CPSC versus HCS 2012 labeling requirements

Response: OSHA does not approve specific product labels, but we can explain the label requirements under OSHA's HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] . Your questions concerning CPSC label requirements, other than the exceptions stated in HCS 2012 [ILPI: Original HCS 2012 context · Current HCS], must be addressed to the CPSC. OSHA exempts products from HCS labeling when they are subject to a consumer product safety standard or labeling requirement of the Consumer Product Safety Act and the Federal Hazardous Substances Act, per HCS paragraph 1910.1200(b)(5)(v) [ILPI: Original HCS 2012 context · Current HCS]. However, any chemical that is not subject to this or other labeling exemptions must be labeled in accordance with the HCS requirements specified at paragraph 1910.1200(f) [ILPI: Original HCS 2012 context · Current HCS], regardless of whether it is also required to conform with the labeling requirements set by another agency.

The HCS requires that the label information on all shipped containers of chemical contain specific information that is based on the classification of the chemicals in the product. The following information is required on labels as explained in 1910.1200(f)(1) [ILPI: Original HCS 2012 context · Current HCS], with the label elements defined in 1910.1200(f)(1)(i) [ILPI: Original HCS 2012 context · Current HCS]-(vi):

• Product identifier;
• Signal word;
• Hazard statement(s);
• Pictogram(s);
• Precautionary statement(s); and,
• Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party.

Manufacturers are permitted to include supplemental information on HCS labels under Appendix C.3 [ILPI: Original HCS 2012 context · Current HCS], Supplementary Hazard Information. Chapter C.3.1 [ILPI: Original HCS 2012 context · Current HCS] requires that supplementary information be limited to situations where it would not contradict or cast doubt on the validity of the standardized hazard information. Chapter C.3.2 [ILPI: Original HCS 2012 context · Current HCS] requires that the placement of the supplemental information must not impede indication of the information required to be on the label under HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] . OSHA may consider the CPSC or any other agency-required information as supplemental information. This letter provides clarification on how manufacturers, importers or distributors can incorporate supplemental information into their labels that provides further detail, does not contradict or cast doubt on the validity of the standardized hazard information, and does not impede the identification of the required HCS information.

For clarification, the following labeling schemes would be considered as casting doubt or impeding the identification of the required HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] information:

1. Intertwining the supplemental information with HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] information, so that the worker cannot easily identify the required hazard information.
2. Displaying the supplemental information more prominently than the HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] information (e.g., different font sizes).
3. Placing the supplemental information on the outside of a fold-back label and the required HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] information on the inside.
4. Providing the label elements in a foreign language more prominently than the label elements in English or in such a manner that the required label elements [ILPI: Original HCS 2012 context · Current HCS] in English are not the most prominent items on the label.
5. The use of symbols other than the required HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] symbols within the red border (except the environmental symbol) as part of pictograms.
6. The use of a signal word other than that which is appropriate for the chemical's hazard.

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There may be other labeling schemes where the use of supplemental information does not provide further detail, contradicts or casts doubt on the required information, and/or impedes the identification of the required information. During an OSHA inspection, an OSHA compliance safety and health officer would determine a chemical label's compliance with the HCS on a case-by-case basis to ensure it contains the information required in 1910.1200(f) [ILPI: Original HCS 2012 context · Current HCS], as well as meeting the requirements for any supplemental information, if found on the label.

[ILPI note: At issuance: HCS 2012. Apply current C.3.1 and C.3.2. The CPSC labeling exemption and consumer-use exemption have different scope.]

Response: No. The information in your example would cast doubt on the validity of OSHA's required information in violation of § 1910.1200(f)(2) [ILPI: Original HCS 2012 context · Current HCS] and Appendix C.3.1 [ILPI: Original HCS 2012 context · Current HCS]. HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] classifies a chemical as flammable based on its flash point, and in some situations, its initial boiling point. See chapter B.6.2 of Appendix B [ILPI: Original HCS 2012 context · Current HCS], Physical Hazard Criteria. The HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] requirements for Category 3 and Category 4 flammable liquids have different flashpoints than the CPSC's flammable/combustible cut-off limits. Under HCS 2012 [ILPI: Original HCS 2012 context · Current HCS] , a Category 3 flammable liquid has a required signal word "Warning" and hazard statement "flammable liquid and vapor," and a Category 4 flammable liquid has the required signal word of "Warning" and hazard statement of "combustible liquid." Thus, the use of the CPSC "Warning: combustible liquid" casts doubt on the Category 3 flammable liquid classification and may cause an employer or employee to think that the chemical is less hazardous than it is.