

Number of chemical products per establishment: The RIA estimated that the typical manufacturing establishment has 22 hazardous chemicals, and that the typical non-manufacturing establishment has 15 hazardous chemicals.

Number of Shipped Containers of Hazardous Chemicals: Based on the FEA, the number of shipped containers of hazardous chemicals is 1,337 million.

Number of in-plant containers: The number of containers of hazardous chemicals used entirely in-plant was assumed to be 10 percent of the number of shipped containers of hazardous chemicals.

Percentage of establishments already in compliance: The RIA found that 60 percent of all establishments were in compliance with the basic provisions of the HCS, primarily as a result of state laws existing prior to the OSHA standard. Hence, HCS is assumed to account for (1-.6) or 40 percent of the burdens and costs since, in the absence of HCS, 60 percent of the burden would continue as a result of state statutes.

                                 Exhibit A-1
                        Basic Values for the Analysis

Number of Affected Establishments
                        Manufacturing 85,081
                        Non-Manufacturing 4,933,235

New Establishments as a percentage of all
Establishments
                        Manufacturing 6,126 (7.2%)
                        Non-Manufacturing 626,521 (12.7%)

Total Workers 			120,942,696

Number of Chemicals Products 	1,399,145

Percentage of New Chemicals Products Annually 	8.0%

Number of Hazardous Chemicals Products per Establishment

                        Manufacturing 22
                        Non-Manufacturing 15

Number of Shipped Containers of Hazardous Chemicals 1,337,000,000

Number of In-Plant Containers 133,700,000
Percentage of Establishments Already in
Compliance as a Result of State Standards 60%

Compensation Wage Rates

The Agency determined average wage rates using average hourly earnings, including benefits, to represent the cost of worker time. The Agency adopted the mean wage rates from "May 2018 National Occupational Employment and Wage Estimates," U.S. Department of Labor, Bureau of Labor Statistics. Total compensation for these occupational categories includes an adjustment of 29.9 percent (.299), Employment Costs Index, December 2019 for fringe benefits; this figure represents the average level of fringe benefits in the private sector. The costs of labor used in this analysis are, therefore, estimates of total hourly compensation. These hourly wages are:

                  Table 1  -  Estimated Wage Rate

Occupational Title
Standard Occupation Code
                               Mean Hourly Wage
                                       a
                                Fringe Benefits
                                       b
                                   Wage Rate
                                       c
                                  [c=1/(1-b)]
Supervisors/Managers
11-3051
$54.51
.299

$77.76
Logistic Workers
13-1081
$37.85
.299

$53.99
Occupational Health & Safety Specialist
29-9011
$36.03
.299

$51.40
Clerical/Secretary
43-6014
$18.28
.299

$26.08

1. Written Hazard Communication Programs (§ 1910.1200(e))
(New Establishments)

Written Hazard Communication Program: All affected establishments must have a written hazard communication program explaining how the establishment meets the criteria of the standard with respect to labeling, safety data sheets (SDSs), and worker information and training as discussed under paragraph (e) of the standard. The RIA estimates manufacturing plants take an average of 5 hours (4 professional hours and 1 clerical hour) to develop a written hazard communication program while non-manufacturing facilities take an average of 2.5 hours (2 hours professional and .5 clerical).

To determine the total number of new manufacturing and non-manufacturing establishments the agency multiplied the total number of manufacturing and non-manufacturing establishments by the rate of entry.

In addition, since sixty percent of establishments were in compliance prior to the promulgation of the HCS as a result of State Standards, the total number of new establishments was multiplied by 40% to reflect burden hours and costs attributed to the HCS.

Number of new establishments affected:

New manufacturing establishments: 85,081 manufacturing establishments x .072 (rate of entry) x 40% = 2,450 affected new manufacturing establishments.

New non-manufacturing establishments: 4,933,235 non-manufacturing establishments x .127 (rate of entry) x 40% = 250,608 affected new non-manufacturing establishments

Burden Hours and Costs:

Manufacturing:

      Burden hours:
2,450 affected new establishments x 4 hours professional = 9,800 hours
      2,450 affected new establishments x 1 hour clerical = 2,450 hours
      Total burden hours = 12,250 hours

      Cost:
9,800 hours x $77.76 professional wage rate hour = $762,048
      2,450 hours x $26.08 clerical wage rate = $63,896
Total cost = $825,944

Non-Manufacturing:

	Burden hours:
      250,608 affected new establishments x 2 hours professional = 501,216 hours
      250,608 affected new establishments x .5 clerical = 125,304 hours
      Total burden hours = 626,520 hours

      Cost:
      501,216 hours x $77.76 professional wage rate = $38,974,556
      125,304 hours x $26.08 clerical wage rate = $3,267,928
      Total cost: $42,242,484

Total Burden Hours and Costs:
                              Non-
            Manufacturing 	Manufacturing 	TOTAL
Burden hours: 	12,250 		626,520 		 638,770
      Cost: 	        $825,944 	       $42,242,484                 $43,068,428

2. Written Hazard Communication Program (§ 1910.1200(e))
(Existing Establishments)

OSHA estimates existing manufacturing establishments take 1 hour and non-manufacturing establishments .5 hour to update and maintain their hazard communication programs. Forty percent of the establishments incur burden hours and costs as a result of the HCS.

Number of Existing Establishments Affected:

Existing manufacturing establishments affected: 85,081 manufacturing establishments x 40% = 34,032 affected establishments; 34,032 affected establishments - 2,450 new manufacturing establishments affected = 31,582 existing establishments affected.

Existing non-manufacturing establishments affected: 4,933,235 non-manufacturing establishments x 40% = 1,973,294 affected establishments; then 1,973,294 affected establishments - 250,608 new non-manufacturing establishments affected = 1,722,686 existing establishments affected.

Manufacturing:

      Burden hours: 31,582 existing establishments x 1 hour = 31,582 hours
            Cost: 31,582 hours x $77.76 = $2,455,816

Non-Manufacturing:

      Burden hours: 1,722,686 establishments x .5 hour = 861,343 hours
            Cost: 861,343 hours x $77.76 = $66,978,032

Total Burden hours and costs
                              Non-
            Manufacturing 	Manufacturing 	TOTAL
Burden hours: 	      31,582 		       861,343 		       892,925
Costs: 		             $2,455,816		$66,978,032 		$69,433,848

3. Hazard Classification (§ 1910.1200(d))

 Chemical manufacturers and importers must evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with the standard.  For each chemical, the chemical manufacturer or importer must determine the hazard classes, and, where appropriate, the category of each class that apply 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 for the chemical to satisfy this requirement. On average, a professional takes 8 hours to conduct the hazard classification and to develop the necessary labels and SDSs.

The total number of affected chemical products 559,658 is determined by multiplying the total number of chemical products 1,399,145 by 40 percent. The percentage of new chemical products annually is 8% of the total affected chemical products which is 44,773.

      Burden hours: 44,773 new hazardous products x 8 hours = 358,184 hours
            Cost: 358,184 hours x $77.76 = $27,852,388

4.  Sending of SDSs (§ 1910.1200(g))
(Sending SDSs for new hazardous chemicals to existing establishments)
(Sending MSDS
Manufacturers, importers, or employers distributing hazardous chemicals or products must send SDSs to establishments receiving the new hazardous chemical or product. OSHA estimates a manufacturer, importer, or employer generating the SDS takes .14 clerical hours to distribute a SDS. Only 8% of the hazard chemicals will be new annually.

To determine the number of new hazardous chemicals existing establishments receive, OSHA estimated that, on average, each manufacturing establishment has 22 hazardous chemicals. Therefore, the number of new chemicals per manufacturing establishment averages 1.76 new chemicals.

Manufacturing:

Burden hours: 31,582 establishments x 1.76 new hazardous chemicals x .14 hour = 7,782 hours
      Cost:     7,782 hours x $26.08 = $202,955

For non-manufacturing establishments, there are 15 hazardous chemicals, assuming an eight percent new chemical rate; the number of new chemicals for non-manufacturing establishments is 1.2.

Non-Manufacturing:

Burden hours: 1,722,686 establishments x 1.2 new hazardous chemicals x .14 hour = 289,411 hours
      Cost: 289,411 hours x $26.08 = $7,547,839

Total Burden hours and cost:
      					Non-
      	Manufacturing			Manufacturing			Total
Burden Hours: 	7,782				289,411	        297,193
Cost:	  	     $202,955		   	        $7,547,839  	   $7,750,794

5. Sending of SDSs (§ 1910.1200(g))
(Sending SDSs for all hazardous chemicals to new establishments)

Manufacturers, importers, or employers developing SDSs, must distribute SDSs to new establishments for all initial hazardous chemicals and for new chemical products they may receive during the year. The clerical time required to send SDSs to new establishments is the same as for existing establishments, .14 hours. OSHA recognizes that the time it takes for manufacturers, importers, or employers to transmit SDSs is overestimated because some are sent electronically.

Manufacturing:

OSHA estimates that the new manufacturing establishments receive an average of 22 SDSs; 22 hazardous chemicals for purchasing initially, plus the 1.76 for the new hazardous chemicals establishments purchase annually.

Burden hours: 2,450 new establishments x 23.76 hazardous chemicals x .14 hour = 8,150 hours
Cost: 8,150 hours x $26.08 = $212,552

Non-manufacturing:

Non-manufacturing establishments receive an estimated 16.2; (15 SDSs + 1.2 new hazardous chemicals)

Burden hours: 250,608 new non-manufacturing establishments x 16.2 hazardous chemicals x .14 hour = 568,379 hours
Cost: 568,379 hours x $26.08= $14,823,324

Total Burden hours and cost:
				Non-
Manufacturing			Manufacturing			        Total
Burden hours:  8,150			       568,379			       576,529
Cost:            $212,552			$14,823,324			$15,035,876

6.  Sending of SDSs (§ 1910.1200(g))
(Sending SDSs for existing hazardous chemicals to existing establishments)
(Sending MSDS
Manufacturers, importers, or employers distributing hazardous chemicals or products must send SDSs to establishments receiving the hazardous chemical or product. OSHA estimates a manufacturer, importer, or employer generating the SDS takes .14 clerical hours to distribute an existing SDS to a manufacturer deciding to use an existing hazardous chemical that they had not previously used. OSHA estimates that, on average, half of establishments (the equivalent of every existing establishment newly using .5 existing chemicals) will newly use an existing chemical.

Manufacturing:

Burden hours: 31,582 establishments x .5 existing hazardous chemicals x .14 hour = 2,211 hours
      Cost:      2,211 hours x $26.08 = $57,663

For non-manufacturing establishments, OSHA also estimates that, on average, half of establishments (the equivalent of every existing establishment newly using .5 existing chemicals) will newly use an existing chemical.

Non-Manufacturing:

Burden hours: 1,722,686 establishments x .5 new hazardous chemicals x .14 hour = 120,588 hours
      Cost: 120,588 hours x $26.08 = $3,144,935

Total Burden hours and cost:
      					Non-
      	Manufacturing			Manufacturing			Total
Burden Hours: 	2,211				120,588	        122,799
Cost:	  	        $57,663		   	        $3,144,935 	   $3,202,598

7.  Revising SDSs

The Agency estimated a few SDSs, and accompanying labels as necessary, will need to be revised.  OSHA estimates that one-half of one percent (.005) of the SDS would need to be revised.  Given the standardized format of the SDS and that any new significant information that chemical manufacturers, importers, distributors, or employers would become aware of would not require a comprehensive revision of the SDS.  For the purposes of estimating burden hours, OSHA estimates it will take 15 minutes (0.25 hour) for a supervisor/manager to update the SDS, and if necessary the associated label.

	Burden hours:  1,399,145 SDS x .5% x .25 hour = 1,749 hours
		   Cost: 1,749 hours x $77.76 wage hour professional = $136,002

8. Obtaining & Maintaining SDSs (§ 1910.1200(g))
(Existing Establishments)

All existing establishments that have hazardous chemicals must maintain SDSs, and may need to obtain SDSs. Smaller establishments or establishments with fewer chemicals spend less time to obtain and maintain SDSs, while larger companies, companies with a greater number of chemicals, and construction companies having to keep SDSs at various job sites take a greater amount of time obtaining and maintaining SDSs. To account for this variance in time, OSHA estimates an average of 1 hour of clerical time per establishment is needed to obtain and maintain SDSs. OSHA assumes 40 percent of the establishments incur burden hours and costs as a result of the HCS.

Manufacturing:

      Burden hours: 31,582 existing establishments affected x 1 hour = 31,582 hours
            Cost: 31,582 hours x $26.08 = $823,659

Non-Manufacturing:

      Burden hours: 1,722,686 existing establishments affected x 1 hour = 1,722,686 hours
            Cost: 1,722,686 hours x $26.08 = $44,927,651

Total Burden hours and costs:

                  Manufacturing 	Non-Manufacturing 	TOTAL
            Burden hours: 31,582		1,722,686		1,754,268
      Costs: $823,659		$44,927,651		$45,751,310

9. Obtaining & Maintaining SDS (§ 1910.1200(g))
(New Establishments)

All new establishments receive and maintain SDSs for hazardous chemicals at their locations. On occasion new establishments may need to obtain SDSs. A clerical worker spends an average of .14 hour per SDS to obtain and maintain the SDSs. The Agency recognizes that the .14 hour is an over estimate given numerous employers receive, obtain, and maintain SDSs electronically.

The number of new manufacturing establishments affected by the HCS is 2,450, and the number of new non-manufacturing establishments affected is 250,608 (see number 1 "Written Hazard Communication Program (New Establishments))." OSHA estimates that new manufacturing establishments require a total of 23.76 SDSs, and non-manufacturing establishments require 16.2 SDSs. The burden hours are determined by multiplying the number of establishments by the total number of SDSs per establishment by the time to obtain and maintain SDSs.

Manufacturing:

      Burden hours: 2,450 establishments x 23.76 SDSs x .14 hour =8,150 hours
      Cost: 8,150 hours x $26.08 = $212,552

Non-Manufacturing:

      Burden hours: 250,608 establishments x 16.2 SDSs x .14 hour = 568,379 hours
      Cost: 568,379 hours x $26.08 = $14,823,324

Total Burden hours and costs
                                          Non-
                  Manufacturing 	Manufacturing		TOTAL
      Burden hours: 	8,150			568,379		576,529
      Cost: 			$212,552		$14,823,324		$15,035,876

10. Labeling Shipping Containers (§ 1910.1200(f))

There is no burden for affixing labels to off-site containers because it is usual and customary practice for manufacturers to affix labels to containers being shipped.

11. Labeling of In-Plant Containers (§ 1910.1200(f)(5))

Labeling in-plant containers: Employers must ensure that portable containers that are transferred from the workers who filled them to other workers are labeled. It is estimated that approximately 12 seconds (.0033 hour) of workers time per container. OSHA assumes 40 percent of the containers incur burden hours and costs as a result of the HCS.

      Burden hours:  133,700,000 (# of containers) x 40% x .0033 hours per container = 176,484 hours
            Cost: 176,484 hours x $53.99 (worker) = $9,528,371

12. Access to Trade Secrets (§ 1910.1200(i))

Burden hours are estimated for employers to respond to requests from workers, their representatives, and health professionals for trade secret information. The Agency estimates an average of 7 situations requiring access to trade secrets per 10,000 workers working in establishments with hazardous chemicals. OSHA estimates there are 120,942,696 workers covered by the HCS, therefore, the Agency estimates there are 84,660 access requests (120,942,696 workers/10,000 workers x 7 situations ), and that a professional requires 4 hours to respond to each request.

      Burden hours: 84,660 requests x 4 hours = 338,640 hours
            Cost: 338,640 hours x $77.76 = $26,332,646

13.  Employee Access (§ 1910.1200(d),(c) and §1910.1200(e)(4))

OSHA estimates an average of 1.5 requests per establishment for worker access to the written programs and SDSs. OSHA estimates a clerk takes 10 minutes (.167 hour) to show the worker the relevant documents and to return them to a file after the worker has examined them. OSHA assumes 40 percent of the establishments (5,018,316 establishments x 40% = 2,007,326 establishments) incur burden hours and costs for providing workers access as a result of the HCS.

     Burden hours: 2,007,326 establishments x 1.5 response x .167 hours = 502,835 hours
                  Cost:   502,835 hours x $26.08 = $13,113,937

14. Revisions due to 2012 HCS rulemaking

Labels - Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical must revise the labels for the chemical within six months of becoming aware of the new information, and must ensure that labels on containers of hazardous chemicals shipped after that time contain the new information.

SDS - Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical must revise the SDS for the chemical within six months of becoming aware of the new information, and must ensure that SDSs of hazardous chemicals shipped after that time contain the new information.

                Table 2 - Burden Hours and Costs for Revisions
                to Safety Data Sheets and Labeling Requirements

Establishment Size
                                                                      # of SDSs
                                                           % Not in Compliance
                                                                Total Responses
                                                                      Hours/SDS
                                                             Total Burden Hours
                                                               Mean Hourly Wage
                                                              Total Burden Cost

1-19
                                                                        116,076
                                                                            99%
                                                                        114,915
                                                                             .7
                                                                         80,441
                                                                         $51.40
                                                                     $4,134,667
20-99
                                                                        126,333
                                                                            95%
                                                                        120,016
                                                                             .7
                                                                         84,011
                                                                         $51.40
                                                                     $4,318,165
100-499
                                                                        232,179
                                                                            75%
                                                                        174,134
                                                                             .5
                                                                         87,067
                                                                         $51.40
                                                                     $4,475,244
500+
                                                                        924,557
                                                                            25%
                                                                        231,139
                                                                             .3
                                                                         69,342
                                                                         $51.40
                                                                     $3,564,179

Total
                                                                      1,399,145

                                                                        640,204

                                                                        320,861

                                                                    $16,492,255

Table 3  -  Summary of Annual Burden and Cost
                      Information Collection Requirement
                                  Occupation
                                Total Responses
                               Time per Response
                            Requested Burden Hours
                                   Wage Rate
                                Estimated Costs
1.Written Hazard Communication Program (New Establishments)

Manufacturing
                                  Supervisor
                                                                          2,450
                                                                              4
                                                                          9,800
                                                                         $77.76
                                                                       $762,048

                                   Clerical
                                                                          2,450
                                                                              1
                                                                          2,450
                                                                         $26.08
                                                                        $63,896
Non-Manufacturing
                                  Supervisor
                                                                        250,608
                                                                              2
                                                                        501,216
                                                                         $77.76
                                                                    $38,974,556

                                   Clerical
                                                                        250,608
                                                                            0.5
                                                                        125,304
                                                                         $26.08
                                                                     $3,267,928
Subtotal

                                                                        506,116

                                                                        638,770

                                                                   $43,068,428

2. Written Hazard Communication Program (Existing Establishments)

Manufacturing
                                  Supervisor
                                                                         31,582
                                                                              1
                                                                         31,582
                                                                         $77.76
                                                                     $2,455,816
Non-Manufacturing
                                  Supervisor
                                                                      1,722,686
                                                                            0.5
                                                                        861,343
                                                                         $77.76
                                                                    $66,978,032
Subtotal

                                                                      1,754,268

                                                                        892,925

                                                                   $69,433,848
3.Hazard Classification

                                  Supervisor
                                                                         44,773
                                                                              8
                                                                        358,184
                                                                         $77.76
                                                                    $27,852,388

4. Sending SDSs for new hazardous chemicals to existing establishments

Manufacturing
                                   Clerical
                                                                         55,584
                                                                           0.14
                                                                          7,782
                                                                         $26.08
                                                                       $202,955
Non-Manufacturing
                                   Clerical
                                                                      2,067,223
                                                                           0.14
                                                                        289,411
                                                                         $26.08
                                                                     $7,547,839
Subtotal

                                                                      2,122,807

                                                                        297,193

                                                                     $7,750,794
5. Sending SDSs (New Establishments)

Manufacturing
                                   Clerical
                                                                         58,212
                                                                           0.14
                                                                          8,150
                                                                         $26.08
                                                                       $212,552
Non-Manufacturing
                                   Clerical
                                                                      4,059,850
                                                                           0.14
                                                                        568,379
                                                                         $26.08
                                                                    $14,823,324
Subtotal

                                                                      4,118,062

                                                                        576,529

                                                                    $15,035,876

6.   Sending SDSs (Existing Establishments)

Manufacturing
                                   Clerical
                                                                         15,791
                                                                           0.14
                                                                          2,211
                                                                         $26.08
                                                                        $57,663
Non-Manufacturing
                                   Clerical
                                                                         861343
                                                                           0.14
                                                                        120,588
                                                                         $26.08
                                                                     $3,144,935
Subtotal

                                                                        877,134

                                                                        122,799

                                                                     $3,202,598
7.  Revising SDSs (Existing Establishments)

Subtotal
                                  Supervisor
                                                                          6,996
                                                                           0.25
                                                                          1,749
                                                                         $77.76
                                                                       $136,002
8. Obtaining and Maintaining SDSs (Existing Establishments)

Manufacturing
                                   Clerical
                                                                         31,582
                                                                              1
                                                                         31,582
                                                                         $26.08
                                                                       $823,659
Non-Manufacturing
                                   Clerical
                                                                      1,722,686
                                                                              1
                                                                      1,722,686
                                                                         $26.08
                                                                    $44,927,651
Subtotal

                                                                      1,754,268

                                                                      1,754,268

                                                                    $45,751,310

9.  Obtaining and Maintaining (New Establishments)

Manufacturing
                                   Clerical
                                                                         58,212
                                                                           0.14
                                                                          8,150
                                                                         $26.08
                                                                       $212,552
Non-Manufacturing
                                   Clerical
                                                                      4,059,850
                                                                           0.14
                                                                        568,379
                                                                         $26.08
                                                                    $14,823,324

                                                                      4,118,062

                                                                        576,529

                                                                    $15,035,876

10.  Labeling Shipped Containers

                                                                              0

                                                                              0

                                                                              0
11.  Labeling of In-Plant Containers

Subtotal
                                Logistic Worker
                                                                     53,480,000
                                                                         0.0033
                                                                        176,484
                                                                         $53.99
                                                                    $9,528,371

12. Access to Trade Secrets

                                  Supervisor
                                                                         84,660
                                                                              4
                                                                        338,640
                                                                         $77.76
                                                                    $26,332,646
13.	 Employee Access

Subtotal
                                   Clerical
                                                                      3,010,989
                                                                          0.167
                                                                        502,835
                                                                         $26.08
	$13,113,937

14.  Revisions to the Safety Data Sheets and Labeling

1-19
                  Occupational Health & Safety Specialist
                                                                        114,915
                                                                            0.7
                                                                         80,441
                                                                         $51.40
                                                                     $4,134,667
20-99
                  Occupational Health & Safety Specialist
                                                                        120,016
                                                                            0.7
                                                                         84,011
                                                                         $51.40
                                                                     $4,318,165
100-499-
                  Occupational Health & Safety Specialist
                                                                        174,134
                                                                            0.5
                                                                         87,067
                                                                         $51.40
                                                                     $4,475,244
500+
                  Occupational Health & Safety Specialist
                                                                        231,139
                                                                            0.3
                                                                         69,342
                                                                         $51.40
                                                                     $3,564,179
Subtotal

                                                                        640,204

                                                                        320,861

                                                                   $16,492,255

TOTAL

                                                                     72,518,339

                                                                      6,557,766

                                                                   $292,734,329

13.  Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.  (Do not include the cost of any hour burden show in Item 12 and 14).

      The cost estimate should be split into two components: (a) a total capital and startup cost component (annualized over its expected useful like); and (b) a total operation and maintenance and purchase of services component.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

      If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.  The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate.  In developing cost burden estimates, agencies may consult with a sample of respondents(fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rule making containing the information collection, as appropriate.

      Generally, estimates should not include purchases of equipment or services	, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

Transmitting SDSs

The cost to develop and transmit SDSs varies depending on transmission of SDSs. Many importers and manufacturers of hazardous chemicals send SDSs electronically. In these situations, there are no costs to importers and manufactures to transmit the SDSs downstream to employers, including distributors.  Importers and manufacturers also send paper copies of SDSs with their hazardous chemicals. Many employers copy SDSs in-house for distribution. Based on the cost of toner and paper; the cost for importers and manufacturers is approximately 7 cents per page ($.07). To estimate costs for the various production and distribution of SDSs, OSHA assumes that all SDSs are transmitted by paper. The cost for SDSs are determined by totaling the number of SDSs distributed then multiplying the total by $.07

Under Item 12, number 4 titled "Sending SDSs for new hazardous chemicals, to existing establishments" OSHA estimates that a total of 55,584 SDSs  are sent to existing manufacturing establishments and 2,067,223 SDSs are sent to non-manufacturing establishments. Therefore, the total number of SDSs received by existing manufacturing and non-manufacturing establishments is 2,122,807.

Under Item 12, number 5 titled "Sending SDSs for all hazardous chemicals to new establishments," OSHA estimates a Total of 58,212 SDSs are sent to new manufacturing establishments and 4,059,850 SDSs are sent to new non-manufacturing establishments.   The total number of SDSs sent to new establishments is 4,118,062 SDSs.

Under Item 12, number 5(a) titled "Sending SDSs for existing hazardous chemicals to exiting establishments," OSHA estimates a total of 15,791 existing SDSs are sent to existing manufacturing establishments and 861,343 existing SDSs are sent to existing non-manufacturing establishments. . The total number of SDSs is 877,134.

The total number of SDSs is 7,118,003 (2,122,807 +4,118,062 + 877,134)
	Cost: 7,118,003 SDSs x 2 pages x .07 dollar = $996,520
Printing Cost for Labels:

 The total estimated for color printer cost is $24,074,395 for all establishments.  See Table 4, Summary of Color Printing Costs. The cost of colored printers and printing is only for labels and not SDSs, as SDSs may be printed in black and white and still remain in compliance.  Labels with pictograms require color printing for the red borders of the pictograms.

The total cost for producing and transmitting SDS ($996,520), and developing color labels ($24,074,436) is $25,070,956.

                    Table 4 Summary of Color Printing Costs
Size Category
Annualized Printer Cost per Label
Annualized Cartridge/Ribbon/Stock Costs per Label
Total Annualized Costs per Label
Total Annualized Costs per Establishment
Total Annualized Costs, All Establishments
Category 1: Companies Printing Only B&W and No Color Printer
Very Small
$0.01
$0.13
$0.14
$91.74
$1,489,571
Small
$0.01
$0.13
$0.13
$570.41
$2,552,483
Medium
$0.01
$0.01
$0.01
$142.02
$321,896
Large
$0.01
$0.01
$0.02
$1,091.86
$806,560
Category 2: Companies Printing B&W but Own Color Printer
Very Small
$0.01
$0.13
$0.14
$91.74
$496,524
Small
$0.00
$0.13
$0.13
$551.81
$823,074
Medium
$0.00
$0.01
$0.01
$123.42
$93,242
Large
$0.01
$0.01
$0.02
$905.80
$2,007,345
Category 3: Companies Using Pre- Printed Stock/Labels
Very Small
$-
$0.03
$0.03
$22.28
$482,349
Small
$-
$0.03
$0.03
$144.11
$859,807
Medium
$-
$0.03
$0.03
$431.02
$1,302,548
Large
$-
$0.03
$0.03
$1,738.06
$12,839,037
Category 4: Companies Printing Color Labels
Very Small
$-
$-
$-
$-
$-
Small
$-
$-
$-
$-
$-
Medium
$-
$-
$-
$-
$-
Large
$-
$-
$-
$-
$-

Total

                                  24,074,436

1  -  Includes the cost of printers annualized over five years and the cost of printing supplies incurred over a 20-year period beginning four years after the rule is published$ - entries indicated no costs, while $0.000 entries are non-zero fractions of a penny.

Source: Office of Regulatory Analysis, OSHA, based on ERG (2011).

14.   Provide estimates of annualized cost to the Federal government.  Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and may other expense that would not have been incurred without this collection of information.  Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

	Usually, OSHA requests access to records during an inspection.  Information collected by the Agency during the investigation is not subject to the PRA under 5 CFR 1320.4(a)(2).  Therefore, OSHA takes no burden or cost in Item 14 of this Supporting Statement for disclosing information during an inspection.

15.  Explain the reasons for any program changes or adjustments.

OSHA is requesting an adjustment decrease in burden hours from 7,309,058 hours to 6,557,766 hours, a difference of -751,292 hours.  The decrease is primarily due to a decrease in the number of establishments and the number of employees. See Table 5.

OSHA is also requesting a cost adjustment decrease of $76,445 from $25,147,401 to $25,070,956.  The cost reduction results from employers modifying software that can be used to classify chemical and to produce corresponding SDS and labels.

Table 5  -  Summary of the Adjustment Decrease in the Burden Hours
                      Information Collection Requirement
                             Existing Burden Hours
                            Requested Burden Hours
                               Adjustment Change
1.Written Hazard Communication Program (New Establishments)
                                                                        687,758
                                                                        638,770
                                                                        -48,988
2. Written Hazard Communication Program (Existing Establishments)
                                                                        961,230
                                                                        892,925
                                                                        -68,305
3.Hazard Classification
                                                                        362,144
                                                                        358,184
                                                                         -3,960
4. Sending SDSs for new hazardous chemicals existing establishments
                                                                        319,959
                                                                        297,193
                                                                        -22,766
5. Sending SDSs (New Establishments)
                                                                        620,777
                                                                        576,529
                                                                        -44,248
6.   Sending SDS (Existing Establishments)
                                                                        132,217
                                                                        122,799
                                                                         -9,418
7.  Revising SDSs (Existing Establishments)
                                                                          1,768
                                                                          1,749
                                                                            -19
8. Obtaining and Maintaining SDSs (Existing Establishments)
                                                                      1,888,818
                                                                      1,754,268
                                                                       -134,550
9.  Obtaining and Maintaining (New Establishments)
                                                                        620,777
                                                                        576,529
                                                                        -44,248
10.  Labeling Shipped Containers
                                                                              0
                                                                              0
                                                                              0
11.  Labeling of In-Plant Containers
                                                                        125,268
                                                                        176,484
                                                                         51,216
12. Access to Trade Secrets
                                                                        363,788
                                                                        338,640
                                                                        -25,148
13.	 Employee Access
                                                                        541,418
                                                                        502,835
                                                                        -38,583

                                                                              0
14.  Revisions to the Safety Data Sheets and Labeling
                                                                        683,136
                                                                        320,861
                                                                       -362,275

                                                                              0
TOTAL
                                                                      7,309,058
                                                                      6,557,766
                                                                       -751,292

16.   For collection of information whose results will be published, outline plans for tabulation, and publication.  Address any complex analytical techniques that will be used.  Provide the time schedule for the entire project, including beginning and ending dates of the collection of information completion of report, publication dates, and other actions.

The information required to be collected by the Hazard Communication Standard will not have results that will be published for statistical use.

17.  If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

There are no forms associated with this collection of information on which to display expiration date.

18.  Explain each exception to the certification statement.

OSHA is not requesting an exception to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS

These collection of information requirements employ no statistical methods.

SEC. 2. Congressional Findings and Purpose
(a) The Congress finds that personal injuries and illnesses arising out of work
situations impose a substantial burden upon, and are a hindrance to, interstate
commerce in terms of lost production, wage loss, medical expenses, and disability
compensation payments.
(b) The Congress declares it to be its purpose and policy, through the exercise of
its powers to regulate commerce among the several States and with foreign
nations and to provide for the general welfare, to assure so far as possible every
working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources --
29 USC 651
(1) by encouraging employers and employees in their efforts to reduce the
number of occupational safety and health hazards at their places of employment,
and to stimulate employers and employees to institute new and to perfect
existing programs for providing safe and healthful working conditions; (2) by
providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working
conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety
and health standards applicable to businesses affecting interstate commerce,
and by creating an Occupational Safety and Health Review Commission for
carrying out adjudicatory functions under the Act;
(4) by building upon advances already made through employer and employee
initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health,
including the psychological factors involved, and by developing innovative
methods, techniques, and approaches for dealing with occupational safety and
health problems;
(6) by exploring ways to discover latent diseases, establishing causal
connections between diseases and work in environmental conditions, and
conducting other research relating to health problems, in recognition of the fact
that occupational health standards present problems often different from those
involved in occupational safety;
(7) by providing medical criteria which will assure insofar as practicable that no
employee will suffer diminished health, functional capacity, or life expectancy as
a result of his work experience;
(8) by providing for training programs to increase the number and competence
of personnel engaged in the field of occupational safety and health; affecting the
OSH Act since its passage in 1970 through January 1, 2004.
(9) by providing for the development and promulgation of occupational safety
and health standards;
(10) by providing an effective enforcement program which shall include a
prohibition against giving advance notice of any inspection and sanctions for any
individual violating this prohibition;
2
(11) by encouraging the States to assume the fullest responsibility for the
administration and enforcement of their occupational safety and health laws by
providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in
accordance with the provisions of this Act, to improve the administration and
enforcement of State occupational safety and health laws, and to conduct
experimental and demonstration projects in connection therewith;
(12) by providing for appropriate reporting procedures with respect to
occupational safety and health which procedures will help achieve the objectives
of this Act and accurately describe the nature of the occupational safety and
health problem;
(13) by encouraging joint labor-management efforts to reduce injuries and
disease arising out of employment.

                  6. Occupational Safety and Health Standards
29 USC 655:
(a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. (b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefore and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing.

            SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized --
29 USC 657
(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and (2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.
(b) In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. (c) (1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards.
(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

Electronic Code of Federal Regulations
Title 29: Labor
PART 1910 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)
Subpart Z -- Toxic and Hazardous Substances

§1910.1200   Hazard communication.
    (a) Purpose. (1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees. The requirements of this section are intended to be consistent with the provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3. The transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training.
    (2) This occupational safety and health standard is intended to address comprehensively the issue of classifying the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legislative or regulatory enactments of a state, or political subdivision of a state, pertaining to this subject. Classifying the potential hazards of chemicals and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for: developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures. 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.
    (b) Scope and application. (1) This section requires chemical manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers. (Employers who do not produce or import chemicals need only focus on those parts of this rule that deal with establishing a workplace program and communicating information to their workers.)
    (2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.
    (3) This section applies to laboratories only as follows:
    (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain any safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshift to laboratory employees when they are in their work areas;
    (iii) Employers shall ensure that laboratory employees are provided information and training in accordance with paragraph (h) of this section, except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section; and,
    (iv) Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (f) of this section, and that a safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section.
    (4) In work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or retail sales), this section applies to these operations only as follows:
    (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and,
    (iii) Employers shall ensure that employees are provided with information and training in accordance with paragraph (h) of this section (except for the location and availability of the written hazard communication program under paragraph (h)(2)(iii) of this section), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.
    (5) This section does not require labeling of the following chemicals:
    (i) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency;
    (ii) Any chemical substance or mixture as such terms are defined in the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency.
    (iii) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C. 151 et seq.), and regulations issued under those Acts, when they are subject to the labeling requirements under those Acts by either the Food and Drug Administration or the Department of Agriculture;
    (iv) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives;
    (v) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission; and,
    (vi) Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) and the labeling regulations issued under that Act by the Department of Agriculture.
    (6) This section does not apply to: (i) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;
    (ii) Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations.
    (iii) Tobacco or tobacco products;
    (iv) Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted);
    (v) Articles (as that term is defined in paragraph (c) of this section);
    (vi) Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace;
    (vii) Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies);
    (viii) Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace;
    (ix) Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended;
    (x) Nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section;
    (xi) Ionizing and nonionizing radiation; and,
    (xii) Biological hazards.
    (c) Definitions. 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 this section), and does not pose a physical hazard or health risk to employees.
    Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
    Chemical means any substance, or mixture of substances.
    Chemical manufacturer means an employer with a workplace where chemical(s) are produced for use or distribution.
    Chemical name means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that will clearly identify the chemical for the purpose of conducting a hazard classification.
    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 this section. 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.
    Commercial account means an arrangement whereby a retail distributor sells hazardous chemicals to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.
    Common name means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
    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 this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
    Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
    Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
    Distributor means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers.
    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.
    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.
    Exposure or exposed means that an employee is subjected in the course of employment to a chemical that is a physical or health hazard, 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.)
    Foreseeable emergency means any potential occurrence 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.
    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.
    Hazard class means the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.
    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 this section. This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).
    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.
    Hazardous chemical means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.
    Health hazard means a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to §1910.1200 -- Health Hazard Criteria.
    Immediate use means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.
    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.
    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.
    Label elements means the specified pictogram, hazard statement, signal word and precautionary statement for each hazard class and category.
    Mixture means a combination or a solution composed of two or more substances in which they do not react.
    Physical hazard means a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. See Appendix B to §1910.1200 -- Physical Hazard Criteria.
    Pictogram means 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. Eight pictograms are designated under this standard for application to a hazard category.
    Precautionary statement means a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling.
    Produce means to manufacture, process, formulate, blend, extract, generate, emit, or repackage.
    Product identifier means the name or number used for a hazardous chemical on a label or in the SDS. It provides a unique means by which the user can identify the chemical. The product identifier used shall permit cross-references to be made among the list of hazardous chemicals required in the written hazard communication program, the label and the SDS.
    Pyrophoric gas means a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.
    Responsible party means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
    Safety data sheet (SDS) means written or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section.
    Signal word means a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in this section are "danger" and "warning." "Danger" is used for the more severe hazards, while "warning" is used for the less severe.
    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 death.
    Specific chemical identity means the chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.
    Substance means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurities deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
    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.
    Use means to package, handle, react, emit, extract, generate as a byproduct, or transfer.
    Work area means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.
    Workplace means an establishment, job site, or project, at one geographical location containing one or more work areas.
    (d) Hazard classification. (1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the chemical manufacturer or importer shall determine the hazard classes, and, where appropriate, the category of each class that apply 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 for the chemical to satisfy this requirement.
    (2) Chemical manufacturers, importers or employers classifying chemicals shall identify and consider the full range of available scientific literature and other evidence concerning the potential hazards. There is no requirement to test the chemical to determine how to classify its hazards. Appendix A to §1910.1200 shall be consulted for classification of health hazards, and Appendix B to §1910.1200 shall be consulted for the classification of physical hazards.
    (3) Mixtures. (i) Chemical manufacturers, importers, or employers evaluating chemicals shall follow the procedures described in Appendices A and B to §1910.1200 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by this section.
    (ii) When classifying mixtures they produce or import, chemical manufacturers and importers of mixtures may rely on the information provided on the current safety data sheets of the individual ingredients, except where the chemical manufacturer or importer knows, or in the exercise of reasonable diligence should know, that the safety data sheet misstates or omits information required by this section.
    (e) Written hazard communication program. (1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:
    (i) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,
    (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas.
    (2) Multi-employer workplaces. Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example, employees of a construction contractor working on-site) shall additionally ensure that the hazard communication programs developed and implemented under this paragraph (e) include the following:
    (i) The methods the employer will use to provide the other employer(s) on-site access to safety data sheets for each hazardous chemical the other employer(s)' employees may be exposed to while working;
    (ii) The methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies; and,
    (iii) The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace.
    (3) The employer may rely on an existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e).
    (4) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20 (e).
    (5) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the written hazard communication program may be kept at the primary workplace facility.
    (f) Labels and other forms of warning -- (1) Labels on shipped containers. The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked. Hazards not otherwise classified do not have to be addressed on the container. Where the chemical manufacturer or importer is required to label, tag or mark the following information shall be provided:
    (i) Product identifier;
    (ii) Signal word;
    (iii) Hazard statement(s);
    (iv) Pictogram(s);
    (v) Precautionary statement(s); and,
    (vi) Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.
    (2) The chemical manufacturer, importer, or distributor shall ensure that the information provided under paragraphs (f)(1)(i) through (v) of this section is in accordance with Appendix C to §1910.1200, for each hazard class and associated hazard category for the hazardous chemical, prominently displayed, and in English (other languages may also be included if appropriate).
    (3) The chemical manufacturer, importer, or distributor shall ensure that the information provided under paragraphs (f)(1)(ii) through (iv) of this section is located together on the label, tag, or mark.
    (4) Solid materials. (i) For solid metal (such as a steel beam or a metal casting), solid wood, or plastic items that are not exempted as articles due to their downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes;
    (ii) The label may be transmitted with the initial shipment itself, or with the safety data sheet that is to be provided prior to or at the time of the first shipment; and,
    (iii) This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grains).
    (5) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation.
    (6) Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either:
    (i) The information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; or,