11/09/2022 - Transmitting bulk shipment labels by technological or other means

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OSHA Hazard Communication Letters of Interpretation

Ms. Sarah J. Sorenson
The Mosaic Company
3033 Campus Dr., Suite W400
Plymouth, MN 55441

Background: OSHA and the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration issued a Joint Guidance Memorandum in 2016 related to the labeling of hazardous chemicals for bulk shipments.¹ That Joint Guidance Memorandum provides that HCS [ILPI: Original HCS 2012 context · Current HCS] labels for bulk containers (e.g., tanker trucks, rail cars) must be provided either on the immediate container or must be transmitted with shipping papers, bills of lading, or other technological or electronic means so that it is immediately available to workers in printed form on the receiving end of a shipment. You have asked questions about transmitting the label by technological or electronic means.

[ILPI note: At issuance: HCS 2012. Electronic bulk-label transmission is now explicit in paragraph (f)(5)(ii). The label must be immediately available in printed form; this is not a general electronic-only-label option for packaged chemicals.]

NOTE: All instances of shipping in this interpretation pertain to only bulk shipments of hazardous materials that are loaded into large primary containers (e.g., tanker trucks or rail car) that have no intermediate form of containment.

Question 1: Does OSHA have guidance on acceptable methods to transmit labels by "technological or other means"? For example, would including a website link to the safety data sheet (SDS) that also includes a copy of the label information or a link to the label itself on the shipping papers meet this requirement?

Response: OSHA's HCS [ILPI: Original HCS 2012 context · Current HCS] allows a manufacturer, importer, or distributor some flexibility in determining how bulk shipment product labels and SDSs are transmitted to downstream employers. Electronic transmission of product labels for bulk shipments may be conveyed in numerous ways through various electronic platforms including computer systems, facsimile, the internet, barcodes/QR codes, and website links provided that the product label is immediately available to workers in printed form on the receiving end of a shipment, and in the event of emergencies for provision to medical and emergency personnel.

Downstream users accessing electronically transmitted product labels must have immediate access to the applicable transmission platform (e.g., facsimile, computer, code reading device), with no restrictions. A link or code on the shipping papers to the bulk product label must be clearly readable, so that downstream users may easily view the link or scan the code. Product label links or codes provided by the manufacturer, importer, or distributor must take the downstream user directly to the label for printing without requiring any searches. The downstream employer must ensure that any chemical container in the workplace is labeled in accordance with (f)(6) [ILPI: Original HCS 2012 context · Current HCS] before any worker uses the chemical. A tanker truck or railroad tank car may be labeled in accordance with (f)(7) [ILPI: Original HCS 2012 context · Current HCS] when considered a stationary process container.

If a manufacturer, importer, or distributor uses electronic transmission of product labels for bulk shipments, they must ensure the downstream user/recipient chooses to "opt-in" to accept the electronic transmission of product labels for bulk shipments into their hazard communication program [ILPI: Original HCS 2012 context · Current HCS]. A downstream user/recipient may choose to "opt-out" of an electronic distribution system from a manufacturer, importer, or distributor at any time. If a downstream user/ recipient does opt out, the manufacturer, importer, or distributor must then ensure a product label on each bulk shipment is in accordance with 29 CFR § 1910.1200(f)(1) [ILPI: Original HCS 2012 context · Current HCS] or provide a hard copy of the product label with shipping papers or bills of lading.

Question 2: Could we provide the label electronically when we provide the SDS prior to the first bulk shipment? If so, would we need to re-send the label prior to each shipment, or only if there are changes to the label?

Response: The manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals, including bulk shipments, leaving the workplace is labeled, tagged, or marked, per 29 CFR § 1910.1200(f)(1) [ILPI: Original HCS 2012 context · Current HCS]. If the recipient "opts-in" to have HCS [ILPI: Original HCS 2012 context · Current HCS]-compliant labels provided to them by electronic transmission, the label must be still be provided at the time of each bulk shipment. The only exception for bulk shipments would be under 29 CFR § 1910.1200(f)(4) [ILPI: Original HCS 2012 context · Current HCS], Solid Materials, such as wood, steel, plastic items, or whole grain, where the label is required on the first shipment only and need not be included in subsequent shipments to the same employer unless the label information changes.

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.

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OSHA Hazard Communication Letters of Interpretation