Carcinogen disclosure for acetaldehyde under hazard communication

November 10, 1992

The Honorable Thomas J. Bliley, Jr.
U.S. House of Representatives
[Recipient address omitted]
Dear Congressman Bliley:

This is in response to your letter of September 2, on behalf of your constituent Mr. N. Lee Brown, concerning the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200. Mr. Brown pointed out what seemed to be discrepancies in describing the hazards of the chemical acetaldehyde.

The Hazard Communication Standard requires chemical manufacturers or importers to consider a chemical carcinogenic if the International Agency for Research on Cancer (IARC), National Toxicology Program (NTP) or OSHA designates the chemical as a carcinogen or potential carcinogen (please see 29 CFR 1910.1200(d)(4)). If the chemical is a carcinogen and in concentrations of 0.1% or more the health hazard must be explained in the material safety data sheet (MSDS). We see no conflicting information, since the document which Mr. Brown enclosed stated that both NTP and IARC classify acetaldehyde as a carcinogen.

Mr. Brown also noted that the Food and Drug Administration (FDA) recognizes acetaldehyde as safe "for use as a flavoring," and that this conflicting information makes a judgment call difficult. When there is conflicting information that would affect employee safety and health, employers should take the more conservative approach to ensure that the work place is hazard free. In this case, however, OSHA gives solid guidance in its Hazard Communication Standard on which chemicals to label carcinogenic. FDA classification is not required by the HCS; however, if Mr. Brown is interested in the FDA's studies we suggest that he contact the FDA to request their studies on the health effects of acetaldehyde as a flavoring and preservative in consumer products.

We hope this information is helpful. If you have any further questions please feel free to contact us at (202) 219-8036.

Sincerely,
Roger A. Clark,
Director
Directorate of Compliance Programs

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