Manufacturers and Distributors who face a quandary over how to display required GHS based Hazard Communication (Hazcom) labeling on their small containers will find little to cheer about in a June 4, 2013 Letter of Interpretation recently made public by the Occupational Safety & Health Administration (OSHA).  In the missive, directed to the National Institute of Standards (NIST) in response to a late 2012 inquiry requesting relaxation of the strict labeling requirements, OSHA denied several of the options that NIST outlined in an effort to address the difficulty of placing a fully compliant label on so small a container (in this case, a 5 ml container was used as an example).  Under the new labeling standards, outlined in a final rule released in May of 2012, the familiar “HMIS” or “NFPA” style of hazard communication label so common in the United States is directed to be replaced with one conforming to the requirements of the Globally Harmonized System for the Classification and Labeling of Chemicals, more commonly known by its acronym, “GHS.”  Under the revised standard, labels on shipped containers must display the following information at a minimum:

1. Product Identifier (Name of Chemical)
2. Manufacturer (Responsible party) contact information
3. Pictogram(s) visually representing the hazard(s) of the chemical
4. A signal word stating the level of risk (“Danger” or “Warning”)
5. Hazard Statements
6. Precautionary Statements

Each of the above must be compliant with the rules set forth in the US 29 CFR 1910.1200 Hazard Communication Standard.   At present, the rule is in its transition phase; full compliance with the new labeling directive for shipped containers is set for June 1^st, 2015. Workplace-use only containers enjoy a slightly more relaxed standard for labeling, which the new Letter of Interpretation does not address. 

In its request, NIST outlined the difficulty of finding sufficient physical space on such a small container to place a legible label meeting the new standard.  NIST suggested several other options; a numbering system keyed to a document which would display the required information; exempting very small containers from the requirement in a fashion similar to the labeling exceptions granted by the US Department of Transportation for the transport in commerce of hazardous materials in very small quantities (commonly known, depending on exact quantity, as a “Limited,” “Excepted,” or “De Minimis” Quantity); a similar request centered around the European Classification, Labeling, and Packaging (CLP) rules; or labeling only the outer package in which the small containers arrived.  All of these options were denied by OSHA.  In its denial, OSHA suggested the possibility of affixing tags of one sort or another to each small container in order to provide each with the requisite information.

OSHA did provide one possible relief, though it is only partial and still presents its own difficulties.  They allowed that due to the small size of the containers, one might present the following information in lieu of a complete label:

1. Product Identifier (Name of Chemical)
2. Manufacturer name and phone number
3. Pictogram(s)
4. Signal Word (“Danger” or “Warning”)
5.  A statement “indicating the full label information for the chemical is provided on the outside package.”

The letter then goes on to specify that if one engages that relief, then one must continue to store the containers in the outside package, which must (obviously) bear a completely compliant label.  Given the verbiage still required is quite extensive, and imposes a strict storage requirement in and of itself, this represents only the most minimal accommodation.

There has been significant discussion in the Hazcom/EH&S community over how the situation regarding placing labels on containers of very small size would be accomplished.  Given the experience that NIST has undergone in reference to the subject, it appears that for now at least, OSHA expects full compliance and is determined to avoid relaxing the new labeling requirements in any meaningful way.

Labelmaster is a full service provider of goods and services for the Hazardous Materials and Dangerous Goods professional, shippers, transport operators, and EH&S providers. See our full line of solutions at www.labelmaster.com.  For more specific information on the GHS and products related to it, see www.labelmaster.com/GHS.