Cadmium content and labeling of installed products

April 26, 1994

Mr. Gerald W. Lancour
Director
McDonnell Douglas
[Recipient address omitted]
Dear Mr. Lancour:

This is in further response to your letter of June 17, 1993, concerning rule 29 CFR 1910.1027(m)(3)(iii) in the Cadmium standard for General Industry. Please accept our apology for the long delay in providing our response.

Rule 29 CFR 1910.1027(m)(3)(iii) states, "Where feasible, installed cadmium products shall have a visible label or other indication that cadmium is present." You seek clarification as to the amount of cadmium a product must contain before this rule comes into effect.

The Occupational Safety and Health Administration (OSHA) intends for the cadmium content initiating the applicability of the rule to conform with the criteria in the Hazard Communication Standard, 29 CFR 1910.1200, for initiating the requirement to label carcinogens. Labeling is definitely required if the content of cadmium is 0.1 percent or greater (refer to 29 CFR 1910.1200(d)(5)(ii)). Labeling is required at a lower concentration if the manufacturer, importer, or employer has evidence to indicate that cadmium present in the product in concentrations of less than 0.1 percent could be released in airborne concentrations which would exceed the OSHA permissible exposure limit for cadmium (refer to 29 CFR 1910.1200(d)(5)(iv)).

If an item is mechanically coated with cadmium powder, coated with cadmium-containing paint, cadmium plated, or otherwise surface-treated with cadmium, then the content of cadmium in the material applied to the surface determines whether labelling is required. Under that situation it is inappropriate to base the labelling decision on the content of cadmium in the item.

The label is not required to contain cadmium hazard information. The only information it needs to convey is the location of cadmium-containing products. Please bear in mind that the beneficiaries of the labeling of installed cadmium-containing products include, but are not limited to, employers and their employees engaged in waste disposal, recycling of materials, maintenance work, or repair work. Rule 29 CFR 1910.1027(m)(3)(iii) does not apply to a product manufactured before December 14, 1992, except to the extent that employers using the product have existing knowledge or learn incidentally of cadmium-containing items or materials installed in the product.

We appreciate the opportunity to clarify this matter for you.

Sincerely,
Ruth E. McCully, Director
Office of Health Compliance Assistance

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