Labeling duties of hazardous-chemical wholesalers

September 16, 1986

The Honorable Dan Glickman
Member, U.S. House of Representatives
[Recipient address omitted]
Dear Congressman Glickman:

Thank you for your letter, dated August 18 and addressed to Ms. Ruth Knight of the Occupational Safety and Health Administration (OSHA) wherein you forwarded a communication which you had received from Mr. Tom Stanion, President of Stanion Wholesale Electric Company of Pratt, Kansas. Mr. Stanion expressed his strong opposition to the Hazard Communication Standard as it applies to wholesalers and distributors of hazardous chemicals.

Specifically, he objected to the requirement of the Standard that labels be provided for every container of hazardous chemicals leaving the employer's premises. These labels must identify the chemical, warn of its hazards, and provide the name and address of the manufacturer, importer, or other responsible party.

The Hazard Communication Standard does indeed establish labeling requirements for shipped containers as well as for inplant containers. Both must contain (1) the identity of hazardous chemical[s] and (2) appropriate hazard warnings. In addition, labels on shipped containers must include the name and address of the manufacturer, importer, or other responsible party.

In establishing this requirement the Agency intended that all employees, particularly those who do not work for the companies manufacturing the hazardous chemicals and who, consequently, may not have a training program which would bring these hazards to their attention, be made aware of the hazardous effects of the chemicals they work with. The label also provides a link to the material safety data sheet involved. Since non-covered employees (that is, employees in industries other than manufacturing) will generally not be provided with material safety data sheets, the requirement for appropriate hazard warnings on the label becomes the most useful information element for this group of workers and information element for this group of workers and informs them and their employers of the source of additional information, should they desire to have it.

If a wholesaler/distributor receives containers from a manufacturer which do not have the appropriate labels, the wholesaler/distributor is under no obligation actually to create labels. Rather, since the shipping manufacturer is in violation of the requirements, the wholesaler/distributor is required only to contact the manufacturer immediately and request that the labels be provided for these containers and that all future shipments be properly labeled. Since the wholesaler/distributor does not repackage these materials, the original label should remain affixed to the container.

I hope that this response adequately addresses Mr. Stanion's concerns. Please feel free to contact us again, if we can be of further assistance.

Sincerely,
John A. Pendergrass
Assistant Secretary

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