OSHA Extends Compliance Date for Hazard Communication Standard Rulemaking

OSHA announced on January 15 that it is extending the compliance dates with its update to the Hazard Communication Standard final rulemaking.

Manufacturers, importers, and distributors were initially required to evaluate certain substances by January 19, 2026. That deadline has now been extended to May 19, 2026.

OSHA said it's making this update in order to "have time to publish the necessary guidance materials for the regulated community to review before the revised standard provisions take effect. "

In July 2025, 19 organizations sent a letter to OSHA raising concerns with aspects of OSHA’s 2024 revision to its HCS. To read the full letter, click here.

The following information was published in the Federal Register. 

Overview

On May 20, 2024, the Occupational Safety and Health Administration (OSHA) finalized its update to the Hazard Communication Standard (HCS) (89 FR 44144). Paragraph (j) of the HCS specifies the dates by which compliance with the updated provisions of the HCS is required. OSHA adopted a tiered approach to compliance and finalized two sets of compliance dates for chemical manufacturers, importers, and distributors evaluating substances and mixtures (see 29 CFR 1910.1200(j)).

The initial compliance deadline in section 1910.1200(j)(2)(i) of January 19, 2026, for manufacturers, importers, and distributors evaluating substances, is imminent. Members of the regulated community have asked for additional guidance to comply with the updated HCS. Although OSHA has been working to finalize key guidance about the updated HCS for both the regulated community and agency personnel, the agency has not been able to complete these documents with sufficient time for the regulated community and OSHA personnel to benefit from them before the initial compliance date. OSHA has determined it is necessary to extend the initial compliance date in paragraph (j)(2)(i) by four months to allow time for the agency to publish the necessary guidance materials and for the regulated community to review those materials before the revised provisions take effect. To maintain the tiered approach to compliance adopted in the final rule (89 FR 44144, 44302), OSHA is also extending each of the subsequent compliance dates in paragraph (j)(2)(ii) and (j)(3) by four months.

This action does not alter existing paragraph (j)(4). Under that provision, between May 20, 2024 and the now-extended compliance dates in paragraphs (j)(2) and (j)(3), chemical manufacturers, importers, distributors, and employers may comply with either the previous version of this standard (77 FR 17574, Mar. 26, 2012), the updated HCS (89 FR 44144, May 20, 2024), or both.

Exemption From Notice-and-Comment and Delay of Effective Date

OSHA's implementation of this action without opportunity for public comment is based on the good cause exception in 5 U.S.C. 553(b)(B), in that seeking public comment here would be impracticable, unnecessary and contrary to the public interest. OSHA finds that there is good cause to forgo notice and comment because of the imminence of the initial compliance deadline (29 CFR 1910.1200(j)(2)(i)). The regulated community has an immediate need to know whether compliance will be expected by the existing compliance date, despite the lack of official agency guidance, and the additional time needed for notice and comment would add further uncertainty about compliance obligations. Further, because the regulated community must continue to comply with the 2012 HCS, the revised standard, or a combination of both until the compliance date pursuant to paragraph (j)(4), this extension merely maintains the status quo for a short period of time. OSHA therefore finds that notice and comment in this instance would be impracticable, unnecessary, and contrary to the public interest.

OSHA also finds that there is good cause to extend the compliance dates in sections 1910.1200(j)(2)(ii), 1910.1200(j)(3)(i), and 1910.1200(j)(3)(ii) by four months without notice and comment. In the final rule, OSHA determined that a tiered approach to compliance was necessary to address commenters' implementation concerns (89 FR 44144, 44302). OSHA finds no reason to revisit that finding. Accordingly, because OSHA is merely extending these subsequent compliance dates to maintain the agency's previously established tiered approach, additional public comment is unnecessary.

In establishing the effective date of this action, OSHA invokes the good cause exception in 5 U.S.C. 553(d)(3), which allows the action to be immediately effective for “good cause” rather than subject to the requirement that rules become effective no earlier than 30 days after publication (5 U.S.C. 553(d)). OSHA finds that the nature of this action, which merely maintains the status quo for a short period time, along with the imminence of the initial compliance deadline, and the confusion that could result from a failure to timely amend paragraph (j), make it unnecessary, impractical, and contrary to the public interest to delay the effectiveness of this action by 30 days.