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January 2014 Spray 25 not view the HCS 2012 pictogram as a conflict with the requirements of the Hazardous Materials Transportation Act, and for some international trade, both the DOT and the HCS 2012 pictograms may need to be present on the label. Therefore, OSHA intends to revise C.2.3.3. In the meantime, OSHA will allow both DOT and HCS 2012 pictograms for the same hazard to appear on the label.” This interpretation vacates the prohibition against dual marking for the same hazard. DOT’s Letter of Interpretation of April 5, 2013 to Monsanto Co. states that the “...prohibition provided in 49 CFR § 172.502(a)(2) is intended to limit the potential for dilution of the hazard warning communication provided by the appropriate hazardous materials placards and...the GHS marks and labels provide additional hazard communication and are not extraneous markings; and the difference between the hazardous materials placards and GHS marks and labels is such that there is a low likelihood of confusion. Therefore, it is the position of this office PHMSA that the described display of the GHS marks and labels ... would not constitute a violation of 49 CFR § 172.502(a) (2).” A copy of these interpretations may be obtained by contacting the author or from the following URL’s: OSHA: http://www.shipmate.com/cbt/hcs/osha_ghs_ dot_letter.pdf DOT: http://www.shipmate.com/cbt/hcs/13-0038.pdf Package Type Not Addressed It is important to note, however, that DOT does specifically address the type of packaging in its response, leaving the issue of dual marking still open to interpretation on combination packaging, comprised of an inner packaging (“immediate container”) and an outer packaging. Although the type of packaging addressed in Monsanto’s petition for clarification is an International Maritime Organization (IMO) cargo tank, a single bulk packaging for DOT’s purposes, or an “immediate container” for the purposes of OSHA, the response makes no reference to the packaging type, thereby implying that dual marking provides additional hazard communication and would, therefore, not be “extraneous markings” on combination packaging. OSHA’s interpretation does refer to the marking on the hazardous chemical’s “immediate container,” thereby implying that dual marking would apply only on DOT single packaging such as pails, drums, totes and tanks. Although the DOT and OSHA now allow the GHS and DOT labels for the same hazard, these agencies are limited in jurisdiction to that of the U.S. only. It is possible for other regions, such as the European Union, to interpret the GHS standard differently and prohibit the redundant marking. In these cases, the use of dual or redundant marking may be too much, causing the shipment to be frustrated and unnecessarily delayed. Recommendations Until the subject of dual marking is sufficiently addressed in a subsequent rulemaking by OSHA and/or the GHS’ developers, I would recommend the following: Single Packaging 1. Apply the required GHS marks and pictograms on single packaging (e.g., pails, drums, totes, tanks), for different hazards, in addition to the marks, labels, placards, panels and other markings required by DOT. 2. Where the GHS hazard pictogram is the same as the DOT hazard warning label (e.g., GHS02, Flammable Liquid) there is no need to duplicate the marking. This recommendation is consistent with Annex 7 of the GHS standard. Even though OSHA and DOT allow both to be used, OSHA and DOT jurisdiction do not extend to other countries or regions (e.g., the European Union) where there may be a difference in interpretation. 3. Adjust the pictograms’ size to distinguish them from the required transport labels. The size of the non-transport pictograms should be proportional to the size of the text of the other label elements. This would generally be smaller than the transport-related pictograms, but such size adjustments should not affect the clarity or comprehensibility of the non-transport pictograms. Combination Packaging 1. Apply all of the required GHS marks and pictograms on the inner receptacles (e.g., aerosol cans, glass bottles, metal cans) in combination packaging, even though the outer packaging may have a transport label which is the same as the inner packaging. 2. The size of the GHS marks and pictograms should be proportional to the size of the other label elements and the size of the receptacle. It is important to note that other agencies (e.g., Consumer Product Safety Commission) have minimum font and warning label sizes that are proportional to the size of the inner packaging. 3. Apply only the required DOT marks and labels on the outer packaging, as described in Annex 7 of the GHS standard. Overpacks Containing Damaged Packages 1. Overpacks which contain damaged packaging (single or combination) should be marked as for single packaging (see Single Packaging above). SPRAY GHS 07 GHS 08


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