Steven Charles Hunt President, ShipMate, Inc. from here to there: topics in transportation Dual Marking & Labeling: How Much is Too Much? The deadline for marking and labeling of products according to the U.S. Occupational Safety & Health Administration’s (OSHA) Globally Harmonized System for Classification & Labeling of Chemicals (GHS) Hazard Communication Standard (HazCom 2012) is not far off, GHS 02 but a number of companies have already begun the transition to the new standard. Unfortunately, there is some confusion as to whether GHS marking and labeling is required on transportation packaging or not. OSHA initially prohibited the use of both the U.S. Dept. of Transportation (DOT) Hazard Warning Labels and the GHS pictograms for the same hazard, but letters of interpretation issued by both agencies now permit the use of dual marking and labeling, but this leads to the inevitable question, “How Much is Too Much?” Shipped Containers OSHA defines, under the new Hazard Communication Standard (HCS), a “shipped container” as “...any container leaving the workplace.” Under the HCS, an employer is required to label a hazardous materials “immediate container,” but the standard does not require labels on the outside shipping containers. However, single packaging such as pails, drums, totes and cargo tanks would meet OSHAs definition of an “immediate container,” and should therefore be labeled in accordance with 29 CFR 1910.1200(f)(1), which requires the following: • Product Identifier • Signal Word • Pictogram • Hazard Statements • Precautionary Statements • Name, address, and telephone number of the chemical 24 Spray January 2014 manufacturer, importer or other responsible party Indeed, OSHA stated in an interpretation letter (Intercontinental Chemical Corp., 12/20/12), that “...DOT requires diamond-shaped labels for the transport of chemicals, including chemical drums, chemical totes, tanks or other containers and ... these containers will also be the hazardous chemical’s immediate container, and therefore, both a DOT and an HCS label are required and that .... each container of hazardous chemicals leaving the workplace must be labeled in a way that does not conflict with the requirements of the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.” So far, so good! Now, here comes the confusing part: Appendix C.2.3.3 of the Hazard Communication Standard 2012 (HCS 2012) states that “...where a pictogram required by the Dept. of Transportation under Title 49 of the Code of Federal Regulations appears on a shipped container, the pictogram specified in C.4 for the same hazard shall not appear.” This implies that the pictogram which is similar in design to the required hazard warning label (e.g., GHS02 and Flammable Liquid 3 label) should not be used. However, in the case of pictograms that have no corresponding DOT hazard warning label, such as the exclamation (GHS 07) and health hazard (GHS 08), these pictograms should appear, when appropriate. Interpretations Issued Since the HCS 2012 final rule was published, both OSHA and DOT have issued letters of interpretation that permit the use of both pictograms and DOT hazard warning labels on the package simultaneously. OSHA stated in its Dec. 20, 2012 Interpretation Letter to Intercontinental Chemical Corp., that “...DOT does
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