Cancer-warning labels on polyvinyl chloride products

April 30, 1986
Mr. Peter A. Susser
Keller and Heckman
[Recipient address omitted]
Dear Mr. Susser:
This is in response to your letter of February 26, regarding the hazard of polyvinyl chloride. We apologize for the delay in responding to your inquiry.
We have contacted members of the editorial review board of the Registry of Toxic Effects of Chemical Substances (RTECS) published by the National Institute for Occupational Safety and Health (NIOSH) in regard to your suggestion that RTECS may contain an error where it includes in the data record some carcinogenic determinations for polyvinyl chloride that are ascribed to the International Agency for Research on Cancer (IARC). We have been informed that entries, "Carcinogenic Determination: Animal Positive" and "Carcinogenic Determination: Human Indefinite", were not made in error. Rather, they are the interpretation by the contractor used by NIOSH of statements made in IARC 19, 1979.
The vinyl chloride standard controls the labeling that polyvinyl chloride must bear with respect to information on carcinogenicity. Provision 29 CFR 1910.1017(l)(4) requires that containers of polyvinyl chloride shall be labeled as containing vinyl chloride. Moreover, the provision requires that the label state that polyvinyl chloride is a cancer-suspect agent. Such labeling, however, is not required for "fabricated products." A "fabricated product" is described at 29 CFR 1910.1017(b)(6) as "...a product made wholly or partly from polyvinyl chloride, and which does not require further processing at temperatures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride." Consequently, polyvinyl chloride resin that has not yet been processed into film, or sheeting, or has not yet undergone final molding or extrusion, must be labeled in accordance with 29 CFR 1910.1017(l)(4); whereas the film, sheeting, final molded products, and final extruded products do not.
Whenever labeling according to 29 CFR 1910.1017(l)(4) applies for a polyvinyl chloride product, then the provisions of the Hazard Communication Standard, 29 CFR 1910.1200, also apply, subject to the limits on scope and applicability found in the standard.
We appreciate the opportunity to address your concerns. Please do not hesitate to contact us again if you have further questions.
Sincerely,
John B. Miles, Jr., Director
[Directorate of Enforcement Programs]
[Corrected 3/7/2005]

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