Dr. Mike Moffatt, Ph.D. Director of Communications, Nexreg Compliance Inc. Regulatory International Influences GHS deadlines loom large Regulatory bodies respond to concerns as June 1 approaches... The beginning of 2015 saw companies scramble to meet GHS deadlines. The June 1 deadline for label and safety data sheets (SDS) compliance in both the U.S. and the EU is rapidly approaching. Also, the U.S. Occupational Safety & Health Administration (OSHA) recently denied some relief on that timeline. It’s not all bad news, however. There is some good news that has come out of Canada so we will start our discussion there. Aerosol classifications will be harmonized between the U.S. and Canada There was a great deal of concern among the regulatory compliance industry that the Canadian implementation of the Globally Harmonized System of Classification & Labeling of Chemicals (GHS) would use aerosol classifications from the most updated version of the UN’s purple book and, in so doing, would cause the Canadian regulations for aerosols to significantly deviate from the U.S. Hazcom 2012 regulation. One of our consultants, Mae Hrycak, expressed her concerns to Health Canada: While reviewing the Proposed Hazardous Products Regulations (HPR) we have come across a discrepancy.Would you be able to provide clarification on the following? The proposed Canadian HPR state that the 5th Revision of the Purple Book is going to be followed. The 5th revision includes a new Aerosol Classification 24 Spray March 2015 (Aerosols/Aerosol 3) which is used instead of the Compressed Gas classification when you find your Aerosol is Not Flammable. However, when you look in the HPR at the classification criteria for Aerosols 7.3.1 (1), the Aerosol 3 class is not included. Should we proceed using the Aerosol classification criteria found in the Purple Book 5th revision or what is seen in the HPR? Flammable pictogram in GHS compliance We shortly received this response from Health Canada, assuring us that the 5th revision will not be used for this classification: Thank you for your question regarding the classification of aerosols under the proposed HPR. You are correct; the name of the hazard class in the proposed HPR is “Flammable Aerosols” rather than “Aerosols.” To classify flammable aerosols, a supplier should follow the criteria in the proposed HPR rather than the criteria found in the GHS (rev. 5). The proposed HPR does refer to the 5th revision of the GHS Purple Book and the proposed Regulations are aligned with the GHS 5th revision with regard to the classification criteria and hazard communication elements for many of the hazard classes. This is great news for the aerosol industry. The last thing any of us needed was to have two different sets of aerosol classifications between the U.S. and Canada. There are enough differences between Hazcom 2012 and the proposed Hazardous Products Regulations as it is! OSHA denies general relief to manufacturers, will use enforcement powers on case-by-case basis A request by the American Coatings Association (ACA) to modify enforcement policy and extend “The proposed Regulations are aligned with the GHS 5th revision with regard to classification criteria and hazard communication elements for many of the hazard classes.” —Health Canada
Spray March 2015
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