Response: No. Paragraph 1910.1200(f)(1) requires the chemical manufacturer, importer, or distributor to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (1) a product identifier; (2) signal word; (3) hazard statement(s); (4) pictogram(s); (5) precautionary statement(s); and (6) the name, address, and telephone number of the responsible party. As such, a key or numbering system is not compliant with the HCS 2012 and therefore cannot be used on labels in place of required hazard information for shipped containers.

Response: No, as discussed above, NIST is required to comply with the HCS labeling requirements.

Response: No. All hazardous chemicals shipped within the United States must comply with the HCS 2012 requirements.

Response: No. Ampoules/bottles of the hazardous chemical must be labeled with the hazard information required by HCS 2012. While paragraph 1910.1200(c) defines a label as an appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging, this is merely the definition of what a label is; it was not intended to allow for the labeling of the outside packaging only. OSHA's position is that labels must be attached to a hazardous chemical's immediate container. Therefore, a manufacturer, importer, or distributor may not attach an HCS 2012 label only to the outside packaging of a shipped hazardous chemical.

OSHA understands your concern that HCS 2012 labels contain more information, which may be difficult to include on small shipped containers. As such, labeling can be done with pull-out labels, fold back labels, tags or other methods. While pull-out labels, fold back labels, tags or other methods to attach the label to the shipped container may cost more than traditional glued on labels, an increase in cost is an unacceptable reason to avoid use of these labeling methods. We are including a recent OSHA letter to [Name Withheld] from April 15, 2013, which discusses how tags may be used to label shipped containers.

As a practical accommodation, where the manufacturer can show that it is not feasible to use pull-out labels, fold back labels, or tags, containing the full HCS 2012 required information, the shipped small container (i.e., the actual container holding the hazardous chemical), at a minimum, must contain the following:

• Product identifier
• Appropriate pictograms
• Manufacturer's name and phone number
• Signal word
• A statement indicating the full label information for the chemical is provided on the outside package.

Additionally, the outside packaging, at a minimum, must comply with the following:

• All the applicable label elements, as defined in 29 CFR 1910.1200(f)(1).
• The outside package must be clearly marked to ensure the complete label elements are visible and it must clearly inform users that the small container must be stored in the outer container bearing the complete label. The complete label must be maintained on the outer package (e.g., not torn, defaced, destroyed).
• The manufacturer must ensure that any alternative labeling used does not conflict with any other standards. As such, the outside packaging must not present a hazard while the material is being stored.

Example: Category 1 flammable liquid, named High Flam, where the only hazard is the flammability, manufactured by ABC.

• The immediate container would be labeled as follows:
  • High Flam,
  • Flame Pictogram,
  • DANGER,
  • Phone # (123) 456-7890,
  • Full labeling information for High Flam is provided on the outside package.
• The outside package would contain:
  • High Flam,
  • Flame Pictogram,
  • DANGER,
  • Extremely flammable liquid and vapor, all the precautionary statements (e.g., Store in a well-ventilated place. Keep cool. Keep container tightly closed, see Appendix C, subsection C.4.19 for the full list of precautionary statements that must be present for a category 1 flammable liquid.)
  • ABC 100 Any Street, Any Town, MA 14569
  • Phone # (123) 456-7890.

NOTE: As this is a flammable liquid, the outer packaging MUST not be of a material that is flammable or combustible, 29 CFR 1910.106(d)(2)(i).

OSHA encourages manufacturers, distributors, and importers to add as much information as feasible to the small shipped container labels.