OSHA has posted a Letter of Interpretation (LOI) regarding “industrial markers containing liquid paint or ink. ” Here are the four (4) questions OSHA answers:
Question 1: Can an industrial isopropyl alcohol (IPA) or ethyl acetate (EA) based marker containing 10 milliliters (ml) of liquid paint or ink be considered an article per paragraph 1910.1200(c) of HCS 2012? Given the [minute] quantities of ink or paint which may be released under normal conditions of use, the end use shape and design of the marker, and because the marker is certified as “nontoxic” by a board-certified toxicologist against the ASTM D-4236 standard, would the marker meet the definition of an article?
Question 2: Is the fact that the formula used in the marker has been reviewed in detail by a board-certified toxicologist under ASTM D4236 and “certified nontoxic” sufficient to avoid classification and labeling under the Hazard Communication standard due to the minute amount of solvent contained in each marker and released during use?
Question 3: Must the industrial solvent-based paint marker safety data sheets (SDSs) and label contain information related to classification as Category 3 or Category 4 Flammable Liquids if the flash point of the liquid meets the requirements of the classification? The industrial solvent-based paint markers are DOT shipped as UN1210, Printing Inks, Packing Group III.
Question 4: Must the IPA or EA-based marker SDS and label contain additional GHS classifications that may apply based on the composition of the liquid when the marker is considered “nontoxic” per ASTM D-4236 by a board-certified toxicologist? Could a caption on the label, such as “read SDS before using,” be sufficient? Is it required that the SDS and label contain equivalent classification and hazard information?
NOTE: some emphasis is by me and some links have been added for ease of access to referenced documents/sources