Hazard labels for tank trucks and rail cars

December 2, 1985

Mr. Joseph Byrne
Vice President
Unocal Corporation
[Recipient address omitted]
Dear Mr. Byrne:

This is in response to your letter of November 4, regarding the Occupational Safety and Health Administration's (OSHA) inspection procedures for the Hazard Communication Standard.

In your letter you indicated that your greatest concern is that OSHA has recently taken the position that tank trucks and tank cars are containers. Tank cars and rail cars have always been considered to be included under the definition of a container. In the Summary and Explanation of the Standard it is stated that a container is "anything that holds hazardous chemicals except pipes and piping systems" (48 FR 228, p. 53335).

The intent of the label on shipped containers is to ensure that the purchaser of the hazardous chemical receives appropriate information and hazard warnings at the time the shipment is received. With rail cars, tank trucks, etc., it is acceptable to place the label with the bill of lading rather than on the tank truck itself. The key is to ensure that the method chosen supplies label information to employees covered by the standard at first contact with the product.

I hope this information has clarified these issues. If you should require any additional information, please feel free to contact us.

Sincerely,
Patrick R. Tyson
Acting Assistant Secretary

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