Response: Unfortunately, we are unable to allow the accommodation you have requested. Appendix C.2.3.1 to 29 CFR 1910.1200, Allocation of Label Elements (Mandatory), specifically states that pictograms shall be in the shape of a square set at a point and shall include a black hazard symbol on a white background with a red frame sufficiently wide to be clearly visible. This requirement applies equally to companies of all sizes to assure uniformity of label elements used on hazardous chemicals. Single-color pictograms are only allowed on safety data sheets and workplace (in-house) labelling. OSHA encourages you to look at all of your potential options when assessing your options in updating your labels such as tags, pull-out labels, or fold-back labels. Please note when tags are used, they must be affixed to the immediate container of the hazardous chemical in such a way that they do not become separated from the container.

The preamble of the 2012 Hazard Communication Federal Register (Volume 77, No. 58, March 26, 2012, pg. 17590) discusses the reasons for the red frame of the pictogram. The use of a red border pictogram on labels is effective in communicating hazards to employees in a non-verbal means. Studies showed that the color red will make warnings more noticeable, because red borders are generally perceived to reflect the greatest degree of hazard. A warning label with a notable color will more likely grab the attention of the user faster and produce quicker reaction time. Allowing only a red border creates a degree of consistency in warnings to all labels that will ensure workers are protected.

During the development of the HCS 2012, OSHA was required to determine if this standard was economically feasible. This is explained in Section VI of the preamble of the 2012 Hazard Communication Federal Register (Volume 77, No. 58, March 26, 2012, pgs. 17605-17683). The Regulatory Flexibility Act, as amended by the Small Business Regulatory Fairness Act (SBREFA), required OSHA to determine if the regulation had a significant impact on a substantial number of small entities. The preamble explains how it determined the significant impact on small entities as a whole and the benefits of a uniform labeling system.