- Standard Number:
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.
October 2, 2015
Ms. Tammy L. Blakeslee, CIH
P.O. Box 386 M.O.,
Shrewsbury, MA 01545
Dear Ms. Blakeslee:
Thank you for your April 12, 2015, letter to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs (DEP). In your letter you requested guidance on the labeling elements required on the safety data sheet (SDS) under the Hazard Communication Standard (HCS 2012), 29 CFR 1910.1200. This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased scenario and question are presented below, followed by our response.
Scenario: EnviroNet LLC. needs to modify and omit the Globally Harmonized System (GHS) precautionary statements with certain packaged material because the statements are not appropriate. The product in question is flammable and sold in small glass bottles and 5-gallon steel drums. However, the precautionary statement referring to grounding and bonding applies only to the steel drums, and not to the glass bottles.
Accordingly, we have two sets of label elements that need to be communicated on two different product labels with the only difference being the precautionary statements.
Question: We have a single SDS for this product. Is it acceptable to list the grounding and bonding precautionary statement in Section 2 of the SDS even though it does not apply when the product is packaged in glass bottles?
Response: Yes, it is acceptable to list all precautionary statements on a single SDS even though some of the precautionary statements do not apply to the product when placed in glass containers. Paragraph 29 CFR 1910.1200(g)(2) requires the SDS to include precautionary statements as outlined in Appendix D to §1910.1200- Safety Data Sheets (Mandatory). A statement that the grounding and bonding precautionary statement does not apply when the product is shipped in glass bottles may be added to Section 7 of the SDS, Handling and Storage.
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 letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. 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 ensure that you are using the correct information and guidance, please consult OSHA's website at http://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 Programs