In May of this year, OSHA issued an updated version of its CPL-02-02-079, Inspection Procedures for the Hazard Communication Standard (HCS 2024). In this updated CPL, OSHA explains the requirements for “secondary containers”, which has become a hotly contested practice for unknown reasons. I have spent the past 2 years trying to correct the “internet experts” on the requirements for labeling “secondary containers”. These requirements have not changed a lot, but there are still many “experts” who will declare that all containers of hazardous materials must be labeled as if they are “Shipped Containers”, rather than “secondary containers. Here is OSHA’s position:
Paragraph (f)(6) – Workplace Labels (sometimes called secondary, internal or in-house labels
a. Employers must update workplace labels by November 20, 2026, for substances and May 19, 2028, for mixtures when there are classification changes from the manufacturer, importer, or distributor.
Workplace labels must include:
- Either the information in paragraph (f)(1)(i) through (f)(1)(v) as specified in (f)(6)(i); or,
- Product identifier and words, pictures, symbols, or a combination thereof, providing general information on the hazards of the chemicals, and which, in conjunction, with other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical, (f)(6)(ii). If symbols are used they must not contradict the pictograms, or use of the wrong symbol for a given hazard (e.g., using the symbol for oxidizers to signify carcinogens).
- Employers using alternative labeling systems must ensure that their employees are aware of all information required to be conveyed under the HCS. OSHA will make a plant-specific determination of the effectiveness of the complete program when an inspection is conducted. Any employer who relies on one of these types of alternative labeling systems, instead of using labels containing complete health effects information will – in any enforcement action alleging the inadequacy of the labeling system – bear the burden of establishing that it has achieved a level of employee awareness which equals or exceeds that which would have been achieved if the employer had used labels containing complete health effects information (59 FR 6156).
- The key to evaluating the effectiveness of any alternative labeling method is to determine whether employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings. The alternative labeling system must also be readily accessible to all employees in their work area throughout each work shift. For purposes of this provision, the term “other information immediately available” does not include safety data sheets used in lieu of labels.