The American Tort Reform Association asked the court to review Paragraph (a)(2) of the newly revised Hazard Communication standard. This paragraph states that the new chemical labeling regulations do not preempt failure-to-warn claims filed in state courts.

Now, this ruling probably will not have much of any impact on business owners. But what will have an impact are the HazCom standard updates, which just cleared a huge hurdle now that this review has completed.

OSHA is updating its Hazard Communication standard to be in line with the chemical labeling system used by the United Nations. And many of the changes are significant enough to warrant a review of any procedures in place regarding Hazard Communication. The primary changes will revolve around the actual labels utilized in the work place and on the job site. So when reviewing your procedures, please ensure that you pay special attention to these portions of the standard.

If you are concerned with how these changes will impact your business, it might be a good time to consult an occupational health and safety management firm to review your current procedures and to guide you through the pending regulatory changes. The sooner you begin to formulate a plan and implement changes, the smoother your transition will be. And in this case, OSHA will be looking for companies which do not have a smooth transition.

If you have any questions about the regulatory changes upcoming to HazCom or about the recent legal decision, please contact us. And if you have anything to add about the recent court decision, please leave a comment.