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|Title: 12/22/2008 - Requirements for labeling products that contain a nitrate or nitrite.|
|Record Type: Interpretation||Standard Number: 1910.1200, 1910.1200(b)(6)(ix), 1910.1200(f)(1)(i)|
Mr. Mark Kaster
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Dear Mr. Kaster:
This is in response to your e-mail correspondence to the Occupational Safety and Health Administration (OSHA). Your inquiry has been transferred to OSHA's Directorate of Enforcement Programs for response. This letter constitutes OSHA's interpretation of only the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your letter requested clarification regarding OSHA's hazard communication standard (HCS), 29 CFR 1910.1200. You specifically asked about the requirements for labeling products that contain a nitrate or nitrite. Your scenario and questions have been paraphrased below, followed by OSHA's response.
Scenario: You indicate that the International Agency for Research on Cancer (IARC) will soon be classifying nitrate and nitrate (ingested) as a Group 2A, probable human carcinogen. Your client manufactures an ink product that contains 0.1% (or more) of nitrate by weight. The ink product is encased in cartridges that are designed to prevent leakage and it is not likely that any individual would be exposed to the ink via ingestion or any other route of exposure.
Question: Must a product, like that of your client, containing 0.1% nitrate be labeled as a carcinogen under 29 CFR 1910.1200(f)(1)(i).
This interpretation and exception to the requirements under the HSC is very narrow and applies only to the labeling of nitrates/nitrites as Group 2A carcinogens when ingestion is not a route of exposure. Your client would still be responsible for ensuring that all other hazards associated with exposure to the components in the ink are included on the label and the MSDS.
Additionally, as you mentioned in your inquiry, OSHA's HCS exempts consumer products from coverage. Paragraph (b)(6)(ix) of 29 CFR 1910.1200 states that the HCS does not apply to|
Lastly, because your letter states that you reside in Minneapolis, we should refer you to the standards of the Minnesota Department of Labor and Industry. As you may be aware, the Minnesota Department of Labor and Industry administers its own OSHA-approved state occupational safety and health program (Minnesota OSHA, MNOSHA) for both private and public sector employers and employees in Minnesota. State plans are required to implement regulations that are "at least as effective" as the federal standards. For specific Minnesota OSHA requirements, we recommend that you contact the Minnesota Department of Labor and Industry at:
Minnesota OSHA (MNOSHA)
443 Lafayette Road North
St. Paul, Minnesota 55155-4307
Phone: (651) 284-5050
Also, from time to time we update our guidance in response to new information. To keep appraised of such developments, you can consult OSHA's website at http://www.osha.gov.
Richard E. Fairfax, Director
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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=27397&p_text_version=FALSE