"NewellRubbermaid, Inc (Sanford L.P.) is a member of The Art and Creative Materials Institute, Inc. This product is certified by the Institute to

be labeled in accordance with the voluntary chronic hazard labeling standard ASTM D-4236 and is labeled with the AP Non Toxic Seal.

Products bearing the AP Approved Product Seal of The Art and Creative Materials Institute, Inc. are certified in a program of toxicological

evaluation by a medical expert, subject to review by the Institute Toxicology Advisory Board, to contain no materials in sufficient quantities to be

toxic or injurious to humans, or to cause acute toxicity or chronic health problems [bold my emphasis]."

So would that put it in the category of "non-hazardous" and not fall under the guidelines:

From Jeff Tenny's quote: 

"Employees who are required to work with hazardous chemicals [Bold, my emphasis] in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience have a right to know about the properties of those hazardous chemicals."

The original MSDS:

http://msdsop.newellrubbermaid.com/downloads/EberhardFaber3000Permanent%20Marker_64290.pdf

Jeff

On Wed, Nov 19, 2014 at 2:50 PM, Jeff Tenney <Jeff.Tenney**At_Symbol_Here**sdmyers.com> wrote:

Depends on use. Under Hazcom:

 

Do you need to keep MSDSs for commercial products such as "Windex" and "White-Out"?

 

OSHA does not require that MSDSs be provided to purchasers of household consumer products when the products are used in the workplace in the same manner that a consumer would use them, i.e.; where the duration and frequency of use (and therefore exposure) is not greater than what the typical consumer would experience. This exemption in OSHA's regulation is based, however, not upon the chemical manufacturer's intended use of his product, but upon how it actually is used in the workplace. Employees who are required to work with hazardous chemicals in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience have a right to know about the properties of those hazardous chemicals.

 

Reference Interpretation and Compliance Letters:

=E2- Provision of MSDSs for consumer products used in the workplace. [1/9/90]

=E2- Applicability of the HCS to office workers and copy machine operators. [3/31/89]

=E2- Application of the HCS MSDS requirements to distributors selling hazardous chemicals to consumers and employers. [5/16/90]

 

From: https://www.osha.gov/html/faq-hazcom.html#faq8

 

Jeff

 

 

From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of George D. McCallion
Sent: Wednesday, November 19, 2014 2:12 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: [DCHAS-L] GHS query-markers

 

Dear DCHAS Staff,

 

Would any members know if, in fact, that markers (i.e., Sharpies) are classified under the GHS system?

 

If yes/no, can a reference be provided?

 

Thank you in advance.

 

-George

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George D. McCallion
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