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.