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Spray February 2016

February 2016 SPRAY 23 sistent with GHS Revisions 3, 5 and 6 with respect to flammable aerosols. An aerosol, by definition in the GHS and the international transportation regulations (IMDG Code, ICAO Technical Instructions, UN Orange Book, and European Road & Rail Agreements) is a gas which is used to expel a liquid, paste, powder or itself. Herein lies the rub. The DOT defines an aerosol as a gas that is used to expel a liquid, paste or powder (but not itself). Therefore, an 8-ounce duster or air horn, for example, would not be classified as an aerosol, but rather as a fully regulated hazardous material (assuming that it was not reclassified as a consumer commodity or limited quantity pursuant to the terms of a DOT Special Permit and/or Competent Authority Approval). With respect to the provisions for non-flammable aerosols, I would suggest following the bridging principles outlined in GHS Revisions 3, 5 and 6. With respect to the pictograms for flammable aerosols, flammable aerosols will not use the cylinder (GHS04) pictogram. Rather, the flame (GHS02) pictogram would be used in addition to any other appropriate pictograms that indicate the health hazards associated with the concentrate (e.g., GHS07 – irritating/sensitizing or GHS08 – aspiration). Here’s why… 1. The preamble to the OSHA Final Rule Federal Register Volume 77, Number 58 (Monday, March 26, 2012), Pages 17,574-17,896 clearly shows (e.g., p. 17,698) where OSHA contemplated that the “physical hazard” is a “chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water, emits flammable gas.” If you use both the classification for compressed (GHS04) and flammable (GHS02), that is two different physical hazards, not one. 2. OSHA further states in the preamble (p. 17,753) that it will “Incorporate the modified-HCS definition of flammable aerosols into the Flammable and Combustible Liquids standard, § 1910.106.” This is further evidence of its intent to separate compressed gases (which do not contain any other products) from aerosols which are mixtures of gas and liquids or solids in an aerosolized form. 3. OSHA goes on further (p. 17,661) in the preamble to state that it agrees with several commenters that aerosols should be treated similarly to flammable liquids. It states “OSHA agrees with these comments and has included the revised definition of ‘‘flammable aerosols’’ in the final rule. The revised definition in the Flammable liquids standard, § 1910.106, duplicates the flammable aerosols definition contained in Appendix B to § 1910.1200—Physical Hazard Criteria. For the purposes of § 1910.106(d), such aerosols are considered Category 1 flammable liquids. The GHS-modified definition and classification criteria for flammable aerosols can be found in Appendix B.3 of HCS.” OSHA makes no reference to be included in the classification criteria under B.5 (gases under pressure). This is important to note! 4. After careful deliberation, OSHA adopted these findings (p. 17,766) and modified § 1910.106 to state in (a)(13) that “Flammable aerosol shall mean a flammable aerosol as defined by Appendix B to § 1910.1200—Physical Hazard Criteria. For the purposes of paragraph (d) of this section, such aerosols are considered Category 1 flammable liquids.” It is important to note that flammable aerosols should be classified as flammable liquids, but rather, they will have the same pictogram (GHS02) and similar Hazard and Precautionary Statements as flammable liquids. 5. When adopting the criteria, in part, of GHS, Rev. 3, OSHA stated (p. 17,791) in Section A.0.5.1.6 – Aerosols, that: “For mixtures classified in accordance with A.1, A.2, A.3, A.4, A.8, or A.9 of this Appendix, an aerosol form of


Spray February 2016
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