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Hazard communication exemption for waste samples sent to a lab

Summary A safety consultant asked whether hazardous-waste samples sent to a lab for analysis lose their Hazard Communication Standard exemption. OSHA said samples sent as part of disposal preparation remain hazardous waste when accompanied by the waste manifest and can retain the exemption if they meet the statutory and EPA regulatory definition. The guidance matters to waste handlers and laboratories.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1988-08-17
Date issued
August 17, 1988
Status
Active
Status last verified October 10, 2026

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August 17, 1988

Lawrence B. Maglin, CSM, CSSP LBM
[Recipient address omitted]
Dear Mr. Maglin:

This is in reply to your letter concerning the hazardous waste exemption of the Hazard Communication Standard as applied to samples of the waste sent to a laboratory for analysis.

Since the laboratory analysis is part of the preparation for the disposal of the chemicals and the waste manifest accompanies the sample bottles to the laboratory, it would, therefore, still be considered hazardous waste. Such samples would be exempted from coverage under the Hazard Communication Standard, if the waste is defined as a hazardous waste by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, when subject to regulations issued under that Act by the Environmental Protection Agency.

Please contact this office if we can be of further assistance.

Sincerely,
Thomas J. Shepich, Director
Directorate of Compliance Programs

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