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OSHA Hazard Communication Letters of Interpretation
HAZCOM: Clarification of "article" and "hazardous substance".
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 1994, pre-GHS archive
- Current standard
- HCS 2024, as amended
ILPI assessment: Article analysis remains; modern classification replaces hazard determination
This letter addresses the obsolete 1994 version of the Hazard Communication Standard (HCS). A gasket is not automatically exempt because it has a manufactured shape or contains silica only in a solid matrix. All conditions of the article definition must be satisfied under normal use, including the absence of a physical hazard or health risk.
Apply the current article definition (FAQ) and classification requirements. HCS 2012 replaced the old hazard-determination process with hazard classification. Crystalline silica hazards must be evaluated for the actual form and exposure potential, including handling and installation. Trace release alone does not establish exemption if a health risk remains.
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This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter.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, 1999
Ms. Michele Sabulsky
HSE Associate
EPI
813 Frederick Road
Baltimore, Maryland 21228
Dear Ms. Sabulsky:
Thank you for your letter of August 17, 1999 to the Occupational Safety and Health Administration (OSHA) regarding the carcinogenicity of silica and its classification on Material Safety Data Sheets (MSDSs) for gaskets. Your question has been referred to the Directorate of Compliance Programs for response.
OSHA does not make hazard determinations on a case-by-case basis, since it is the manufacturer who is most familiar with a product's composition, its intended uses, and the potential downstream exposures. We are not generally involved in the hazard determination process until it is brought to our attention that the manufacturer's MSDS may be incomplete or inadequate.
[ILPI note: At issuance: HCS 1994, pre-GHS archive. The historical term hazard determination was replaced by hazard classification in HCS 2012, with specified criteria for hazard classes and categories. Manufacturers and importers retain responsibility for classifying their chemicals; OSHA does not routinely approve individual products.]
Your letter seems to ask whether or not the gaskets your company produces are an "article" under the Hazard Communication Standard (HCS). Articles do not present a hazardous exposure to employees and are exempt from coverage under the standard. Hopefully, the following guidance will be of assistance to you in making the determination of whether your product is an "article" or a "hazardous chemical."
A hazardous chemical is any chemical which is a health hazard or a physical hazard. Crystalline silica is considered a Group 1 carcinogen by the International Agency for Research on Cancer (IARC). According to the HCS, any hazardous chemical determined to be a carcinogen by IARC, the National Toxicology Program (NTP), or regulated as a carcinogen by OSHA is considered a carcinogen for the purposes of the HCS and must be designated as such on the MSDS. Crystalline silica is clearly a hazardous chemical.
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An "article" under the HCS is any manufactured item other than a fluid or particle which, 1) is formed to a specific shape or design during manufacture, 2) has end use function(s) dependent in whole or in part upon its shape or design during end use, and 3) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical and does not pose a physical hazard or health risk to employees (29 CFR 1910.1200(c) [ILPI: Original HCS 1994 context · Current HCS]).
Therefore, if at any time during employee handling of your product (for example, shipping, packaging, installation, or final use), the silica in your product is available for employee exposure (in quantities other than minute or trace amounts), then your product would not be considered an article and the potential health effects must be reported on the MSDS.
I hope that this provides the clarification you were seeking. If you require further assistance, please contact the Office of Health Compliance Assistance at 202-693-2190. Thank you for your interest in occupational safety and health.
Sincerely,
Richard E. Fairfax, 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/1999-11-01-1.