| The Home page of ILPI's Safety Data Sheet (SDS) Resource, the leader in SDS information since 1995! | |
| The history and philosophy behind this resource. | |
| A curated collection of books and reference materials concerning Safety Data Sheets and closely related topics. | |
| Paste your plain text SDS into the SDS-Demystifier, and it will be converted into a hypertext-enriched document with links to detailed explanations of each key term. | |
| An extensive list of frequently asked questions about Safety Data Sheets including regulations, content, compliance, and more. | |
| A humorous take on Safety Data Sheet jargon. Fill in the blanks on our entry form to generate a personalized Unsafety Data Sheet to share with your coworkers. | |
| Since 1995, we've maintained this massive curated list of the best places to find Safety Data Sheets on the Internet. | |
| Way more than a glossary, this hypertext-enhanced resource covers hundreds of SDS-related terms and expert knowledge. Each entry includes both the SDS relevance and links to additional authoritative resources. | |
| Archived results of Safety Data Sheet related polls taken by some of our millions of site visitors | |
| You are here! The OSHA regulations behind SDS regulations, including the inspection guidelines and over 400 official interpretations letters under the Hazard Communication Standard | |
| Commercial suppliers of SDS authoring and management software as well as cloud compliance services. | |
| Commercial companies that will create SDS's for your specific needs as well as SDS translation companies. |
Safety signs, banners, and scoreboards? Get yours at Safety Emporium!
OSHA Hazard Communication Letters of Interpretation
HCS compliant labeling of outer and inner packaging
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 2012 (historical)
- Current standard
- HCS 2024, as amended
ILPI assessment: Generally consistent; current small-container rules add detail
The letter distinguishes an immediate container from successive packaging layers. A tertiary foam package does not normally require an HCS label merely because it surrounds already labeled containers, but if it becomes a container for leaked hazardous chemical the facts change.
Current small-container provisions allow reduced shipped labels only when full labels, pull-out labels, fold-back labels or tags are not feasible. The 100 mL and narrower 3 mL alternatives have specified immediate-container and outer-package requirements. Small size alone is not an exemption. The letter’s practical accommodation should be compared with the current rule. DOT shipping-package requirements remain separate.
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.
March 31, 2021
Safety Emporium has all kinds of lab equipment such as valves and faucets.
Mr James. Lee
Senior Compliance Analyst
Hach Company
5600 Lindbergh Dr.
Loveland, CO 80538
Dear Mr. Lee:
Thank you for your email to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs, regarding labeling requirements under OSHA's Hazard Communication Standard [ILPI: Original HCS 2012 context · Current HCS] (HCS), 29 CFR § 1910.1200. This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any situation not delineated within your original response. Your presented scenario and question are summarized below, followed by our reply.
Scenario: Your company ships hazardous chemicals in quaternary packaging kits. These packaging kits consist of four (4) components, which includes an immediate, secondary, tertiary, and quaternary container. Your packaging scenario details individual vials as immediate containers which are then placed into a secondary container (e.g., plastic bag or box). The secondary container is placed inside of a tertiary container comprised of expanded polystyrene. The tertiary container is then placed inside a corrugated cardboard box which is prepared for shipping. The immediate containers (e.g., vials) and the secondary container are labeled in compliance with the HCS [ILPI: Original HCS 2012 context · Current HCS]. The quaternary container (e.g., cardboard box) is labeled in compliance with the U.S. Department of Transportation (DOT) requirements.
[ILPI note: At issuance: HCS 2012. Compare immediate-container labeling and current small-container conditions. Outer transport packaging and HCS immediate containers are different concepts.]
NOTE: The response provided to your question pertains only to OSHA's HCS [ILPI: Original HCS 2012 context · Current HCS]. Label requirements pertaining to DOT should be addressed to DOT.
Question: Does the tertiary container (e.g., container comprised of expanded polystyrene) packaging require HCS [ILPI: Original HCS 2012 context · Current HCS] compliant labeling?
Store and dispense flammable liquids safely with flammable liquid safety cans from Safety Emporium.
Reply: The HCS [ILPI: Original HCS 2012 context · Current HCS] requires labeling of the immediate container. See 29 CFR 1910.1200(c) [ILPI: Original HCS 2012 context · Current HCS], (f)(1) [ILPI: Original HCS 2012 context · Current HCS]. In the scenario you described, the immediate container (e.g., vials) and secondary container may be labeled in accordance to OSHA's practical accommodation for small containers because the full HCS label information cannot be attached to the immediate container. Please see OSHA's letter to Mr. Mark Collatz dated February 10, 2015.1 OSHA does not view the tertiary container in the above scenario as an immediate container, and therefore, would not require the container be HCS labeled. However, if the tertiary container serves as an overpack to contain a ruptured or leaking immediate or secondary container, it must be labeled in accordance with the HCS. Please see OSHA's letter to Mr. Gary Valasek dated December 20, 2012.2 In the scenario you described, OSHA does not require the outer shipping container to have HCS compliant labeling, but it is allowed.
Thank you for your interest in occupational safety and health. I hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.
Sincerely,
Patrick J. Kapust, Acting Director
Directorate of Enforcement Programs
[1] See, https://www.osha.gov/laws-regs/standardinterpretations/2015-02-10-3
[2] See, https://www.osha.gov/laws-regs/standardinterpretations/2012-12-20.
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/2021-03-31.