Apr 23, 2015 - Intentionally blank pictograms not allowed in HCS 2012Apr 23, 2015 - Intentionally blank pictograms*hellips;
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Title: 04/23/2015 - Intentionally blank pictograms not allowed in HCS 2012
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
April 23, 2015
Ms. Jennifer C. Gibson
Vice President, Regulatory Affairs
National Association of Chemical Distributors
1560 Wilson Blvd, Suite 1100
Arlington, Virginia 22209
Dear Ms. Gibson:
Thank you for your November 14, 2014, letter to the Occupational Safety and Health Administration's (OSHA) Directorate of Standards and Guidance regarding the requirements of the OSHA's Hazard Communication standard, 29 CFR 1910.1200. Your letter was referred to OSHA's Directorate of Enforcement Programs for a response. A member of my staff subsequently contacted your point of contact, Ms. Theresa Forbes, Manager of Regulatory Affairs for the National Association of Chemical Distributors (NACD), to further discuss NACD's questions. This reply letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question not detailed in your original correspondence and subsequent discussions. After a summary of the background information you provided, your paraphrased questions and our replies are below.
However, NACD member companies understand that HCS 2012 does not allow the use of blank red frames on labels. In 29 CFR 1910.1200, Appendix C, Allocation of Label Elements (Mandatory), C.2.3.1 states, A square red frame set at a point without a hazard symbol is not a pictograms and is not permitted on the label. Therefore, for chemical products needing less than four pictograms, the unused frames on the label are currently being completely covered with large black diamonds, as suggested in OSHA's letter of interpretation to Mr. Gary Valasek, December 20, 2012.
When following this accommodation, NACD members are concerned that the black "cover-up" diamonds have the potential to cause their downstream customers to question whether the label has been defaced. Additionally, printing black diamonds over the pre-printed labels is difficult to print and to align properly, resulting in costs incurred because of discarded label stocks and other printing costs. NACD suggests an alternate labeling method to just print the words, "Intentionally Blank," or "No GHS Pictogram," over any unused red frame(s). This solution was proposed in informal document 7 (INF.7) at the 25th session of the UN Economic and Social Council's Sub-Committee of Experts on the GHS.1
Question 1: Does OSHA's Hazard Communication standard (HCS 2012) permit a chemical manufacturer, importer, or distributor to print multiple pictograms, each with an empty red frame on a white background and the phrase, "Intentionally Blank," or, "No GHS Pictogram," or other similarly-phrased text in black lettering inside the frame?
Reply: No, HCS 2012 does not allow the use of blank red frames on labels. OSHA also does not permit words (e.g., "Intentionally Blank" or "No GHS Pictogram") to indicate that the red frame has been intentionally left blank. As the HCS 2012 explained in 29 CFR 1910.1200, Appendix C, Allocation of Label Elements (Mandatory), C.2.3.1, A square red frame set at a point without a hazard symbol is not a pictogram and is not permitted on the label. As OSHA explained in the preamble to the final rule, blank red frames that are marked to indicate that they have been intentionally left blank contribute to clutter on the label and distract from the primary message. 77 Fed. Reg. at 17700.
Question 2: What are U.S. importers to do when receiving chemical products from other countries labeled with empty pictogram frames saying, "Intentionally Blank,"" or otherwise compliant with the UN/SCEGHS/25/INF.7?
Reply: U.S. manufacturers, importers, and responsible parties are required to classify the hazards of chemicals they produce or import and ensure that the chemicals' labels and safety data sheets comply with the HCS. 29 CFR 1910.1200(b)(1), (d), (f), (g). Specifically, paragraph (f) requires:
As explained above, Appendix C, C.2.3.1 prohibits the use of a square red frame without a hazard symbol. Therefore, if an importer receives a chemical that has a label with an empty pictogram, the importer may either prepare a new HCS 2012-compliant label or just blacken the empty pictogram frame, as explained in OSHA's letter of interpretation to Mr. Gary Valasek, December 20, 2012. Additionally, as stated in the reply to Question 1, labels with blank pictograms have not been approved by the UN/SCEGHS.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs