This [Portable] Rechargeable Battery Association (PRBA) inquiry includes a number of scenarios and questions raised by its members related to
- the article determination,
- hazard classification,
- consumer product exemptions, and
- labeling requirements
The PRBA scenarios and questions have been paraphrased, followed by our responses. In addition, Attachment 1 to this letter provides several scenarios to give a clearer understanding of the application of the HCS to Li-ion batteries. Here is the list of questions OSHA addresses:
Question 1: Can OSHA confirm that the HCS places the ultimate responsibility on the manufacturer or importer to determine whether a particular product poses hazards which would make the product ineligible for the “articles” exemption per 29 CFR § 1910.1200(b)(6)(v)?
Question 2: Can OSHA confirm that the appropriate hazard classification procedures to be followed to address OSHA’s concern with “physical” (e.g., burns, fires) hazards are those outlined in Appendix B.8.?
Question 3: Can OSHA confirm that a manufacturer may appropriately rely on voluntary industry standards, UN testing regimes, or other generally accepted tests to inform its hazard classification of individual products?
Question 4: Can OSHA confirm that end-use products which contain an integrated, non-user-accessible Li-ion battery or battery pack (such as a point-of-sale computer terminal or handheld device) are properly classified as articles when used by workers who do not open them to perform manufacturing, maintenance, or recycling tasks, thus posing no chemical exposure to the employee using the product as intended?
Question 5: Can OSHA confirm that end-use products which contain an integrated, non-user-accessible Li-ion battery/battery pack only require HCS labeling on the battery/battery pack within the end-use product in such a manner that the labeling would be visible to a worker who opens the product to perform manufacturing, maintenance, or recycling tasks.
Question 6: Can OSHA confirm that a user-accessible end-use battery or battery pack intended for use with workplace products which contains a non-user-accessible lithium ion cell or subsidiary battery within the battery or battery pack, and which is designed to prevent physical damage to the interior cell or battery, is properly classified as an article when used by workers who do not open the battery pack to perform manufacturing, maintenance, or recycling tasks (for example, when the battery or battery pack is being replaced).
Question 7: PRBA understands that when Battery Manufacturer A evaluates the normal conditions of use and foreseeable emergencies as part of the hazard determination for its battery, in making an “article” determination, Battery Manufacturer A is not required to evaluate situations where a product manufactured by Product Manufacturer Z, in which the battery is used, contains a design defect (such as a defective AC power adapter), which in turn may cause an overheating event or another failure.
Question 8: Can OSHA confirm that where a workplace product, such as a point-of-sale terminal or power tool, contains the same battery/battery pack as is also used in a consumer product, the battery/battery pack is exempt from the HCS pursuant to 29 CFR § 1910.1200(b)(6)(ix) so long as the battery is being used for the purpose intended by the manufacturer or importer and the use does not present a greater duration or frequency of exposure than the range of exposures that could reasonably be experienced by consumers.
Question 9: The use of a product in a workplace may present a greater duration and frequency of exposure. In such situations, and where a workplace product contains the same Li-ion battery as is used in a consumer product, would a label in accordance with CPSC regulations be compliant with the HCS labeling requirements per 29 CFR § 1910.1200(b)(5)(v)?
Question 10: For products for which an HCS label would either (i) be infeasible to print, (ii) be too small to read if printed, or (iii) would interfere with the function of the product, would OSHA allow the required HCS label elements be provided on the packaging in which the product is delivered for use?
Question 11: When Li-ion cells are shipped from a cell manufacturer to a battery/battery pack integrator or product manufacturer for further processing and are securely palletized or contained in a USDOT compliant package, can OSHA confirm that the pallet and/or package may be considered the container subject to applicable HCS labeling requirements?
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