Hazard communication coverage of metal fabrications

January 15, 1986

Mr. Warren Podolske
President
Milwaukee Metal Products Company
[Recipient address omitted]
Dear Mr. Podolske:

President Reagan has asked the Occupational Safety and Health Administration (OSHA) to respond to your letter of November 8, 1985, concerning the coverage of steel, aluminum, and other metals under the Hazard Communication Standard (HCS). Please accept my apology for the delay in response.

The HCS requires that manufacturers perform a hazard determination on products they sell. As part of the evaluation the manufacturer must anticipate the uses to which product will normally be put. Both physical and health characteristics must be considered during the hazard determination procedure.

If through this evaluation (see 29 CFR 1910.1200(d)) it is determined that a product does contain hazardous chemicals which may be released during its use, then the product is covered by the HCS and proper labels and MSDS must be transmitted. If this is not the case, however, the product may meet the standard's definition of an article: "a manufactured item: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use."

The HCS does not apply to products that meet the definition of an article. A hazard determination must be performed to establish this, however.

It is not OSHA's intent that all materials require material safety data sheets (MSDSs) and labels; rather, only those that are hazardous and present a possibility of employee exposure to the hazard.

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.]