Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.106, 16VAC25-90-1910.107, 16VAC25-90-1910.119, 16VAC25-90-1910.120, 16VAC25-90-1910.123, 16VAC25-90-1910.124, 16VAC25-90-1910.125, 16VAC25-90-1910.252, 16VAC25-90-1910.1001, 16VAC25-90-1910.1003, 16VAC25-90-1910.1017, 16VAC25-90-1910.1018, 16VAC25-90-1910.1025, 16VAC25-90-1910.1026, 16VAC25-100-1910.1027, 16VAC25-90-1910.1028, 16VAC25-90-1910.1029, 16VAC25-90-1910.1043, 16VAC25-90-1910.1044, 16VAC25-90-1910.1045, 16VAC25-90-1910.1047, 16VAC25-90-1910.1048, 16VAC25-90-1910.1050, 16VAC25-90-1910.1051, 16VAC25-90-1910.1052, 16VAC25-90-1910.1200, 16VAC25-90-1910.1450).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.1001, 16VAC25-100-1915.1026).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.60, 16VAC25-175-1926.62, 16VAC25-175-1926.64, 16VAC25-175-1926.65, 16VAC25-175-1926.152, 16VAC25-175-1926.155, 16VAC25-175-1926.1101, 16VAC25-175-1926.1126, 16VAC25-175-1926.1127).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: January 1, 2013.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

In this final rule, federal OSHA has modified its Hazard Communication Standard (HAZCOM) in General Industry, 29 CFR 1910; Construction, 29 CFR 1926; and Shipyard Employment, 29 CFR 1915, which contain hazard classification and communication provisions, to be internally consistent and aligned with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and enhance worker safety and facilitate international trade. The modifications to the standard include: revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard and requirements for employee training on labels and safety data sheets.

Federal OSHA has also modified provisions of other standards, including standards for flammable and combustible liquids for both General Industry and Construction, §§ 1910.106 and 1926.152, respectively, to align the requirements of the standards with the GHS hazard categories for flammable liquids.

Modifications to the Process Safety Management of Highly Hazardous Chemicals standard, § 1910.119, will ensure that the scope of the standard is not changed by the revisions to the HAZCOM. In addition, modifications have been made to most of OSHA's substance-specific health standards to ensure that requirements for signs and labels and safety data sheets (SDSs) are consistent with the modified HAZCOM.

This action incorporates these changes into the Virginia standards for general industry, construction, and shipyard employment. Like federal OSHA, VOSH is seeking to use the extended phase-in period for this final rule with the same federal date schedule for implementation so that the additional time granted to manufacturers, distributors, and users of chemicals will serve to reduce the transitional costs associated with this rule.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards), 29 CFR 1915 (Shipyard Employment Standards), and 29 CFR Part 1926 (Construction Industry Standards) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason these documents will not be printed in the Virginia Register of Regulations. A copy of each document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action: On September 12, 2012, the Safety and Health Codes Board adopted federal OSHA's Final Rule for the Hazard Communication Standard, § 1910.1200, and Other Related Standards in Parts 1910, 1915, and 1926 with the exception of § 1910.6 (Incroporation by Reference), as published in 77 FR 17573 through 77 FR 17896 on March 26, 2012, with an effective date of January 1, 2013.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards, Shipyard Employment Standards, and Construction Industry Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: