When a manufacturer or importer ships defective/rejected Li-ion batteries for disposal or recycling, they are required to provide an HCS-compliant SDS to downstream employers. An HCS-compliant label would not be required for a product that is regulated under the CPSC.7 For example, consumer products that are generally regulated by the CPSC include button cells (e.g., watch batteries), small batteries (e.g., flashlight battery), and batteries for laptop computers and power tools. For questions you may have in regard to CPSC requirements, please contact the CPSC at 4330 East-West Highway, Bethesda, MD 20814, 301-504-7923.
For Li-ion batteries that are NOT regulated by the CPSC (e.g., hybrid vehicle batteries), the HCS requires the manufacturer or importer to ensure that each container (e.g., individual battery, cells in a package, carton, or box) is HCS labeled, tagged or marked in accordance with 29 CFR § 1910.1200(f)(1)(i)-(vi) prior to leaving the workplace. If the product is stored in the workplace or a warehouse, the container may be labeled in accordance with the workplace label requirements of 29 CFR § 1910.1200(f)(6). In addition, an HCS-compliant SDS must also be provided to employers downstream.
In situations where an establishment (e.g., hardware, electronics, general goods store) has available a consumer Li-ion battery disposal or recycling drop off container, the establishment may not have the available hazard information (i.e., SDS) for the disposed batteries. In this situation, the establishment is not required to generate or obtain any hazard information to send downstream to a disposal or recycling facility. But, if hazard information (e.g., label, SDS) is available to them, the establishment should provide that information downstream (e.g., to a recycler). In addition, a USDOT-compliant label/marking would be required on the shipping container.
In work operations where employees only handle sealed containers of Li-ion batteries that are not opened under normal conditions of use (such as warehousing, retail sales), the following would apply:
- Employer shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
- Maintain copies of any safety data sheets (SDSs) that are received with incoming shipments of hazardous chemicals and have the SDSs readily available upon employee request and during each work shift to employees when they are in their work area(s); and,
- Employers shall ensure that employees are provided with information and training to the extent to protect them in the event of a spill or leak of a hazardous chemical from a sealed container. See 29 CFR §1910.1200(b)(4)(i)-(iii).
When Li-ion batteries are in transport from the manufacturer or importer, the shipment must be labeled in accordance with USDOT label/marking requirements, as indicated in 29 CFR § 1910.1200(f)(5). Furthermore, the HCS requirement to provide an SDS with the shipped container or prior to the shipment remains applicable. 29 CFR § 1910.1200(g)(6)(ii). For questions you may have regarding USDOT label or marking requirements of Li-ion batteries when in transport, please contact the USDOT. The USDOT may be contacted at 1200 New Jersey Avenue, SE, Washington, DC 20590, 855-368-4200.
Source: https://www.osha.gov/laws-regs/standardinterpretations/2022-12-01