|MSDS and safety supplies||Search ALL our MSDS info|
|Title: 11/09/1990 - Application of the Hazard Communication Standard to hydrotreated refined oils.|
|Record Type: Interpretation||Standard Number: 1910.1200|
November 9, 1990
Mr. Dave Peel
Vice President Manufacturing
Post Office Box 130
Breslau, Ontario NOB 1MO
Dear Mr. Peel:
Thank you for your letter of October 11, regarding the application of the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) to hydrotreated re-refined oils.
Your letter specifically raises two issues:
Mr. J. D. Wilbourn of the International Agency for Research on Cancer stated in his letter of January 24, 1985 to Dr. P.R. Tyson of OSHA, "The conclusions on the refining of base oils are based upon data available to the Working Group and should not be extended to the refining of used oils or any other process that was not considered by the Working Group."
Our interpretation of this statement is that there is no evidence that re-refined oil is carcinogenic.
Under the HCS, chemical manufacturers have the responsibility to "identify and consider" all available scientific evidence for the chemicals they produce or import to determine if they are hazardous. According to the information you presented above, the IARC Working Group did not study re-refined oils to determine their carcinogenic effects. In general, if an IARC monograph does not address a specific chemical or group of chemicals, the results of the monograph would not apply. This does not necessarily mean, however, as you concluded in your letter, that "there is no evidence that re-refined oils are carcinogenic." It is your duty as the chemical manufacturer to evaluate all other scientific evidence and available studies to determine if any other evidence exists that may indicate a carcinogenic (or other) health hazard is associated with exposure to these types of oils. Stated in another way, the fact that your type of refinery process or type of oil was not addressed in the IARC monograph, does not relieve you of the mandate to look elsewhere for other statistically significant evidence that carcinogenic or other health effects may result from employee exposure to re-refined oils.
Get your PCB and hazardous waste labels fromSafety Emporium.
The re-refined base oils produced using a hydrotreating process at pressures above or below 800 psi and at temperatures below 800 degrees Fahrenheit are exempt from the requirement that the product be designated carcinogenic on the MSDS.
Enclosed for your information and review is a copy of OSHA's Federal Register notice of December 20, 1985, which provides the Agency's interpretation regarding lubricating oils and the HCS. The notice summarizes the Agency's position on the issue and may be useful to you as background information to the hazard determination you must perform for the re-refined oils you produce.
Also enclosed is a copy of OSHA's compliance directive for the hazard communication standard, CPL 2-2.38C. This document is transmitted to all OSHA compliance personnel and provides policies, procedures and clarification of the HCS in order to ensure uniform enforcement of the standard. Appendix A to this document contains interpretations of certain provisions of the standard including a discussion of the applicability of the IARC's findings to lubricating oils and the applicability of the HCS (See page A-11). A description of the process parameters and carcinogenicity is provided which should also be useful to you for your hazard determination on your product. Specific guidance given provides that:
Ensure that your MSDS collection is "readily accessible" with these handy compliance centers from Safety Emporium.
Gerard F. Scannell
The official, public domain, OSHA version of this document is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=20121&p_text_version=FALSE