Response: For ink cartridges to qualify as "articles" they must satisfy the requirements specified in the definition of an article at 1910.1200(c):

Article" means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees.

OSHA does not make hazard classifications for manufacturers, since it is the manufacturer that is most familiar with a product's composition, the normal conditions of use (e.g., packaging, shipping, cutting, burning, heating, or any other processing), and the potential downstream exposures. In your November 13 letter, however, you indicated that potential exposure to the ink can occur when maintenance workers remove ink from the ink supply tubes and recovery units of printheads. You also stated that some of the ink cartridges are classified as Category 3 or 4 flammable liquids and as STOT-RE. Accordingly, it does not appear that the ink cartridges are articles under the HCS.

Response: Yes. When a hazardous chemical has been classified as a flammable liquid according to Appendix B.6, Flammable Liquids, the hazard information is required to be on the label and SDS per 1910.1200(f) and (g). Appendix C.4.19, Flammable Liquids, provides the requirements for labeling Category 3 and 4 flammable liquids, and Appendix D, Table D.1, lays out the minimum requirements for SDSs.

That the ink is not considered flammable under the U.N. Recommendations on the Transport of Dangerous Goods does not mean it is not covered under the HCS. The preamble to HCS 2012 states, ...the physical hazard definitions in the Globally Harmonized System of Classification of Chemicals [GHS] are drawn from the United Nations' Recommendations on the Transport of Dangerous Goods, and, [t]he primary differences involve exceptions that make the definitions more applicable to workplace situations (for example, coverage of flammable liquids that are currently defined as combustible under the HCS). 77 Fed. Reg. 17574, 17697 (March 26, 2012). Therefore, any difference between the U.N. Recommendations and the HCS 2012 with regards to physical hazards was to account for the differences in transportation and the workplace.

Response: Yes. When a hazardous chemical has been classified as a STOT-RE in accordance with Appendix A.9, Specific Target Organ Toxicity- Repeated or Prolonged Exposure, the hazard information is required to be on the label and SDS, per 1910.1200(f) and (g). Appendix C.4.12, STOT-RE, specifies the labeling requirements for chemicals classified as STOT-RE, and as stated above, Appendix D, Table D.1, provides out the minimum requirements for SDSs.

Response: Yes. The HCS requires employers to train employees who are exposed or potentially exposed to hazardous chemicals. If maintenance workers are the only employees who are exposed or potentially exposed to ink, the employer need not provide training on the hazards of ink to other employees. Employers are required to provide training when an employee receives his/her initial work assignment and whenever a new physical or health hazard is introduced into the employee's work area.

Response: No. In your November 5 letter, and in a conversation with a member of my staff, you indicated that your client manufactures and imports the ink cartridges containing hazardous chemicals, then ships the printers and ink cartridges to downstream customers for use. Paragraph 1910.1200(f)(1) requires manufacturers, importers, or distributors to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (i) a product identifier; (ii) signal word; (iii) hazard statement(s); (iv) pictogram(s); (v) precautionary statement(s); and (vi) the name, address, and telephone number of the responsible party. Under the HCS, the label must be on the immediate container of the hazardous chemical. See 2012 Valasek letter of interpretation.