Formaldehyde pesticide labels and federal jurisdiction

August 9, 1993
Mr. Richard J. Mannix
Crowell & Moring
[Recipient address omitted]
Dear Mr. Mannix:
Thank you for your letter of April 5, regarding the Occupational Safety and Health Administration's (OSHA) Formaldehyde Standard. Please excuse our delay in responding to your concerns.
In your letter you inquired about the apparent conflict between the labeling requirements contained in OSHA's Formaldehyde Standard (29 CFR 1910.1048(m)) and the labeling requirements under the EPA's Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). OSHA agrees that the labeling requirements specified in the Formaldehyde Standard are preempted where formaldehyde is used as a registered pesticide. In such case the product must be labelled in accordance with FIFRA requirements.
OSHA's jurisdiction over formaldehyde and pesticide exposure is limited in two ways as a consequence of FIFRA. First, as stated above OSHA jurisdiction over registered pesticide products containing and emitting formaldehyde is preempted by EPA's labeling regulations. Second, pesticide applicators and employees under their direct supervision are exempt from the requirements of the OSHA Formaldehyde Standard. Under FIFRA, EPA has exercised its statutory authority to regulate pesticide exposure of certified applicators and of those employees under the direct supervision of a certified applicator. As you know, Section 4(b)(1) of the OSH Act states that: "Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies... exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health." Therefore, for FIFRA-regulated activities the Formaldehyde Standard would be preempted by FIFRA.
If you should have further questions please contact [the Office of Health Enforcement at (202) 693-2190].
Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs

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

[Corrected 12/6/2024]