|MSDS and safety supplies||Search ALL our MSDS info|
|Title: 12/24/1992 - Guidance on whether "patch test kits" are exempt from the labeling requirements of HCS.|
|Record Type: Interpretation||Standard Number: 1910.1200|
December 24, 1992
Dr. Clifford W. Lober
American Academy of Dermatology
930 N. Meacham Road
Post Office Box 4014
Schaumburg, Illinois 60168-4014
Dear Dr. Lober:
This is in further response to your inquiry of October 9, concerning the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1910.1200.
You requested guidance on whether "patch test kits" are exempt from the labeling requirements of HCS. If the patch test kit and its contents are subject to the labeling requirements of the Federal Food, Drug and Cosmetic Act and are labeled in accordance with the Food and Drug Administration, the kit would be exempt from the labeling requirements of HCS. This exemption, found in 29 CFR 1910.1200(b)(5)(ii), only applies to labels; employers must still comply with all other provisions of the standard.
You also list several instances that you feel would be exempt from all of the requirements of HCS, which we will address in the order that you presented them:
A bottle of Windex could fall under the scope of chemicals that are covered by the company's HCS program if employees use the cleaner more frequently than normal consumer use, or if it is not used in the same manner that a normal consumer would use Windex. For example, cleaning staff who use the product repeatedly on a daily basis would need information on the hazards of Windex because they use the product more frequently than a normal consumer would.
Drugs that are in solid and final form for direct administration to the patient (i.e. tablets, pills or capsules) are completely exempt from the requirements of HCS, as per 29 CFR 1910.1200(b)(6). Vaccines, whose hazards are biological rather than chemical, are also exempt from the standard.
Medical kits are exempt from the HCS requirements because they are intended for employee consumption, as per 29 CFR 1910.1200(b)(6)(vi).
Ensure that your MSDS collection is "readily accessible" with these handy compliance centers from Safety Emporium.
Roger A. Clark, Director
Directorate of Compliance Programs
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=20971&p_text_version=FALSE