Hazard warnings on shipped chemical containers

July 26, 1989
The Honorable Robert W. Kasten, Jr.
United States, Senate
Washington, D.C. 20510
Dear Senator Kasten:
This is in response to your correspondence of June 27, addressed to Ruth Knight, Director of Intra-governmental Affairs, on behalf of your constituent, Ernest E. McClellan of Plast-O-Meric, Inc., regarding the label requirements of the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200.
The HCS requires shipped containers of hazardous chemicals to be labeled, tagged or marked with the identity of the hazardous chemicals, appropriate hazard warnings, and the name and address of the chemical manufacturer, importer, or other responsible party. Plast-O-Meric, Inc. was issued a citation for not providing appropriate hazard warnings on its containers of hazardous chemicals which are shipped to downstream employers. An in-plant labeling system was used as labels for their shipped containers, which did not include appropriate health hazard information including the target organ effects.
Contrary to the statements of Mr. McClellan and his counsel, the preamble to the HCS published on August 24, 1987, in the Federal Register, includes a lengthy discussion on what constitutes an appropriate hazard warning required to be included on the label. Specific information regarding health and physical hazards is required on the label to comply with the rule. The terms "health" and "physical" hazards are defined in the HCS. The definition for health hazard includes the target organs which the chemicals affect. This information must be included in any appropriate health hazard warning. In the situation where a target organ effect is not known, a general warning statement is permitted. In all other cases, the hazard warning serves as the immediate warning of the health and physical hazards of the chemical.
OSHA does allow the use of standardized in-plant labeling systems for containers of hazardous chemicals which do not leave the workplace. These labels, incorporating rating systems, often contain less detailed information on the chemical hazards than is required by the rule. However, when these labels are used in conjunction with material safety data sheets (MSDSs) which provide the required detailed information and training, as required by the standard, they are permitted for in-plant containers. In-plant labeling systems are not permitted for shipped containers unless the required label information is affixed to the container. Shipped container labels may provide the" only hazard information in certain situations and there is no guarantee that downstream employees handling or using the chemicals will be able to understand the less detailed information permitted on in-plant labels.
Regarding Mr. McClellan's concern about the coverage of hazardous chemicals physically bound in a material, the standard does not cover hazardous chemicals when the material is bound in such a way that employees cannot be exposed. If there is no exposure, either under normal conditions of use or in a foreseeable emergency, then the chemical is not covered by the standard, and the hazard information for the chemical would not be required on the label. However, if under normal conditions of use, an action is performed downstream on the product that could release the hazardous chemical, then the substance would be covered under the HCS and the provisions of the standard would apply.
Mr. McClellan also stated that he is not receiving hazard information from his suppliers. Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import and to convey the hazard information to downstream employers and distributors in the form of labels and MSDSs. If the information Mr. McClellan receives from his suppliers is deficient, he should write to both the product manufacturer and supplier for corrected labels or sheets. In the event he does not receive the corrected information, Mr. McClellan should send copies of the deficient items to his nearest OSHA Area Office and request assistance in obtaining properly completed labels and MSDSs.
Mr. McClellan is also concerned that all chemical manufacturers be required to comply with the HCS requirements. OSHA would like to point out that all chemical manufacturers and importers have been required to label shipped containers of hazardous chemicals with the appropriate hazard information since November 25, 1985.
We hope this information is helpful to you in responding to your constituent's concerns. Please feel free to contact us again if further assistance is needed.
Sincerely,
Alan C. McMillan
Acting Assistant Secretary
[Corrected 6/2/2005]

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