Hazard communication data sheets and DOT hazard labels

November 5, 1996

Mr. Ernest Isenberg
Retired President
Western Extralite Company
[Recipient address omitted]
Dear Mr. Isenberg:

Thank you for your letter of September 20, regarding the report of the National Advisory Committee on Occupational Safety and Health (NACOSH) to the Occupational Safety and Health Administration (OSHA) on hazard communication.

Copies of your comments and those of the other organizations or individuals who submitted them were provided by OSHA to the NACOSH work group for their consideration on May 29. Your particular suggestion regarding the system used to protect transportation workers and emergency responders was highlighted in OSHA's transmittal of the comments to the work group. See pages 86 to 90 for the NACOSH discussion of your suggestion that the system used by the Department of Transportation (DOT) be a model for Hazard Communication. Specifically, in your comment letter of May 3, 1996, you stated "We at Western Extralite Company believe the DOT HAZMAT Program should be considered as an alternative to the MSDS Forwarding Process."

There were members of the work group who are experts on the DOT system as well as the OSHA approach. They therefore were able to accurately describe the requirements of DOT in the report, as well as draw distinctions in the purpose and implementation of the two systems, and the appropriateness of applying similar requirements in either situation. Based on their expertise and experience in these areas, the work group concluded that the systems are not comparable in purpose, and that the DOT system does not provide an adequate model to address workplace situations covered by OSHA. Thus, the final NACOSH report states: "In the final analysis, both the OSHA and DOT systems are useful in their respective spheres. ...[N]either system could replace the other at this time." Based on the discussions in the meetings, as well as the lengthy discussion in the final report, OSHA believes that your suggestion was considered thoroughly by NACOSH, and that they concluded that they did not agree that it was appropriate to change Hazard Communication to model it on the DOT approach.

In addition to this specific consideration of your suggestions, NACOSH also addressed the general suggestion of establishing an MSDS repository which was put forth by other commenters (see pages 58 to 61). This is an idea that has circulated for a number of years, and OSHA previously contracted for a feasibility study on the proposal. As a result of that study, OSHA determined that it would not be appropriate for the Agency to undertake establishing such a repository itself.

Furthermore, other private sector parties have investigated the possibility, and have not been able to successfully undertake such a project either. While it may be technically feasible to have such a system, there are many issues regarding the utility and comprehensibility of the information in the usual electronic form liability questions, and other aspects that are problematic.

OSHA believes the NACOSH report demonstrates the complexity of the issues involved with implementation of Hazard Communication, and the difficulty of finding solutions that satisfy all the the different perspectives on the standard. We appreciate your interest in this important standard.

Sincerely,

Joseph A. Dear
Assistant Secretary

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