Hazard Communication Program

Oregon OSHA Online Course 205

This material is for training purposes only. Its purpose is to inform Oregon employers of best practices in occupational safety and health and general Oregon OSHA compliance requirements. This material is not a substitute for any provision of the Oregon Safety Employment Act or any standards issued by Oregon OSHA. For more information on this online course and other OR-OSHA online training, visit the Online Course Catalog.

MODULE THREE: CONTAINER LABELING

INTRODUCTION

Container labeling can be a very effective method to communicate the physical and health hazards of chemicals used in the workplace. The information on a container label will vary depending on what type of container it is and how it is used. We'll discuss the various labeling requirements in this module.

In-plant containers of hazardous chemicals must be labeled, tagged, or marked with the identity of the material and appropriate hazard warnings. Chemical manufacturers, importers, and distributors are required to ensure that every container of hazardous chemicals they ship is appropriately labeled with such information and with the name and address of the producer or other responsible party. Employers purchasing chemicals can rely on the labels provided by their suppliers. If the material is subsequently transferred by the employer from a labeled container to another container, the employer will have to label that container unless it is subject to the portable container exemption described below.

We'll take a look at the labeling requirements for each of the four types of containers referred to in the hazard communication standard:

• Primary (also called original containers)
• Secondary (also called unlabeled containers)
• Stationary containers
• Portable containers

Primary (Manufacturer) container labeling

Most containers you receive directly from the manufacturer or purchase from a distributor are called primary containers. The chemical manufacturer, importer, or distributor must ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with three elements of information: Identity of the hazardous chemical(s); Appropriate hazard warnings, including target organ effects of the hazardous chemical; and Name and address of the chemical manufacturer, importer, or other responsible party.

Labeling with the above information on these containers is usually adequate in communicating the hazards of the chemical.

The label is intended to be an immediate visual reminder of the hazards of a chemical. It is not necessary, however, that every hazard presented by a chemical be listed on the label. The Material Safety Data Sheet (MSDS) is used for this purpose. Manufacturers, importers, and distributors will have to assess the evidence regarding the product's hazards and must consider exposures under normal conditions of use or in foreseeable emergencies when evaluating what hazards are listed on the label. This is not to say that only acute hazards are to be listed on the label, or that well-substantiated hazards should be left off the label because they appear on the data sheet.

It's important to understand that the hazard warning must convey the particular physical and health hazards of the chemical, including target organ effects. Employees exposed to health hazards must be apprised of both changes in body functions and the signs and symptoms that may occur to signal those changes. Statements such as "Hazardous if Inhaled," "Caution," "Danger," are precautionary statements and are not to be considered appropriate hazard warnings. If, when inhaled, a chemical causes lung damage, then the appropriate warning is "lung damage," not inhalation.

A label may not be shipped separately, even prior to shipment of the hazardous chemical, since to do so defeats the purpose of providing an immediate hazard warning. Mailing labels directly to purchasers by-passes employees involved in transporting and handling the hazardous chemical.

Labeling solid materials

Remember, in an early module we said the hazardous chemicals under the HAZCOM program include solids. For solid metal (such as a steel beam or a metal casting), solid wood, or plastic items that are not exempted as articles due to their downstream use, or shipments of whole grain, the required label may be transmitted to the customer at the time of the initial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes.

The label may be transmitted with the initial shipment itself, or with the material safety data sheet that is to be provided prior to or at the time of the first shipment. This exception to requiring labels on every container of hazardous chemicals is only for the solid material itself, and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the material and to which employees handling the items in transit may be exposed (for example, cutting fluids or pesticides in grains). For example, treated lumber is covered since the lumber is not completely cured at the time of shipment and the hazardous chemical will, to a varying degree, offgas during shipment and be available for exposure to employees.

Secondary (Employer) container labeling

Most workplaces use the primary containers they purchase to store and use chemicals. However, they also use their own containers such as coffee pots, drums, plastic jugs, and spray bottles to store and use smaller quantities of chemicals they purchase. In this course, we use the term "secondary" container to distinguish it from the manufacturer's primary container. These containers may also be called employer containers.

Generally, your employer must make sure that each secondary container of hazardous chemicals in the workplace is labeled, tagged or marked with at least the following information:

• Identity of the hazardous chemical(s) contained therein; and,
• Appropriate hazard warnings, or words, pictures, and/or symbols which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information (an MSDS) will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.

The chemical identity may be common or trade name (“Black Magic Formula”), or a chemical name (1,1,1,-trichloroethane). The hazard warning is a brief statement of the hazardous effects of the chemical (“flammable,” “causes lung damage”). Labels frequently contain other information, such as precautionary measures (“do not use near open flame”), but this information is provided voluntarily and is not required by the rule. Labels must be legible, and prominently displayed. There are no specific requirements for size or color, or any specified text.

Alternative labeling methods Here's an example of an alternative labeling system designed by the National Fire Protection Association (NFPA) that uses color, numbers and other information to convey the hazards of the chemical. More information.

The hazard communication standard recognizes the use of alternative in-plant labeling systems such as the HMIS (Hazardous Materials Information System), NFPA, and others which may be used in industry. These systems rely on numerical and/or alphabetic codes to convey hazards and are generally non-specific. OSHA has permitted these types of in-plant labeling systems to be used when an employer's overall HCS program is proven to be effective despite the potential absence of target organ information on container labels. Under these circumstances, the employer should assure - through more intensified training - that its employees are fully aware of the hazards of the chemicals used. Additionally, employers must ensure that their training program instructs employees on how to use and understand the alternative labeling systems so that employees are aware of the effects (including target organ effects) of the hazardous chemicals to which they are potentially exposed. OR-OSHA inspectors will usually determine whether workers can recognize what hazards correspond to what code ratings/symbols. This can be achieved through employee interviews.

Employers using alternative labeling systems must ensure that their employees are aware of all information required to be conveyed under the HCS. OSHA will make a plant-specific determination of the effectiveness of the complete program when an inspection is conducted. Any employer who relies on one of these types of alternative labeling systems, instead of using labels containing complete health effects information will - in any enforcement action alleging the inadequacy of the labeling system - bear the burden of establishing that it has achieved a level of employee awareness which equals or exceeds that which would have been achieved if the employer had used labels containing complete health effects information.

The key to evaluating the effectiveness of any alternative labeling method is to determine whether employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings. The alternative labeling system must also be readily accessible to all employees in their work area throughout each work shift. For purposes of this provision, the term "other such written materials" does not include material safety data sheets used in lieu of labels.

Stationary process container labeling

Stationary process containers are...well...stationary! Storage tanks are good examples. The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required on secondary containers. The written materials must be readily accessible to the employees in their work area throughout each work shift.

Portable container labeling

Portable containers are used to transfer hazardous chemicals from labeled containers, and are intended only for the immediate use of the employee who performs the transfer. The employer is not required to label portable containers. For purposes of this section, drugs which are dispensed by a pharmacy to a health care provider for direct administration to a patient are exempted from labeling.

Other important labeling requirements

Labels are useless unless they accurately communicate the hazards of their associated chemicals. It's important to keep labels in good condition at all times. The employer must not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.

The employer must ensure that labels or other forms of warning are:

• legible, in English,
• prominently displayed on the container, or
• readily available in the work area throughout each work shift

Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

What compliance officers look for

During an Oregon OSHA inspection the compliance officer will be looking for the following types of information to ensure that labeling will be properly implemented in your facility:

• Designation of person(s) responsible for ensuring labeling of in-plant containers;
• Designation of person(s) responsible for ensuring labeling of any shipped containers;
• Description of labeling system(s) used
• Description of written alternatives to labeling of in-plant containers (if used); and,
• Procedures to review and update label information when necessary.

Well, there you have it....well most of it. Be sure to review the standard for more information all the labeling requirements. Now it's time to take the module quiz. If you can't answer a question, just scroll back up and review the related material.

MODULE Quiz

21. A container purchased from the manufacturer will be identified with this label:

a. Primary label
b. Secondary label
c. Stationary process label
d. Portable label

22. A primary label must include all of the following information, except:

a. appropriate hazard warning
b. manufacturer's phone number
c. name and address of manufacturer
d. identity of the chemical

23. The chemical identity on a label may be common or trade name, or a chemical name.

a. True
b. False

24. A container label may not be shipped separately, even prior to shipment of the hazardous chemical.

a. True
b. False

25. Look at the picture the left. What are the colors of the Primary, Secondary and Portable containers? a. blue, yellow, white b. yellow, blue white c. white, blue, yellow d. blue, white, yellow

26. Is this secondary label adequate? Why or why not?

27. Which label must include the name and address of the chemical manufacturer?

a. Primary container label
b. Secondary container label
c. Stationary process container label
d. Portable container label

28. Every hazard presented by a chemical must be listed on the secondary container label.

a. True
b. False

a. Flammable
b. Carcinogenic
c. Danger
d. Causes lung damage

30. OR-OSHA inspectors will usually determine whether workers can recognize what hazards correspond to label ratings/symbols through ___________:

a. employee interviews
b. observation
c. training records
d. employer records