Standard Interpretations - Table of Contents|
| Standard Number:||1910.1200(f); 1910.1200(f)(2)|
|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 http://www.osha.gov.|
"Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et seq.) and regulations issued under that Act by the Department of Transportation."The standard requires that each label contain the identity of the hazardous chemical(s), appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party (see 29 CFR 1910.1200(f)(1)). The standard, therefore, clearly requires an appropriate hazard warning label on every hazardous chemical container leaving a chemical manufacturer's or importer's workplace.
"For ... bulk shipments of metallic scrap, an appropriate label must be sent to each purchaser prior to or at the time of initial shipment. In addition, an explanatory letter must be sent with the label, describing how the label should be used on the manufacturing purchaser's premises. Additional labels must be provided upon request, and the purchaser must be informed of this availability." (Emphasis added.)You responded by letter on January 14, 1986, noting:
"It would be acceptable to send an appropriate label to each purchaser prior to or at the time of initial shipment along with the explanatory letter you propose."Nowhere in your letter was it suggested or implied that additional labels would have to be sent with each subsequent shipment.
"During melting, may release fumes which could be harmful if inhaled. Consult MSDS for details."The other labeling problem confronting scrap processors concerns the definition of "container." There are two primary means by which metallic scrap is shipped: in drums, and similar structures; and in bulk, via rail cars, trucks, and the like. Clearly, the former method (drums, boxes, etc.) involves the use of "containers," each of which must be labeled in accordance with the standard. In contrast, bulk shipments are not typically thought to involve "containers," and reasonable doubt exists whether such shipments would require labels.
"During melting, may release fumes which could be harmful if inhaled. Consult MSDS for details."
|Standard Interpretations - Table of Contents|
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