Response: For a gas detector tube to be exempt from the HCS as an "article", it must satisfy the requirements specified in the definition of an article at paragraph 1910.1200(c):

Safety Emporium carries warning, directional, aisle marking, glow in the dark, reflective, and fluorescent tapes plus a whole lot more.

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.

If the manufacturer or importer makes a reasonable determination that its product satisfies the definition specified in paragraph 1910.1200(c), including that it poses no health risk or physical hazard to downstream workers, then the product would be considered an article and exempt from the HCS's requirements, per section 1910.1200(b)(6)(v), and no HCS compliant label or SDS is required. However, if the product does not meet the definition of an article, then the product must have a label and an SDS.

In your inquiry, you suggested that manufacturers, such as Dräger, Gastec, Kitagawa, and others, have all made the determination that their detector tubes meet the "article" definition under the HCS. The supplemental information provided in your letter from one manufacturer did not appear to include information necessary for proper evaluation and classification of the chemical hazards. OSHA would base its compliance determination on the documentation provided by the manufacturer or importer as justification of the hazard classification. Therefore, as provided above, if a manufacturer or importer makes a reasonable determination that its gas detector tube(s) satisfy the requirements specified at paragraph 1910.1200(c), and there is no potential employee exposure to the material or substance within the detector tube during normal conditions of use and foreseeable emergencies, then a gas detector tube may be considered an article, and exempt from the HCS's requirements, per paragraph 1910.1200(b)(6)(v).