Response: Under section 1910.1200(b)(3), only certain HCS requirements are applicable to laboratories. A laboratory that produces nuclear standards is considered a laboratory for the purposes of the HCS.¹ Section (b)(3)(iv) of the HCS requires laboratory employers that ship hazardous chemicals to ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (f)(1), and that safety data sheets are provided in accordance with paragraphs (g)(6) and (g)(7).

However, under both the recently revised HCS (HCS 2012) and the prior HCS (HCS 1994), ionizing and non-ionizing radiation are excluded from coverage under 29 CFR 1910.1200(b)(6)(xi). When the laboratory ships nuclear standards that have only ionizing radiation hazards, it is not required to comply with the HCS requirements. Nevertheless, it has been OSHA's longstanding position that if the radioactive material contains another type of chemical hazard that is not the result of the radioactivity of the chemical, the HCS requirements apply. See 59 Fed Reg. 6126, 6155 (Feb. 9, 1994) (final rule) (when another type of hazard is presented along with the [radioactive] material (e.g., a container with a biological sample packed in a hazardous solvent), then the container would be subject to the requirement of the HCS for the other hazardous chemical); 53 Fed. Reg. 29833, 29841 (Aug. 8, 1988) (proposed rule) (when a radioactive chemical presents other types of chemical hazards that are not the result of the radioactivity of the chemical, it will be covered for those hazards). Therefore, when the nuclear standards that are shipped have a chemical hazard that is not the result of the radioactivity of the chemical, the standards must be labeled for those chemical hazards and have a Material Safety Data Sheet (MSDS) or SDS.²

Response: As noted above, when a laboratory ships a hazardous chemical, it is subject to the HCS labeling requirements in paragraph (f)(1). Paragraph (f)(1) states:

The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged (emphasis added) or marked.

Accordingly, it is permissible to tag a label to the immediate container of the hazardous chemical. When tags are used, they must be affixed in such a manner that they do not become separated from the container.

Response: We are unsure from your letter if the facility you are asking about is a government owned government operated or a government owned contractor operated. OSHA has a memorandum of understanding with DOE concerning government owned contractor operated facilities. This question is being answered assuming that you are asking about a government owned government operated facility.

As mentioned above, the coverage of laboratories is limited under the HCS. Under section 1910.1200(b)(3)(i), laboratories are required to ensure that labels on incoming containers of hazardous chemicals are not removed or defaced. This requirement applies regardless of the physical state of the chemical.

A workplace may contain many work areas that are not part of the actual laboratory. In work areas other than the laboratory itself, the full HCS requirements are applicable, including the HCS's workplace labeling requirements under paragraph (f)(6). Therefore, even though the DOE facility in which you work contains a laboratory that produces nuclear standards, there may be a number of other work areas within the facility where the paragraph (f)(6) workplace labeling requirements must be followed. In those work areas, the workplace labeling requirements must be complied with regardless of the physical state of the chemical.