Standard Interpretations - Table of Contents|
| Standard Number:||1910.1048|
a. Any employer who changed any label registered with EPA in an attempt to comply with separate OSHA's labeling requirements would be in violation of Section 12(a)(2)(A) of FIFRA which states that it is "unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any labeling required under [FIFRA]." 7 U.S.C. 136j(a)(2)(A).all' pesticide uses. The potential for conflict and confusion can be avoided through uniform OSHA acceptance of the FIFRA label so that manufacturers of pesticides need not place different safety and health labels on their products depending on where and by whom they are to be used.
b. Section 4(b)(1) of the OSH Act provides that "[n]othing in this Act shall apply to working conditions of employees with respect to which other Federal agencies,... exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health." 29 USC 653(b)(1). EPA labeling requirements under FIFRA are clearly an exercise of statutory authority over occupational health and would therefore preempt the OSHA label for those conditions.
c. Duplicative and conflicting regulation by agencies with overlapping statutory mandates ought to be avoided wherever possible. The labeling requirements imposed by EPA under FIFRA are not limited to the workplace, but extend to
|Standard Interpretations - Table of Contents|