Drill bits and the hazard communication article exemption

October 2, 1986

Mr. Charles M. Mullen, Jr.
Safety Engineer
Precision Twist Drill Company
[Recipient address omitted]
Dear Mr. Mullen:

This is in response to your letters of August 19 and 26 regarding the "article" definition given under the Hazard Communication Standard, 29 CFR 1910.1200. Specifically, you asked if a drill bit meets this definition.

The "article" exemption can pose difficulties for manufacturers in determining whether their products meet the definition. The key to the definition of an "article," and thus exemption, is the requirement that the manufactured item does "... not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use ..." Many items appear to meet the definition in their manufactured form, but, manufacturers must consider their products' end use before the "article" exemption may apply.

Your letter states that you have been informed that if the drill bit is used properly, with a coolant, no dusts will become airborne; and that the steel will not heat up to the 1200-degree temperature necessary to release a toxic gas. The Hazard Communication Standard requires "chemical manufacturers" to evaluate the chemicals produced in their workplace to determine if they are hazardous. If your hazard determination indicates that downstream employees will not be exposed to any hazardous chemicals contained in your drill bit, then your product would meet the definition of an article.

The Occupational Safety and Health Administration (OSHA) cannot make an across-the-board determination of a products' exclusion as an "article." The standard's definition by its very wording imposes the need to make case-by-case evaluations. Consequently, a blanket exemption for specific products cannot be given by OSHA.

In most cases, based on our experience thus for, drill bits will be considered "articles" under the Hazard Communication Standard. However, there may be, circumstances beyond our ability to anticipate that may result in exposure to employees. In these instances the article exemption would not apply.

If I can be of further assistance please feel free to contact me again.

Sincerely,
John A. Pendergrass
Assistant Secretary

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