Pesticide containers and hazard communication labels

May 8, 1991

MEMORANDUM FOR: LINDA R. ANKU
REGIONAL ADMINISTRATOR

FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: Hazard Communication Standard - Pesticide Labeling

This is in response to your memorandum of January 28, and followup of April 16, requesting an interpretation of the labeling requirements of the Hazard Communication Standard (HCS) with regard to containers of pesticides. In your memo you question whether OSHA can cite an employer when an unlabeled container of a pesticide is found in the workplace. Your conclusion appears to be that OSHA cannot cite since the pesticide is "subject" to EPA pesticide labeling requirements, whether the label is present or not.

If OSHA is certain that the chemical is a pesticide -- and that the lack of a label is therefore a violation of EPA's requirements and not OSHA's -- no citation would be issued, but a referral would be made to EPA. However, the CSHO cannot objectively ascertain that the container holds a covered pesticide unless an appropriate pesticide label -- with an EPA registration number -- is produced by the employer. Existence of such a label needs to be established for OSHA to be certain that the chemical is an EPA-regulated pesticide. This is particularly important since many pesticides are used for other purposes (e.g., carbon tetrachloride and ethylene dibromide).

Thus, from a practical perspective, if the CSHO finds an unlabeled container of chemicals in the workplace, the employer should be cited for violating the labeling provisions of the HCS unless: 1) it is exempted under the portable container provisions; 2) the employer can demonstrate that the chemical is not hazardous, and therefore not subject to the HCS; or 3) the employer can demonstrate that the chemical is subject to labeling requirements of EPA (or other Federal agency) by producing the appropriate label.

If the appropriate pesticide label is produced after the citation is issued, we will withdraw it upon proof that the chemical is covered under EPA regulations.

[The January 28, 1991 regional memorandum reproduced on the OSHA page is omitted here.]