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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
July 2, 2015
Mr. Juan Salazar
Industrias Salcom, S.A. DE C.V.
Calle 2 # 10540 Parque Industrial El Salto
El Salto Jalisco, Mexico CP45680
Dear Mr. Salazar:
Thank you for your October 17, 2014, letter to the Occupational Safety and Health Administration (OSHA). Your letter has been referred to OSHA's Directorate of Enforcement Programs for an answer to your specific question regarding guidance on the correct pictograms to display under OSHA's Hazard Communication Standard (HCS 2012), 29 CFR 1910.1200. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your question is paraphrased below, followed by our response.
Background: Your company manufactures aerosol air fresheners. In your letter, you referred to 29 CFR 1910.1200, Appendix B, Physical Hazard Criteria, and Appendix C, Allocation of Label Elements. Your question refers specifically to Table B.3.1, Criteria for Flammable Aerosols, Table B.5.1, Criteria for Gases Under Pressure, and Section C.4.16, Flammable Aerosols. Table B.3.1 contains information used to classify the two categories of flammable aerosols. Table B.5.1 contains information for the categories of gases under pressure. Section C.4.16 provides information to be displayed on the product label for flammable aerosols.
Question: For a Category 1 flammable aerosol, is the gas cylinder pictogram required on the product label along with the flame pictogram, knowing that an aerosol has pressurized gas in its container that serves as propellant to deliver its product?
Response: Section C.4.16 of Appendix C of 29 CFR 1910.1200 requires a flame pictogram on the product label of all flammable aerosols. A gas cylinder pictogram may also be required on the product label if the flammable aerosol is considered a gas under pressure, as defined under section B.5.1 of Appendix B of 29 CFR 1910.1200. Section B.5.1 states:
Gases under pressure are gases which are contained in a receptacle at a pressure of 200 kPA (29 psi) (gauge) or more, which are liquefied or liquefied and refrigerated.
Although Section C.4.16 recognizes that flammable aerosols are contained within a pressurized container, the gas cylinder pictogram is only required on the product label if the conditions mentioned in Section B.5.1 are met. To clarify, Table B.5.1 of 29 CFR 1910.1200 provides the criteria for classifying gases under pressure. If the flammable aerosol also meets the criteria in Table B.5.1, then the chemical would be classified both as a flammable aerosol and a gas under pressure. The appropriate hazard information for both the gases under pressure and flammable aerosols hazard classes and categories would be required on the label and safety data sheet (SDS).
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov. If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.
Thomas Galassi, Director
Directorate of Enforcement Progams