Background: Your company has an internal communication method to communicate the identity of hazardous chemicals transported on company vehicles from one location to another location within the same building (intra-plant). This method uses words, pictures, and/or product identification number, NFPA, HMIS, or DOT identifiers. The company also uses this communication method when transporting hazardous chemicals from one company property to another company property (inter-company). The internal communications methods are included in the company’s written hazardous communication plan, which covers multiple company properties. During transportation, the hazardous chemicals do not leave the custody of trained company personnel.
Question: Do the workplace labeling requirements in 29 CFR 1910.1200(f)(6) and 29 CFR 1910.1200(f)(7) apply when moving hazardous chemicals intra-plant and/or inter-company?
(emphasis by me)
|
Reply: Workplace labeling in 29 CFR 1910.1200(f)(6) and 29 CFR 1910.1200(f)(7)applies to labeling hazardous chemicals that are used WITHIN THE WORKPLACE. These paragraphs provide an ALTERNATIVE to labeling under 29 CFR 1910.1200(f)(1), labels on SHIPPED CONTAINERS. Paragraph (f)(6) permits hazardous chemical containers in the workplace to be labeled with product identifiers and words, pictures, symbols, or a combination thereof, which provide at least general information regarding 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 chemicals. 29 CFR 1910.1200(f)(6)(ii). OSHA views hazardous chemicals that are transported within the same building intra-plant as being the same workplace, and accordingly, workplace labeling in paragraph (f)(6) would be permitted. However, as OSHA explained in the Valasek letter, any [and ALL] container leaving the workplace is a “SHIPPED CONTAINER” and MUST comply with the labeling requirements in paragraph (f)(1). Therefore, hazardous chemicals that are transported between workplaces (i.e., from one company building/property to another company building/property), even if within the same company, must be labeled in accordance with 29 CFR 1910.1200(f)(1). Paragraph (f)(7) applies only to labeling individual stationary process containers of hazardous chemicals. |
SAFTENG NOTE: Paragraph (f)(1) is where all the new GHS labeling requirements reside…
Source: https://www.osha.gov/laws-regs/standardinterpretations/2018-12-03
https://www.osha.gov/sites/default/files/enforcement/directives/CPL_02-02-079.pdf