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OSHA Hazard Communication Letters of Interpretation
Container labeling requirements under the OSHA Hazard Communication Standard
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Immediate-container principle retained; no blanket outer-package exemption
This letter addresses the obsolete 1987 version of the Hazard Communication Standard (HCS). Its narrow conclusion remains useful: distinguish a transport overpack from the actual chemical container. However, the quoted statement that OSHA never requires outer-container labeling is too broad as current guidance.
Under the current HCS, use container definition, shipped-label elements, and DOT compatibility. Current small-container provisions include required information on immediate outer packaging in their specified situations. A package that actually contains the chemical is not exempt merely because it is a shipping container. The original historical directive is original CPL 2-2.38C (October 22, 1990). Current enforcement counterpart: current HCS inspection procedures.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
November 9, 1990
Mr. John W. Boyan
Acting Director
General Services Administration,
Region 9
Western Distribution Center
(9FS) Rough and Ready Island,
Building 414
Stockton, California 95203
Dear Mr. Boyan:
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Thank you for your letter of October 24, regarding interpretation of the Occupational Safety and Health Administration's (OSHA) container labeling requirements under the Hazard Communication Standard (HCS), 29 CFR 1910.1200(f) [ILPI: Original HCS 1987 context (PDF) · Current HCS].
Your letter presents the following interpretation which you received from Ms. Jennifer Miller of OSHA's Training Institute regarding this issue:
"[The Occupational Safety and Health Administration, does not regulate the outer shipping container of hazardous material. The hazard warning labeling requirement is only enforced and limited to the actual container holding the hazardous substance, i.e. bottle, tube, can, jar, etc.
There is no OSHA requirement for hazardous warning labels on the outer shipping container.]"
We concur with this interpretation but would like to stress that if the shipping container itself is the "actual container holding the hazardous substance" then it would have to be labeled in accordance with the requirements of the HCS. Further, section (f)(3) of the standard [ILPI: Original HCS 1987 context (PDF) · Current HCS; DOT compatibility now in (f)(5)(i)] requires that:
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). Read this as the described immediate-container/overpack distinction, not a universal outer-packaging exemption. Current small-container rules impose outer-package duties in specified cases; apply DOT-compatible labeling.]
"Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the hazardous Materials Transportation Act {U.S.C. 1801 et seq.} and regulations issued under the Act by the Department of Transportation."
If the shipping container is the actual container holding the hazardous chemical, it would have to be labeled in accordance with the HCS, but labeled in such a way that the "appropriate hazard warning" did not interfere with any DOT required shipping labels or container shipping information.
We hope this clarifies this issue for you. For your further reference, we are enclosing a copy of OSHA's recently revised compliance instruction, CPL 2-2.38C, "Inspection Procedures for the Hazard Communication Standard," (issued October 22, 1990) [ILPI note: Original: CPL 2-2.38C (October 22, 1990). Current enforcement counterpart: CPL 02-02-079.]. This document contains interpretative language and guidance on OSHA policies and procedures for compliance with the requirements of this performance-oriented standard. We hope this information is useful to you. Please feel free to contact us again if we can be of further assistance.
Sincerely,
Patricia K. Clark Director
Directorate of Compliance Programs
Enclosure
October 24, 1990
Patricia K. Clark, Director
Directorate of Compliance Programs
OSHA U.S. Department of Labor,
Room N3461
Office of Health Compliance Assistance
200 Constitution Avenue, NW
Washington, D.C. 20210
Dear Ms. Clark:
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This is to request your assistance in interpreting CFR 29 1910.1200 (f) [ILPI: Original HCS 1987 context (PDF) · Current HCS], Labels and Other Forms of Warning. Our Safety Officer has been in contact with your associates at the OSHA Technical Institute in Des Plains, Illinois. Ms. Jennifer Miller informed us that her interpretation of this regulation, after discussion with your office, is the following:
"[The Occupational Safety and Health Administration, does not regulate the outer shipping container of hazardous material. The hazard warning labeling requirement is only enforced and limited to the actual container holding the hazardous substance, i.e. bottle, tube, can, jar, etc. There is no OSHA requirement for hazardous warning labels on the outer shipping container.]"
If you concur and find this to be factual, please forward your interpretation in writing to this office. This supportive document will be of tremendous value in resolving General Services Administration contractual, procurement, and shipping discrepancies.
Your assistance in this matter will be greatly appreciated. If you need to discuss this matter in greater detail please contact our Safety Officer, Linda Richison at FTS 463-6346/6347 or Commercial (209) 946-6346/6347 (Fax 463-6214).
Sincerely,
John W. Boyan
Acting Director
Western Distribution Center (9FS)
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1990-11-09-0.