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OSHA Hazard Communication Letters of Interpretation
Labeling and RCRA requirements and the HCS standard.
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Conditional waste exemption remains; satellite labeling requirements have changed
This letter addresses the obsolete 1987 version of the Hazard Communication Standard (HCS). Its distinction between RCRA hazardous waste and other hazardous material remains useful. A TSCA label or a generic solid-waste description does not alone establish the HCS RCRA exemption. The old satellite-label wording and section numbers are superseded.
Use the exact conditional waste exclusion and current 40 CFR 262.15 satellite-accumulation requirements. The latter generally require both the words Hazardous Waste and an indication of the hazards, not the old either/or wording; state requirements may also differ. Other hazardous chemicals and applicable HAZWOPER TSD/response duties must be evaluated separately.
OSHA marks the letter edited December 10, 1998. Its edit notice refers to 1910.120, but the HCS waste exclusion is in 1910.1200; that notice must not be read as a blanket HAZWOPER exemption.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
November 1, 1992
Ms. Vicki H. Cormier
Environmental Secretary
PPG Industries, Inc.
Chemicals
Post Office Box 1000
Lake Charles, Louisiana 70602-1000
Dear Ms. Cormier:
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Thank you for your letter of August 7, requesting clarification and interpretation of the provisions of paragraph (b)(6)(i) [ILPI: Original HCS 1987 context (PDF) · Current HCS] of the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200 [ILPI: Original HCS 1987 context (PDF) · Current HCS].
Before responding to your specific questions, it is important to understand the intent of the HCS. This standard was promulgated to ensure that information regarding health and safety hazards of hazardous materials in the workplace are conveyed to the worker(s) whose responsibility it is to handle that material. This important information is conveyed through employee training, the presence and accessibility of material safety data sheets (MSDSs) for each hazardous chemical and container labeling. The premise of this approach is that workers who understand the hazards associated with a material will be more likely to handle the material in a safe manner.
Hazardous waste is specifically exempted from inclusion under the HCS by subparagraph 1910.1200(b)(6)(i) [ILPI: Original HCS 1987 context (PDF) · Current HCS], not because the concept of conveying information to the worker does not apply, but rather because another standard does; i.e., EPA's Resource Conservation and Recovery Act (RCRA).
The following is a presentation of our responses to your questions in the order in which they were raised:
Question: Does this regulation exclude a container (drum) of hazardous waste in a satellite accumulation area that is in the process of being filled but has yet to be moved to an approved hazardous storage area and properly labeled as hazardous waste as outlined in RCRA regulations?
Response: No. All containers of hazardous chemicals in the workplace must be labeled. In order to claim the exemption allowed at (b)(6)(i) of the HCS [ILPI: Original HCS 1987 context (PDF) · Current HCS], the drum must meet the requirements of that rule, including proper labeling as required by RCRA. One such applicable RCRA standard, 40 CFR 262.34(c)(1)(ii), requires that containers of hazardous waste at satellite collection areas within a plant be labeled or marked "either with the words hazardous waste or with other words that identify the contents of the container."
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). The old 262.34(c) citation and either/or wording are superseded. Current 262.15(a)(5) generally requires Hazardous Waste plus an indication of the hazards. The HCS exclusion does not itself waive separate HAZWOPER duties.]
Question: Does this regulation exclude drums of waste defined as hazardous materials but not hazardous wastes such as asbestos contaminated waste/PCB- contaminated wastes, etc. that are labeled in accordance with other applicable regulations such as TSCA and RCRA?
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Response: If these materials are labeled in accordance with the requirements of RCRA, and the employer can prove that all other applicable provisions of that Act have been met at the worksite, such materials would not be covered under the provisions of the Hazard Communication Standard. Section (b)(6)(i) [ILPI: Original HCS 1987 context (PDF) · Current HCS] of the HCS exempts from coverage any hazardous waste (as defined under the Solid Waste Disposal Act and amended by the Resource Conservation and Recovery Act and its amendments) when that material is subject to regulations issued by EPA. Therefore, if these materials are subject to those regulations and labeled in accordance with RCRA requirements, they are exempt from coverage under OSHA's HCS.
The HCS does not grant any exemption for materials regulated under EPA's TSCA.
Question: Does this regulation exclude Industrial Solid Waste, so labeled, that will be shipped offsite for landfill/disposal?
[This document was edited on 12/10/98 to strike information that may be misleading with respect to EPA RCRA requirements. OSHA exempts hazardous waste subject to regulation under RCRA from the provisions of 1910.120.]
Answer: Again, if a waste is labeled in accordance with RCRA requirements and is subject to the regulations of that Act, it is not covered under the provisions of the HCS. If this is not a RCRA- covered waste, it would be subject to the requirements of OSHA's HCS, including labeling and all other provisions of the rule.
It is always the employer's responsibility to be able to prove a claimed exemption to OSHA's HCS. With regard to the "hazardous waste exemptions" allowed at (b)(6)(i) of the HCS [ILPI: Original HCS 1987 context (PDF) · Current HCS], the employer must be able to demonstrate that the material is subject to the RCRA regulations. Employers claiming this exemption must be able to produce the appropriate RCRA label and any other RCRA required identification materials to an inspecting OSHA compliance officer.
We hope this discussion has been responsive to the concerns you raised. Please feel free to contact us again if we can be of further assistance.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1992-11-01.