Hazard warning labels on outer shipping containers

May 15, 1991

MEMORANDUM FOR: JOHN PHILLIPS
REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS

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

SUBJECT: Outer Shipping Container Labeling Under the HCS, 29 CFR 1910.1200

This is in response to your memo of December 12, 1990, to Leo Carey, requesting a review of an interpretation made by this office on container labeling requirements under the Hazard Communication Standard (HCS), 29 CFR 1910.1200. The Office of Field Programs forwarded your memo to us January 29, 1991, and asked us to respond to you directly.

At issue is our letter of November 9, 1990, to Mr. John W. Boyan, Acting Director, General Services Administration, Region 9. This letter stated OSHA's policy with regard to outside (shipping) container labeling as enforceable under the HCS, namely, that "there is no OSHA requirement for hazardous warning labels on the outer shipping container" but only on the actual container holding the hazardous chemical. Your memo expressed "great concern" that this interpretation may be contrary to the purpose of a label required under the HCS, which is to "serve as an immediate visual warning of the chemical hazards in the workplace."

As you are aware, subsequent to your memo of December 12, a Hazard Communication briefing session was held at the OSHA Training Institute (January 23-24) for all Regional Hazard Communication Coordinators. This issue was, at that time, discussed at length. While we agree with your concern that the lack of an outer shipping label may pose a hazard to employees working near and attempting to clean-up the spill from unlabeled leaking shipping containers, we nevertheless feel ours is the most enforceable interpretation that could be made, given the language of the HCS. "Container" is defined in the HCS as the vessel "or the like that contains a hazardous chemical" not something that holds a container or containers of hazardous chemical(s).

Additionally, if a shipping container held several hazardous chemicals, it is unclear what would be required, under the HCS, as the "appropriate hazard warning." Would a warning be required for each different container inside? Would a hazard analysis be required to determine an "appropriate hazard warning" for chemicals, which, if spilled or leaked, could present a combined or synergistic effect or hazard? These issues were addressed in detail during the recent briefing session; it was determined that the most preferred method for OSHA to enforce an outer shipping label requirement would be by amending the standard to specifically require this change.

Further, the Department of Transportation has enforcement authority over the labeling of outside shipping containers. The HCS specifically states that containers of hazardous chemicals leaving the workplace are to be labeled in such a way that does not conflict with the requirements of DOT's Hazardous Materials Transportation Act. DOT has recently revised its Hazardous Materials Regulations ("HMR," 49 CFR parts 171-180) with respect to what they refer to as "hazard communication requirements" (shipping paper descriptions, marking and labeling of packages, placarding of vehicles and bulk packagings, and emergency response communication) and classification and packaging requirements (see Federal Register, December 21, 1990, Vol. 55, No. 246, pgs. 52402-52729). These new regulations become effective October 1, 1991, after which time the Department will be enforcing both the old and newly-revised requirements, which are to be phased in over a five year period.

If during a workplace inspection, OSHA compliance personnel find that the chemical manufacturer is not labeling the outside shipping container, a referral should be made to the Research and Special Programs Administration of the DOT at the following address:

Department of Transportation - RSPA
Office of Hazardous Materials Transportation
Enforcement Division
400 Seventh Street, S.W.
Washington, D.C. 20590-0001

Telephone: (202) 366-4700

While we agree with Region VII's comment concerning the intent of the HCS (to supply as much information to potentially exposed employees as possible), our interpretation of this provision is consistent with the plain meaning of the standard. The field is free to encourage employers to exceed the basic requirements of the HCS and maximize the exchange of workplace hazard information by labeling shipping containers, again, in such a way that does not conflict with applicable DOT requirements.

We hope this clarifies this issue for you. If you have any further concerns, please feel free to contact Melody Sands of my staff at (FTS) 523-8036.

[The January 29 and December 12, 1990 regional memoranda, November 9 OSHA letter, and October 24 request reproduced on the OSHA page are omitted here.]