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October 6, 2009
Mr. Benjamin Garth Studebaker, CSP
Videojet Technologies, Inc.
1500 Mittel Boulevard
Wood Dale, IL 60191-1073
Dear Mr. Studebaker:
Thank you for your April 20, 2009, letter to the Occupational Safety and
Health Administration. You had specific questions regarding the use
of the Globally Harmonized System (GHS) of Classification and Labeling of
Chemicals. This letter constitutes OSHA's interpretation of only the
requirements discussed and may not be applicable to any questions not
delineated within your original correspondence. Your paraphrased
scenario and questions are below, followed by our responses.
Scenario: Your company manufactures various ink products for
industrial inkjet printers and some of these ink products are considered
hazardous within the context of:
- OSHA's Hazard Communication
Standard (HCS), 29 CFR 1910.1200;
- Canada Hazardous Products
Act;
- European Union (EU)
Regulation EC/1272/2008 (EU GHS);
- United Nations (UN) Globally
Harmonized System of Classification and Labeling of Chemicals (UN GHS).
Question 1: Would you consider
an EU GHS label sufficient to meet the spirit and intent of OSHA's current
HCS?
Reply 1: A qualified yes, as long as the label complies
with the provisions of the HCS as discussed herein. The HCS was
promulgated to ensure that the hazards of all chemicals produced in or
imported into the U.S. are evaluated and that information concerning their
hazards is transmitted to employers and employees. The transmittal
of information is to be accomplished by means of comprehensive hazard
communication programs which include container labeling and other forms of
warning covered under 29 CFR 1910.1200(f).
The HCS requires that labels contain the identity of the chemical;
appropriate hazard warnings; and the name and addresses for the chemical
manufacturer, importer, or other responsible party [29 CFR
1910.1200(f)(1)]. The identity of a chemical is the chemical name or
common name that is also used on the material safety data sheet (MSDS),
and a hazard warning means words, pictures, symbols, or a combination
thereof which conveys the specific physical and health hazards, including
the target organ effects [29 CFR 1010.1200(c)]. Manufacturers,
importers, and distributors must ensure that containers of hazardous
chemicals leaving their facilities have labels which contain these
elements.
Classification schemes in the EU and other countries may be different from
those in OSHA's HCS. These classification schemes may affect the
information provided on both the safety data sheet and the label.
However, as long as the EU GHS label contains the information required by
the HCS, OSHA will consider the EU GHS label sufficient.
OSHA is proposing to amend the HCS to incorporate the GHS. If these
changes are ultimately adopted, then EU GHS labels should generally meet
the requirements of the HCS.
Question 2: Would you take enforcement action under your
current regulations against manufacturers, importers or distributors that
market products that have been appropriately labeled according to EU GHS
requirements?
Reply 2: OSHA would not issue any citations so long as the
chemical label and other forms of warning include the information required
by OSHA's HCS, as discussed above.
Question 3: Would you take enforcement action under your
current regulations against employers or users of a product that has been
appropriately labeled according to EU GHS requirements?
Reply 3: Employers obligations under the HCS are distinct
from those of manufacturers, importers, or distributors. According
to the Hazard Communication Directive, CPL 02-02-038, Paragraph
(E)(1)(d)(1), available on OSHA's website: "Employers are not
to be held responsible for inaccurate information on the MSDS/label which
they did not prepare and they have accepted in good faith from the
chemical manufacturer, importer, or distributor. The
"responsible party" named on the MSDS and the label would be
held responsible for the accuracy of the information and potentially
subject to citation if a violation of the HCS was determined to
exist."
Manufacturers, importers and distributors of hazardous chemicals are
required to determine the hazards of the chemical(s) they produce or
import and provide that information downstream to employers and employees
through MSDSs and labels that comply with 29 CFR 1910.1200.
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.
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. If you have any further questions, please feel free to contact the Office
of Health Enforcement at (202) 693-2190.
Sincerely,
Richard E. Fairfax, Director
Directorate of Enforcement Programs
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