Art materials and hazard communication duties

September 17, 1987

Mr. Martin J. Neville
Fanelli, Neville, Varian & Staker
Attorneys at Law
[Recipient address omitted]
Dear Mr. Neville:

This is in further response to your letter of July 17, concerning the application of the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard to the art materials industry.

As stated in your letter, the Hazard Communication Standard does not require the Labeling of products subject to Labeling under Consumer Products Safety Commission (CPSC) standards. The CPSC exemption applies only to labels; employers must comply with all remaining provisions of the Hazard Communication Standard.

The current scope of the Hazard Communication Standard is limited to chemical manufacturers, importers and distributors who sell chemicals to employers in Standard Industrial Classification (SIC) Codes 20-39. Manufacturing employers must have and maintain material safety data sheets for all hazardous chemicals used in their workplaces to which employees may be exposed. The standard does not apply to "office workers" who encounter hazardous chemicals in non-routine work situations. For example, an employee who uses a solvent to clean a typewriter once or twice a year does not have to be provided with a material safety data sheet.

The format and appearance of a material safety data sheet may be decided by the preparer. The inclusion of the statement "OSHA opinion that a material safety data sheet is not necessary for non-toxic products" may be misleading. We suggest the following alternative language be considered; "This product is not considered to be or contain hazardous chemicals based on evaluations made by our company under the OSHA Hazard Communication Standard, reference 29 CFR 1910.1200."

Chemical manufacturers and importers are responsible for hazard determinations and the development of material safety data sheets for hazardous chemicals under the Hazard Communication Standard. Trade associations would not be party to OSHA citations issued to specific manufacturers for violations of the Hazard Communication Standard. Material safety data sheets may be prepared for non-hazardous chemicals, however, care must be taken to ensure that inapplicable generic warnings are not used on such forms.

On August 24, 1987, a revised Hazard Communication Standard was published in the Federal Register effectively expanding the scope of the standard's coverage to include all employees exposed to hazardous chemicals. By May 23, 1988, remaining employers must have in place complete hazard communication programs. The expanded rule will directly effect ACMI members. Members will be required to create or obtain material safety data sheets for all hazardous chemicals and transmit them to their customers along with or prior to shipment.

Retail suppliers of chemicals are only required to provide a material safety data sheet upon request from an employer covered by the standard. A retail supplier must post a sign or otherwise inform commercial customers of the availability of material safety data sheets. Additionally, chemical manufacturers are not required to transmit material safety data sheet to distributors who do not sell to commercial customers.

A cursory review of the ACMI's draft "Guidelines for Material Safety Data Sheet" indicates that it should prove helpful to members using it. Since most of the material in this document comes from the Hazard Communication Standard we do not expect members using it correctly to be out of compliance with the standard. We suggest, however, in view of the promulgation of the expanded rule, that you consider making the necessary changes to reflect the broadened coverage of the standard. We would be happy to review your document again in more detail at that time.

OSHA would be glad to participate in an ACMI sponsored seminar by providing a representative. 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.]