Calibration gas bottles and the article exemption

January 3, 1994

Mr. Jack McCann
Sales & Marketing Manager
International Sensor Technology
[Recipient address omitted]
Dear Mr. McCann:

This is a response to your letter of August 23, concerning the requirements under the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200, for article exemption. Please accept my regret in the delay in responding to your inquiry.

You request an article exemption from the HCS for bottles of calibration gas containing a 2 ounce quantity of pure gas such as ammonia, chlorine, hydrogen sulfide, and carbon monoxide that are used to calibrate International Sensor Technology's (IST) gas monitors.

The current definition of an article is as follows: "Article means a manufactured item: (i) which is formed to a specific shape or design during manufacture; (ii) which has an end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to a hazardous chemical under normal conditions of use."

As mentioned in the HCS preamble (August 24, 1987), exposures to releases of "very small quantities"; e.g., a trace amount, are not considered to be covered by the HCS. The definition has been interpreted to permit the release of very small quantities of a hazardous chemical and still qualify as an article provided that a physical or health risk is not posed to the employees. Examples of very small quantities would be trace amounts of a hazardous chemical.

Based on the information provided in your letter, the release of hazardous chemicals from the gas calibration bottles, i.e., pure gas contained in IST's P/N 9106(s) could result in employee exposure and do not appear to satisfy the criteria of "very small quantities". Consequent, the standard does apply and the employees would have the right to be informed of these chemical hazards as per the requirements of the HCS.

We hope this information is helpful. If you have any further questions please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
Ruth McCully, Director
Office Of Health Compliance Assistance

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

[Corrected 12/6/2024]