Foundry castings and the hazard communication article exemption

November 19, 1985

The Honorable Robert W. Kastenmeier
[Recipient address omitted]
Dear Congressman Kastenmeier:

This is in response to your letter of October 25 addressed to former Assistant Secretary Robert A. Rowland, requesting information regarding the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard and your constituent, Mr. A. A. Gibeaut. Mr. Gibeaut, Vice President of the Iroquois Foundry Company, was particularly concerned about this standard's application to gray and ductile iron castings.

The Hazard Communication Standard requires employers in the manufacturing industries to provide warning information (material safety data sheets) for any hazardous substances they manufacture. The standard generally exempts "articles" (such as castings) except in the instance that such an article releases or otherwise results in an exposure to a hazardous chemical under normal conditions of use.

There are some instances in which castings might release or otherwise result in an exposure to a hazardous chemical. Two examples are welding, in which some of the hazardous exposures may come from the casting as well as from the welding rod, and grinding on unfinished castings, which may generate exposures to silica and various components of the cast metal.

The determination of whether or not hazardous exposures may occur is left to the manufacturer, who must consider whether or not exposures may result under conditions of normal use. Your constituent--possibly with the assistance of his customers--may conclude that no such hazardous exposures would result from the normal use of his products, i.e., they are only assembled with no welding, or grinding performed. He would then be able to state that a hazard determination concluded that no hazardous exposure could result from normal use of his product, and his castings are classed as articles.

Most manufacturing users of castings will rely on the manufacturer for hazard communication information on a casting since the HCS places these responsibilities on a product's manufacturer.

Nothing in the standard prevents or limits the resources an employer may use to perform hazard determinations, complete material safety data sheets, and label hazardous chemicals. Castings manufacturers could enter agreements wherein their customers assist in the development of hazard communication information. This would be acceptable and would likely lead to the development of more comprehensive information.

Please feel free to contact us if further assistance is needed.

Sincerely,
John B. Miles., Jr., Director
Directorate of Field Operations

[Requester letter reproduced on OSHA page; omitted here.]