ABSTRACT-1

DIRECTIVE NUMBER: CPL 02-02-079 EFFECTIVE DATE: July 9, 2015

SUBJECT: Inspection Procedures for the Hazard Communication Standard (HCS 2012)

ABSTRACT

Purpose: This Instruction establishes policies and procedures to ensure uniform 

enforcement of the Hazard Communication standard (HCS).

Scope: This Instruction applies OSHA-wide.

References: Hazard Communication, 29 CFR 1910.1200 [HCS 1994].

Hazard Communication, Final Rule, Federal Register, Vol. 77, No. 58, 

pgs 17574-17896, March 26, 2012 [HCS or HCS 2012].

OSHA Instruction, CPL-02-00-150, Field Operations Manual (FOM), 

April 22, 2011.

OSHA Instruction, CPL 02-00-124, Multi-Employer Citation Policy, 

December 10, 1999. 

OSHA Instruction, CPL 03-00-008, Combustible Dust National Emphasis 

Program, March 11, 2008.

Cancellations: OSHA Instruction, CPL 02-02-038, Inspection Procedures for the Hazard 

Communication Standard, March 20, 1998.

OSHA Instruction, CPL 02-02-039, Sample Material Safety Data Sheet, 

March 27, 1986.

OSHA Memorandum, Enforcement Guidance for the Hazard 

Communication Standard’s (HCS) June 1, 2015 Effective Date, February 

9, 2015.

OSHA Memorandum, Interim Enforcement Guidance for the Hazard 

Communication (HCS 2102) June 1, 2015 Effective Date, May 29, 2015.
ABSTRACT-2

State Plan Impact: Notice of intent and equivalency required. State Plans are expected to 

have enforcement policies and procedures in place which are at least as 

effective as those in this Instruction.

Action Offices: OSHA National, Regional and Area Offices, State Plan and State 

Consultation Offices.

Originating Office: Office of Health Enforcement

Contact: Directorate of Enforcement Programs

Office of Health Enforcement

200 Constitution Ave., NW, Room N-3119

Washington, DC 20210

(202) 693-2190

By and Under the Authority of

David Michaels, PhD, MPH

Assistant Secretary
ABSTRACT-3

Executive Summary

The Hazard Communication standard (HCS) has been revised to align with the United Nations 

Globally Harmonized System of Classification and Labelling of Chemicals (GHS Revision 3, 

2009). This includes updates to the requirements for labeling and for safety data sheets (SDSs). 

This Instruction is designed to provide guidance to compliance safety and health officers on how 

to enforce the revised Hazard Communication standard during its transition period and when 

fully implemented. 

Significant Changes

This Instruction outlines the changes in enforcement due to the release of the revised HCS

published in the Federal Register on March 26, 2012. The revised standard changes “hazard 

determination” to the specific requirements for hazard classification of chemicals, standardizes 

label elements for containers of hazardous chemicals, and specifies the format and required 

content for SDSs. This Instruction also covers how the revised standard is enforced during its 

transition period and after the standard is fully implemented. 

Chemicals must be evaluated in accordance with specific guidance outlined in Appendices A and 

B of the standard. The hazard classification will result in the specification of pictograms, signal 

word, hazard statements, and precautionary statements which must be included on the labels. 

Specifications for these label elements are provided in Appendix C of the standard. The SDSs 

will have a standardized 16-section format (see Appendix D of the standard) and includes the 

information from the hazard classification (e.g., hazard class, pictogram). 
i

Table of Contents

Contents Page

I. Purpose................................................................................................................................... 1

II. Scope...................................................................................................................................... 1

III. References.............................................................................................................................. 1

IV. Cancellations.......................................................................................................................... 2

V. Action Offices........................................................................................................................ 3

A. Responsible Office........................................................................................................ 3

B. Action Offices............................................................................................................... 3

C. Information Offices....................................................................................................... 3

VI. State Plan Impact. .................................................................................................................. 3

VII. Significant Changes............................................................................................................... 3

VIII. Background............................................................................................................................ 4

IX. Effective Dates and Transition Period. .................................................................................. 4

X. Inspection Guidelines............................................................................................................. 5

A. General Inspection Guidance........................................................................................ 5

B. Scope and Application, Paragraph (b). ......................................................................... 8

C. Definitions, Paragraph (c)........................................................................................... 14

D. Hazard Classification, Paragraph (d). ......................................................................... 24

E. Written Hazard Communication Program, Paragraph (e)........................................... 30

F. Labels and Other Forms of Warning, Paragraph (f). .................................................. 36

G. Safety Data Sheets (SDSs), Paragraph (g).................................................................. 55

H. Employee Information and Training, Paragraph (h)................................................... 70

I. Trade Secrets, Paragraph (i)........................................................................................ 76

J. Effective Dates............................................................................................................ 80

XI. Interface with Other OSHA Standards. ............................................................................... 83

A. Interactions.................................................................................................................. 83

B. Hazardous Waste Operations and Emergency Response (HAZWOPER), 29 CFR 

1910.120...................................................................................................................... 83

C. Access to Employee Exposure and Medical Records, 29 CFR 1910.1020. ............... 84
ii

D. Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR 1910.1450.

............................................................................................................................... 85

E. Other Health Standards............................................................................................... 86

F. Use of the HCS to Support a Violation of the General Duty Clause.......................... 86

G. Effective Dates............................................................................................................ 88

Appendix A. Table of Contents for Appendices A and B of the Hazard Communication Standard

Appendix B. Hazard Classification Evaluation Procedures

Appendix C. Evaluation of Carcinogenicity

Appendix D. Petroleum Streams

Appendix E. HCS Effective Dates

Appendix F. HCS Pictograms and Hazards

Appendix G. Referral Procedures and Sample Letter, Safety Data Sheet/Label Query

Appendix H. Guide for Reviewing Safety Data Sheet (SDS) Compliance

Appendix I. Other OSHA Standards Amended by HCS 2012

Appendix J. Other Standards to Consider When Citing Chemical Exposures with No PEL

Appendix K. Other Directives Changes due to HCS 2012
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I. Purpose. 

This Instruction establishes policies and procedures to ensure uniform enforcement of the

Hazard Communication standard (HCS). 

II. Scope. 

This Instruction applies OSHA-wide. 

III. References. 

A. Hazard Communication (HCS 1994), 29 CFR 1910.1200.

B. Hazard Communication, Final Rule, Federal Register, Vol. 77, No. 58, pgs

17574-17896, March 26, 2012.

C. OSHA Instruction, CPL-02-00-150, Field Operations Manual (FOM), April 22, 

2011.

D. OSHA Instruction, CPL 02-00-111, Citation Policy for Paperwork and Written 

Program Violations, November 27, 1995.

E. OSHA Instruction, CPL 02-00-124, Multi-Employer Citation Policy, December 

10, 1999.

F. OSHA Instruction, CPL 03-00-008, Combustible Dust National Emphasis 

Program, March 11, 2008.

G. OSHA Letter of Interpretation on Combustible Dust, 

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRE

TATIONS&p_id=28880

H. OSHA Instruction, CSP 01-01-018, State Standards, August 31, 1984.

I. United Nations Globally Harmonized System of Classification and Labelling of 

Chemicals (GHS), Revision 3, 2009.

J. International Agency for Research on Carcinogens (IARC) Monographs, 

http://monographs.iarc.fr. 

K. National Toxicology Program’s (NTP) Report on Carcinogens,

http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html, or most recent report. 
2

L. Centers for Disease Control and Prevention (CDC), Agency for Toxic Substances 

and Disease Registry (ATSDR), Toxicological Profiles.

http://www.atsdr.cdc.gov/toxprofiles/index.asp. 

M. American Conference of Governmental Industrial Hygienists (ACGIH),

Threshold Limit Values (TLVs

®

) and Biological Exposure Indices (BEIs

®

),

http://www.acgih.org. 

N. ACGIH Documentation of the Threshold Limit Values for Chemical Substances 

and Physical Agents & Biological Exposure Indices, http://www.acgih.org. 

O. National Institute for Occupational Safety and Health (NIOSH), Pocket Guide to 

Chemical Hazards, DHHS (NIOSH) Publication No. 2005-149, 

http://www.cdc.gov/niosh/npg/pgintrod.html.

P. U. S. Environmental Protection Agency, Pesticide Registration Notice 2012-1, 

Material Safety Data Sheets as Pesticide Labeling, 

http://www2.epa.gov/sites/production/files/2014-04/documents/pr2012-1.pdf.

Q. NIOSH, Registry of Toxic Effects of Chemical Substances (RTECS), 

http://www.cdc.gov/niosh/rtecs/default.html. 

R. NIOSH, International Chemical Safety Cards (ICSC) 

http://www.cdc.gov/niosh/ipcs/icstart.html. 

S. Hazardous Materials Identification System (HMIS), 

http://www.paint.org/programs/hmis.html, third edition.

T. National Fire Protection Association (NFPA) 654, Standard for the Prevention of 

Fire and Dust Explosions from the Manufacturing, Processing, and Handling of 

Combustible Particulate Solids, 2013 edition.

U. NFPA 704, Standard System for the Identification of the Hazards of Materials for 

Emergency Response, 2012 edition. 

V. European Agreement Concerning the International Carriage of Dangerous Goods 

by Road (ADR).

IV. Cancellations. 

A. OSHA Instruction, CPL 02-02-038, Inspection Procedures for the Hazard 

Communication Standard, March 20, 1998.

B. OSHA Instruction, CPL 02-02-039, Sample Material Safety Data Sheet, March 

27, 1986.
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C. OSHA Memorandum, Enforcement Guidance for the Hazard Communication 

Standard’s (HCS) June 1, 2015 Effective Date, February 9, 2015.

D. OSHA Memorandum, Interim Enforcement Guidance for the Hazard 

Communication (HCS 2102) June 1, 2015 Effective Date, May 29, 2015.

V. Action Offices. 

A. Responsible Office. 

Directorate of Enforcement Programs, Office of Health Enforcement. 

B. Action Offices. 

National, Regional and Area Offices, State Plan and State Consultation Offices. 

C. Information Offices. 

OSHA National Office.

VI. State Plan Impact.

This Instruction describes a Federal Program Change which establishes policies and 

procedures necessary for the enforcement of HCS. State Plans are required to establish 

enforcement policies and procedures which are at least as effective as those in this 

Instruction. State Plans have the option of adopting identical or different, but at least as 

effective, enforcement policies as those contained in this Instruction. 

Within 60 days of the date of issuance of this Directive, State Plans must submit a notice 

of intent indicating if the State Plan will adopt or already has in place inspection 

procedures that are identical to or different from the federal program. State adoption, 

either identically or different, should be accomplished within 6 months. If adopting 

identically, the State Plan must provide the date of adoption to OSHA, due within 60 days 

of adoption. If the State Plan adopts or maintains inspection procedures that differ from 

the federal program, the State Plan must either post its different policies on its State Plan 

website and provide a link to OSHA, or provide OSHA with an electronic copy and the 

name and contact information of someone within the State Plan who can assist the public 

with obtaining a copy. This action must occur within 60 days of the date of adoption. 

OSHA will post summary information of the State Plan responses to this Instruction on 

its website.

VII. Significant Changes

This Instruction outlines the changes in enforcement due to the release of the revised 

HCS published in the Federal Register on March 26, 2012. The revised standard changes 

“hazard determination” to the specific requirements for hazard classification of 

chemicals, standardizes label elements for containers of hazardous chemicals, and 

specifies the format and required content for SDSs. This Instruction also covers how the 
4

revised standard is enforced during its transition period and after the standard is fully 

implemented.

Chemicals must be evaluated in accordance with specific guidance outlined in 

Appendices A and B of the standard. The hazard classification will result in the 

specification of pictograms, signal word, hazard statements, and precautionary statements 

which must be included on the labels. Specifications for these label elements are 

provided in Appendix C of the standard. The SDSs will have a standardized 16-section 

format (see Appendix D of the standard) and includes the information from the hazard 

classification (e.g., hazard class, pictogram). 

VIII. Background.

OSHA originally published the HCS in 1983 which covered manufacturing sectors only. 

Due to court rulings, the scope of the HCS was expanded on August 24, 1987, to cover 

all industry sectors. On February 9, 1994, OSHA published the final rule (59 Fed. Reg. 

6126); included were minor changes and technical amendments to clarify the standard’s 

requirements.

An update to the HCS, to align it with the United Nations (UN) Globally Harmonized 

System of Classification and Labelling of Chemicals (GHS Revision 3, 2009), was 

published in the Federal Register on March 26, 2012 (hereinafter known as HCS 2012). 

The update includes new hazard classification requirements, changes in labeling 

requirements, and a standard format for SDSs. HCS 2012 has also helped to align OSHA 

with the U.S. Department of Transportation (DOT) labeling requirements. 

OSHA's position is that state standards can be enforced only under the auspices of an 

OSHA-approved State plan. Community right-to-know laws are outside the jurisdiction 

of OSHA and are not affected by this position. Inquiries regarding preemption that 

require in-depth knowledge of this subject shall be referred through the Directorate of 

Enforcement Programs to the Directorate of Cooperative and State Programs for 

response. The Agency's position regarding state standards has been described in OSHA 

Instruction CSP 01-01-018, State Standards. This should be consulted when answering 

questions regarding State standards.

IX. Effective Dates and Transition Period.

Employee training must have been completed on the revised label elements and SDSs by 

December 1, 2013.

Chemical manufacturers, importers and distributors must be in compliance with the SDS

requirements by June 1, 2015. Manufacturers and importers must comply with the 

labeling provisions by June 1, 2015. Distributors will have until December 1, 2015, to 

comply with the labeling provisions unless they are relabeling the materials and/or 

creating SDSs. If distributors are relabeling and/or creating SDSs they must be in 
5

compliance with the labeling and SDS provisions by June 1, 2015. 

[Note: All manufacturers, importers, distributors and employers must be in full 

compliance with HCS 2012 no later than June 1, 2015, except where noted in 

1910.1200(j)(2). Where a manufacturer, importer, or distributor have exercised 

“reasonable diligence” and “good faith” to obtain HCS 2012-compliant SDSs from 

upstream suppliers but have not received them, they will be allowed limited continued

use of HCS 1994-compliant MSDSs and labels. See Section X.F.2.h of this Instruction 

for further detail.

Employers must update their written hazard communication program, any alternative 

workplace labeling, and provide additional employee training for newly- identified 

physical or health hazards no later than June 1, 2016.

If a section of the HCS was updated and does not fall into any of the designated effective 

dates (e.g., a definition change), the change was effective as of May 25, 2012, and 

manufacturers, importers, distributors and employers must comply with the revised 

section. 

During the transition period before the effective dates, manufacturers, importers, 

distributors and employers may be in compliance with the HCS as amended in 1994 

(hereinafter, HCS 1994), the HCS 2012, or both. Also during the transition period, when 

a violation exists either under HCS 1994 or HCS 2012, citations will be issued for both 

standards. See also Section X.J of this Instruction for further inspection and citation 

guidance related to the HCS 2012 effective dates. 

The specific standard sections outlined in this directive are from HCS 2012. The 

procedures followed to determine if a violation is occurring are the same unless otherwise 

specified. A CSHO citing under HCS 1994 will have to look up the specific section of 

HCS 1994 to cite. HCS 1994 can be found at 

www.osha.gov/dsg/hazcom/hazcom_1994.html. 

X. Inspection Guidelines.

The following guidelines apply to all inspections conducted to determine compliance with 

the HCS: 

A. General Inspection Guidance.

1. Compliance with the GHS.

HCS 2012 is based on the GHS Revision 3 (2009). Some manufacturers, 

importers, distributors, or employers may want to comply with more 

recent or future versions of GHS issued by the UN, such as Revision 4. 

However, using Rev 4 or a more recent version may result in non-
6

compliance with HCS 2012 if it contradicts or cast doubt on OSHA 

required information. 

A specific example of a major difference between Revision 3 and 

Revision 4 concerns aerosols. 

 GHS Revision 4 changed flammable aerosols to aerosols. 

Revision 4 also introduced a new hazard category for aerosols: 

Category 3 (nonflammable). Aerosols in Category 3 do not require 

a pictogram and are exempt from classification as a gas under 

pressure. HCS 2012 does not include Category 3 Aerosols, so if an 

aerosol meets the criteria for a gas under pressure, it would require 

appropriate label elements including the gas under pressure 

pictogram. 

 In this situation, a serious citation is appropriate for a Category 3 

Aerosol whose label and SDS section 2 statements are in 

accordance with GHS Revision 4 (i.e., missing pictogram and 

being exempt from classification as gas under pressure). 

An example of a minor change that would not result in a citation would be 

regarding the precautionary statement for Flammable Aerosols. HCS 

2012 uses “Pressurized container: do not pierce or burn, even after use,” 

and GHS Revision 4 states “do not pierce or burn, even after use.” No 

citation should be issued for using the GHS Rev 4 revised precautionary 

statement. 

(Note: The GHS webpage can be found at 

http://www.unece.org/trans/danger/danger.html. The different versions of 

the GHS can be found by using the “GHS” link, then click on “GHS

official text and corrigenda”). 

 If companies are in compliance with the minimum requirements of 

HCS 2012, then no citations shall be issued; if not, then citations 

may be issued as appropriate. 

 If a CSHO observes a label or SDS where the precautionary 

statement(s), hazard statement(s), etc., appears different from the 

requirements of HCS 2012, the CSHO shall determine if the 

information contradicts or casts doubt on OSHA required 

information. 

Precautionary statements(s), hazard statement(s) that are 

incorporated from the GHS must be changed to mandatory 
7

language, e.g., “should” changed to “shall.” It is not compliant to 

have non-mandatory statements on the label. 

2. Citation Guidelines.

a. For all violations, the CSHO shall document the chemical name 

(and hazardous ingredients) or Chemical Abstract Service (CAS) 

number, the frequency and duration of use, the number of 

employees who may be exposed, and the health and physical 

hazards. 

b. The CSHO should include photos or video of the chemicals in 

question and copies of inadequate SDSs. 

c. During the transition period, when a violation exists either under 

HCS 1994 or HCS 2012, citations to manufacturers or importers 

will be issued for both standards. Section X.J of this Instruction 

provides guidance on the implementation dates for each type of 

business-- manufacturer, importer, distributor and employer. 

General guidance is provided below.

After the appropriate effective date, citations shall be issued only 

under HCS 2012. 

d. Repeat violations and failure to abate (FTA) violations may still be 

issued under HCS 2012 following the citation guidance in CPL-02-

00-150, Field Operations Manual (FOM), Chapter 4. 

If a CSHO is citing a repeat or a failure to abate (FTA) violation 

based on a citation originally issued under HCS 1994, and the 

citation under the new inspection is issued under HCS 2012, there 

is a possibility that the cited paragraphs will be different. In that 

case the CSHO must clearly explain why the paragraphs are 

different; see examples below:

 Under HCS 1994, existing labels that have been removed or 

defaced and not immediately marked with the required information 

would be a violation of 29 CFR 1910.1200(f)(8).

 Under HCS 2012, existing labels that have been removed or 

defaced and not immediately marked with the required information 

would be a violation of 29 CFR 1910.1200(f)(9). 
8

e. State Plan preemption

 Section 18 of the OSH Act prevents State Plans from requiring 

manufacturers or importers located outside of their state to have 

different information on their labels or SDSs than what is required 

by the federal HCS. 

 However, a State Plan can have stricter requirements that it 

enforces on companies in that state so long as it does not unduly 

burden interstate commerce. Therefore, a State Plan could require 

more information on the labels and SDSs, but could not enforce its

requirement on companies outside of the state. 

 Before a State Plan may enforce any stricter requirements, OSHA 

must approve of them as a part of the state plan, in accordance with 

section 18 of the OSH Act.

B. Scope and Application, Paragraph (b).

The HCS applies to any hazardous chemical present in the workplace in a manner 

that employees may be exposed under normal conditions of use and foreseeable 

emergencies. The manufacturer or importer must provide the information 

required by the standard on any hazardous chemicals which they manufacture or 

import. This information must cover the normal conditions of use and foreseeable 

emergencies of the product. A manufacturer or importer is out of compliance if it

does not provide hazard information on a known use, or should have reasonably 

been expected to know may occur, even if it is not the intended use under normal 

conditions of use or foreseeable emergency. For example, a product forms a 

combustible dust when ground into a powder, and the manufacturer knows this, 

but the manufacturer intends its product to be melted, not ground, and it perceives

that there is no hazard from combustible dust if used as intended. However, the 

manufacturer must still warn downstream users of the known potential hazards 

from combustible dust. 

Paragraph (b)(2). All hazardous chemicals, to which employees may be exposed 

under normal conditions of use or in foreseeable emergencies, are covered under 

the standard. Normal use does not include incidental exposure. Employees such 

as office workers or bank tellers who encounter chemicals only in "non-routine," 

isolated instances are not covered. However, an employee in a graphic arts 

department who "routinely" uses paints, adhesives, etc., would be covered by the 

HCS. 

By-products are covered by the HCS. A manufacturer's or importer's hazard 

determination or hazard classification must anticipate the full range of 

downstream uses of their products and account for any hazardous by-products 
9

which may be formed. For example, a manufacturer of gasoline must inform 

downstream users of the hazards of carbon monoxide, since carbon monoxide is a 

hazardous chemical and is "known to be present" as a by-product resulting from 

the use of gasoline. Similarly, manufacturers of diesel fuel must inform 

downstream users of the potential human carcinogenicity of diesel exhaust on the 

SDSs for diesel fuel.

“Known to be present” is an important part of the HCS; it includes chemicals to 

which employees may be exposed during normal operations or in a foreseeable 

emergency. Therefore, even though an employer was not responsible for the 

manufacture of the hazardous chemical, the employer has the responsibility for 

conveying information about the hazards to its employees. For example, the 

standard applies in the following situations: if an employer is aware that his/her 

employees are exposed to chemicals brought onto a multi-employer worksite by 

other employer(s) or if service personnel are exposed to natural gas during 

furnace repair. An employer whose employees are exposed to chemicals "known 

to be present" must include in their hazard communication program information 

concerning the hazards of those chemicals.

1. Items that are covered by HCS include (this is not an exhaustive list):

a. Bricks;

b. Metal ingots;

c. Wood products where the hazard is not just combustion (e.g., 

wood that is cut is covered since the sawdust created during the cut

creates a respiratory hazard);

d. Hazardous drugs not in final form or a solid (e.g., drugs that are 

crushed or dissolved prior to administration);

e. Combustible dusts;

f. Simple asphyxiants;

g. Welding rods/wire;

h. Acid batteries;

i. Consumer products not used in the quantities and the manner that a 

consumer would use them; and 

j. Oil and gas products; the producers are considered manufacturers 

under the HCS.
10

2. Exemption Guidelines. 

a. OSHA does not consider either radiation hazards or biological 

hazards to be covered by the HCS. If, however, the radiological or 

biological agent is accompanied by an otherwise covered 

hazardous chemical, (e.g., a container with a biological sample 

packed in an organic solvent), then the container would be subject 

to the requirements of the HCS for the hazardous chemical only.

b. Paragraph (b)(3) deals with coverage of laboratories by the HCS, 

for laboratories not covered under 29 CFR 1910.1450, 

Occupational Exposure to Hazardous Chemicals in Laboratories. 

Most quality control and production laboratories do not meet the 

definition of a laboratory under 29 CFR 1910.1450 and are 

subsequently covered by the (b)(3) provisions of 29 CFR 

1910.1200. See Section XI.D. for more information concerning 

the interface between the Laboratory standard and the Hazard 

Communication standard. The only HCS requirements for 

laboratories that do not ship chemicals are in paragraph (b)(3):

 Maintenance of labels on incoming containers, (b)(3)(i);

 Maintenance of SDSs, (b)(3)(ii);

 Training, (b)(3)(iii); and,

 If the laboratory ships chemicals they must meet the label and SDS 

requirements in (f) and (g) of the standard. 

c. Paragraph (b)(4) covers the exemptions for work operations where 

employees only handle chemicals in sealed containers which are

not opened under normal conditions of use (such as those found in 

marine cargo handling, warehousing, and retail sales). 

 Since all containers are subject to leakage and breakage, 

employees who work in operations where they handle only sealed 

containers (such as warehousing) are potentially exposed to 

hazardous chemicals, and, therefore, need access to information as 

well as training. This training is dependent upon the type of 

chemicals involved and must cover the potential size of any spills 

or leaks, the type of work performed and what actions employees 

are expected to take when a spill or leak occurs. 
11

 Employers are required to obtain an SDS for any chemical in a 

sealed container if an employee requests one, and to maintain and 

make available to employees all SDSs received. 

 Employers must ensure that labels on incoming containers of 

hazardous chemicals are not removed or defaced.

d. The (b)(5) labeling exemptions only apply to chemicals which are 

subject to the labeling requirements of certain other federal 

agencies (e.g., cosmetics for personal use covered by the U.S. 

Food and Drug Administration (FDA).

Paragraph (b)(5)(i) covers the labeling of pesticides as defined in 

the U.S. Environmental Protection Agency’s Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA). Because EPA exercises 

statutory authority over pesticides subject to FIFRA, OSHA is 

preempted from enforcing the labeling requirements of HCS, and 

also for worker training for certified applicators and agricultural 

workers. However, OSHA does cover all other workers such as 

those manufacturing pesticides. In addition, OSHA is not 

preempted under FIFRA from enforcing the requirement for SDSs, 

which applies to pesticide applicators as well as manufacturers of 

pesticides. EPA has issued guidance covering SDS and labeling 

requirements. See EPA Pesticide Registration Notice 2012-1 titled

Material Safety Data Sheets as Pesticide Labeling at 

http://www2.epa.gov/sites/production/files/2014-

04/documents/pr2012-1.pdf.

Farm workers who may be exposed to pesticides not in the fields 

and those farm workers exposed to hazardous chemicals other than 

pesticides continue to be covered by the provisions of the HCS.

e. Paragraph (b)(6) covers items which have a complete exemption 

from all requirements of the HCS. It must not be confused with 

the labeling exemptions at (b)(5). The items covered by (b)(6) 

include: 

 Paragraph (b)(6)(i) and (b)(6)(ii), covers exemption of hazardous 

waste and hazardous substances when subject to regulations issued 

under the EPA, such as the Resource Conservation and Recovery 

Act (RCRA, and the Comprehensive Environmental Response, 

Compensation and Liability Act (CERCLA); 

Note: Chemicals which are used by employees at a hazardous 

waste site that are not hazardous waste are covered under the HCS. 
12

An example would be an acid brought on site by the employer to 

neutralize a waste product.

 Paragraph (b)(6)(iii)-(b)(6)(xii) covers other exemptions. See the 

HCS standard for specifics. 

3. Citation Guidelines. 

a. Citations shall not be issued under the scope and application 

paragraphs. Citations shall be issued under the applicable 

paragraph of the regulation, e.g., labeling. Follow the guidelines 

outlined in each section of this directive. 

b. For both the article exemption (paragraph (b)(6)(v)) and items not 

meeting the consumer product exemption (paragraph (b)(6)(ix)),

the specific hazardous chemical in the product/item must be 

described in the citation. Where available, include a copy of the 

cited product’s SDS in the case file. 

c. In instances where manufactured items which under normal 

conditions of use may release hazardous chemicals, CSHOs must 

document in the case file information showing why the item is not 

exempted as an article. Air sampling is not required to document 

worker exposure. This information should include at a minimum 

the following:

 What is the hazardous chemical in the item to which employees 

were exposed? 

 Was this item included in the employer's hazardous chemical 

inventory? 

 What were the activities/operations that resulted in employee 

exposure to the hazardous chemical(s)? 

 Did the release of the covered chemical(s) pose any potential 

physical hazard or health risk to the employees?

d. 1910.1200(b)(6)(ix) covers the exemption for consumer products. 

See X.C.6 of this Instruction for the definition of a consumer

product. 

 It is the Agency's policy not to issue citations for consumer 

products unless the CSHO can document that the product was used 

in the workplace in a manner not intended by the manufacturer or 
13

the frequency and duration of use results in exposures that are 

significantly greater than those experienced by a normal consumer. 

Citations may only be issued in cases where the CSHO can 

document that the use falls outside of the (b)(6)(ix) exemption. 

To ensure that citations of the HCS for consumer products are 

adequately documented, the following elements must be included 

in the case file: 

 What information established the chemical as a consumer product? 

For instance, was the container label subject to the Consumer 

Product Safety Act provisions? (The term "consumer product" 

means any article, or component part thereof, produced or 

distributed (i) for sale to a consumer for use in or around a 

permanent or temporary household or residence, a school, in 

recreation, or otherwise, or (ii) for the personal use, consumption 

or enjoyment of a consumer in or around a permanent or temporary 

household or residence, a school, in recreation, or otherwise...(15 

U.S.C.A. 2052)) 

 What is/are the hazardous chemical(s) present in the product to 

which employees were exposed? What is/are the concentration(s) 

of the hazardous chemical(s) present? Was the product included in 

the employer's hazardous chemical inventory? 

 What is the duration of use of the product, i.e., for what period of 

time did the employees use the chemical during the workshift and 

workweek? Did it greatly exceed normal or expected use by a 

consumer? 

 Was the frequency of employee use significantly greater than that 

of a normal consumer?

 A product would not be covered by HCS if a worker chooses to 

clean their personal work space with a product that is meant for 

cleaning purposes. 

 Employers would be required to comply with HCS if a 

worker's job duty includes custodial work such as cleaning 

desks, offices, and bathrooms

 How was the product used and in what amounts? Was the product 

used in the workplace for the purpose intended by the 

manufacturer? 
14

 When available, include in the file the (M)SDS for the cited 

product to aid in determining coverage and intended use(s).

 A product may be labeled according to the consumer product 

exemption in subparagraph (b)(5)(v), but the usage may be covered 

by the HCS. 

 In the case of mixtures, the concentration of the hazardous 

chemical must also be noted. For example, a citation must not 

simply state that a specific brand of "glue" or "dishwashing liquid" 

was the hazardous consumer product, or that a "brick" was the 

hazardous chemical in a manufactured item. The citation must 

state the name of the hazardous chemical (e.g., methyl ethyl 

ketone, sodium hydroxide, silica) and the concentration of the 

chemical in the mixture (e.g., 50% silica). 

 The above instruction regarding consumer products cancels and 

supersedes the Agency's March 21, 1995, compliance instruction 

to OSHA Regional Administrators entitled, "HCS: Documentation 

of Citations Related to the Exposure to Hazardous Substances and 

Consumer Products." This document is included as Appendix A of 

OSHA Instruction CPL 02-00-111.

C. Definitions, Paragraph (c).

This paragraph of the standard is not citable. Many new definitions have been 

added to the standard to reflect GHS criteria and other definitions have been 

changed or removed, (e.g., hazard determination is now hazard classification). 

Specific definitions are outlined herein for clarification and to aid in the 

interpretation and application of the standard. Definitions that are in italics are 

carried over from the HCS 1994 standard; definitions that are in bold are from the 

HCS 2012 standard, the appendices, or this Instruction. Where questions have 

arisen concerning what OSHA means by particular language, additional 

definitions have been provided herein for clarification. 

1. Article means a manufactured item other than a fluid or particle: (i) which 

is formed to a specific shape or design during manufacture; (ii) which has 

end-use function(s) dependent in whole or in part upon its shape or design 

during end-use; and (iii) which under normal conditions of use does not 

release more than very small quantities, e.g., minute or trace amounts of a 

hazardous chemical (as determined under paragraph (d) of the HCS), and 

does not pose a physical hazard or health risk to employees. Examples of 

articles are stainless steel tables, vinyl upholstery, tires, and adhesive tape. 
15

a. Articles do not include items which may release hazardous 

chemicals when used. This includes such things as drugs that will 

be crushed prior to administration, wood products that will be cut,

drilled or sawed, gaskets that when deteriorated or replaced may

release asbestos, metal ingots that will be melted, mercury 

switches that may break in use or during maintenance operations, 

bricks that are cut, and coated materials that are welded, cut, or 

ground, etc.

b. Exposures that may occur during the destruction of the product do 

not change the classification of the product as an article, as long as 

only a trace amount of the hazardous chemical is released. 

c. In evaluating an article, one must consider the health risk which 

exposure to that article presents. The term “risk” as opposed to 

“hazard” is used here, since the hazard is an inherent property of 

the chemical and exists no matter the quantity of exposure. To be 

exempted as an article, exposure must not pose a risk to employee 

health.

2. Bridging principles are methods used for classifying the hazards of 

mixtures that have not been tested to determine their toxicity by 

comparison to similar mixtures that have been tested. Each hazard class 

specifies which bridging principles are applicable for that class. This 

determination is based on data for the individual ingredients and/or similar 

tested mixtures. See Appendix A of the standard for additional

information. 

3. Chemical means any substance, or mixture of substances. The standard's 

definition of "chemical" is much broader than that which is commonly 

used. Thus, steel coils which are cut and processed, castings which are 

subsequently ground or welded upon, bricks that are dry sawed or drilled, 

carbide blades which are sharpened, are all examples of products that

contain chemicals, which, if available for exposure, are covered by the 

HCS. 

4. Classification means to identify the relevant data regarding the hazards of 

a chemical; review those data to ascertain the hazards associated with the 

chemical; and decide whether the chemical will be classified as hazardous 

according to the definition of hazardous chemical in the standard. In 

addition, classification for health and physical hazards includes the 

determination of the degree of hazard, where appropriate, by comparing 

the data with the criteria for health and physical hazards.
16

5. Combustible dust is not defined in the HCS. The definition for 

combustible dust that OSHA uses is in CPL 03-00-008, Combustible Dust 

National Emphasis Program: a combustible particulate solid that presents 

a fire or deflagration hazard when suspended in air or some other 

oxidizing medium over a range of concentrations, regardless of particle 

size or shape.

Additional guidance on the definition for Combustible Dust may be found 

at

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INT

ERPRETATIONS&p_id=28880 and 

http://www.osha.gov/Publications/OSHA_3674.pdf.

HCS Appendix C, C.4.30, footnote 2, states that where chemicals are not 

shipped in a dust form but may be used under normal conditions of use by 

a downstream user in such a way as to create a combustible dust hazard, 

the responsible party must provide labels. If the material meets the solid 

material exemption or the only hazard is combustible dust, the responsible 

party may provide labels in accordance with 1910.1200(f)(4) or may 

provide labels in accordance with 1910.1200(f)(1) if they so choose. This 

would apply to combustible dust in both solid and liquid forms. 

6. Consumer product. Paragraphs 1910.1200(b)(5)(v) and (b)(6)(ix) of the 

HCS provide certain limited exemptions for “consumer products” as 

defined in the Consumer Product Safety Act (CPSA) and “hazardous 

substances” as defined in the Federal Hazardous Substance Act (FHSA) 

when subject to labeling requirements under those statutes. 

OSHA looks to the Consumer Product Safety Commission law in 

determining whether a hazardous chemical falls within these limited 

exemptions. Area Offices should consult with their regional office and 

RSOL for interpretative assistance whenever needed. The following are 

general guidelines for applying these exemptions.

In general, a “consumer product” under the CPSA is one that:

a. Is for sale to a consumer for use in or around a permanent or 

temporary household or residence, a school, in recreation, or 

otherwise; or 

b. Is for the personal use, consumption or enjoyment of a consumer in 

or around a permanent or temporary household or residence, a 

school, in recreation, or otherwise. (15 U.S.C. 2052(a)).
17

“Hazardous substance,” as defined under the FHSA overlaps significantly 

with the HCS definition of hazardous chemical. In general, a FHSA 

hazardous substance is one that:

Any substance or mixture of substances which (i) is toxic, (ii) is 

corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is 

flammable or combustible, or (vi) generates pressure through 

decomposition, heat, or other means, if such substances or mixture 

of substances may cause substantial personal injury or substantial 

illness during or as a proximate result of any customary or 

reasonably foreseeable handling or use, including reasonably 

foreseeable ingestion by children. (15 U.S.C. 1261(f)(1)(A)).

However, the key to applying the limited exemptions in 

1910.1200(b)(5)(v) and (b)(6)(ix) for a FHSA hazardous substance is to 

initially determine whether FHSA labeling requirements apply. In 

general, this occurs when the hazardous substance is “intended, or 

packaged in a form suitable, for use in the household or by children.” (15 

USC 1261(p).

The label for a consumer product may be exempt from the HCS labeling 

requirements, although the use may be covered if it is used in a manner 

not intended by the manufacturer or the frequency and duration of use 

results in exposures that are significantly greater than those experienced 

by a normal consumer. See X.B.4.d of this instruction. 

7. Container means any bag, barrel, bottle, box, can, cylinder, drum, reaction 

vessel, storage tank, or the like that contains a hazardous chemical. For 

purposes of the HCS, pipes or piping systems, engines, fuel tanks, or other 

operating systems in a vehicle, are not considered to be containers.

a. In the case of fuel, the fuel producer still has an obligation to 

assess the hazards associated with the fuels, including their byproducts.

Fuel tanks or other operating systems in a vehicle do not need to be 

labeled in accordance with this standard as they are not considered 

containers. 

 For example, liquid propane (LP) cylinders that serve as the source 

of fuel used to operate lift trucks, would not have to be labeled 

once the fuel tank is installed. Even though containers of fuel such 

as gasoline and LP clearly are within the scope of the HCS, no 

requirement exists to label those containers operating the lift truck.
18

 The spare LP cylinder(s) in storage must be labeled since they are 

containers. 

b. Bricks that are palletized and bound by metal bands are considered 

to be containers that are to be labeled.

c. Gas cylinders (e.g., oxygen, nitrogen, acetylene) are considered 

containers under HCS. 

8. Distributor means a business, other than a chemical manufacturer or 

importer, which supplies hazardous chemicals to manufacturers, other 

distributors, or to employers. 

a. A company that repackages, blends, mixes, or otherwise changes 

the composition of a chemical is considered a chemical 

manufacturer under the HCS.

 Employees in these operations are considered to use hazardous 

chemicals.

 Under these conditions, the distributor will not be able to claim the 

sealed container provision in paragraph (b)(4) and will need to 

meet all applicable provisions of the HCS for manufacturers.

b. Paragraph (g)(7) distinguishes between a "distributor" and a "retail 

distributor." This distinction has been made to recognize that retail 

establishments primarily deal with the general public. Retail 

distributors that sell to both employers and the general public only 

need to provide an SDS (or MSDS) upon request. Wholesaler 

distributors that sell to employers over-the-counter must provide a 

SDS to such employers upon request, and shall post a sign or 

otherwise inform them that a SDS is available.

c. Scrap dealers are generally considered distributors and, to the 

extent that their products are not articles, they would NOT be 

exempt from the HCS. 

 If the company (supplier) providing the goods to the scrap dealer is

furnishing articles which the supplier did not manufacture (such as 

a broken refrigerator), the supplier is not required to provide a 

label or SDS. 

 However, if a supplier sent a product that contained hazardous 

chemicals, as would be the case if a company scraps pipes 

containing a hazardous chemical or its residue, that could be 
19

released in more than small or trace quantities, present a physical 

hazard, or present a health risk, then the item is not an article. The 

supplier must provide a label and SDSs to the scrap dealer. 

 Similarly, manufacturers are also required to pass on any 

information (labels and SDSs) they have regarding known 

contaminants of the scrap, as would be the case if cutting fluids 

were present. 

 In addition, article manufacturers that sell for scrap those produced 

items that fail specification or suppliers who provide, for example, 

metal tailings from a manufacturing process, must develop and 

transmit SDSs and labels to downstream scrap dealers.

 Generally, non-manufacturing scrap dealers may comply with the 

duty to provide labels and safety data sheets for the scrap they sell 

by sending their downstream users the labels and SDSs the dealer 

received from employers who have scrapped the materials.

9. Foreseeable emergency means any reasonably anticipated occurrence in 

the workplace use of the chemical such as, but not limited to, equipment 

failure, rupture of containers, or failure of control equipment which could 

result in an uncontrolled release of a hazardous chemical into the 

workplace. Employee exposures in the event of an accidental fire are not 

considered a foreseeable emergency. 

10. Hazard category means the division of criteria within each hazard class, 

e.g., oral acute toxicity and flammable liquids include four hazard 

categories. These categories compare hazard severity within a hazard class 

and should not be taken as a comparison of hazard categories more 

generally.

11. Hazard class means the nature of the physical or health hazards, e.g., 

flammable solid, carcinogen, oral acute toxicity.

12. Hazard not otherwise classified (HNOC) means an adverse physical or 

health effect identified through evaluation of scientific evidence during the 

classification process that does not meet the specified criteria for the 

physical and health hazard classes addressed in the standard. 

a. For example, an HNOC is polymerization that may release heat. 

Polymerization is a chemical reaction in which a large number of 

relatively simple molecules combine to form a chain-like 

macromolecule. The combining units are called monomers (e.g., 
20

methyl methacrylate), the product is a polymer (e.g., polymethyl 

methacrylate). 

b. This does not extend coverage to adverse physical and health 

effects for which there is a hazard class addressed in the standard, 

but the effect either falls below the cut-off value/concentration 

limit of the hazard class or is under a GHS hazard category that has

not been adopted by OSHA (e.g., acute toxicity Category 5, skin 

corrosion/irritation Category 3, or aspiration Category 2).

c. An adverse physical or health effect is a material impairment of 

health or functional capacity, as that phrase is used in section 

6(b)(5) of the OSH Act, 29 U.S.C. § 655(b)(5), resulting from 

workplace exposure to a chemical.

d. A health effect is determined in accordance with the weight-ofevidence criteria in Appendix A of the standard, paragraph A.0.3. 

e. The term physical effect generally refers to a material impairment 

of health or functional capacity caused by the intrinsic hazard(s) of 

a particular chemical in normal conditions of use or foreseeable 

emergencies. Scalds caused by exposure to chemicals at high 

temperatures, or slips and falls caused by treading on a solid 

chemical shaped in a rounded form or spilled liquids, are not 

covered physical effects under the HNOC definition. 

 For example, water is not classified as an HNOC merely because 

an employee might be scalded by contact with boiling water or 

because an employee might contract hypothermia by being 

immersed in cold water for a long period of time. 

 Similarly, water is not classified as an HNOC by virtue of the fact 

that an employee might be injured when slipping and falling on a 

wet surface or when sprayed by water at high pressure. The 

foregoing examples of adverse physical effects that are outside the 

scope of HNOCs are designed to assist in better understanding the 

concept of HNOCs. They are not intended to be exhaustive or 

limited to chemicals, such as water, which are not hazardous 

chemicals.

NOTE: OSHA’s definition above for HNOC ensures that hazards 

previously covered under HCS 1994 remain covered under HCS 2012.

13. Hazard statement means a statement assigned to a hazard class and 

category that describes the nature of the hazard(s) of a chemical, 
21

including, where appropriate, the degree of hazard. See Section X.F.2.c of 

this Instruction for the discussion on hazard statements.

14. Hazardous chemical means any chemical that is classified as a physical 

hazard or a health hazard, a simple asphyxiant, combustible dust, 

pyrophoric gas, or hazard not otherwise classified.

15. Importer means the first business with employees within the Customs 

Territory of the United States which receives hazardous chemicals 

produced in other countries for the purpose of supplying them to 

distributors or employers within the United States. 

a. When chemicals are imported into the United States, the person 

(meaning one or more individuals, partnerships, associations, 

corporations, business trusts, legal representatives, or any 

organized group of persons) who imported the product 

automatically becomes the responsible party. 

 OSHA only has jurisdiction over transactions which affect 

commerce within the United States. As the importer is the first 

point of contact within this country, the importer is therefore the 

responsible party for complying with the HCS, and must include 

their name and address on the SDS and label. Preferably the 

original foreign manufacturer’s name and address are removed to 

prevent confusion. 

 The importer is responsible for the information and for providing 

any updates to the labels and SDSs in all cases. 

b. An employer who brings hazardous chemicals into the country for 

use in their own workplace, becomes an importer and is, therefore, 

responsible for conducting a hazard classification of the chemical, 

producing the SDS, ensuring appropriate labeling, and all other 

applicable provisions of the standard.

16. Label means an appropriate group of written, printed or graphic 

information elements concerning a hazardous chemical that is affixed to, 

printed on, or attached to the immediate container of a hazardous 

chemical, or to the outside packaging. However, (f)(1) requires the label 

on each container and, therefore, labeling only the outside package is not 

compliant.

17. Manufacturer means an employer that manufactures, processes, 

formulates, or repackages a hazardous chemical. The first employer 

meeting the definition of a manufacturer will be responsible for 
22

performing the hazard classification, developing or obtaining the SDSs, 

and labeling containers of the hazardous chemicals. 

a. Manufacturers include those companies which repackage, blend or 

mix chemicals. 

 If a downstream employer meeting the definition of a manufacturer 

alters a product (e.g., chemically react) and/or removes the original 

manufacturer’s name and/or contact information, then the 

downstream user becomes the responsible party for the product 

and needs to consider all the known or intended uses of the 

product. 

 The first employer meeting the definition of a manufacturer does 

not need to consider uses of a chemically reacted version of their 

product. An example of this is a company providing methyl 

methacrylate to a second manufacturer who creates polymethyl 

methacrylate and then makes products from the polymethyl 

methacrylate; the first manufacturer does not need to warn on the 

hazards of the products made from the polymethyl methacrylate. 

b. Examples of manufacturers:

 Oil and gas producers are chemical manufacturers because they 

process hazardous chemicals for use or distribution.

 Sawmills are considered to be manufacturers since they are the 

first employers who process the product. A sawmill processes 

timber into lumber, thereby creating wood dust, which is a 

hazardous chemical under the HCS. 

 Operators of grain elevators also meet the definition of a 

manufacturer. 

18. Produce means to manufacture, process, formulate, blend, extract, 

generate, emit or repackage. This includes the extraction of naturally 

occurring substances, such as clay and stone which contain crystalline 

silica.

19. Responsible party means someone who can provide additional information 

on the hazardous chemical and appropriate emergency procedures, if 

necessary. This could be the manufacturer or importer or a company 

contracted to provide more information. The name and address of the 

responsible party MUST be the same on the SDS and the label. 
23

20. Safety data sheet (SDS) means written or printed material concerning a 

hazardous chemical that is prepared in accordance with paragraph (g) of 

the HCS standard. 

21. Shipped container means any container leaving the workplace, whether

through normal shipping routes or physically handed to another person.

22. Simple asphyxiant means a substance or mixture that displaces oxygen in 

the ambient atmosphere, and can thus cause oxygen deprivation in those 

who are exposed, leading to unconsciousness and/or death. Examples of a 

simple asphyxiant are nitrogen, helium, argon, neon, and methane. 

23. Specific target organ toxicity-single exposure (STOT–SE) means 

specific, non-lethal target organ toxicity arising from a single exposure to 

a chemical.

24. Specific target organ toxicity-repeated exposure (STOT–RE) means 

specific target organ toxicity arising from repeated exposure to a substance 

or mixture.

25. Stationary process container means a container that is not mobile, in 

which a process other than storage takes place, or a stationary container 

which contains a liquid (other than water) used for dipping and coating. 

a. Examples of stationary process containers are permanent dip tanks, 

and permanent mixing vessels.

b. Items which are not stationary process containers are storage tanks 

(even if connected to a distribution system), and portable dip tanks. 

This definition applies only to the Hazard Communication standard. It 

does not change the scope or coverage of any other OSHA standard (e.g., 

1910.119 - Process Safety Management of Highly Hazardous Chemicals). 

It is only applicable to the labeling requirements of the HCS.

26. Use means to package, handle, react, emit, extract, generate as a byproduct 

or transfer.

27. Weight of evidence means that all scientific data bearing on the 

classification of a chemical shall be considered together, including the 

results of valid in vitro tests, relevant animal data, and human experience 

such as epidemiological and clinical studies, and well-documented case 

reports and observations. See Appendix A, Chapter A.0.3 of the standard

for a further discussion on how to use the weight of evidence for 

classification.
24

D. Hazard Classification, Paragraph (d). 

This section outlines the classification of chemicals under the revised standard. 

DSG and DTSEM (SLTC) are available to assist CSHOs in the review of a 

manufacturer’s or importer’s classification scheme, if necessary.

1. General Information on Classification

a. OSHA does not classify nor approve of classifications of 

chemicals for manufacturers, importers and distributors. If OSHA 

is asked for assistance, the manufacturer, importer or distributor 

shall be directed to the appropriate sections of this Instruction’s

appendices. 

Chemical manufacturers and importers are required to classify the 

hazards of the chemicals they produce or import. If an employer 

choses to do its own classifications, it is responsible for complying 

with the classification requirements of the HCS.

b. Classification criteria. 

 Hazard classification must follow the requirements outlined in 

Appendices A and B of the standard. A listing of the sections in 

Appendices A and B of the standard can be found in Appendix A 

of this Instruction. Deviations from the Appendices A and B of the 

standard (e.g., using split entry) are not in compliance with the 

HCS. See April 2, 2013 letter of interpretation to Brian Karlovich 

on split entry at 

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_tabl

e=INTERPRETATIONS&p_id=29039. 

 The classification of hazards is to be performed based on the 

criteria provided for each individual hazard class. Manufacturers 

or importers who are evaluating the hazards of the chemicals must 

consider all available data on the hazards. See OSHA memo, 

Classification of Combustible Dusts under the Revised Hazard 

Communication Standard, at 

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_tabl

e=INTERPRETATIONS&p_id=28880.

 The quality and consistency of the data shall be considered. 

Information on chemicals related to the material being classified 
25

shall be considered as appropriate, as well as site of action and 

mechanism or mode of action study results. 

 Both positive and negative results shall be considered together in a 

single weight-of-evidence determination. 

 Positive studies which are consistent with the criteria for 

classification will normally justify classification. See Appendix A 

of the standard, chapter A.0.3.3.

 The specific bridging principles that can be used for each 

classification are found in the appropriate sections of Appendices 

A of the standard. 

c. Appendix B of this Instruction provides compliance guidance on 

evaluating the classification of chemicals. 

d. There is no requirement for testing to determine the classification;

however, the manufacturer or importer may test if so desired. 

 While the HCS does not require testing of chemicals to determine 

their individual hazards, such testing is allowed and some 

preparers of SDSs may choose to do so. 

 If a chemical manufacturer chooses to test a mixture as a whole, 

the chemical manufacture may perform the full range of tests,

including tests to determine health risks and physical hazards, or

test certain properties of a chemical and rely on the literature for 

others.

e. Known intermediates and by-products are covered by the HCS and 

must be addressed in the hazard classification. 

f. Decomposition products which are produced during normal 

conditions of use or in foreseeable emergencies for the product

(e.g., plastics which are injection molded, diesel fuel emissions) 

are covered. 

g. Carcinogenicity.

 The mandatory criteria for classification of a chemical for 

carcinogenicity under HCS 2012 are found in Appendix A, chapter 

A.6 of the standard. 
26

 Unless OSHA has determined that the chemical is a carcinogen, 

these classifications are to be based on all existing data, such as 

internal documents, peer-reviewed published studies, and 

additional data accepted by other agencies, e.g., National Institute 

for Occupational Safety and Health (NIOSH) evaluations. Those 

chemicals that OSHA has determined in Subpart Z to be 

carcinogenic shall be addressed appropriately as carcinogens on 

labels and SDSs. 

 The National Toxicology Program’s (NTP) Report on 

Carcinogens, or the International Agency for Research on 

Carcinogens (IARC) monographs may be used instead of the 

manufacturer or importer performing their own weight-of-evidence 

classification. These sources shall be treated as providing 

information to be used in the weight-of-evidence decisions that are 

appropriate under the GHS-aligned criteria. 

 Use the information provided in Appendix F of the standard when 

checking the classification of carcinogens. Please see Appendix C

of this Instruction for more information on evaluation of 

carcinogenicity. 

 As discussed below, classification of mixtures has a specific order 

of precedence; however, it does not apply to Carcinogenicity, 

Germ Cell Mutagenicity and Reproductive Toxicity (see Appendix 

A of the standard, chapter A.0, subparagraph A.0.4.2 and chapter 

A.6, for Carcinogenicity).

h. Cut-off values/concentration limits. 

 The HCS 2012 classification approach does not have one single 

cut-off value for classification. Each physical or health hazard has 

its own specified cut-off values for each specific category. See 

Appendices A and B of the standard for each specific cut-off value. 

A partial list of cut-off values can be found in Appendix B of this 

Instruction.

 Under the HCS 1994, a product, if not tested as a whole, that 

contained 1% of a hazardous component and 99% of a 

nonhazardous ingredient, was assumed to present the same hazard 

as the component. This may not be the case under HCS 2012. 

 To classify the hazards of a mixture, the manufacturer or importer 

must use the information contained in Appendices A and B of the 

standard. This may possibly result in the chemical having a 
27

different classification than was previously identified under HCS 

1994. 

 Regardless of whether the classifier classifies based on testing of 

the mixture as a whole or based on the hazards of individual 

ingredients, information about the ingredients presenting health 

hazards must be disclosed in Section 3 of the SDS when: 

 Ingredients/components are present at or above the cut-offs. 

 Ingredients/components are present below the cut-off value but 

still present a health risk at the lower level, e.g., isocyanates 

that are below the cut-off limit but can cause sensitization at 

the lower concentration. Also, where a component present 

below the cut-off may be released above an OSHA permissible 

exposure limit (PEL) or American Conference of 

Governmental Industrial Hygienists (ACGIH) Threshold Limit 

Value (TLV®). 

i. An employer may rely upon the hazard classification performed by 

the chemical manufacturer. 

j. Intermediates. 

 Manufacturers and importers must classify and create SDSs and 

labels for intermediates that are formed in a discrete step in the 

process of making the final product. This ensures that the 

employees are protected and the information is available in the 

case of an emergency. The manufacturer or importer must classify

with the available information.

‒ For example, in the process of creating chemical E that is 

formed in two steps, A + B = C and C + D = E, the creation of 

C is a discrete stopping point and can be isolated. 

‒ Therefore, OSHA would require the creation of an SDS for C 

as well as the SDS for E.

 Manufacturers and importers are not required to classify, label, or 

create SDSs for intermediates that cannot be isolated as discrete 

entities from the reactant materials. In other words, classification is

required for intermediates created in transition that have not 

completely reacted and do not form a discrete product. An example 

of this would be A+B makes C which continues to react with B to 

form D. If C cannot be isolated, then OSHA would not require an 
28

SDS.

k. Whoever performs the classification is responsible for the accuracy 

of the information. The evaluation must assess the hazards 

associated with the chemicals including hazards related to any 

anticipated or known use or foreseeable emergency which may 

result in worker exposure. Usually, the chemical manufacturer 

possesses knowledge of hazardous intermediates, by-products, and 

decomposition products that can be emitted by their product. 

l. Specific Target Organ Toxicity (STOT) – Single Exposure

(SE)/Repeated Exposure (RE) classification.

 Mixtures containing from 1% to less than 10% of Category 1 

STOT-SE ingredients may be classified as Category 2 STOT-SE 

under the following limited circumstances. 

 A.8.3.1 of the standard allows for the classification of mixtures 

under the criteria as used for substances. Where the 

classification of the ingredients is based on animal data only 

(see A.8.2.1.6 of the standard), the use of the guidance values 

in Table A.8.1 of the standard is appropriate as a part of the 

total weight-of-evidence approach. 

 It may be appropriate, in light of the guidance values, to 

classify a mixture containing from 1% to less than 10% of 

Category 1 STOT-SE substances as a Category 2 STOT-SE 

hazard, where warranted by the weight of evidence. Such a 

classification must be consistent with all of the criteria in 

A.8.2.1 (“Substances of Category 1 and Category 2”) of the 

standard, including consideration of the severity of the effect 

observed. However, a mixture containing 1% or more of a 

STOT ingredient must be classified as a STOT hazard when 

classification is based solely on the application of the guidance 

value and the dose concentration in the mixture.

 Mixtures containing from 1% to less than 10% of Category 1 

STOT-RE ingredients may be classified as Category 2 STOT-RE 

under the following limited circumstances. 

 A.9.3.1 of the standard allows for the classification of mixtures 

under the criteria used for substances. Where the classification 

of the ingredients is based on animal data only (see A.9.2.6 of 

the standard) the use of the guidance values in Tables A.9.1 
29

and A.9.2 of the standard is appropriate as a part of the total 

weight-of-evidence approach. 

 It may be appropriate, in light of the guidance values, to 

classify a mixture containing from 1% to less than 10% of 

Category 1 STOT-RE substances as a Category 2 STOT-RE 

hazard, where warranted by the weight of evidence. Such a 

classification must be consistent with all of the criteria in A.9.2 

(“Classification Criteria for Substances”), including 

consideration of the severity of the effect observed. However, 

a mixture containing 1% or more of a STOT ingredient must be 

classified as a STOT hazard when classification is based solely 

on the application of the guidance value and the dose 

concentration in the mixture.

m. Petroleum streams have unique classification issues. The 

classification of petroleum streams is outlined in Appendix D of 

this Instruction.

More information on the classification requirements can be found in 

Appendices B, C, and D of this Instruction, and also in Appendices A and 

B of the standard. 

2. Inspection Guidelines.

a. The adequacy of a company's hazard classification should be 

assessed primarily by examining the outcome of that classification,

i.e., the accuracy and adequacy of the information on labels and 

SDSs and, if available, by reviewing the manufacturer's or 

importer’s hazard classification procedures and calculations. 

b. The hazard classification must include an assessment of all

hazards. The chemical manufacturer or importer must consider the 

potential exposures that may occur when downstream employers 

use the product, and identify the hazards that may result from that 

use on the label and/or SDS prepared for the product. 

c. In the event there are questions concerning the adequacy of the 

scientific data underlying a chemical manufacturer's hazard 

classification the CSHO shall collect the information from the 

studies the manufacturer used to classify the chemical(s), and the 

rationale the manufacturer or importer used to determine the 

classification. The Area Director should then contact the regional 

hazard communication coordinator, who then may refer those 

findings to the Directorate of Standards and Guidance (DSG) or 
30

the OSHA's Salt Lake Technical Center (SLTC) for review, as 

necessary. 

3. Citation Guidelines. 

a. If the chemical manufacturer or importer has not classified the 

chemicals produced or imported, (d)(1) shall be cited.

b. If the chemical manufacturer or importer has not considered the 

full range of scientific literature, e.g., ignoring the studies that do 

not support their conclusions (such as not including a study 

showing reproductive toxicity while including five other studies 

that do not show reproductive toxicity), (d)(2) shall be cited. 

NOTE: The evidence to support this citation shall be gathered as 

outlined in X.D.2.c above.

c. While performing inspections of manufacturers the CSHOs shall

review labels and SDSs. If discrepancies are noted or questions 

concerning the classification arise, the CSHOs should contact the 

regional hazard communication coordinator who will determine if 

DSG or the SLTC should be contacted. If the chemical 

manufacturer or importer has not properly utilized Appendices A 

and B of the standard to classify the hazards of mixtures, (d)(3)(i) 

shall be cited. 

d. When classifying mixtures, a chemical manufacturer or importer 

may rely on the information provided on the SDSs for individual 

ingredients. However, if the chemical manufacturer or importer 

knows, or by exercising reasonable diligence should have known,

that the information provided on the SDS for those individual 

ingredients was misstated or omitted, and relied on this 

information, (d)(3)(ii) shall be cited. 

e. Where a manufacturer or importer has not adequately classified the 

chemical or mixture, grouped citations for (d)(1) and (d)(2) (and 

(d)(3) if for a mixture) shall be considered.

f. In general, citations for hazard classifications should be cited as 

serious. 

E. Written Hazard Communication Program, Paragraph (e). 

In most cases, enforcement for the written program should not be affected by the 

implementation dates of the revisions to the standard. 
31

1. Program Coverage, (e)(1). 

a. All employers with employees who are or are potentially exposed 

to hazardous chemicals known to be present in their workplaces, 

must develop, implement, and maintain at each workplace a 

written hazard communication program that includes labeling and 

other forms of warning (f), safety data sheets (g), and training (h).

b. Programs must be developed whether the employer generates the 

hazard or the hazard is generated by other employers.

2. Multi-Employer Worksites, (e)(2). 

a. On a multi-employer worksite, the CSHOs should refer to 

enforcement policies for multi-employer worksites in the FOM and 

CPL 02-00-124, Multi-Employer Citation Policy. 

b. The HCS obligates all employers, including those on multiemployer worksites, who may expose their employees or 

employees of other employers (e.g., temporary workers and 

contractors) to hazardous chemicals to develop a written program. 

c. An employer on a multi-employer worksite must include the 

methods they will use in their program to provide other employers 

with on-site access to SDSs. This covers each hazardous chemical 

to which the other employers' employees may be exposed. 

Therefore, one employer does not have to physically give the other 

employer the SDSs but rather must inform others of the location 

where the SDSs will be maintained. (e.g., in the general 

contractor's trailer). The HCS allows employers to decide on the 

method of information exchange.

3. Program Access, (e)(4). 

a. HCS does not specify how the program is to be maintained, but it 

does specify that employees must have access to the written hazard 

communication program. Therefore, the employer may maintain 

the program either on paper or in electronic format, as long as the 

program meets all other requirements of the standard. 

b. The employer must ensure that employees know how to access the 

document and that there are no barriers to employees’ access (e.g., 

storage in a locked room). 
32

4. Inspection Guidelines for the Written HCS Program.

In addition to a CSHO observing possible violations while conducting the 

walk-around, they must review the written program to ascertain whether 

all applicable requirements of paragraph (e), (f), (g), and (h) are covered in 

the written program and have been implemented in the workplace. The 

written program must address the following items:

a. Chemical Inventory, (e)(1)(i).

 The inventory must have a product identifier for each chemical 

known to be present that aligns with the SDS and label. 

 The inventory can be for the entire facility or for individual work 

areas.

 The inventory must include all chemicals present (even if the 

chemicals are stored/not in use).

b. Non-Routine Tasks/Unlabeled Pipes, (e)(1)(ii).

The program must cover the methods the employer will use to 

inform employees of the hazards in non-routine tasks, and the 

hazards associated with chemicals contained in unlabeled pipes in 

their work areas. 

c. Multi-Employer Worksites, (e)(2). 

 Method(s) to provide the other employers on-site access to SDSs

for each hazardous chemical the other employer(s)’ employees

may be exposed, (e)(2)(i).

 Method(s) to inform other employers about any necessary 

precautionary measures to protect employees, (e)(2)(ii).

 How to inform other employer(s) about the labeling system used, 

(e)(2)(iii).

d. Availability of the Program to Employees, Employee 

Representatives, NIOSH, and OSHA Representatives Upon 

Request, (e)(4).
33

e. Labels and Other Forms of Warning, (f); this must include:

 Designation of the person(s) responsible for labeling on shipped 

containers.

 Designation of the person(s) responsible for workplace labeling.

 Description of labeling system(s) used.

 Description of alternative to labeling for workplace containers, 

where applicable.

 Procedures to review and update label information when necessary

(for employer’s workplace labeling and for shipped container 

labels).

f. Safety Data Sheets, (g).

 Designation of the person(s) responsible for obtaining/maintaining 

the SDSs.

 How the data sheets are to be maintained (e.g., in notebooks in the 

work area(s), in a pick-up truck at the jobsite, via telefax),

procedures on how to retrieve SDSs electronically, including backup systems to be used in the event of failure of the electronic 

equipment, and how employees obtain access to the SDSs.

 Procedure to follow if the SDS is not received at the time of the 

first shipment.

 Procedure to follow if it is suspected that the SDS is not 

appropriate (e.g., missing hazards).

 Procedure to follow to determine if the SDS is current.

 For chemical manufacturers or importers, procedures for updating 

the SDS when new and significant health information are found. 

g. Training, (h).

 Designation of the person responsible for conducting the training.

 How the training is to be conducted (e.g., written, visual 

presentation using slides, verbal).
34

 The required elements of the training program. The program must

address the duties in (h)(1) through (h)(3). 

 Procedure to train new employees at the time of their initial 

assignment and to train employees when a new hazard is 

introduced into the workplace. 

 Procedure to train employees when they are potentially exposed to 

chemicals used by other employers, multi-employer worksites. 

5. Citation Guidelines. 

a. When evaluating an employer’s hazard communication program 

the CSHO must determine if the employer has fulfilled all of the 

requirements of the program but has not put it in writing, has no 

program and has not implemented specific parts of the HCS, or has 

an inadequate written program. 

 Generally, all violations of paragraph (e) shall be grouped with the 

violated element(s) listed in the subparagraphs of (e) and/or 

violations of paragraphs (f), (g), and (h) as appropriate, since (e)(1) 

is the only provision under paragraph (e) which addresses the 

development, implementation and maintenance of the written 

hazard communication program.

 If an employer has done nothing to comply with the HCS, citations 

for violations of paragraphs (e), (f), (g), and (h) of the standard 

may be issued as separate items, with separate penalties. Normally 

these employers will be cited for violations of (e)(1), (f)(1), (g)(1) 

and (h)(2) & (3).

 Where employees are exposed or potentially exposed to a 

hazardous chemical, and labeling, SDS, chemical inventory, and 

training requirements are met, but there is no written program, a 

citation for (e)(1) should not be issued, as it is considered a de 

minimis violation. See X.E.5.d.

 If an employer has not developed a written hazard communication 

program and has not implemented the other parts of the HCS, a 

citation shall be issued for (e)(1) and grouped with the section(s) of 

the standard that the employer is not complying with, e.g., not 

maintaining MSDS/SDS, (g)(8).

 If the employer has developed a written hazard communication 

program but the program does not cover all the required elements
35

or is deficient in one or more element(s), that specific element(s) 

shall be cited, e.g., (e)(1)(i) when the employer has not developed

a chemical inventory. 

b. Employers in multi-employer worksites must include information 

in their program concerning SDS access, precautionary measures 

and in-house labeling.

 Employers on such sites who do not use hazardous chemicals, but 

whose employees are exposed to the chemicals used by other 

employers, are required to have a program and train their 

employees on the hazards of the chemicals in the work areas. If an 

employer fails to comply with this, CSHOs shall cite paragraphs 

(e)(1) and appropriate sections of (h), Training.

 A citation for (e)(2)(i) shall be issued if an employer fails to 

include the methods by which the employer will inform other 

employers about on-site access to SDSs.

 A citation for (e)(2)(ii) shall be issued if an employer fails to 

include the methods for informing other employers about 

precautionary measures needed.

 A citation for (e)(2)(iii) shall be issued if an employer fails to 

include the methods by which the employer will inform other 

employers about the workplace labeling system used.

c. The employer is required to provide the written program to 

employees, their designated representatives, the Assistant 

Secretary for OSHA, and the Director of NIOSH upon their 

request, in accordance with 1910.1020, Access to Employee 

Exposure and Medical Records. This requirement means that the 

employer must provide a copy of the written program within the 

time periods discussed in 1910.1020 (i.e., no later than 15 working 

days after the request for access is made). If the employer does not 

comply, citations may be issued for (e)(4).

d. All citations related to an employer’s HCS written program should 

be cited in accordance with CPL 02-00-111, Citation Policy for 

Paperwork and Written Program Violations, Section G.5. 

Citations shall generally be issued as serious unless otherwise 

noted. 
36

F. Labels and Other Forms of Warning, Paragraph (f). 

1. General Labeling Requirements.

a. Manufacturers and importers must comply with the labeling 

provisions by June 1, 2015. Distributors will have until December 

1, 2015, to comply with the labeling provisions unless they are 

relabeling the materials. If a distributor is relabeling and replaces 

the manufacturers or importers name with their name, the

distributor must be in compliance with the labeling provisions by 

June 1, 2015, as they become the responsible party. 

[Note: Section X.F.2.h. of this Instruction on the policy guidance 

for the limited continued use of HCS 1994-compliant labels.]

b. During the classification process, the manufacturer, or importer, or 

distributor will determine the appropriate classification and 

category of a product. This will result in the required elements: 

precautionary statements, hazard statements, pictograms and the 

signal word (“Danger” or “Warning”), to be placed on the label. A 

few classifications do not result in the use of a signal word. All the 

label elements for each hazard class can be found in Appendix C of 

the standard. 

c. All labels must be in English, however they can be provided in 

other languages as well. 

d. The manufacturer, importer or responsible party name on the label 

must be the same as on the SDS.

e. OSHA does not specify the format of the label, just the minimum 

information required on the label. A manufacturer, importer or 

distributor may add supplemental information to a label, as long as 

it does not lead to unnecessarily wide variation or undermine the 

required information. 

Supplemental information need not be physically separated from 

the required information on the label; however, paragraph C.3.2 of 

Appendix C of the HCS 2012 provides that the placement of 

supplemental information must not impede identification of the 

information required by HCS 2012. 

f. Quality control samples taken in a plant must be labeled, tagged, or 

marked unless the person taking the sample is also going to be 

performing the analysis, and thus the sample would come under
37

the portable container exemption under paragraph (f)(8). A handwritten label may be utilized as long as the required label 

information is present. This may be done under paragraph (f)(1) or 

(f)(6) depending on the circumstance.

g. Labels must be prominently displayed and in English. Labels must 

be legible without the use of any aid (except corrective lenses if the 

person reading the label normally has to wear glasses). Therefore, 

if the label is not legible, the label is out of compliance with (f)(2) 

(for manufacturer/importer labels) or (f)(10) (for workplace 

labels). 

h. A hazard not otherwise classified (HNOC) is not required to be 

noted on the label but may be included as supplementary hazard 

information. 

i. The manufacturer, importer, or distributor can also choose to list 

the environmental effects and use the environmental pictogram on 

the label, if applicable, so long as the additional information does 

not impede the required information. 

j. OSHA does not approve or endorse labels. The use of wording 

such as “OSHA certified/approved/compliant” on a HCS label is 

prohibited.

k. For additional guidance, see OSHA Brief titled: Hazard 

Communication Standard: Labels and Pictograms, at 

http://www.osha.gov/Publications/OSHA3636.pdf.

2. Shipped Containers.

Manufacturers, importers, and distributors are required to ensure that each 

container of hazardous chemicals is appropriately labeled. Labeling 

requirements apply for shipped containers leaving the workplace 

regardless of whether the intended destination is interstate or intrastate.

Shipped container labels must include:

a. Product Identifier (this must correlate to the SDS), (f)(1)(i).

b. Signal Word, i.e., Danger or Warning, (f)(1)(ii).

“Danger” and “Warning” are the only signal words allowed. The 

use of any other signal-type word is not in compliance with 

paragraph (f)(1)(ii). Only one signal word is allowed on the label, 

see Appendix C, C.2.1.1 of the standard.
38

c. Hazard Statement(s), (f)(1)(iii).

 If the chemical manufacturer or importer can document that all or 

part of the hazard statement is not appropriate then the 

manufacturer or importer may omit that portion or that statement. 

See Appendix C, C.2.2.2 of the standard.

 The manufacturer or importer may combine hazard statements to 

save space and improve readability so long as all the required 

hazard information is conveyed. See Appendix C, C.2.2.2 of the 

standard.

d. Pictogram(s), (f)(1)(iv).

 A list of the pictograms is in Appendix F of this Instruction.

 Pictograms on shipped containers must have a white background 

with a red border.

 The size of the pictogram must be “sufficiently wide to be clearly 

visible.” See Appendix C, C.2.3.1 of the standard. 

 Labels may not contain blank diamonds (red borders with no 

symbol). 

 Blacked out pictogram borders are compliant with the 

requirements of HCS 2012 as they are not a "square red frame set 

at a point without a hazard symbol." However, if a blank red 

frame is not fully covered or filled in, the label would not be in 

compliance. 

 A particular pictogram may only appear on a label once, even if 

multiple classifications use the same pictogram and the product’s 

classification would result in the same pictogram for multiple 

hazards. See Appendix C, C.4 of the standard.

 For example, if a chemical is classified as a STOT Category 1

and the chemical is also toxic to reproduction, the health 

hazard pictogram shall appear only once. 

 Where a product label was to have multiple, identical, HCS 

pictograms, a user might incorrectly assume that the product is 

more hazardous than another product that is labeled with one 

pictogram; therefore, multiple, identical, HCS pictograms are 

not in compliance with the HCS. 
39

e. Precautionary Statement(s), (f)(1)(v).

 Precautionary statements are required to be written out. It is not 

adequate to reference the GHS precautionary statement number. 

The precautionary statements for each hazard category are listed in 

Appendix C of the standard. 

 With a few exceptions, all precautionary statements must be 

included on the label (Note: the European CLP (classification, 

labelling and packaging regulation) allows no more than six 

precautionary statements).

Several exceptions are listed below:

 Where a chemical is classified for a number of hazards, and the 

precautionary statements are similar, the most stringent must

be included on the label. See Appendix C, C.2.4.7 of the 

standard.

 In some cases, the precautionary statement is not appropriate 

for the hazard, and following the precautionary statement will 

result in an increased hazard (e.g., treat someone who has a 

water-reactive chemical on them by wrapping the area in wet 

bandages). If the labeler has omitted a precautionary statement 

on the grounds that it is not appropriate, the labeler must be 

able to provide adequate information supporting its claim. If 

the supporting claim is adequate, no citation shall be issued for 

the omission. 

 In some cases, the precautionary statement for health hazards,

“store locked up,” may not be appropriate for a particular 

chemical. If the labeler can document that a chemical will 

never present the hazard during storage, but only during use or 

processing, this precautionary statement may be omitted.

 If a downstream user has a question about the presence or absence 

of a precautionary statement, the user should contact the 

manufacturer or importer or responsible party for further 

information.

 It is not acceptable for a manufacturer, importer or responsible 

party to omit a precautionary statement without data or based only 

on anecdotal evidence.
40

 The precautionary statements can be arranged by the manufacturer, 

importer or distributor to create an order of preference; however,

all precautionary statements must be listed except as otherwise 

provided in Appendix C, C.2.4.5, C.2.4.6 and C.2.4.8 of the 

standard. 

 Precautionary statements may be combined to save space and 

improve readability. See Appendix C, C.2.4.6 of the standard.

 In Appendix C of the standard, the precautionary statements are 

broken out into, “Prevention”, “Response”, “Storage” and 

“Disposal,” and listed in four columns. All four types/columns 

listed are precautionary statements and all must be included on the 

label (with the exceptions listed above). 

 In Appendix C of the standard three full stops symbol “...” on 

precautionary statements is to indicate that all applicable 

conditions are not listed, and the classifier is to fill in the 

appropriate information, e.g., the route of exposure.

 The backslash or diagonal symbol “/” is used in Appendix C of the 

standard to indicate that the classifier is to choose one of the 

precautionary statement options, e.g., “wear protective 

clothing/eye protection” could be either “wear protective clothing”

or “wear eye protection” or “wear eye protection and protective 

clothing.”

 The square bracket symbol “[ ]”, in Appendix C of the standard, 

indicates a section of a precautionary statement that may not be 

appropriate for all situations and the classifier must choose 

whether it is appropriate. 

f. Name, address and telephone number of the chemical 

manufacturer, importer, or other responsible party, paragraph 

(f)(1)(vi). 

 The phone number listed must be reachable, and the person 

answering the phone must be able to respond to questions in 

English.

 The phone number does not have to be a 24-hour emergency 

number. 

 The address must either be the mailing address (P.O. Box may be 

used) or the physical location of the company. A web address may 
41

not be used in place of a physical or mailing address but may be 

included as supplemental information. The company name and 

address must be the same as that on the SDS.

g. Supplemental Information. 

May be included on the label as long as it does not cast doubt or 

contradict the validity of the label information required by HCS 

2012 or impede the user’s ability to identify the information 

required by HCS 2012. Therefore, any information, such as the 

Hazardous Materials Identification System (HMIS) or NFPA, can 

be included as long as it does not cast doubt or contradict the 

validity of the label information. 

h. Policy on limited continued use of HCS 1994-compliant labels.

 Guidance for manufacturers and importers of hazardous chemicals

Where a manufacturer or importer has not received classification 

information from its upstream supplier(s) on which it intends to 

rely for the classification of its product before June 1, 2015, the 

manufacturer or importer may continue to use the HCS 1994 label 

under certain limited circumstances. To do so, the manufacturer 

or importer must be able to initially demonstrate it has exercised 

reasonable diligence and made good faith efforts to obtain and 

integrate the information. 

The CSHO must review the overall efforts and actions taken to 

comply. No citation will be issued in cases where the 

manufacturer or importer provides persuasive documentation to 

show that it made reasonable efforts to obtain the necessary 

information from upstream suppliers, and attempted to find hazard 

information from alternative sources (e.g., chemical registries) to 

classify the data. In these limited situations, manufacturers and 

importers must promptly create HCS 2012-compliant labels within 

six months after they develop the updated SDS. This 

accommodation is provided as a reasonable relief to the 

requirement under 1910.1200(f)(11) that container labels be 

revised within six months after learning of new hazard 

information. All containers shipped after the six-month period 

must be labeled with an HCS 2012-compliant label. Where a 

manufacturer or importer has not developed an HCS 2012-

compliant label within six months of the date it developed its HCS 

2012-compliant SDS, a citation for violation of 1910.1200(f)(1), 

(f)(2), and (f)(3) shall be considered. 
42

Manufacturers or importers of hazardous chemicals (including 

businesses that repackage) that have existing stock packaged (e.g., 

boxed, palletized, shrink-wrapped, etc.) for shipment prior to June 

1, 2015, that are HCS 1994-compliant labeled, may continue to 

ship those containers downstream. In such instances, there is no 

requirement to re-label packaged for shipment containers with 

HCS 2012-compliant labels. The manufacturer or importer must 

provide HCS 2012-compliant labels for each and every individual 

container shipped and the appropriate HCS 2012-compliant SDS(s)

with each shipment, unless the manufacturer or importer can 

demonstrate that it exercised reasonable diligence and good faith 

as discussed in this policy. 

After June 1, 2015, a manufacturer or importer of hazardous 

chemicals who packages containers for shipment must label each 

and every container with a HCS 2012-compliant label prior to 

shipping. 

 Guidance for businesses that repackage, blends, or mix hazardous 

chemicals

Some businesses repackage, blend, or mix hazardous chemicals, 

but consider themselves to be distributors in the supply chain. 

Under the HCS, however, they are considered manufacturers, and 

the labelling guidance discussed above for manufacturers and 

importers applies to them as well. 

 Guidance for distributors of hazardous chemicals

The HCS 2012 permits distributors to continue to ship chemicals 

with HCS 1994 labels until December 1, 2015. There may be 

distributors that are consequently unable to comply with the 

December 1, 2015 effective date where a manufacturer or importer 

cannot comply with the June 1, 2015 effective date despite its 

reasonably diligent and good faith efforts. In these situations, 

CSHOs must determine whether the distributor has evidence that it 

has in fact exercised reasonable diligence and good faith to comply 

with the December 1, 2015 effective date. 

Before December 1, 2015, distributors with existing stock 

packaged (e.g., boxed, palletized, shrink-wrapped, etc.) for 

shipment and containers that are HCS 1994-compliant labeled, 

may continue to ship those containers downstream. In these 

instances, there is no requirement to re-label packaged for 
43

shipment containers with HCS 2012-compliant labels. Distributors 

must provide a HCS 2012-compliant label for each and every 

individual container shipped and the appropriate HCS 2012-

compliant SDS(s) with any future shipments after December 1, 

2015 or upon request, unless they can demonstrate reasonable 

diligence and good faith as discussed in this policy. Additionally, 

distributors must provide HCS 2012-compliant SDSs to 

downstream users with the first shipment after a new or revised 

SDS is provided by the manufacturer or importer. 

After having received HCS 2012-compliant SDSs, a distributor’s 

failure to provide the updated SDSs to other distributors or 

employers along with the first shipment or upon request would be 

a violation of 1910.1200(g)(7)(i), and a citation should be issued.

All containers in the control of a distributor after December 1, 

2017, must be HCS 2012-compliant labeled prior to shipping.

 What are Reasonable Diligence and Good Faith Efforts? 

To determine if a manufacturer or importer was reasonably diligent 

and made good faith efforts to obtain and integrate updated 

information, CSHOs must review overall efforts and action(s) 

taken to comply with HCS 2012. CSHOs should request that 

manufacturers or importers provide documentation of any and all 

efforts to: 

 Obtain classification information and SDSs from upstream 

suppliers; 

 Find hazard information from alternative sources (e.g., 

chemical registries); and,

 Classify the data themselves.

Establishing reasonable diligence and good faith requires that 

manufacturers or importers demonstrate attempt(s) to obtain the 

necessary classification or SDSs through both oral and written 

communications directly with the upstream supplier. For each 

hazardous chemical shipped by a manufacturer or importer after 

June 1, 2015 that does not comply with HCS 2012, the CSHO shall 

consider whether the manufacturer or importer:

 Developed and documented the process used to gather the 

necessary classification information from its upstream 

suppliers and the current status of such efforts; 
44

 Developed and documented efforts to find hazard information 

from alternative sources (e.g., chemical registries);

 Provided a written account of its continued communications 

with upstream suppliers, including dated copies of all relevant 

written communication; 

 Provided a written account of continued communications with 

its distributors, including dated copies of all relevant written 

communication with its distributors informing them why it has 

been unable to comply with HCS 2012; and, 

 Developed the course of action it will follow to make the 

necessary changes to SDSs and labels once the information 

becomes available.

Although CSHOs must evaluate all of the above factors, any 

combination of these efforts may be considered to be reasonably 

diligent and made in good faith. CSHOs shall also consider 

whether the manufacturer or importer attempted to obtain the 

hazard information in a timely manner (i.e., in a way that would 

have enabled it to comply with the June 1, 2015 effective date) in 

determining whether reasonable diligence and good faith efforts to 

comply are present. Additionally, manufacturers or importers 

should provide a clear timeline when it expects to comply with 

HCS 2012 to meet this test.

In cases where a distributor cannot comply with the December 1, 

2015 effective date, CSHOs shall determine, on a case-by-case 

basis, whether the distributor exercised reasonable diligence and 

good faith to comply with the December 1, 2015 effective date. In 

making such determination, distributors must present 

documentation of any and all communications with the 

manufacturer or importer regarding its reasons for noncompliance 

with HCS 2012.

3. Workplace Labels (sometimes called secondary, internal or in-house 

labels).

a. Workplace labels must include:

 Either the information in paragraph (f)(1)(i) through (f)(1)(v) as 

specified in (f)(6)(i); or,
45

 Product identifier and words, pictures, symbols, or a combination 

thereof, providing general information on the hazards of the 

chemicals, and which, in conjunction, with other information 

immediately available to employees under the hazard 

communication program, will provide employees with the specific 

information regarding the physical and health hazards of the 

hazardous chemical, (f)(6)(ii). If symbols are used they must not 

contradict the pictograms, or use of the wrong symbol for a given 

hazard (e.g., using the symbol for oxidizers to signify 

carcinogens). 

 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 (59 F.R. 6156). 

 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 information immediately available” does not include 

safety data sheets used in lieu of labels.

b. Pictograms.

 The workplace (i.e., in-house) label does not need to include the 

pictogram or a description of the pictogram.

 If a pictogram is used, it can be used with a black border. This is 

acceptable ONLY for in-house labels. 

c. Precautionary statements and hazard statements may be used on 

the in-house labels but are not required. 

d. Rating Systems.
46

 The NFPA or HMIS rating systems do not directly correlate with 

the HCS classifications (e.g., the NFPA rating of 1 (“low”) does 

not correlate with HCS classification of 1 (“high”)). However, the 

HMIS or NFPA system may be used as part of an employer’s

workplace labeling system, if used in accordance with the NFPA 

and HMIS guidelines and as long as it does not cast doubt or 

contradict the validity of the label information. 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 of the hazardous chemicals to 

which they are potentially exposed. CSHOs should determine 

whether workers can recognize what hazards correspond to what 

code ratings/symbols. This can be achieved through employee 

interviews. 

 Workplace labels must include the product identifier and general 

information regarding all of the hazards of the chemical(s) even 

when using the NFPA or HMIS system. In some cases, all hazards 

are not addressed by a particular rating system (e.g., chronic health 

hazards), and therefore, hazards not addressed must be 

communicated by words, pictures, symbols, or a combination 

thereof in addition to the NFPA or HMIS rating system. If any of 

the required label information is missing, it is not compliant with 

the standard.

 For additional guidance on use of the NFPA rating systems, please 

see http://www.osha.gov/Publications/OSHA3678.pdf.

e. If a material received was shipped under the (f)(4) solid materials 

special label transmission rules, the workplace labeling 

requirements in (f)(6) would begin only once the chemical is 

brought into the work area where it will be processed in a way to 

create a hazardous condition, e.g., combustible dust.

 If the chemical will first be placed in a stationary process container 

(e.g., grinder) where it will be processed in a way that creates a 

combustible dust hazard, the downstream user would be required 

to label the stationary process container with the Section 

1910.1200(f)(6) label, or may comply with the alternative labeling 

methods provided by Section 1910.1200(f)(7), and need not label 

the shipping container.

 If the chemical will first be placed in a non-stationary process 

container where it will be processed in a way that creates a 
47

combustible dust hazard, the downstream user would be required 

to label the non-stationary process container with the Section 

1910.1200(f)(6) label, but not the shipping container.

f. The workplace labeling requirements in (f)(6) apply only to 

chemicals that are in containers. Therefore, items which may be 

hazardous but are not in containers do not need to have workplace 

labeling. Some of these products may be received under the (f)(4) 

solid materials labeling exemption. 

 Individual boards or pipes that might create a combustible dust 

hazard when cut do not need to be labeled under (f)(6). 

 The employer has other responsibilities under HCS 2012 for 

products not requiring workplace labels, including training, 

maintaining SDSs, and providing SDSs to employees.

4. Stationary Process Containers.

a. Employer may use, for example, signs, placards, process sheets, 

batch tickets or operating procedures instead of affixing labels to 

individual stationary process container. Alternative method must 

identify the container(s) to which it is applicable and conveys the 

information required by paragraph (f)(6). 

b. The employer must ensure that the written material (e.g., batch 

sheets) is readily available to each employee in the work area 

during their work shift.

5. Special Labeling.

a. Combustible Dust labeling. 

 If the hazardous chemical, in the container, in its shipped form, is a 

combustible dust (e.g., flour, aluminum powder, carbon black), 

then it must be labeled in accordance with the standard. 

 Under Appendix C, C.4.30, footnote 2, if a material is a solid or a 

liquid when shipped and the only HCS 2012 hazard is combustible 

dust when the material is processed, then the labeler may comply 

with the labeling rules of (f)(4). See further discussion of (f)(4)

below under labeling of solid materials.
48

b. Other federal agency labeling requirements.

 Department of Transportation (DOT) labeling:

 The HCS 2012, paragraph (c), defines pictogram as “a 

composition that may include a symbol plus other graphic 

elements, such as a border, background pattern, or color, that is 

intended to convey specific information about the hazards of a 

chemical.” The DOT requires diamond-shaped placards 

(labels) containing hazard symbols for the transport of 

chemicals. Therefore, because DOT labels contain symbols, 

they are considered pictograms under HCS 2012. 

 During transportation, the DOT label requirements take 

precedence over the requirements of HCS 2012, as indicated in 

(f)(5). Appendix C, C.2.3.3, of the standard, states: “Where a 

pictogram required by the Department 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.”

 However, since OSHA proposed the modification to the HCS, 

DOT has updated its regulation to state that GHS pictograms 

would not be in conflict with a DOT label. Therefore, OSHA 

intends to revise Appendix C, C.2.3.3 of the standard, and in 

the interim, OSHA will allow labels to contain both DOT 

pictograms (labels as they are referred to by DOT) and the 

HCS pictograms for the same hazard. 

 For example: If a 55-gallon drum container is required to have 

both DOT and HCS elements, and the chemical’s classification 

requires the same pictograms under both DOT and OSHA 

rules, the manufacturer or importer has two options: 

- The manufacturer, importer or distributor may choose to 

display only the DOT pictogram for the hazard, or;

- The label may display both pictograms for the hazard. 

 For hazards where DOT requires no pictograms (e.g., 

carcinogens), HCS pictograms must appear.
49

 DOT Tanker Truck and Railroad Tank Car Labeling.

 In situations where a tank truck, rail car, or similar vehicle 

comprise the container for the hazardous chemical, the labeling 

information may either be posted on the outside of the vehicle 

or attached to the accompanying shipping papers or bill-oflading. 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 bypasses employees involved in 

transporting and handling the hazardous chemical. (Note the 

exemption in (f)(4)(i) for solid metals, plastic items, shipments 

of whole grain, and solid wood (i.e., untreated lumber)).

 If a tanker truck or railroad tank car that is labeled in 

accordance with the DOT labeling requirements arrives at a 

facility and is offloaded into a storage tank, without storage of 

the tanker truck or railroad car, the DOT labeling would be 

sufficient on the tanker truck or railroad car. 

 If the tanker truck or railroad tank car is stored (wheels

chocked and cab/engine disconnected from the tanker/rail car) 

prior to offloading, the requirements of HCS apply and the 

labels must comply with (f)(7). (OSHA is allowing this to be 

labeled as a stationary process container). 

 If the tanker truck or railroad tank car becomes part of the 

process (e.g., hooked up to the piping system, used as a process 

container), it must be labeled in accordance with paragraph 

(f)(7). OSHA is allowing this to be labeled as a stationary 

process container. 

If the tanker truck or railroad tank car is used as a transport 

container in-house (e.g., internal railroad car system), (f)(7) 

does not apply and the container must be labeled in compliance 

with the workplace labeling rules in (f)(6)(i) or (ii), as the 

container is no longer stationary. 

 Consumer Product Safety Commission (CPSC) labeling: 

 Hazardous chemicals that are “consumer products” under the 

Consumer Product Safety Act or a “hazardous substance” 

under the Federal Hazardous Substances Act and subject to the 

labeling requirements of those laws are exempt from HCS 
50

labeling under paragraph (b)(5)(v). 

 CPSC labels often do not contain all the hazard information 

relevant to worker exposure, therefore a product containing 

both the CPSC label information and the HCS 2012 hazard 

information must be labeled so as to avoid contradicting or 

casting doubt on the hazard(s) of the chemical to workers who 

may use it. HCS label information may also be present as long 

as the HCS information does not cast doubt or cause confusion. 

See X.C.6 of this Instruction for a definition of Consumer 

Products.

 Food and Drug Administration (FDA) labeling:

CSHOs finding unlabeled designated medical gas cylinders should 

refer this issue to the FDA.

c. Small Container Labeling (e.g., small vial, bottle, tube).

 All shipped containers must be labeled with the required 

information in paragraph (f). Small container labels must contain 

all the information listed in paragraph (f); there are no exemptions 

from labeling due to the size of the container. Labeling can be 

done with pull-out labels, fold-back labels, tags or other methods. 

See June 2, 2013 LOI to Dr. Robert L. Watters, Jr. at

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_tabl

e=INTERPRETATIONS&p_id=28805 and September 11, 2013 

LOI to John Davies at

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_tabl

e=INTERPRETATIONS&p_id=29276

 OSHA will evaluate, on a case-by-case basis, other systems (e.g., 

labeling of the box) used for labeling smaller containers. This 

evaluation will be to determine compliance and not as an approval 

of a specific labeling system. 

 OSHA has granted the following practical accommodation for 

small container labels where manufacturers can show that it is not 

feasible to use pull-out labels, fold-back labels, or tags, containing 

the full HCS 2012-required information. OSHA does not consider 

an increase in cost for the use of tags, fold-back labels, or pull-out

labels an acceptable reason to use this practical accommodation. 
51

 The shipped small container (i.e., the actual container holding 

the hazardous chemical), at a minimum, must contain the 

following:

- Product identifier

- Appropriate pictogram(s)

- Signal word

- Manufacturer’s name and phone number

- A statement indicating the full label information for the 

chemical is provided on the outside package. 

 The outside packaging, at a minimum, must comply with the 

following:

‒ All the applicable label elements, as defined in (f)(1).

‒ The outside packaging described above is the object (e.g., 

bag, box) that the immediate product container is placed 

into; it does not refer to the exterior shipping container. 

‒ The outside package must be clearly marked to ensure the 

complete label elements are visible, and it must clearly 

inform users that the small container must be stored in the 

outer container bearing the complete label. The complete 

label must be maintained on the outer package (e.g., not 

torn, defaced, destroyed).

‒ The manufacturer must ensure that any alternative labeling 

used does not conflict with any other standards. As such, 

the external packaging must not present a hazard while the 

material is being stored (e.g., combustible material being 

stored in a flammable locker). 

 OSHA shall treat any deviation from the above practical 

accommodation as potential noncompliance with the 

requirements of (f)(1) and as such may issue citations for all 

required information not being present on the label. 
52

d. Kits.

 Some items are sold as individual components within a kit (e.g., a 

fiberglass repair kit contains multiple items: fiberglass resin and 

liquid hardener). 

 Each individual container of hazardous chemicals in a kit must 

have its own SDS and each chemical must be labeled on the 

container according to the requirements of (f)(1). 

e. Solid Materials.

For solid metal, solid wood, and plastic items that are not 

exempted as articles, whole grain, and in the circumstances noted 

in the second part of footnote 2 to Appendix C, C.4.30, the 

requirements of the HCS apply. 

 For each shipment of these materials there is a limited labeling 

exemption under (f)(4). A label can be provided prior to or with 

the first shipment. The label does not need to be transmitted for 

subsequent shipments. If the information on the label changes, the 

first shipment following the change must include an updated label.

 Materials which may create a combustible dust when processed 

may use the (f)(4) limited labeling exemption. See LOI to API 

found at 

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_ta

ble=INTERPRETATIONS&p_id=28949.

f. Portable Containers

Portable containers do not need to be labeled if the hazardous 

chemicals were transferred from a labeled container, and which are 

intended only for the immediate use of the employee who performs 

the transfer.

6. Inspection Guidelines for Labeling. 

a. CSHOs must determine that containers are labeled with the 

appropriate information, that the labels are legible, and that the 

labels are prominently displayed. 

b. Labels must be in English but may also be printed in other 

languages.
53

c. The CSHO must determine whether the product identifier can be 

cross-referenced with the SDS and to the inventory list of 

hazardous chemicals. 

d. CSHOs must evaluate the effectiveness of workplace (in-house)

labeling systems. This includes review of training, SDS 

procedures, and employee interviews (to determine their 

knowledge of chemical hazards in the workplace). An effective 

labeling system is one that ensures that employees are aware of the 

hazardous effects of the chemicals to which they are potentially 

exposed. 

e. Based on the requirements of (f)(1) and the definition of container, 

the label must be attached to the immediate container of the 

hazardous chemical (labeling for small containers and kits are 

discussed above).

f. CSHOs must evaluate alternative labeling provisions for containers 

which are difficult to label (e.g., small, odd shape) and the 

employer can show that it is not feasible to comply with the 

requirements of (f)(1) using pull-out labels, fold-back labels, or 

tags. The practical accommodation for small shipped containers 

can be found in section X.F.5.c of this Instruction.

g. Guidelines for referrals regarding inadequate labels are dealt with 

in Appendix G of this Instruction.

7. Citation Guidelines for Labeling. 

Citations shall generally be issued as serious unless otherwise noted. 

a. Chemical manufacturers, importers, and distributors shall be cited 

for the specific subsection(s) of paragraph (f)(1) for missing 

required sections of container labels. 

 Downstream users shall not be cited for deficiencies in 

manufacturers’, importers’, or distributors’ labeling. 

 If deficiencies are noted on a manufacturer’s or importer’s label 

during an inspection, the CSHO should make a referral to the Area 

Office that has jurisdiction over the manufacturer’s location. See 

Appendix G of this Instruction for a discussion of referral 

procedures and a sample letter to be sent to manufacturer(s) or 

importer(s).
54

b. If the company name is different on the SDS and the label, the 

citation shall be issued to the company who most recently put their 

name on the label or SDS. For example, if the company is 

repackaging a material and putting their name on the label but not 

on the SDS, the citation would be against the repackager and not 

the company on the SDS. In this instance, all citations related to 

the SDS and label would be issued to the repackager. 

c. A citation for labeling under (f)(1)(iv), referencing Appendix C, 

paragraph C.3.1, may be issued to the manufacturer or importer if 

the same pictogram is repeated multiple times. 

d. The employer may be cited for paragraph (f)(6)(ii) if workplace 

(in-house) containers of chemicals are not labeled or if the 

container is missing information such as the product identifier or 

hazard description. If the employer chooses to comply with the 

workplace labeling requirements by using the information from 

(f)(1)(i) through (f)(1)(v), but does not include all the information

or incorrectly includes the information from the shipped 

containers, the employer may be issued citations under paragraph 

(f)(6)(i). 

e. If the employer is labeling portable containers under the stationary 

process container labeling requirements, citations shall be issued 

under (f)(6)(ii).

f. If stationary process containers cannot be identified by the 

alternative method or are not labeled; if the alternative method 

does not convey the information required by (f)(6) to be on the 

label; and/or the stationary process containers are identified but the 

written material is not readily accessible to employees, (f)(7) shall

be cited. 

g. The removal or defacing (e.g., partial covering of the label by 

paint) of incoming labels (shipped container labels) shall be cited 

under paragraph (f)(9). However, if the container is immediately

marked with the required information, (f)(9) may not be cited. 

h. The employer shall be cited for paragraph (f)(10) if the in-house 

labeling is not legible (e.g., font size too small), written only in a 

language other than English, or not prominently displayed on the 

container/readily available in the work area.

i. When a CSHO is inspecting a manufacturer, importer or a 

distributor who has become the responsible party and discovers the 
55

labels were not updated within six months of becoming aware of 

new information, a citation shall be issued for (f)(11). A 

distributor becomes responsible if it has altered the manufacturer’s

or importer’s SDS or label. If the CSHO is inspecting an employer 

and the workplace labels have not been updated within six months 

of the employer becoming aware of new information (e.g., new 

information on the shipped container label), a citation shall be 

issued for (f)(11).

G. Safety Data Sheets (SDSs), Paragraph (g). 

1. General Requirements.

a. Chemical manufacturers and importers must develop safety data 

sheets in accordance with the HCS 2012 by June 1, 2015. 

b. Where a manufacturer or importer has asserted that it was unable 

to comply with the June 1, 2015 effective date due to 

circumstances beyond their control, the CSHO must determine if 

the manufacturer or importer has exercised reasonable diligence 

and good faith efforts to comply with the terms of the standard. In 

order to determine if a manufacturer or importer has established 

reasonable diligence and good faith efforts, the CSHO must review 

its overall efforts and action(s) taken to comply with HCS 2012. 

Upon request from a CSHO, a manufacturer or importer must 

provide documentation of any and all efforts to: 

 Obtain classification information and SDSs from upstream 

suppliers; 

 Find hazard information from alternative sources (e.g., chemical 

registries); and,

 Attempts to classify the data themselves.

In this limited circumstance, a manufacturer or importer must

update its material safety data sheet (MSDS) to an HCS 2012-

compliant SDS within three months from the date it has or receives 

all of the hazard information for the ingredient(s). The 

manufacturer or importer must provide the HCS 2012-compliant 

SDS downstream with the next shipment of the chemical and when 

requested by a distributor or employer. The chemical 

manufacturer or importer must not wait to create all of its SDSs all 

at once. Where a chemical manufacturer or importer has not 

developed an HCS 2012-compliant SDS within six months of 

receiving the necessary hazard information, a citation for a 

violation of 1910.1200(g)(2) shall be considered. Related 
56

violations of 1910.1200(d)(1), (d)(2), and (d)(3)(i) may also be 

considered.

c. The standard requires chemical manufacturers and importers to 

develop or obtain an SDS for each hazardous chemical they 

produce or import. This section, (g), was updated to require a 

standardized format of SDSs with specific information 

requirements for each section. For additional guidance, see 

http://www.osha.gov/Publications/OSHA3514.pdf.

d. The SDS must be provided and maintained in English. However, 

the SDS may be translated into other languages that workers speak 

to aid in comprehension and training. 

e. The SDS may not indicate that OSHA approved the classification,

as OSHA does not approve SDSs or classifications. 

f. OSHA does not maintain a national repository of SDSs. Each 

employer is required to maintain SDSs for each hazardous 

chemical they receive. Manufacturers and importers shall ensure

that distributors and employers are provided an appropriate SDS

with their initial shipment, and with the first shipment after a SDS 

is updated. 

g. The requirement to provide SDSs does not change due to label 

exemptions or special labeling circumstances (e.g., solid 

materials). 

h. Manufacturers, importers and distributors must supply the SDSs at 

no cost. 

i. If inadequate SDSs (or MSDSs) are found during inspections, 

referrals to other Area Offices will be carried out as outlined in 

Appendix G of this Instruction. 

j. Updating SDSs.

Chemical manufacturer’s or importer’s that become aware of 

significant new information must update their SDS within three 

months, (g)(5).

k. Products/chemicals requiring an SDS.

 SDSs must be obtained or developed for each hazardous chemical 

manufactured or imported. 
57

This includes developing SDSs for newly synthesized and/or 

uncharacterized chemicals. All the information that is known for 

these newly synthesized/uncharacterized chemicals must be 

provided on the SDS. This SDS must be provided when or if the 

chemical is distributed--even if the receiving party is the laboratory 

that is doing the characterization of the material. 

 If a solid material, not in dust form, has the potential to become a 

combustible dust in normal conditions of use or foreseeable 

emergencies, this hazard must be listed on the SDS.

 SDS requirements apply to free samples provided by chemical 

manufacturers and importers since the hazards remain regardless of 

the cost to the employer.

l. SDSs must be specific to the product (except as outlined below for 

generic mixtures) and manufacturer. 

 An individual SDS is required for the final product.

 Multiple SDSs from the individual components of a mixture 

may NOT be substituted for a single SDS that describes the 

hazards of the product or material. 

 The SDS must identify the hazards of the final

product/material, e.g., the flash point listed must be for the 

product; it is not acceptable to list the flash points for the 

individual components. 

 Generic mixture SDSs.

 A manufacturer, importer, or distributor may create one SDS to 

cover two or more mixtures that are composed of essentially 

the same ingredients, have similar hazards, but the specific 

composition varies from mixture to mixture (e.g., there may be 

a range but all products are Skin Category 1), (g)(4). A single 

SDS may also be created when there is a batch-to-batch 

variability in the production of a mixture.

 Where a single SDS is used for similar mixtures or in cases of

a batch-to-batch variability, concentration ranges of ingredients 

may be used. 
58

 For example, a group of products in a product line (such as 

paint) may be comprised of a base material and several 

additional ingredients (such as pigments) that vary from 

product to product. 

‒ If these additional ingredients have similar hazards that fall 

within the same cut-off values/concentration limits as that

of the base material and do not react, one SDS listing the 

different possible combinations of hazardous ingredients 

may be used for the entire line even though the quantities 

and number of pigments may vary from product to product. 

‒ If the ingredients being added have different hazards (e.g., 

one pigment is a carcinogen and the rest are not), the 

manufacturer or importer must use separate SDSs for the 

products with these additional hazards. 

m. Responsibility for the SDS

Any party who changes the SDS (for example, changing the name 

or identity of the chemical) becomes responsible for the SDS under 

(g) regardless of whether it is a chemical manufacturer, importer, 

distributor or employer.

n. Named party on the SDS

The named party on the SDS must be the same as the named party 

for the label. If there is a different company name on the SDS 

versus the label, the company that changed the name is responsible 

for both.

 If the employer is maintaining one SDS for a particular chemical 

but uses that same chemical from a different manufacturer or 

importer without obtaining/maintaining the SDS from the new 

manufacturer or importer, the employer is not compliant. 

 If the SDS received from the manufacturer, importer or distributor 

has a different responsible party name than that on the product

label, the employer must make a documented good faith effort to 

receive the appropriate SDS or they are not compliant. 

 If a CSHO encounters a situation where the manufacturer, importer 

or distributor is providing SDSs that list a different responsible 

party than that on the label, referral procedures outlined in 

Appendix G of this Instruction must be followed. 
59

 The company that has made the alteration (e.g., adding its name to 

the label but not to the SDS) is the company which violated the 

standard. 

o. SDS Content.

 SDSs must be in the format outlined in (g)(2) of the standard and 

contain at the minimum the information outlined in Appendix D of 

the standard. 

 All information needs to be filled in. If the company preparing the 

SDS does not have relevant information for any sub-heading 

within a section it must be marked “not applicable (N/A)” or 

“none” to indicate that no information was found, (g)(3). 

 The information supplied on the SDS must be accurate. The 

company preparing the SDS must accurately report their 

classifications which must be based on valid scientific data. 

 The named party is accountable for the content of the SDS (or 

MSDS). If the named party has information concerning the 

chemical (e.g., flash point), they are required to disclose that 

information on the SDS (or MSDS). 

 If the company has information that is not required by Appendix D 

of the standard to be disclosed, but it would provide pertinent 

communication about the safe use of the product (e.g., a chemical 

that can dissolve rubber), OSHA recommends this type of 

information be in Section 16, Other Information, of the SDS. 

p. Transmission of SDSs.

 The CSHO must ensure compliance with the SDS transmission 

provisions of the standard by reviewing the chemical 

manufacturer's, importer's, or distributor's program for transmitting 

the SDSs (including updated SDSs) to downstream users. 

The SDS must be transmitted with the first shipment of the 

chemical to each downstream location that receives the material; 

shipping the SDS to only one facility when the downstream 

customer has had the chemical delivered to multiple facilities is not 

in compliance. 
60

 Area Offices should expect to receive requests from employers to 

assist them in obtaining SDSs or labels in situations when an 

inspection has not been conducted. If the Area Director 

determines that the employer has tried to obtain the information, 

and has not been able to do so, a letter and/or telephone call from 

the Area Office to the supplier or manufacturer is the appropriate 

action in this situation. If a letter and/or telephone call from the 

Area Office do not resolve the issue, an inspection may be 

warranted of the manufacturer or distributor. See Appendix G of 

the Instruction for referral procedures.

 If the manufacturer, importer, or distributor chooses to transmit 

SDSs electronically they must:

 Ensure that the receiving employer has agreed to receive the 

SDS electronically. This is an “opt-in” system, the employer 

must agree to the use of electronic distribution; the 

manufacturer, importer or distributor cannot force an employer 

to accept electronic distribution of SDSs. 

 Ensure that the employer has all the information necessary to 

access the SDS (e.g., site address, passwords); the 

manufacturer must be able to verify that the employer has 

access and receives the SDS. 

 Ensure that the employer is notified when the SDS is updated; 

a system needs to be in place to verify that the employer is 

notified.

 The manufacturer, distributor, or importer cannot require the 

employer to purchase new technology in order to access the 

SDS. Nor can they require the employer to buy the media 

(e.g., CD, flash drive) containing the SDS. SDSs must be 

provided at no cost to the employer. 

 The employer may choose to “opt-out” of an electronic 

distribution system at any time. Subsequently, the 

manufacturer, importer or distributor must provide by nonelectronic means or a hard copy of the SDS with the next

shipment after the “opt-out” and whenever the SDS is updated. 

 The use of electronic distribution does not eliminate the 

manufacturer’s, or importer’s obligation under (g)(6)(iv) to

provide a hardcopy of the SDS upon request by the distributor 

or employer.
61

2. Requirements for Manufacturers and Importers.

a. Manufacturers or importers who choose to purchase SDSs for their 

products or obtain data from sources such as, but not limited to, 

internet providers or information from other SDSs (or MSDSs), 

retain responsibility for the downstream flow of information and 

for assuring SDS (or MSDS) accuracy. 

b. Manufacturers, importers and distributors are required to provide 

SDSs to each employer that use a hazardous chemical (retail 

establishments must provide SDSs to employers with commercial 

accounts, upon request). 

c. Manufacturers and importers are required to provide SDSs to 

distributors and employers upon request. 

The standard requires SDSs only for hazardous chemicals. The 

HCS does not require manufacturers, or importers to supply SDSs 

for non-hazardous chemicals. 

3. Requirements for Distributors.

a. Distributors who in good faith choose to rely upon the SDSs 

provided to them by the manufacturer or importer assume no 

responsibility for the content and accuracy of the SDS, unless the 

distributor changes the SDS. 

b. Distributors that only add their name to an SDS, without removing

the manufacturer’s or importer’s name and contact number, and

makes no other changes to the information on the SDS, is not 

responsible for any information on the SDS. 

c. Distributors who substitute their names on the SDS in place of the 

manufacturer’s or importer’s information become responsible for 

the accuracy and completeness of the SDS. 

d. The company name on the label and on the SDS must be the same. 

If the distributor removes the manufacturer’s name from the label 

but leaves it on the SDS, they are not in compliance with the 

standard. 

e. When a distributor has not received an SDS, the CSHO will 

recommend that the distributor contact the chemical manufacturer 

or importer` of the chemical and request an SDS. If the distributor 
62

fails to receive the SDS within a reasonable period of time, e.g.,

five working days, the Area Director shall follow the referral 

procedures in Appendix G of this Instruction.

4. Requirements for Employers.

a. If an employer has made a good faith effort to contact the 

manufacturer, importer or distributor because they have not 

received the SDS and still has not been able to receive an SDS, the 

Area Office may be contacted to provide assistance. A letter 

and/or telephone call from the Area Office to the manufacturer, 

importer or distributor is the appropriate action in this situation. 

See Appendix G of this Instruction. If the letter and/or telephone 

call do not resolve the issue, an inspection may be warranted of the 

manufacturer, importer, or distributor. See Appendix G of this 

Instruction for referral procedures.

b. Maintenance of SDSs

 Employers assume no responsibility for the content and accuracy 

of the SDS provided to them by the manufacturer, importer or 

distributor, unless the employer changes the SDS.

 Employers are required to maintain SDSs (or MSDSs) for each 

hazardous chemical they use. The HCS does not specify how the 

SDS (or MSDS) is to be maintained (e.g., paper, electronic), as 

long as employees have immediate access to the SDS (or MSDS)

in their work area. (Note: Older versions of SDSs (or MSDSs)

may still need to be maintained as an employee exposure record 

under OSHA’s Access to employee exposure and medical records 

standard, 29 CFR 1910.1020).

 If an SDS is provided for a non-hazardous material, the receiving 

party is not required under HCS to maintain that SDS. 

 Employers must maintain the most recent received version of the

SDS (or MSDS). When an SDS is received, it must replace the 

MSDS for the corresponding hazardous chemical. 

 Different manufacturers, importers and distributors may issue 

SDSs at different times. An employer that is maintaining an 

MSDS for a product not recently received, even after June 1, 2015,

would be considered to be compliant with HCS 2012, unless the 

manufacturer, importer or distributor has provided an SDS and the 

employer did not maintain the new SDS. 
63

 Maintenance of SDSs in electronic format. 

 The employer must not require employees to perform an 

Internet search (e.g., Google®, Yahoo®) to view/obtain the 

SDS. The employer may make SDSs available to employees 

on a company website or contract with an off-site/web-based

SDS service provider.

 If the employer is maintaining the SDSs on a company website or with an off-site/web-based SDS service provider that 

faxes them, they must ensure that:

‒ All employees have adequate computer or facsimile access,

with no restrictions;

‒ There is a backup procedure or system (e.g., paper, another 

electronic system) in place in case the computer or fax is

not functioning;

‒ The employees must be trained on how to access the SDSs 

(both on the computer and the backup procedure or 

system), and;

‒ There is a procedure or system in place to ensure that

employees can receive a hard copy if so desired and in 

cases of emergency (which must be transmitted to medical 

personnel). It is not acceptable to only transmit the 

information verbally. 

c. Employees must have unrestricted access to SDSs. This means the 

employer cannot require workers to ask for the SDS (e.g., stored in 

a locked office). 

d. There is no requirement to translate SDSs (e.g., into a foreign 

language, braille). However, it is recommended that the employer 

ensure that information from the SDS is available to employees in 

a manner they would understand easily in case of emergency. 

Employers may be cited if CSHO interviews reveal that workers 

do not have an understanding of the chemical hazards they work 

with or are in their work area.
64

e. Mobile Worksite Access. 

 SDSs may be stored at a primary workplace instead of a mobile, 

remote, or temporary worksite (e.g., construction worksite), as 

long as there are no restrictions to workers’ access. 

 If the SDSs are stored at the primary workplace, the employer 

must ensure there is no delay in a worker receiving a requested 

SDS while at any mobile, remote, or temporary worksite. 

 Access may be accomplished by having a representative 

always available at the primary workplace or through other 

technological means (e.g., email, smart phone, electronic 

tablet). 

 The employer must address in their written hazard communication 

program how SDS information will be conveyed to remote 

worksites.

f. OSHA will not cite companies for maintaining MSDSs when these 

products were received prior to June 1, 2015. 

 If the manufacturer has gone out of business, the employer’s 

responsibility is to maintain the SDS (or MSDS) for that product 

and not to create a new SDS. 

 The HCS 2012 does not require employers to contact 

manufacturers, importers or distributors to obtain new SDSs of

products for which they currently have MSDSs. 

 Employers may contact manufacturers, importers or distributors of 

products they have previously ordered from to request new SDSs, 

and if they do so, the manufacturer or importer must provide the 

SDS under section 1910.1200(g)(6)(iv). 

5. Requirements of Specific Sections of the SDS.

Specific issues that have arisen concerning sections of the SDSs are 

outlined here. Appendix H of this Instruction provides CSHO guidance 

when reviewing an SDS for completeness.

a. Section 1 - Identification.

 The SDS requires the inclusion of the contact information for the 

manufacturer in addition to emergency contact numbers. There is 
65

no requirement for the emergency number to be staffed 24 hours 

per day if the SDS specifies the restrictions on the contact hours. 

The emergency contact number can be for a company contracted to 

provide information in the case of an emergency (e.g., Chemtrec). 

 There must be someone available at the emergency phone number 

who is able to provide more information concerning the product. 

b. Section 2 – Hazard(s) identification.

 The classification must include the class and the category, e.g., 

Flammable Liquid, Category 1. 

 Hazard not otherwise classified (HNOC)

 HNOC must be listed in section 2 of the SDS. As HNOCs are 

identified through the 1910.1200(d) hazard classification 

process, it is permissible to include information on HNOCs 

under subheading (a). 

 The manufacturer, importer or distributor may include hazard 

symbols on the label or SDS for HNOCs as long as that symbol 

is not an HCS 2012 pictogram and does not contradict or cast 

doubt on the information that is required. 

 Precautionary statements are not required for combustible dust

hazards and, therefore, none are required in section 2 of the SDS if 

combustible dust is the only hazard listed. 

 Pictograms/symbols

 Appendix D of the HCS, section 2, states, “Hazard symbols 

may be provided as graphical reproductions in black and white 

or the name of the symbol, e.g., flame, skull and crossbones.” 

The hazard symbol is the symbol inside the frame of the 

pictogram. Therefore, just the symbol can be used or the name 

of the symbol can be used.

 If the pictogram is used, it may be printed in black and white. 

 If additional information is added to the required hazard statements 

or precautionary statements on the label, it is consistent to include 

that language on the SDS. 
66

 Responsible parties may add their own precautionary statements to 

section 2 of the SDS so long as they are relevant and do not 

contradict or cast doubt on the validity of the other information in 

the SDS. 

 Responsible parties may include rating systems (e.g., HMIS, 

NFPA) in section 2 of the SDS as long as they do not contradict or 

cast doubt on the HCS 2012 classification.

c. Section 3 – Composition/information on ingredients.

If a component may be released to create airborne concentrations 

above an OSHA PEL or an ACGIH TLV®, it is considered a health 

hazard and must be included on the SDS. 

d. Section 8 – Exposure controls/personal protection.

 The requirement to include PELs and TLVs®in section 8 of the 

SDS applies to any constituent or ingredient (including additives 

and impurities) that is present in the mixture or substance above its 

cut-off value, or if it is below the cut-off value but still contributes 

to the hazard classification of the mixture. 

 The list of constituents in sections 3 and 8 must be the same. 

 If a constituent does not have a PEL or TLV®, its exposure 

limit must be listed as “not applicable (N/A)” or “none.” If the 

manufacturer, importer, or distributor chooses to list another 

recommended occupational exposure limit, for example, 

NIOSH Recommended Exposure Limit (REL), the correct limit 

must be used or it must say “not applicable (N/A)” or “none.” 

 It is permissible to state, “The following constituents are the 

only constituents of the product which have a PEL, TLV or 

other recommended exposure limit. At this time, the other 

constituents have no known exposure limits.” 

e. Section 9 – Physical and chemical properties.

 All the items listed in Section 9 of Appendix D must be present on 

the SDS. If an item(s) is not applicable then it must be marked 

with “not applicable (N/A),” or “none.” 

 If the item is listed in another section (e.g., flash point also listed in 

section 5) it must still be listed in section 9.
67

 Other physical and chemical properties may also be listed in 

addition to listed items.

f. Sections 12-15 – Ecological Information; Disposal considerations; 

and Transport information.

OSHA is not requiring these sections to be filled out; however, the 

section headings must be present. 

g. Section 16 – Other information, including date of preparation or 

last revision.

This section is officially titled, “Other information, including date 

of preparation or last revision.” It is acceptable to shorten the title 

to “Other information” as long as the date of preparation or last 

revision is listed.

6. Inspection Procedures.

a. When inspecting manufacturers, importers or employers, CSHOs 

must evaluate the compliance status of this provision by examining 

a sample of SDSs to determine that the SDSs have been obtained 

or developed in accordance with HCS 2012. 

b. For manufacturers and importers, the following items must be 

considered when reviewing SDSs: 

 Providing SDSs of the individual components of a mixture is not in 

compliance with the standard. Manufacturers or importers must 

provide a single SDS for a mixture. 

 Does each SDS contain information which adequately addresses at 

least the elements required by the standard at (g)(2)(i)-(xvi)? Are 

the sections of the SDS corresponding with paragraphs (g)(2)(i) 

through (g)(2)(xi) and (g)(2)(xvi) of the standard accurately 

completed? 

 If no relevant information is available, the manufacturer, importer 

or employer must state that “no applicable information was found.” 

 The section numbers and headings required by paragraphs 

(g)(2)(xii) – (g)(2)(xv) must be present. However, OSHA is not 

enforcing the content of these SDS sections.
68

 Appendix H of this Instruction contains an outline of the required 

SDS sections and provides additional guidance about the 

information that needs to be included in these sections. 

 In the event that there are any questions concerning the accuracy or 

completeness of the product’s chemical ingredients listed in SDS 

section 3, “Composition/information on ingredients," the CSHO 

may contact the SLTC for assistance in determining the proper 

way to collect a bulk sample of the product in question for 

chemical analysis.

c. For employers, the following items must be considered when 

reviewing SDSs:

 Do employers have an SDS for each hazardous chemical in their 

workplace? 

CSHOs should review a representative number of SDSs against the 

company’s inventory list.

 Is the SDS current? – Employers must maintain the most current 

version of the SDS provided by the manufacturer, importer or 

distributor. For purposes of HCS 2012, it is not compliant to only 

maintain a version previously received if the employer has ordered 

the chemical after the date the manufacturer has updated the SDS. 

If the employer has not ordered the product after June 1, 2015, and 

is maintaining a current HCS 1994-compliant MSDS as of the last 

shipment received of the product, they are in compliance with the 

requirements of the standard. 

(Note: Older versions of SDSs (or MSDSs) may still need to be 

maintained as an employee exposure record under OSHA’s Access 

to employee exposure and medical records standard, 29 CFR 

1910.1020).

d. The CSHO shall ensure compliance with the SDS transmission 

provisions of the standard by reviewing the chemical 

manufacturer’s, importers’ or distributor’s program for 

transmitting the SDSs (including updated SDSs) to downstream 

customers.

7. Citation Guidelines. 

Citations shall generally be issued as serious, unless otherwise stated. 
69

a. Citations to manufacturers or importers for incomplete or 

inaccurate SDSs shall include an abatement requirement for the 

transmittal of corrected SDSs to all customers with the next 

shipment of the chemical. Citations shall not be issued to the 

employer for errors or deficiencies on the SDS when they are not 

responsible for the contents of the SDS. 

b. CSHOs shall cite (g)(1) whenever an inspection reveals that an 

employer does not have an SDS, unless a the employer can 

establish that a good faith effort has been made to obtain the SDS

(e.g., documented phone calls, email, letters) from the 

manufacturer, importer or distributor. 

c. If the complete manufacturer, importer or distributor contact 

information is located directly above section 1 of the SDS, it is a 

de minimis violation and a citation should not be issued. 

d. If a manufacturer or importer provides an SDS that does not 

contain the headings of sections 12-15, citations shall be issued 

under (g)(2)(xii) through (g)(2)(xv). NOTE: The headings are 

required to be present but OSHA is not requiring information to be 

in these sections as this information is not within OSHA’s 

jurisdiction. Citations in this situation shall generally be issued as 

other-than serious; if appropriate they should be grouped. 

e. If the manufacturer or importer has not provided the SDS at the 

time of shipment, a citation shall be issued under (g)(6)(i). 

f. If the manufacturer or importer did not provide the SDS upon 

request, a citation shall be issued under (g)(6)(iv). 

g. If the distributor did not provide the SDS with the shipment, a 

citation shall be issued under (g)(7)(i). 

h. If the retail distributor did not provide the SDS upon request, a 

citation shall be issued under (g)(7)(iii).

i. If the wholesale distributor did not provide the SDS upon request, 

a citation shall be issued under (g)(7)(vi). 

j. If an employer possesses an SDS but it is not readily accessible to 

employees while in their work area, a citation shall be issued under 

(g)(8). 
70

Violations of (g)(8) shall also be cited when an employer using 

electronic access as an integral part of the hazard communication 

program does not have an adequate backup system to address 

emergency situations.

k. On multi-employer worksites, citations for violations of (g)(8) of 

the standard shall be issued to the employer responsible for making 

the SDS(s) readily accessible, as discussed below. 

 For example, if an employer on a multi-employer worksite brings 

hazardous chemicals onto that site and fails to inform other 

employers about the presence of those chemicals and/or the 

availability of the SDS(s), that employer shall be cited for violation 

of (g)(8) grouped with (e)(2)(i). 

 If the employer uses a general contractor or other employer as an 

intermediary for storage of the SDS(s), and that intermediate 

employer has agreed to hold and provide ready access to the 

SDS(s), then the intermediate employer becomes the controlling 

employer, and is responsible for ensuring the availability of the 

SDS(s). 

 If the SDS(s) are not available because the subcontractor or 

immediate employer failed to make them readily accessible, then 

the subcontractor shall be cited for violation of (g)(8).

H. Employee Information and Training, Paragraph (h). 

1. Training Requirements.

a. The standard requires the employer train employees on hazardous 

chemicals in their work area. 

b. Training is required to be provided at no cost to the employees. 

Employees must be paid for the time they spend at training. 

c. The employer is responsible for ensuring that employees are 

adequately trained, regardless of the method (e.g., contractorprovided training) relied upon to comply with the training 

requirements. 

The training provisions of the HCS are not satisfied solely by 

giving employee the data sheets to read. An employer's training 

program is to be a forum for explaining to employees not only the 

hazards of the chemicals in their work area, but also how to use the 
71

information generated in the hazard communication program. This 

can be accomplished in many ways (audiovisuals, classroom 

instruction, interactive video), and should include an opportunity 

for employees to ask questions to ensure that they understand the 

information presented to them. 

Furthermore, the training must be comprehensible. If the 

employees receive job instructions in a language other than 

English, then the training and information to be conveyed under 

the HCS will also need to be conducted in a foreign language .

d. Training is required at the time an employee is assigned to work 

with any hazardous chemical and whenever a new hazard is 

introduced into the employee’s work area. The requirement for an 

employer to provide updated training is based on the hazard, not 

the chemical. However, an employer may choose to train based on 

the chemicals.

 For example, if an employee is working with one flammable 

solvent and a second flammable solvent is introduced, the training 

does not need to be updated. However, if the employee is working 

with a flammable solvent and a corrosive is introduced, the 

training needs to be updated. 

 In multi-employer worksites the employer is responsible for 

providing updated training when their employees are exposed to 

new hazards, even if these hazards are created by other employers. 

e. Training for each employee needs to cover the details of the hazard 

communication program including: 

 Labeling requirements.

 Training on labeling includes information about shipped 

container labels.

 The workplace labeling system used by the employer. For 

example, if the workplace labeling system includes HMIS or 

NFPA rating systems, workers must be trained to understand 

what these systems mean, how to utilize the information, etc. 

 If the employer has hazardous chemicals labeled under HCS 

1994 in the workplace, the employer must provide training on 

the different labeling systems to ensure that employees 
72

understand that the lack of pictograms, hazard statements, etc.,

do not mean that the hazards do not exist. 

The employer must ensure that employees understand that the 

labeling system for shipped containers has changed since the 

purchase of these items. The employer must also ensure that 

employees are aware of where they can get all the information 

on the hazards of these chemicals. Whether a citation is 

warranted must be evaluated on a case-by-case basis. 

 Safety Data Sheets requirements:

How to obtain and use the hazard information on an SDS

(including the format).

If the employer is maintaining MSDSs for products received prior 

to June 1, 2015, the employer must provide training covering the 

differences between MSDSs and SDSs and how to utilize the 

MSDS.

 Information and training (general) requirements:

 What operations have hazardous chemicals present; how 

employees are to protect themselves from hazardous chemicals.

 Location and availability of the written HCS program including 

the required list(s) of hazardous chemicals and SDSs

 How the employer monitors (e.g., monitoring devices, visual, 

odor) for hazardous chemicals.

 The physical and health hazards (including hazards not 

otherwise classified) of the chemicals in the work area. 

 Measures employees can take to protect themselves from the 

hazardous chemicals including any specific procedures (e.g., 

work practices, emergency procedures, PPE).

2. Training elements.

a. Training must be provided a manner that the employees 

comprehend. 
73

b. If employees do not speak English and are given work instructions 

in a foreign language, the training must be provided in that 

language. 

c. If employees have low literacy, training must be provided so they 

can understand it (e.g., verbal instruction vs. reading documents). 

d. A self-paced, interactive computer-based training can serve as a 

valuable training tool in the context of an over-all hazard 

communication training program. However, use of computer-based 

training by itself would not be sufficient to meet the intent of the 

standard's various training requirements. Employees must have the 

opportunity to ask questions and receive responses in a timely 

manner.

3. Temporary Employees.

a. Staffing agencies and host employers share control over temporary 

employees, and are therefore jointly responsible for ensuring that 

they are effectively informed and trained regarding exposure to 

hazardous chemicals. When employees from a temporary agency 

are working at a site where hazardous chemicals are being used,

the responsibility for training is shared by the staffing agency and 

the host employer. In order to ensure that employers have 

complied with all requirements of the HCS, contracts between 

staffing agencies and host employers should be examined to 

determine if they set out the training responsibilities of both 

parties.

Staffing agencies must, at a minimum, provide generic training to

their employees on the requirements of the HCS applicable to 

different occupational settings and have a duty to inquire and 

verify that the host, in turn, has adequately fulfilled its shared 

training responsibilities for assigned employees. 

The host employer (the company using temporary workers) holds 

the primary responsibility for training since it uses or produces 

chemicals, creates and controls the hazards, and is therefore best 

suited to inform employees of the chemical hazards specific to the 

workplace environment through site-specific training. This duty 

includes identifying and communicating worksite-specific hazards 

and providing appropriate protective equipment to temporary 

workers. The HCS training provided to temp workers should be 

identical or equivalent to that given to the host’s own employees 
74

performing the same or similar work.

4. Inspection Guidelines for Training. 

a. Employee interviews.

 Training programs must be evaluated through program review and 

interviews with management and employees. The CSHO must 

interview employees to determine if they have an adequate 

understanding of workplace chemical hazards. 

 It cannot be expected that employees will recall all information 

provided in the training and be able to repeat it. 

 Employees must be aware of the hazards to which they are 

exposed to, know how to obtain and use information on labels 

and SDSs, and know and follow work practices, including use 

of any protective measures referenced on SDSs and labels.

 If the CSHO detects a trend in employee responses that 

indicates training is not being conducted, or is conducted in a 

cursory fashion that does not meet the intent of the standard, a 

closer review of the training program and its implementation is

necessary. 

b. Paragraph (h) requires that information and training be provided to 

employees regarding the hazards of all chemicals in their work 

areas, including by-products and hazardous chemicals introduced 

by another employer, provided that they are known to be present in 

such a manner that employees may be exposed under normal 

conditions of use or in a foreseeable emergency.

c. The following are some of the issues a CSHO should focus on:

 Is a training program in place? 

 Have workers been trained prior to initial assignment?

 Have workers been trained when a new hazard is introduced?

 Do workers know how to access SDSs? (This includes sufficient 

computer skills to access SDSs stored on a computer.)

 Do workers understand the workplace (in-house) labeling system?
75

During the interviews, the CSHO must ensure that an employer 

who relies on alternative labeling under (f)(6)(ii) has provided a 

level of employee awareness through training which equals or 

exceeds that which would have been achieved had the employer 

used labels containing all the information from the shipped 

container.

 The CSHO shall evaluate the effectiveness of any alternative 

labeling method by determining whether employees can correlate 

the visual warning on in-plant containers with the applicable 

chemical and its appropriate hazard warnings. Also, a 

determination should be made whether training been provided on 

emergency procedures. 

 Paragraph (h)(3)(iii) requires training of employees on (among 

other things) the measures employees can take to protect 

themselves from hazards, including emergencies.

 See section XI.B for a discussion of the interaction of 

1910.1200 and 1910.120, Hazardous Waste Operations and 

Emergency Response.

 CSHOs should determine if any workers are employed by outside 

contractors (such as temporary employment agencies). To 

establish if an employer-employee relationship exists, the CSHO 

should determine the following: 

 Who controls the manner and means by which work is 

accomplished? 

 Who supervises the employee on a day to day basis and 

evaluates the work quality? 

 What is the nature and location of the work? 

 Who determines the worker's schedule? (Time of 

arrival/hours/days worked?) 

 Who provides required instruments, tools, and equipment? 

 What is the history and duration of the relationship between the 

parties? 

 To what extent can the client/host employer choose a particular 

worker? 
76

 Who has the right to assign new projects to the worker? 

 What is the extent of the party's control over when and how 

long the employee works? 

 Who provides payment and method of payment? 

 Who provides non-salary benefits, if any? 

 Who determines whether a worker gets a raise/bonus? 

5. Citation Guidelines for Training. 

Citations for training violations shall generally be issued as serious unless 

otherwise noted. 

a. If no form of employee training has been provided or the training 

in general is inadequate, citations shall be issued under (h)(1) and

state why the training provided was inadequate or not effective. 

b. If the employer did not provide the required information 

concerning the training program, the standard, and the operations 

where hazardous chemicals are present, a citation for the 

appropriate subsection of paragraphs (h)(2)(i) through (h)(2)(iii) 

shall be issued. The citations for the subsections of (h)(2) shall be 

grouped.

c. If the employer did not provide training that covered detection of 

hazardous chemicals, physical and health hazards of the chemicals, 

how employees should protect themselves, and the details of the 

hazard communication program, a citation for the appropriate 

subsection of paragraphs (h)(3)(i) through (h)(3)(iv) shall be 

issued. The citations for the subsections of (h)(3) shall be grouped. 

I. Trade Secrets, Paragraph (i).

1. Background.

a. The chemical manufacturer or importer may withhold the chemical 

identity and percentage of the substance in a mixture as a trade 

secret. 

b. If the chemical manufacturer or importer withholds the identity or 

exact composition of any constituent, the SDS must indicate in 
77

Section 3 that the constituent(s) and/or exact percentage(s) are 

being withheld as trade secrets. Otherwise the SDS is out of 

compliance. 

c. When withholding the percentage of the substance as a trade 

secret, the manufacturer or importer may disclose a percent range 

in section 3 of the SDS. 

d. If the manufacturer or importer is issuing SDSs, trade secret 

violations will be under the new standard. 

e. Despite the claim that a hazardous chemical, or a constituent 

thereof, is a trade secret, the PEL, TLV, or other designated 

exposure limit must be included on the SDS. 

f. Even when a chemical's identity or exact concentration is rightfully 

withheld as a trade secret, its release may be required by the trade 

secret access provisions in paragraph (i).

g. State laws do not preempt the trade secret disclosure requirements 

of the HCS.

h. OSHA requires the responsible party for the SDS to use the words 

“trade secret” when withholding constituent(s) as trade secrets. 

The use of other language is not in compliance with (i)(1)(iii).

2. Evaluating Trade Secret Claims.

a. If a question concerning the validity of the trade secret occurs, the 

Area Office should discuss the issue with the Regional Hazard 

Communication Coordinator. 

b. The Regional Hazard Communication Coordinator shall contact 

the National Office, if necessary. 

3. Non-Emergency Situations.

During non-emergency situations, health professionals are entitled 

to trade secret information when providing medical or other 

occupational health services to exposed employees. Employees 

and their designated representatives are also entitled to trade secret 

information. 
78

a. If these individuals are denied access to trade secret information, 

the matter must be referred to the appropriate Area Office for 

enforcement proceedings. 

 As stipulated in the standard, the Area Office should receive from 

the referring health professional, employee, or designated 

representative a copy of the written request for the trade secret 

information, as well as a copy of the written denial provided by the 

holder of the trade secret. These two written documents will be 

reviewed by the Area Director to determine the validity of the 

request and the trade secret claim. The Regional Solicitor should

be consulted to provide assistance in this regard. 

 If the manufacturer does not respond to the referring health 

professional, employee, or designated representative in writing in a 

timely fashion, the requestor should document this and provide this 

information when referring the situation to the Area Office.

 If the Area Director does not believe that there is enough 

information upon which to base a decision, he/she may contact 

either the trade secret requester or the trade secret holder for 

further information. Such requests will be documented in the case 

file. 

4. Emergency Situations.

a. The HCS permits a treating physician or nurse to designate that a 

medical emergency exists, requiring the immediate disclosure of 

trade secrets. 

b. Due to the potential risk to life and/or health, the Area Director 

shall ensure that these referrals are processed as soon as received. 

The Area Director or his/her designee will contact the 

manufacturer of the chemical by telephone. 

c. The manufacturer will be informed of the standard's requirements 

and requested to immediately provide the needed information 

directly to the treating physician or nurse. The designation of an 

incident as a medical emergency is left to the discretion of the 

treating physician or nurse; the manufacturer may not challenge 

the medical provider’s decision in that regard.
79

5. Inspection Guidelines. 

a. CSHOs may request disclosure of trade secret identities and exact 

concentrations under paragraph (i)(12) of the HCS. The 

manufacturer, importer or employer withholding the information 

must disclose the information to the CSHO, as required by (i)(12). 

b. OSHA shall take all steps feasible to protect trade secret identities, 

including secure filing and return of information or the destruction

of trade secret information when its use is completed. 

6. Citation Guidelines. 

Citations for trade secret violations shall generally be issued as serious 

citations unless otherwise noted.

a. In response to non-emergencies, where OSHA believes that the 

chemical manufacturer, importer or employer cannot support the 

trade secret claim, the withholding of a specific chemical identity

or exact percentage concentration shall be cited as a violation of 

paragraph (g)(2)(i) or (g)(2)(iii), respectively. 

Where OSHA does not question the claim that a specific chemical 

identity or exact percentage concentration is a trade secret, but the 

employer has failed to comply with paragraph (i)(1)(i), (ii), (iii) or 

(iv), such failure shall be cited. For example, the employer claims 

a trade secret exists but failed to indicate on the SDS that the 

specific chemical was being withheld for that reason, as required 

under paragraph (i)(1)(iii). 

b. For medical emergencies, failure to disclose the information shall 

result in the issuance of a willful citation to the manufacturer, or 

importer, if the elements of a willful citation can be established. 

See the FOM Chapter 4, section V. 

In many cases the medical facility that is seeking the information 

will be located in a different jurisdiction than the chemical 

manufacturer or importer. In this case the local Area Office 

contacted by the medical facility will refer the issue and provide 

all necessary information to the Area Office that has jurisdiction 

over the manufacturer or importer. 

The Area Office with jurisdiction over the manufacturer/importer 

will coordinate obtaining an administrative subpoena ordering the 

immediate disclosure of the needed information. Federal Court 
80

orders shall be sought immediately if the administrative subpoena 

is not effective in obtaining the information.

J. Effective Dates.

1. Transition Period, May 26, 2012 - June 1, 2016.

a. Employers are required to comply with either HCS 1994 or HCS 

2012 or both during the transition (or implementation) period.

 If the manufacturer or importer issues a HCS 1994 MSDS or label 

it cannot use the hazard classification criteria approach (HCS 

2012), but must follow the hazard determination criteria using the 

requirements laid out in HCS 1994. 

A manufacturer or importer may not make a hazard determination 

under HCS 1994 and use it as a basis for an SDS or HCS 2012-

compliant label.

The manufacturer may not avoid fully classifying the hazards of 

the product by claiming it is complying with both standards (e.g., 

classifying toluene as a flammable liquid and putting this 

information on the SDS and label but not including the target 

organ information on the label and SDS).

 

 The manufacturer or importer may not partially implement the 

revised standard for a label or SDS for an individual product (e.g., 

not include all the required precautionary statements on the revised 

label, or not including all the required information on the SDS. 

The labels and MSDSs/SDSs must fully comply with either HCS 

1994 or HCS 2012. Violations shall be issued under both HCS

1994 and 2012. 

 During the transition period it is acceptable to have HCS 1994 

labels and HCS 2012 SDSs or vice versa. However, SDSs and 

HCS 2012 labels must have the information from the hazard 

classifications, whereas MSDSs and HCS 1994 labels must have 

the information from hazard determinations. 

b. Citation Guidance.

 If a CSHO finds a violation of either HCS 1994 or 2012, citations 

shall be issued for both HCS 1994 and HCS 2012. 
81

 Distributors shall not be cited for providing downstream customers 

with MSDSs during the implementation period unless the 

manufacturer or importer has already provided the distributor with 

SDSs.

 Paragraph (j) is not a citable paragraph.

2. On or After May 25, 2012.

a. OSHA’s stay of enforcement on updating labels under (f)(11) of 

HCS 1994 was removed by the final rule. The (f)(11) provision 

became effective 60 days after the promulgation of the final rule 

(March 26, 2012). All manufacturers, importers and distributors 

who are the responsible party for the product must update their 

labels within six months of becoming aware of new information,

whether following HCS 1994 or HCS 2012.

b. No other effective date was specified for the trade secret provisions 

of the standard. Therefore, these provisions were effective May 

25, 2012. 

3. On or After December 1, 2013.

All training violations shall be issued under HCS 2012.

4. On or After June 1, 2015.

a. Manufacturers and importers must be using the hazard 

classifications outlined in Appendices A and B of the standard. 

b. Manufacturers, importers and distributors must ship HCS 2012-

compliant SDSs.

c. Manufacturers and importers are required to ship only containers 

with labels compliant with HCS 2012. 

When a manufacturer or importer is relying on hazardous chemical 

information from an upstream manufacturer or importer supplier to 

complete their own SDS development for their downstream customers, 

CSHOs shall evaluate, on a case-by-case basis, the due diligence and good 

faith efforts to obtain the SDS information for the ingredients. See 

Section X.F.2.h for further guidance.
82

5. On or After December 1, 2015.

Distributors must ship containers that are labeled compliant with HCS 

2012. 

A CSHO will determine on a case-by-case basis, whether a distributor 

exercised reasonable diligence and good faith to comply with the 

December 1, 2015 effective date. In making such determination, a CSHO 

shall consider whether the distributor is able to document its 

communication with the manufacturer or importer about the circumstances 

for the noncompliance with HCS 2012. See Section X.F.2.h for further 

guidance.

6. On or After June 1, 2016. 

a. Employers must update any alternative workplace labeling for 

changes related to HCS 2012, their HCS program required by 

(h)(1), and provide any additional employee training in 

accordance with (h)(3) for newly identified physical or health 

hazards. For workplace labeling, in most cases, if the workplace 

labeling is HCS 1994-compliant, no changes will be necessary.

b. The employer may maintain shipped containers with HCS 1994-

compliant labels. However, the employer must ensure that 

employees understand the differences between the HCS 1994-

compliant labels and HCS 2012-compliant labels, and the lack of 

pictograms, signal words, etc., does not mean the chemical may 

not present the same hazards.

c. Paragraph (h)(1) requires employees to be trained on new chemical 

hazards introduced into an employee’s work area. Paragraph 

(h)(3) includes required training on labels received by the 

employer on shipped containers and on the employer’s workplace 

labeling system. The (j)(2)(ii) effective date allows for an extra 6 

months from the deadline for distributors to ship containers that are 

labeled compliant with HCS 2012. This extra time allows the 

employer to review all the new information it receives as a result 

of the revisions and provide new training if necessary. 

7. See Appendix E of this Instruction for a quick reference table on the 

effective dates, explained in detail above. 
83

XI. Interface with Other OSHA Standards.

A. Interactions.

1. In some cases, an employer's duties under other OSHA standards dovetail 

with requirements of the HCS, resulting in simplified compliance (e.g., 

1910.1026, Chromium VI). 

2. In some cases, substance-specific standards have more requirements than 

the HCS (e.g., specific label requirements under 1910.1001, Asbestos). In 

those cases the CSHO needs to ensure that the employer is complying with 

the more stringent requirements.

3. Appendix I of this Instruction includes a list of the OSHA standards that 

have been affected by the update to the HCS. 

 

B. Hazardous Waste Operations and Emergency Response (HAZWOPER), 29 CFR 

1910.120.

1. Hazardous waste, as defined under the Solid Waste Disposal Act, 21 

U.S.C. 6901 et seq, when subject to regulations issued by the 

Environmental Protection Agency (EPA) under that Act, is not covered by 

the HCS, as per (b)(6)(1). If the hazardous waste is not regulated by the 

EPA, then the requirements of the HCS apply. 

2. Hazardous substances, as defined under CERCLA, which are the focus of 

remedial or removal action being conducted under CERLCA in 

accordance with the EPA regulations, are not covered by the HCS, as per 

(b)(6)(ii). 

3. Chemicals (other than hazardous waste and hazardous substances, as 

discussed above) brought onto hazardous waste sites are covered by the 

HCS.

4. HAZWOPER does not cover response to incidental spills that do not have 

the potential for becoming an emergency. Training for responding to such 

incidental spills would be under the HCS and would include, at a 

minimum, leak and spill cleanup procedures and the use of appropriate 

personal protective equipment (PPE).

5. HAZWOPER has training requirements for emergency procedures, as 

does the HCS. The scope and extent of employee training regarding 

emergency procedures will depend upon the employer's emergency 
84

response plan. If the employer merely intends to evacuate the work area, 

the training in emergency procedures could be limited to, for example, 

information on the emergency alarm system in use at the worksite, 

evacuation routes, and reporting areas. 

6. Employees that are required to respond to spills that have the potential for 

becoming an emergency are covered by the provisions of 1910.120(q). 

(See definition of emergency response in 1910.120(a)(3).) Therefore, in 

workplaces where there is a potential for emergencies, the employer’s 

HCS training program would have to address the HAZWOPER 

emergency response plan and/or emergency action plan. Training under 

the HCS can be adapted to encompass all of the required training 

competencies in 29 CFR 1910.1200(q)(6)(i), the first responder awareness 

level, and a single training could be fashioned to satisfy the requirements 

of both standards.

C. Access to Employee Exposure and Medical Records, 29 CFR 1910.1020.

1. The Access to Employee Exposure and Medical Records standard, 29 

CFR 1910.1020, and the HCS overlap with regard to SDSs. MSDSs are 

specifically identified as exposure records under 29 CFR 

1910.1020(c)(5)(iii). The "Access standard" discusses the requirement to 

maintain exposure records for 30 years, 29 CFR 1910.1020(d)(1)(ii); 

however, there is an alternative to keeping the MSDSs at 

1910.1020(d)(1)(ii)(B), which reads as follows: 

"Material safety data sheets and paragraph (c)(5)(iv) records 

concerning the identity of a substance or agent need not be retained 

for any specified period as long as some record of the identity 

(chemical name, if known) of the substance or agent, where it was 

used, and when it was used is retained for at least thirty (30) 

years." 

Although MSDSs have been replaced by SDSs in HCS 2012, the 

applicability of this provision in the Access standard is not changed. 

Therefore, any reference to MSDSs is interpreted to also apply to SDSs.

2. Paragraph (e)(4) of the HCS requires employers to make the written 

hazard communication program available upon request to employees, their 

representatives, OSHA or NIOSH, in accordance with the requirements at 

29 CFR 1910.1020(e). Section (e) of 29 CFR 1910.1020, requires the 

employer to provide a copy of the requested record (in this case, a copy of 

the written hazard communication program) "in a reasonable time...but in 

no event later than fifteen (15) days...." This means although the hazard 

communication program must be available at all times for employee 
85

access, the employer has up to 15 days to copy the program and provide it 

to the employee or employee representative who requests a copy. 

D. Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR 

1910.1450.

1. When evaluating a laboratory, the type of laboratory (e.g., research, 

quality control) needs to be determined. The definitions of a “laboratory” 

are different in the HCS and the “Laboratory” standard, 29 CFR 

1910.1450.

2. Laboratory Standard (29 CFR 1910.1450) Coverage.

a. The Laboratory standard covers only laboratories meeting the 

criteria of "laboratory use" and "laboratory scale" and excludes 

procedures that are part of a production process. See 

§1910.1450(b), Definitions. 

In most cases, research laboratories are covered under the

Laboratory standard. However, if the research laboratory is also 

shipping chemicals, it must provide labels and safety data sheets in 

accordance with the HCS. 

b. In most cases, quality control and production laboratories are not 

covered under 29 CFR 1910.1450 but are considered laboratories 

under the HCS and will be covered by paragraph (b)(3) of the 

HCS. 

c. The only updates to the Laboratory standard due to HCS 2012 are 

to the definitions section. Some definitions have been changed to 

align with the HCS 2012 definitions, e.g., health hazard definition. 

3. The HCS covers manufacturers of chemical specialty products.

a. Some manufacturers of chemical specialty products have 

incorrectly interpreted the laboratory provisions at 1910.1200(b)(3)

as exempting them from coverage. OSHA considers these 

operations to be manufacturing processes, and, therefore, they 

must comply with all the requirements of the HCS. 

b. A pilot plant operation is considered to be a manufacturing 

operation and is covered under the HCS. 

c. Establishments such as dental, photo finishing, and optical 

laboratories are not considered laboratory operations for the 
86

purposes of the Laboratory standard since they are engaged in the 

production of a finished product.

E. Other Health Standards. 

1. Employers must comply with the hazard communication requirements of

substance-specific standards. 

2. Labels.

a. Most substance-specific standards have specified requirements for 

labeling. For example, the Ethylene Oxide (EtO) standard, 29 

CFR 1910.1047, provides a different labeling requirement than the 

HCS. Employers are required to affix labels to containers of EtO 

in the workplace whose contents are capable of producing 

employee exposure at or above the action level or whose contents 

may reasonably be foreseen to cause employee exposure above the 

excursion limit for EtO (see paragraph 1910.1047(j)(2)(ii)(A)).

b. The substance-specific requirements may also include the 

requirement to include specific language on the labels. For 

example, the Formaldehyde standard, 29 CFR 1910.1048(m)(2),

requires the following specific language on the label (in addition to 

the HCS 2012-required language) when the product is capable of 

producing employee exposures capable of releasing formaldehyde 

at levels of 0.1 ppm to 0.5 ppm:

 Identify that the product contains formaldehyde;

 List the name and address of the responsible party, and;

 State that physical and health hazard information is readily 

available from the employer and from safety data sheets.

3. See the Federal Register notice for HCS 2012 for more specific changes to 

other substance-specific standards. 

F. Use of the HCS to Support a Violation of the General Duty Clause. 

1. General.

a. In the preamble, 77 Fed. Reg. 17574, 17584 (Mar. 26, 2012), 

OSHA explained this HCS revision will "enable employers and 

employees to increase their recognition and knowledge of chemical 
87

hazards and take measures that will reduce the number and severity 

of chemical-related injuries and illnesses."

b. The information on the SDS is particularly valuable for chemicals 

with no OSHA PEL because it may be used by employers to help 

comply with their general duty under § 5(a)(1) of the OSH Act to 

protect workers from serious, recognized hazards. This includes 

protecting workers from overexposures to hazardous chemicals

with no OSHA PEL. 

c. However, not all chemicals for which employers receive an SDS 

will necessarily present a hazard in every workplace. Employers 

should consider the information in the SDS along with their 

knowledge of actual conditions in their workplaces to determine 

whether they must take additional steps to protect employees.

d. Other standards that must be considered prior to using the General 

Duty Clause are outlined in Appendix K of this Instruction and the 

FOM. 

e. During inspections, CSHOs should refer to the employer’s SDSs to 

begin investigating whether serious chemical exposure hazards 

exist and whether the employer has discharged its duty under the 

general duty clause, if there is no PEL for the chemical. The four 

required elements to a Section 5(a)(1) violation are:

 A hazard exists in the workplace;

Hazard information must be listed in sections 2, 8, 10, and 11 of 

the SDS. The same hazard information was also required by 

previous versions of the HCS, but its location on the MSDS was 

not standardized.

 Section 10 must identify the chemical's stability and reactivity 

properties.

 Section 11 must describe the chemical's toxicological 

information. 

 The employer or the employer's industry recognizes the hazard;

 Employers are required under 1910.1200(g)(1) to have an SDS 

in the workplace for each hazardous chemical they use, and to 

use the information in those sheets when they train their 
88

employees about the hazards of the chemicals to which they are 

exposed under 1910.1200(h)(3)(iv). 

 If an employer has taken these required steps, and if the SDS 

accurately describes the chemical's hazards, the employer will 

have actual recognition of the hazard. CSHOs should 

document who should have received or received the SDS.

 An SDS may also help show that the employer's industry 

recognizes the hazard, particularly if the chemical in question 

is widely used in the industry.

 The hazard is likely to cause death or serious bodily injury;

 The SDS description of the nature and seriousness of the 

hazard(s) presented to workers may be relevant to determining 

whether the hazard could cause death or serious physical harm. 

 Section 11 of the SDS must describe the toxicological effects 

of the chemical, including likely routes of exposure and 

symptoms of overexposure related to the chemical's 

toxicological characteristics. 

 As noted above, employers need to consider this evidence in 

conjunction with other available information, including 

information about how workers are actually exposed to the 

chemicals, to determine the extent of protection they must 

provide. 

 Feasible means exist to eliminate or materially reduce the hazard. 

Section 8 of the SDS must set forth appropriate measures to protect 

employees from overexposures, including engineering controls, 

and personal protective clothing and equipment. CSHO should 

document the feasibility of abatement for the specific workplace.

In summary, where there is potential hazardous exposure to a chemical with no 

PEL, CSHOs should consider issuing a Section 5(a)(1) citation in accordance with 

the above guidance and the FOM, by taking into account information in the 

chemical's SDS.

G. Effective Dates.

1. The effective dates for implementing the changes to other OSHA 

standards altered by the HCS 2012 revision are specified in each standard;

refer to the individual standards to determine the appropriate dates. 
89

a. For standards where the change affected the warning signs, listed 

in Appendix J of this Instruction, the effective date is June 1, 2016.

b. For expanded health standards where HCS 2012 affected the 

chemical labels, the effective date is June 1, 2015. 

2. Any change that does not have a specified effective date (e.g., definition 

changes) was effective as of May 25, 2012. 
A-1

Appendix A

Table of Contents for Appendices A and B of the Hazard Communication Standard

This list is provided for easy reference to the chapters of Appendices A and B of the Hazard 

Communication standard (HCS). This Appendix provides CSHOs with an easy way to quickly 

find the appropriate chapters when reviewing the classification of chemicals. Please review each 

chapter of the Appendices to the HCS as needed. 

Appendix A: Health Hazard Criteria

A.0 General Classification Considerations

A.0.1 Classification

A.0.2 Available data, test methods and test data quality

A.0.3 Classification based on weight of evidence

A.0.4 Considerations for the classification of mixtures

A.0.5 Bridging principles for the classification of mixtures where test data are not available for 

the complete mixture

A.0.5.1.1 Dilution

A.0.5.1.2 Batching

A.0.5.1.3 Concentration of mixtures

A.0.5.1.4 Interpolation within one toxicity category

A.0.5.1.5 Substantially similar mixtures

A.0.5.1.6 Aerosols

A.1 Acute Toxicity

Table A.1.1: Acute toxicity hazard categories and acute toxicity estimate (ATE) values 

defining the respective categories

Figure A.1.1: Tiered approach to classification of mixtures for acute toxicity

Table A.1.2: Conversion from experimentally obtained acute toxicity range values (or 

acute toxicity hazard categories) to acute toxicity point estimates for use in 

the formulas for the classification of mixtures

A.2 Skin Corrosion/Irritation

Table A.2.1: Skin corrosion category and sub-categories

Table A.2.2: Skin irritation category

Figure A.2.1: Tiered evaluation of skin corrosion and irritation potential

Table A.2.3: Concentration of ingredients of a mixture classified as skin Category 1 or 2 

that would trigger classification of the mixture as hazardous to skin 

(Category 1 or 2)

Table A.2.4: Concentration of ingredients of a mixture for which the additivity approach 

does not apply, that would trigger classification of the mixture as hazardous 

to skin

A.3 Serious Eye Damage/Eye Irritation

Table A.3.1: Irreversible eye effects

Table A.3.2: Reversible eye effects

Figure A.3.1: Evaluation strategy for serious eye damage and eye irritation (see also 

Figure A.2.1)
A-2

Table A.3.3: Concentration of ingredients of a mixture classified as Skin Category 1 

and/or Eye Category 1 or 2 that would trigger classification of the mixtures 

as hazardous to the eye

Table A.3.4: Concentration of ingredients of a mixture for which the additivity approach 

does not apply, that would trigger classification of the mixture as hazardous 

to the eye

A.4 Respiratory or Skin Sensitization

Table A.4.1: Hazard category and sub-categories for respiratory sensitizers

Table A.4.2: Hazard category and sub-categories for skin sensitizers

Table A.4.3: Animal test results for sub-Category 1A

Table A.4.4: Animal test results for sub-Category 1B

Table A.4.5: Cut-off values/concentration limits of ingredients of a mixture classified as 

either respiratory sensitizers or skin sensitizers that would trigger 

classification of the mixture

A.5 Germ Cell Mutagenicity

Figure A.5.1: Hazard categories for germ cell mutagens

Table A.5.1: Cut-off values/concentration limits of ingredients of a mixture classified as 

germ cell mutagens that would trigger classification of the mixture

A.6 Carcinogenicity

Figure A.6.1: Hazard categories for carcinogens

Table A.6.1: Cut-off values/concentration limits of ingredients of a mixture classified as 

carcinogen that would trigger classification of the mixture

A.7 Reproductive Toxicity (This category would include endocrine disrupters)

Figure A.7.1(a): Hazard categories for reproductive toxicants

Figure A.7.1(b): Hazard category for effects on or via lactation

Table A.7.1: Cut-off values/concentration limits of ingredients of a mixture classified as 

reproductive toxicants or for effects on or via lactation that trigger 

classification of the mixture

A.8 Specific Target Organ Toxicity Single Exposure

Figure A.8.1: Hazard categories for specific target organ toxicity following single 

exposure

Table A.8.1: Guidance value ranges for single-dose exposures

Table A.8.2: Cut-off values/concentration limits of ingredients of a mixture classified as a 

specific target organ toxicant that would trigger classification of the mixture 

as Category 1 or 2

A.9 Specific Target Organ Toxicity Repeated or Prolonged Exposure

Figure A.9.1: Hazard categories for specific target organ toxicity following repeated 

exposure

Table A.9.1: Guidance values to assist in Category 1 classification (applicable to a 90-

day study)

Table A.9.2: Guidance values to assist in Category 2 classification (applicable to a 90-

day study)

Table A.9.3: Cut-off value/concentration limits of ingredients of a mixture classified as a 

specific target organ toxicant that would trigger classification of the mixture 

as Category 1 or 2
A-3

A.10 Aspiration Hazard

Table A.10.1: Criteria for aspiration toxicity

Appendix B – Physical Hazard Criteria

B.1 Explosives

B.2 Flammable Gases

Table B.2.1: Criteria for flammable gases

B.3 Flammable Aerosols

Table B.3.1: Criteria for flammable aerosols

B.4 Oxidizing Gases

Table B.4.1: Criteria for oxidizing gases

B.5 Gases Under Pressure

Table B.5.1: Criteria for gases under pressure 

B.6 Flammable Liquids

Table B.6.1: Criteria for flammable liquids

B.7 Flammable Solids

Table B.7.1: Criteria for flammable solids

B.8 Self-Reactive Chemicals

B.9 Pyrophoric Liquids

Table B.9.1: Criteria for pyrophoric liquids

B.10 Pyrophoric Solids

Table B.10.1: Criteria for pyrophoric solids

B.11 Self-Heating Chemicals

Table B.11.1: Criteria for self-heating chemicals

B.12 Chemicals which, in contact with water, emit flammable gases

Table B.12.1: Criteria for chemicals which, in contact with water, emit flammable gases

B.13 Oxidizing Liquids

Table B.13.1: Criteria for oxidizing liquids

B.14 Oxidizing Solids

Table B.14.1: Criteria for oxidizing solids

B.15 Organic Peroxides

B.16 Corrosive to Metals

Table B.16.1: Criteria for chemicals corrosive to metal
B-1

Appendix B

Hazard Classification Evaluation Procedures

The hazard classification procedures required by the standard are specification-oriented. The 

HCS has provided procedures on how to classify chemicals in paragraph (d), and Appendix A 

and B of the standard. The term hazard classification is used to indicate not only the types of 

hazards presented by the chemical, but also the severity of the hazard. The hazard classification 

criteria are designed so the intrinsic hazardous properties of chemicals are considered for the 

known or intended use(s) of the products. Evaluation of the hazard classification incorporates 

three steps:

1. Identification of relevant data regarding the hazards of a chemical; 

2. Subsequent review of those data to ascertain the hazards associated with the chemical; 

3. Determination of whether the chemical should be classified as hazardous and the degree of 

hazard. 

Steps CSHOs Should Take When Evaluating Product SDSs

1. The first step for CSHOs when evaluating an SDS is to determine whether the chemical

should be considered hazardous. The CSHO can determine this by reviewing the following 

sources: 

a. If the chemical or one or more of its ingredients are any of the following lists, then 

further investigation is warranted to determine whether it should be classified: 

 Any substance for which OSHA has a permissible exposure limit (PEL) in 1910.1000

or a comprehensive substance-specific standard in Subpart Z. If OSHA has included 

cancer as a health hazard to be considered by classifiers in a substance specific 

hazard, the substance must be classified as a carcinogen. If such a substance is an 

ingredient in a mixture, the mixture must be classified as a carcinogen if it is present 

at a concentration of 0.1% or more, or at a lower concentration if it would present a 

health risk. 

 Any substance for which the American Conference of Governmental Industrial 

Hygienists (ACGIH®), http://www.acgih.org, has a Threshold Limit Value (TLV®) in 

the latest edition of their annual list and Documentation for the TLVs®. 

 Any substance which the National Toxicology Program (NTP), http://ntpserver.niehs.nih.gov, or the International Agency for Research on Cancer (IARC), 

http://www.iarc.fr, has found to be a suspect or confirmed carcinogen or which 
B-2

OSHA regulates as a carcinogen. 

b. CSHOs may consult available sources in evaluating the chemical to see what has been 

published regarding the chemical. There are a number of databases online that can be 

consulted, such as the Environmental Protection Agency’s (EPA) Integrated Risk 

Information System (IRIS), http://www.epa.gov/IRIS, the Organisation for Economic Cooperation and Development (OECD) eChemPortal, http://www.oecd.org/env/ehs/riskassessment/echemportalglobalportaltoinformationonchemicalsubstances.htm, or the 

European Chemical Agency’s (ECHA) chemical database, 

http://echa.europa.eu/information-on-chemicals. Another helpful source could be Patty's 

Industrial Hygiene and Toxicology. 

Other sources that may be useful in determining whether a chemical is hazardous:

 Centers for Disease Control and Prevention (CDC) Agency for Toxic Substances and 

Disease Registry (ATSDR), http://www.atsdr.cdc.gov.

http://www.atsdr.cdc.gov/toxprofiles/index.asp

 International Chemical Safety Cards, http://www.cdc.gov/niosh/ipcs/icstart.html

 National Institute for Occupational Safety and Health (NIOSH) documents, 

http://www.cdc.gov/niosh/topics/chemical.html. Including the NIOSH Registry of 

Toxic Effects of Chemical Substances (RTECS), 

http://www.cdc.gov/niosh/rtecs/RTECSaccess.html. RTECS should never be 

considered a definitive source for establishing a hazard since it consists of data that 

has not been evaluated. The RTECS are, however, a useful screening resource.

 NTP Summary of the Annual Report on Carcinogens, 

http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html , or most recent report.

 IARC Monographs, http://monographs.iarc.fr

3. Finally, for those chemicals where information is not readily available or where such 

available information is not complete, perform searches of bibliographic databases. In 

general, the National Library of Medicine (NLM) services should be used. These include the 

Toxicology Data Bank (TDB), TOXLINE, and MEDLARS. The information generated by 

these databases should be evaluated using the criteria in Appendix A of the standard. To 

evaluate whether a particular study would qualify as an acceptable study, it must be 

conducted according to established scientific principles (e.g., in animal studies, the number 

of subjects is adequate to do statistical analyses of the results; a control group is used, and the 

study must show statistically significant results indicating an adverse health effect). This 

evaluation obviously requires professional judgment. Any questions should be referred to 

the Regional Hazard Communication Coordinator, who may forward them, if necessary, to 
B-3

the Health Response Team (HRT), a division of the Salt Lake Technical Center, under 

OSHA’s Directorate of Technical Support and Emergency Management (DTSEM). A bulk 

sample of the chemical may be needed by the SLTC (HRT) to assist in their review.

4. If an employer or manufacturer used their own test data as the basis for the hazard 

classification, the CSHO should collect the test data used to classify the hazard and then 

request DTSEM to review the information. If the employer denies the CSHO access to the 

test and no other published data on the chemical can be found, the Regional Office shall be 

contacted for assistance in obtaining an administrative subpoena. The DTSEM in OSHA’s 

National Office should be contacted if assistance is required in order to obtain unpublished 

chemical hazard information available from other Federal agencies such as the EPA. 

5. Published studies and test data should be evaluated using the HCS criteria in Appendix A for 

health hazards and in Appendix B for physical hazards in the standard. If needed, the DSG 

or DTSEM offices could assist in the review of the studies and test data.

6. In the event that there are any questions concerning the adequacy of the manufacturer’s 

hazard classification, the CSHO shall collect the information from the studies used to classify 

the chemical(s), and any justification the manufacturer or importer provided to support the 

classification. For example, this situation might arise when the CSHO has discovered 

scientific data indicating a hazard, but the chemical manufacturer's hazard classification has 

not classified the chemical as hazardous or two different manufacturers have classified the

same chemical differently. In this case, the Area Director should then contact the Regional 

Hazard Communication Coordinator, who then may refer those findings to HRT for review, 

as necessary. HRT scientists will conduct a review of the hazard classification for 

conformance with 29 CFR 1910.1200(d) and Appendices A and B. A bulk sample of the 

chemical may be needed by the SLTC (HRT) to assist in their review.

Examples of when a CSHO might refer a product SDS to HRT for review:

In general, if the CSHO has found studies or other data to indicate that the product presents a 

health or physical hazard, but the manufacturer has not adequately addressed or has not provided 

a rationale on why they have not classified the product as hazardous, the CSHO should refer the 

SDS to HRT for review.

1. Carcinogens:

a. If the chemical is listed by IARC or NTP as a carcinogen and the chemical manufacturer 

or importer has not provided the determinations by IARC or NTP on the SDS; or 

b. The CSHO has determined that there is at least one positive study for carcinogenicity but 

the manufacturer has not classified the chemical as a carcinogen or indicated the positive 

study on the SDS. 
B-4

Appendix C of this Instruction provides more information concerning the evaluation of 

carcinogen classifications and a comparison of the HCS carcinogen classifications versus 

determinations by IARC and NTP. It also provides, in Table C.2, guidance for label and 

SDS notations for carcinogens.

2. Germ Cell Mutagens/Reproductive Toxins:

If the CSHO’s research finds one positive study and the result of the classification process by 

the chemical manufacturer or importer is non-classification. The HCS states that one 

positive study performed according to good scientific principles and with statistically and 

biologically significant results may justify classification as a germ cell mutagen or 

reproductive toxin. 

Guidance for HRT Scientists’ Review:

1. Review the data and classification findings by the chemical manufacturer or importer.

2. Evaluate the data for conformance with classification procedures set forth in 29 CFR 

1910.1200(d) and Appendix A and Appendix B. 

3. Determine if the chemical manufacturer or importer has followed the appropriate 

classification procedures:

a. Has the manufacturer or importer adequately addressed appropriate data (e.g., did not 

ignore data that disagreed with their conclusion)?

b. Have they performed an appropriate weight of evidence analysis according to Appendix 

A.0 and the specific guidance in Appendix A for each hazard (in general, human 

evidence normally would carry more weight than animal studies or structural activity)?

c. Have they applied the criteria and bridging principles (if applicable) appropriately for 

each individual hazard classes?

4. Provide HRT’s evaluation to the Area Office where they will determine whether a citation is 

warranted. For example, if HRT’s evaluation finds the hazard evaluation to be incomplete or 

incorrect, a citation may be warranted.

5. If necessary, the Regional Office may refer the hazard classification to DEP which will 

coordinate with DTSEM and the Directorate of Standards and Guidance (DSG) to review the 

data and classification findings. 
B-5

Partial list of Health Hazard Cut-Off limits

Hazard class Label Cut-Offs SDS Cut-Offs

Respiratory/Skin sensitization (Category 1 or 1A)* ≥ 0.1% ≥ 0.1%

Germ cell mutagenicity (Category 1) ≥ 0.1% ≥ 0.1%

Germ cell mutagenicity (Category 2) ≥ 1.0% ≥ 1.0%

Carcinogenicity** ≥ 0.1% ≥ 0.1%

Reproductive toxicity ≥ 0.1% ≥ 0.1%

Specific target organ toxicity (single exposure) ≥ 1.0% ≥ 1.0%

Specific target organ toxicity (repeated exposure) ≥ 1.0% ≥ 1.0%

Specific target organ toxicity (single exposure) 

Category 3

>20% >20%

* See Table A.4.5 of the HCS 2012 standard for cut-off values for Category 1B ingredients.

** Note: If a Category 2 carcinogen ingredient is present in the mixture at a concentration 

between 0.1% and 1%, information is required on the SDS for a product. However, a label 

warning is optional. If a Category 2 carcinogen ingredient is present in the mixture at a 

concentration of ≥1%, both an SDS and a label is required and the information must be included 

on each.
C-1

Appendix C

Evaluation of Carcinogenicity

A carcinogen is a substance or mixture of substances which induce cancer or increase its 

incidence.

1. A chemical must be classified as a carcinogen if the chemical is regulated as a carcinogen by 

29 CFR part 1910, Subpart Z, Toxic and Hazardous Substances. 

2. When classifying carcinogens, chemical manufacturers and importers must do one of the 

following:

a. Conduct their own weight-of-evidence hazard evaluation, or

b. Use the International Agency for Research on Cancer (IARC) or the National 

Toxicology Program (NTP) as sources to establish whether a chemical is a carcinogen.

Weight-of-evidence evaluation

Chemical manufacturers and importers are to conduct a hazard classification of the chemicals 

they produce or import. This includes classifying carcinogens based on the strength and weight

of evidence in accordance with 29 CFR 1910.1200(d) and Appendix A, chapter A.6. After 

determining the classification of the chemical, the appropriate hazard communication elements 

must be provided on the label and SDS.

Hazard categories for carcinogenicity include:

1. Category 1: Known or presumed human carcinogens.

a. Category 1A: Known to have carcinogenic potential for humans.

b. Category 1B: Presumed to have carcinogenic potential for humans.

2. Category 2: Suspected human carcinogens.

Use of IARC or NTP

The standard provides chemical manufacturers and importers the option of relying on the 

evaluations of the IARC “Monographs on the Evaluation of Carcinogenic Risks to Humans” 

(latest edition) or the NTP “Report on Carcinogens (RoC)” (latest edition) or when classifying 

carcinogens rather than conducting their own hazard classification. To help with converting 

IARC and NTP classifications to HCS 2012 classifications for carcinogenicity, Table C.1 relates 
C-2

the HCS 2012 hazard categories for carcinogenicity to the classifications provided by IARC and 

NTP. 

Table C.1 - Approximate Equivalents Among Carcinogen Classification Schemes

(Adapted from Appendix F to 1910.1200)

HCS 2012 IARC NTP RoC

Category 1A -

Known to have carcinogenic 

potential for humans

Group 1 -

Carcinogenic to humans

Known to be human 

carcinogen

Category 1B -

Presumed to have carcinogenic 

potential for humans

Group 2A -

Probably carcinogenic to 

humans Reasonably anticipated to 

be a human carcinogen 

(see Note 1 below) Category 2 -

Suspected human carcinogens

Group 2B -

Possibly carcinogenic to 

humans*

* A classifier not relying on Table C.1 when performing their hazard classification may find that 

some IARC 2B agents, based on sufficient evidence of carcinogenicity in experimental animals 

but inadequate evidence in humans, essentially correspond to HCS 1B.

Note 2 (includes all the points outlined below): 

NTPs Reasonably Anticipated to be Human Carcinogens aligns with both HCS Category 1B and 

Category 2, and IARC Group 2A and Group 2B. To help determine where these classifications 

correspond, the following guidance is provided. 

1. If there is limited evidence of carcinogenicity from studies in humans, an NTP 

Reasonably Anticipated to be a Human Carcinogen would correspond to IARC 2A/HCS 

1B.

2. If there is sufficient evidence of carcinogenicity from studies in experimental animals, an 

NTP Reasonably Anticipated to be a Human Carcinogen would correspond to IARC 2A/

HCS 1B.

3. In cases where there is less than sufficient evidence of carcinogenicity in humans or 

laboratory animals, follow the guidance outlined below:

a. If the agent, substance, or mixture belongs to a well-defined, structurally-related 

class of substances whose members are listed in a previous RoC as either “Known”

“Reasonably Anticipated” to be a human carcinogen, it would align at minimum

with HCS Category 2, or 
C-3

b. If there is convincing relevant information that the agent acts through mechanisms 

indicating it would likely cause cancer in humans, it would align at minimum with 

HCS Category 2.

Other requirements for classification of carcinogens

1. One Positive Study

If the weight of evidence for the carcinogenicity of a substance does not meet the criteria in 

Appendix A, chapter A.6 of the standard, any positive study conducted in accordance with 

established scientific principles that reports statistically significant findings regarding the 

carcinogenic potential of the substance must be noted on the safety data sheet. 

2. Category 2 Carcinogens

If a Category 2 carcinogen ingredient is present in a mixture at a concentration between 0.1% 

and 1%, that information is required on the SDS. If a Category 2 carcinogen ingredient is 

present in a mixture at a concentration of ≥ 1%, the information must be included on both the 

SDS and the label.

3. IARC and NTP Evaluations 

Whether the chemical manufacturer or importer chooses to use IARC or NTP for 

classification of carcinogens or conduct their own evaluation, the classification results of 

IARC and NTP must be listed on the SDS in Section 11. 

NTP

Those chemicals identified as being “known to be a human carcinogen” and those substances 

that may “reasonably anticipated to be a human carcinogen” by NTP must have that carcinogen 

determination information listed on the SDS. Appearing in NTP’s biannual Report on 

Carcinogens constitutes a positive finding of being a known or reasonably anticipated 

carcinogen.

IARC

IARC evaluates chemicals, manufacturing processes, and occupational exposures as to their 

carcinogenic potential. The IARC criteria for judging the adequacy of available data and for 

evaluating carcinogenic risk to humans were established in 1971 (Volumes 1-16) and revised in 

2006 (Volumes 17 and following).

IARC Monographs contain evaluations on specific chemicals or processes. At the conclusion of 

each evaluation, IARC provides a summary evaluation. Periodically, IARC publishes 

supplements in which chemicals that have already been evaluated in previous monographs are 
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reevaluated. In cases where a chemical has been reevaluated, the most recent IARC evaluation 

shall be relied upon.

IARC provides a summary in Supplement 7 of the chemicals which have been evaluated in 

Volumes 1-42. Table I of Supplement 7 provides a summary evaluation of all chemicals for 

which human and animal data were considered and a summary classification of a chemical’s 

carcinogenic risk:

Group 1 - The agent is carcinogenic to humans.

Group 2A - The agent is probably carcinogenic to humans.

Group 2B - The agent is possibly carcinogenic to humans.

Group 3 - The agent is not classifiable as to its carcinogenicity to humans.

Group 4 - The agent is probably not carcinogenic to humans.

All IARC listed chemicals in Groups 1, 2A, and 2B must be noted on the SDS.

Individual monographs have been published subsequent to Supplement 7. For purposes of 

compliance with the SDS requirements, the IARC monograph’s summary evaluation for the 

chemical can generally be relied upon. However, in some cases it may be necessary to review 

the evaluations as a group of compounds may be listed in the summary as carcinogenic. Upon 

closer examination of the appropriate monograph it may be revealed that IARC had data to 

support the carcinogenicity of only certain compounds. The compounds where IARC has the 

data are the only ones covered by the HCS. 

IARC also evaluates specific industrial processes or occupations for evidence of increased 

carcinogenicity. Findings that an occupation is at increased risk of carcinogenicity, without 

identification of specific causative agents, do not affect SDS requirements.

What CSHOs should look for when evaluating the SDS

When performing an inspection, the CSHO must determine the type of company they are 

evaluating (downstream user, manufacturer, distributor or importer). If the company is a 

downstream user or distributor and the CSHO finds an inadequate SDS, the CSHO will initiate 

the referral procedures in Appendix G of this Instruction. If the company is the manufacturer or 

importer, the CSHO shall follow the instructions detailed below.

1. When a chemical has been determined to be a carcinogen by NTP or IARC:

If a chemical appears in the NTP’s Report on Carcinogens or is classified by IARC in Group 

1, 2A, or 2B, then that information must be presented in Section 11 of the SDS. If the 

notation does not appear on the SDS, then a citation may be issued where appropriate.

1

 

1 Chemical manufacturers and importers have three months to update the SDS after becoming newly aware of information on a 

hazard. If a chemical has been listed by IARC or NTP within the past three months, then a citation is not appropriate.
C-5

2. If the designation of a carcinogen by NTP or IARC appears on the SDS but the chemical is 

not classified as a carcinogen by the manufacturer or importer:

If the neither the label nor Section 2 of the SDS indicate the chemical is a carcinogen, but 

Section 11 of the SDS notes positive findings of carcinogenicity by NTP or IARC, it 

indicates the hazard evaluation performed by the manufacturer or importer conflicts with the 

evaluation of NTP and/or IARC. 

In these cases, the CSHO should request that manufacturer or importer provide any data and 

justification it has for the classification. 

The Area Director (AD) shall refer the this information to the Regional Hazard 

Communication Coordinator who shall refer it to OSHA’s Directorate of Technical Support 

and Emergency Management (DTSEM), Health Response Team (HRT). HRT scientists will 

conduct a review of the carcinogen evaluation for conformance with 29 CFR 1910.1200(d) 

and Appendix A, chapter A.6. A bulk sample of the chemical may be needed by the SLTC 

(HRT) to assist in their review.

If HRT scientists find that the manufacturer has followed appropriate classification 

procedures as discussed in Appendix B of this Instruction, then no further action will be 

taken. If there are deficiencies in the classification procedures (e.g., relevant data not 

adequately addressed, weight of evidence not performed in accordance with Appendix A.0 

and A.6 of the HCS standard, criteria not applied appropriately), a citation may be issued. 

Table C-2 provides a general guide regarding the labeling and SDS requirements under the 

HCS.

Table C-2: Guidance for Label and SDS Notations for Carcinogens

Source Label SDS

Regulated by OSHA as a carcinogen X X

If a manufacturer has NOT performed its own weight-of-evidence evaluation

Classification of carcinogen based on positive 

evaluations from IARC/NTP 

X X

If a manufacturer has performed an appropriate weight-of-evidence evaluation

Weight of evidence for carcinogenicity meets the 

criteria listed in A.6

X X

If manufacturer finds weight of evidence does not 

meet Appendix A.6 of the HCS standard

Listed on NTP Report on Carcinogens (see Note) Not required X

Listed in IARC Monographs

 IARC – Group 1 (see Note) Not required X

 IARC – Group 2A (see Note) Not required X

 IARC – Group 2B (see Note) Not required X

 IARC – Group 3 Not required Not required

 IARC – Group 4 Not required Not required
C-6

Other Considerations

One positive study 

(see Note)

Not required X

Category 2 Carcinogen ingredients ≥ 1% in a mixture X X

Category 2 Carcinogen ingredients ≥ 0.1% and < 1% 

in a mixture

Optional X

Note: If the weight of evidence supports non-classification.

IARC information can be found at http://www.iarc.fr.

NTP information can be found at http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html, or 

most recent report.

Carcinogenicity of lubricating oils

On December 20, 1985, OSHA published an interpretive notice in the Federal Register

regarding the carcinogenicity of lubricating oils (Vol. 50 FR 51852). The notice was published in 

response to a number of inquiries which were received regarding the applicability of the HCS 

requirements to naphthenic lubricating oils which are refined using a hydrotreatment process. 

These types of oils may be found in a number of industrial operations, including ink manufacture 

and the production of synthetic rubber. 

Positive findings of carcinogenicity by the International Agency for Research on Cancer (IARC)

must be reported under the HCS. The IARC Monograph 33 concludes that there is sufficient 

evidence to indicate that mildly hydrotreated and mildly solvent refined oils are carcinogenic. 

Therefore, under the requirements of the HCS, producers of such materials must report such 

findings on the MSDS for the substance and include appropriate hazard warnings on labels. 

IARC also stated that there is inadequate evidence to conclude that severely hydrotreated oils are 

carcinogenic, and that there is no evidence to indicate that severely solvent-refined oils are 

carcinogenic. In the absence of any valid, positive evidence from sources other than IARC 

regarding the carcinogenicity of severely hydrotreated or severely solvent-refined oils, no 

reference to carcinogenicity need be included on the MSDS and label for such materials. IARC 

has also concluded that when an oil is refined using sequential processing of mild hydrotreatment 

and mild solvent refining, there is no evidence of carcinogenicity. 

The questions posed to OSHA concerned the process parameters used for mild hydrotreatment. 

OSHA examined the studies upon which IARC based its positive findings and concluded that 

any oil will be considered to be mildly hydrotreated if the hydrotreatment process was conducted 

using pressure of 800 pounds per square inch or less, and temperatures of 800 degrees Fahrenheit 

or less, independent of other process parameters. If the oil is produced within these parameters, it 

must be considered to be potentially carcinogenic under the requirements of the HCS. 
D-1

Appendix D

Petroleum Streams

A petroleum stream includes crude oil and anything derived from crude oil that is:

 a well-defined chemical compound defined by a Chemical Abstracts Service Registry 

Number, such as butane or propane, aside from impurities and stabilizers; or

 a Substance of Unknown or Variable composition, Complex reaction products or 

Biological materials (UVCBs) defined by a Chemical Abstracts Service Registry 

Number.

Petroleum Stream Classification

The obligation to classify the health hazards of petroleum streams under the Hazard 

Communication standard may be satisfied by following the below guidance, in conjunction with 

the general guidance found in A.0.1-A.0.3, in the application of the classification criteria in 

Appendix A of the standard. 

1. For hazard classes other than carcinogenicity, germ cell mutagenicity, and reproductive 

toxicity (“CMR”), a petroleum stream shall be classified as follows:

a. Where test data are available for the petroleum stream, the classification of the stream 

will always be based on those data.

b. Where test data are not available for the stream itself, the classification may be based on 

a toxicologically appropriate read across from test results of a substantially similar 

stream. A substantially similar stream is one that has a similar starting material, 

production process, and range of physico-chemical properties (e.g., boiling point and 

carbon number) and similar constituent compositions. 

c. If test data are not available either for the stream itself or a substantially similar stream, 

then the method(s) described in each chapter of Appendix A for estimating the hazards 

based on the information known will be applied to classify the stream (i.e., application of 

cut-off values/concentration limits). 

2. For the CMR hazard classes:

a. When reliable and good quality data are available to classify a petroleum stream—based 

on testing of the stream or the toxicologically appropriate read-across to a substantially 

similar stream—a weight-of-evidence analysis supported by that data may be relied upon 

for classification regardless of whether a CMR constituent is present in the stream. A 

substantially similar stream is one that has a similar starting material, production process, 
D-2

and range of physicochemical properties (e.g., boiling point and carbon number) and 

similar constituent compositions. 

b. To be reliable and good quality test data, the data must be from one or more tests that 

reflect appropriate study design and performance. The study or studies must 

appropriately take into account dose and other factors such as duration, observations, and 

analysis (e.g., statistical analysis, test sensitivity) so as to conclusively exclude the 

possibility that the lack of effect(s) is due to a poor study design, e.g., insufficient dose or 

number of subjects. A study (or studies) is conclusive in this sense if, when viewed in 

conjunction with all relevant information about the chemical, its results are consistent 

with the relevant information and allow a strong inference that the lack of effects is not 

due to a poor study design.

Where reliable and good quality data are not available on the stream or a substantially 

similar stream, then the method(s) described in each chapter of Appendix A for 

estimating the hazards based on the information known will be applied to classify the 

stream (i.e., application of cut-off values/concentration limits).

Safety Data Sheet (SDS) Disclosure

Many petroleum streams are of unknown or variable concentration, and cannot be represented by 

unique structures, molecular formulas, or fixed concentration percentages. In addition, 

petroleum industry test data are largely based on the testing of streams rather than the hundreds 

or thousands of individual constituents of those streams. In light of these facts, application of the 

disclosure requirements in Section 3 of table D.1 to petroleum streams may be infeasible and/or 

undermine the usefulness of the SDS. Thus, SDSs for petroleum streams that are in accordance

with the following guidance will be considered to be in compliance with the standard for 

enforcement purposes.

1. When dealing with petroleum streams, it may be more important for the user to know the 

concentrations of particular groups of constituents that are toxicologically similar. For 

example, in the classification of a petroleum stream, it may be more relevant to know the 

total concentration of a class of constituents such as polycyclic aromatic hydrocarbons (PAH) 

to understand the health hazards of the stream, rather than knowing the concentration of each 

particular PAH. Further, information about the presence and concentration of particular 

constituents of the group might not be available, or even if it were, inclusion of every one 

could lead to the listing of hundreds of constituents. This is likely to undermine the 

effectiveness of the disclosure requirements in Section 3. Thus, where the classifier can 

show that it is toxicologically appropriate to treat a particular set of constituents as a group, 

and all of the toxicologically useful information about the constituents in that group is 

conveyed by treating them as a group, the SDS need only include the name and concentration 

of that group in Section 3 if present above the cut-off/concentration limit (or if the group 

presents a health risk below the cut-off/concentration limit). The foregoing example of PAHs 

is designed to assist in better understanding the concept of this paragraph. It is not intended 

to limit the application of this approach to any particular type or group of constituents. 
D-3

2. Other constituents, such as benzene or n-hexane, that are known to be present in the stream, 

and that present classified health hazards, must be listed individually in Section 3 along with 

their concentrations if present above the cut-off/concentration limit (or if the constituent 

presents a health risk below the cut-off/concentration limit). 

3. Where there is “reliable and good quality” data supporting a weight-of-evidence 

determination that a constituent in a petroleum stream poses no health risk (as per A.0.4.3.3) 

in a downstream use of the stream, it need not be disclosed on the SDS.

4. Where the classifier does not know the exact concentration of a constituent or group of 

constituents included in Section 3 of the SDS, it may use a range of concentrations instead. 

Concentration ranges, if used, must be based on the information available to the classifier, 

such as analysis results, product specifications, or nature of the process, and the high end of 

the range reported may not affect the reported hazard classification.
E-1

Appendix E

HCS Effective Dates

Effective Date Requirement(s) Who

December 1, 2013 Train employees on the new label elements 

and safety data sheet (SDS) format.

Employers

June 1, 2015 Compliance with all modified provisions of 

this final rule.

Chemical 

manufacturers,

importers and 

employers

December 1, 2015 The distributor must not ship containers 

labeled by the chemical manufacturer or 

importer unless it is a Hazard 

Communication standard (HCS) 2012 label.

Distributors*

June 1, 2016 Update alternative workplace labeling and 

hazard communication program as 

necessary, and provide additional employee 

training for newly identified physical or 

health hazards.

Employers

Transition Period 

May 26, 2013 - June 1, 

2016

May comply with either HCS 2012 or the

previous version (HCS 1994), or both.

Chemical 

manufacturers, 

importers, 

distributors, and 

employers

* If the distributors meet the definition of manufacturers (see section X.C. of this Instruction),

which includes repackaging and relabeling the chemicals, they must comply by June 1, 2015. 
F-1

Appendix F

HCS Pictograms and Hazards

Health Hazard Flame Exclamation Mark

 Carcinogen

 Mutagenicity

 Reproductive Toxicity

 Respiratory Sensitizer

 Target Organ Toxicity

 Aspiration Toxicity

 Flammables

 Pyrophorics 

 Self-Heating

 Emits Flammable Gas

 Self-Reactives

 Organic Peroxides

 Irritant (skin and eye)

 Skin Sensitizer

 Acute Toxicity (harmful)

 Narcotic Effects

 Respiratory Tract Irritant

 Hazardous to Ozone Layer

(Non-Mandatory)

Gas Cylinder Corrosion Exploding Bomb

 Gases Under Pressure  Skin Corrosion/Burns

 Eye Damage

 Corrosive to Metals

 Explosives

 Self-Reactives

 Organic Peroxides

Flame over Circle Environment

(Non-Mandatory)

Skull and Crossbones

 Oxidizers  Aquatic Toxicity  Acute Toxicity (fatal or toxic)

Note: Self-reactive chemicals and organic peroxides have the possibility of being labeled with 

two different pictograms depending upon the severity of the reaction.
G-1

Appendix G

Referral Procedures and 

Sample Letter, Safety Data Sheet/Label Query

The following procedures apply in situations where the manufacturer’s, importer’s, or 

distributor’s safety data sheet (SDS) or label is inadequate or deficient, inappropriate language 

(e.g., “OSHA approved”) is used on the label or SDS, or trade secret information is not 

disclosed. These procedures also apply when the manufacturer, importer or distributor refuses 

to supply a SDS to a downstream user.

1. If an employer does not have a SDS but has made a good faith effort to contact the

manufacturer, importer or distributor because they have not received the SDS and still has 

not been able to receive an SDS, the Area Office may be contacted to provide assistance. 

See X.G.4.a of this Instruction.

2. Employers assume no responsibility for the content and accuracy of the SDS provided to 

them by the manufacturer, importer or distributor, unless the employer changes the SDS. See 

X.G.4.b of this Instruction.

3. Compliance safety and health officers (CSHOs) will collect copies of any SDS with 

inaccurate or deficient information for referral to the appropriate Area Office or State Plan 

that has jurisdiction over the manufacturer, importer or distributor. 

4. Referral procedures

a. The originating Area Office (the one with the inadequate SDS or label) shall provide 

documentation of the issues (e.g., a list of errors) and a copy of the SDS and/or label by 

fax or email to the Area Office with jurisdiction over the manufacturer, importer or 

distributor. The originating Area Office must phone the Area Office with jurisdiction to 

ensure that the documents are received, understood, and that the Area Office with 

jurisdiction knows who to contact in the originating Area Office. 

b. In the event that the CSHO needs SDS information quickly as part of a current 

inspection, he/she may contact the manufacturer, importer or distributor directly prior to 

making the referral to the Area Office in whose jurisdiction the manufacturer is located. 

c. The Area Office with jurisdiction receiving the referral shall contact the manufacturer, 

importer or distributor using the contact letter provided in this appendix. 

i. If the manufacturer, importer or distributor does not respond or provides an 

inadequate response, the appropriate Area Office shall open an inspection.

ii. The Area Office within whose jurisdiction the manufacturer, importer or distributor is 

located will ensure that results from the referral are provided to the Area Office or 
G-2

State Plan where the referral originated. 

State Plan program offices shall follow the referral procedures as required by the respective State

Plan.
G-3

Sample Letter

Date 

Company Name

Street Address

City, State, ZIP Code 

Dear (Name or Position of Responsible Employer Representative): 

Representatives of the Occupational Safety and Health Administration (OSHA)/or State Plan 

designated agency recently visited/or corresponded with (company name), which purchases the 

following chemical(s) from your company: 

(List chemicals, products)

OPTION 1: 

At the time of the visit, (company name) did not have safety data sheets (SDSs)/labels for the 

above-listed products, despite a prior request to your company. 

OPTION 2: 

At the time of the visit, safety data sheets (SDSs)/labels supplied by your company were found to 

be deficient in the following areas: 

(Describe the specific deficiencies.)

You are required under OSHA's Hazard Communication standard (29 CFR 1910.1200) to 

classify the hazards of the materials, label containers, and provide the SDSs for all hazardous 

chemicals which you produce or import. A copy of the standard is available at www.osha.gov. 

Please immediately send properly completed safety data sheets/labels for the chemicals listed 

above to your customer and a copy to OSHA. If the SDSs were deficient, you are required to 

send revised copies to all of your customers with the first shipment after an SDS/label is revised. 

If this information is not received within 20 working days, an inspection of your establishment 

may be conducted. 

Thank you for your assistance. If you have any questions regarding this matter, please feel free to 

contact me at _______. 

Sincerely, 

Area Director 
H-1

Appendix H

Guide for Reviewing Safety Data Sheet (SDS) Compliance

NOTE: This guide has been developed for use as an optional aid during inspections. The 

information contained in this Appendix mirrors the information required in Appendix D of the 

standard, a mandatory appendix.

If a CSHO is reviewing an SDS for compliance, the following list of required elements may be 

helpful: 

1. Section 1, Identification

a. Product identifier that is on the label.

b. Other means of identification.

c. Recommended use and restrictions of use.

d. Contact information for the responsible party (name, address, phone number).

e. Emergency number – A number that reaches a knowledgeable person on the other end. 

There is no requirement for the emergency number to be staffed 24 hours per day if the 

SDS specifies the restrictions on the contact hours. The emergency contact number can 

be for a company contracted to provide information in the case of an emergency. The 

knowledgeable person must be able to answer questions and be understandable (e.g., 

speak English).

Note: If the company name, address and phone number are located at the top of the page 

instead of in Section 1, this is a de minimis violation and a citation shall not be issued. 

2. Section 2, Hazard(s) identification

a. Hazard Classification(s) – including hazards not otherwise classified. The Hazard 

Classification includes the Class and the Category, e.g., Flammable Liquid, Category 1.

b. Signal word(s), hazard statement(s), symbols (pictograms without the border) or a 

description of the symbol, precautionary statement(s).

c. Unknown acute toxicity percentage if the ingredient with unknown acute toxicity is 

present at a concentration ≥ 1% and the mixture is not classified based on testing of the 

mixture as a whole. 

3. Section 3, Composition/information on ingredients

a. Chemical name, common name and synonyms.

b. Chemical Abstract Service (CAS) Registry number and other unique identifiers.

c. If the chemical is a substance, impurities, and stabilizing additives which are themselves 

classified and which contribute to the classification of the substance.

d. If the chemical is a mixture the SDS must include the above information and:

i. The exact percentage or concentration ranges of all ingredients classified as health 

hazards that are:

1) present above their cut-off limits; or

2) present a health risk below the cut-off limits. 
H-2

ii. Concentration ranges may only be used where a trade secret is claimed in accordance 

with paragraph (i), for batch to batch variability, and for a group of substantially 

similar mixtures. 

iii. If a trade secret is being claimed, a statement that that the exact concentration or 

ingredient identity is being withheld for that reason.

4. Section 4, First-aid measures

a. Necessary first aid measures by route of exposure.

b. The most important symptoms and when they occur (acute/delayed).

c. Whether medical attention is needed immediately and any special treatment, if necessary.

5. Section 5, Fire-fighting measures

a. Extinguishing media to use.

b. Any specific hazards caused by combustion of the material.

c. The required PPE for fire-fighting.

6. Section 6, Accidental release measures

a. Precautions, PPE, and emergency procedures required for spill cleanup.

b. Methods/materials for containment and cleanup.

7. Section 7, Handling and storage

a. Precautions for safe handling.

b. Safe storage conditions, including incompatibilities.

8. Section 8, Exposure controls/personal protection

a. OSHA permissible exposure limit (PEL), American Conference of Governmental 

Industrial Hygienists (ACGIH) Threshold Limit Value (TLV)®, other exposure limit(s) 

recommended by the SDS preparer (including ceiling and other short-term limits).

b. Appropriate engineering controls.

c. Protective measures (e.g., PPE).

9. Section 9, Physical and chemical properties

a. Appearance (physical state, color, etc.).

b. Odor.

c. Odor threshold.

d. pH.

e. Melting point/freezing point.

f. Initial boiling point and boiling range.

g. Flash point.

h. Evaporation rate.

i. Flammability (solid, gas).

j. Upper/lower flammability or explosive limits.

k. Vapor pressure.

l. Vapor density.

m. Relative density.
H-3

n. Solubility(ies).

o. Partition coefficient: n-octanol/water.

p. Auto-ignition temperature.

q. Decomposition temperature.

r. Viscosity.

10. Section 10, Stability and reactivity

a. Reactivity.

b. Chemical Stability.

c. Possibility of hazardous reactions.

d. Conditions to avoid (e.g., static discharge, shock, vibration).

e. Incompatible materials.

f. Hazardous decomposition products.

11. Section 11, Toxicological information

a. Routes of exposure.

b. Symptoms related to the physical, chemical and toxicological characteristics.

c. Numerical estimates of toxicity (such as acute toxicity estimates).

d. Immediate, delayed, and chronic effects from short- and long-term exposure.

e. Whether a chemical is listed by NTP, IARC or OSHA as a carcinogen.

12. Are sections 12-15 present? The lack of information in these sections is not citable; however, 

the headings are required and would be a de minimis violation, 1910.1200(g)(2). 

13. Section 16, Other information

The full tittle of Section 16 is “Other information, including date of preparation or last 

revision.” It is permissible to title Section 16 “Other information.”

a. Including date of preparation or last revision – This does not mean date of printing. The 

use of the statement “valid on the date of printing only” is inconsistent with the 

requirements of the HCS as the SDS is intended to be a reference document that reflects 

the most accurate and current information about a specific hazardous chemical that is 

available at the time the SDS is developed. 

b. If new information has become available, have the SDSs been updated within three 

months?

If there is no relevant information for a section or subsection (e.g., flash point), the SDS must 

state that no applicable information is available (NA or none).
I-1

Appendix I

Other OSHA Standards Amended by HCS 2012

Standard Number Standard Name

1910.106 Flammable liquids

1910.107 Spray finishing using flammable and combustible materials

1910.119 Process safety management of highly hazardous chemicals

1910.120 Hazardous waste operations and emergency response

1910.123 Dipping and coating operations: Coverage and definitions

1910.124 General requirements for dipping and coating operations

1910.125 Additional requirements for dipping and coating operations that use 

flammable liquids or liquids with flashpoints greater than 199.4oF (93oC).

1910.252 Welding, cutting, and brazing

1910.1001 Asbestos

1910.1003 13 Carcinogens

1910.1017 Vinyl chloride

1910.1018 Inorganic arsenic

1910.1025 Lead

1910.1026 Chromium (VI)

1910.1027 Cadmium

1910.1028 Benzene

1910.1029 Coke oven emissions

1910.1043 Cotton dust

1910.1044 1,2-dibromo-3-chloropropane

1910.1045 Acrylonitrile

1910.1047 Ethylene oxide

1910.1048 Formaldehyde

1910.1050 Methylenedianiline

1910.1051 1,3-Butadiene

1910.1052 Methylene chloride

1910.1450 Occupational exposure to hazardous chemicals in laboratories

1915.1001 Asbestos

1915.1026 Chromium (VI)

1926.60 Methylenedianiline

1926.62 Lead

1926.64 Process safety management of highly hazardous chemicals

1926.65 Hazardous waste operations and emergency response

1926.152 Flammable liquids

1926.155 Definitions applicable to this subpart

1926.1101 Asbestos

1926.1126 Chromium (VI)

1926.1127 Cadmium
J-1

Appendix J

Other Standards to Consider When Citing Chemical Exposures

with No PEL

Specific Standards. When employees have been overexposed to hazardous chemicals with no 

OSHA PEL, Area Offices should also consider issuing citations under the following standards, 

and grouping them with the 5(a)(1) violation. See Section XI.F of this Instruction. Applicable 

directives are referenced below. Standards potentially citable are presented as being either 

generally applicable or operation specific. Please also refer to parallel standards and directives

for other industries (e.g., construction, maritime, and agriculture) where they apply.

Standards Generally Applicable:

 29 CFR 1910 Subpart I, Personal Protective Equipment. 

 1910.132 General Requirements. Employers must conduct a hazard assessment to 

determine whether hazards that require the use of personal protective equipment are 

present, or likely to be present [paragraph (d)(1)], and to determine what personal 

protective equipment is required to prevent worker exposure to the hazards 

[paragraph (d)(1)(i)]. This standard can also be cited if the employer has not 

documented a required hazard evaluation [paragraph (d)(2)]. See also CPL 02-01-

050, Enforcement Guidance for PPE, February 10, 2011.

 1910.133, Eye and Face Protection. This standard can be cited when the employer 

failed to ensure that employees use appropriate eye or face protection when exposed 

to chemical hazards to the eyes or face [paragraph (a)(1)]. 

 1910.134, Respiratory Protection. This standard may be cited when the employer 

has failed to evaluate respiratory hazards [paragraph (d)(1)(iii)], or has not provided 

respirators when workers are exposed to hazardous levels of chemicals, including 

those without PELs [paragraph (a)(2)]. See also CPL 02-00-158, Inspection 

Procedures for the Respiratory Protection Standard, June 26, 2014. 

Standards Applicable to Specific Operations:

 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response. This 

standard can be cited when the employer fails to conduct an initial site characterization 

[paragraph (c)(2)], fails to provide appropriate PPE [paragraph (c)(5)(i)], or fails to 

monitor operations conducted at hazardous waste sites or during emergency responses to 

hazardous substance releases [paragraph (h)(1)(i)]. See also CPL 02-02-071, Technical 

Enforcement and Assistance Guidelines for Hazardous Waste Site and RCRA Corrective 

Action Clean-up Operations HAZWOPER, November 5, 2003; and CPL 02-02-073, 

Inspection Procedures for 1910.120, Paragraph (q): Emergency Response to Hazardous 

Substance Release, August 27, 2007.
J-2

 29 CFR 1910.146, Permit-Required Confined Space. Among other provisions, the 

employer can be cited for failure to test or monitor the permit space as necessary to 

determine if acceptable entry conditions exist prior to entry [paragraph (d)(5)(i)], and if 

those acceptable conditions are being maintained during the course of entry operations 

[paragraph (d)(5)(ii)]. See also CPL 02-00-100, Application of the Permit-Required 

Confined Spaces Standard, May 5, 1995.

 29 CFR 1926.1200, Confined Spaces in Construction. Among other provisions, the 

employer can be cited for failure to inform exposed employees of the presence of permit 

spaces [paragraph 1203(b)(1)], failure to test or monitor a permit space continuously or as 

necessary to determine if acceptable entry conditions exist prior to entry [paragraph 

1204(e)(1)], and failure to test or monitor a permit space to determine if those acceptable 

conditions are being maintained during the course of entry operations [paragraph 

1204(e)(2)]. An employer may also be cited for failure to make an SDS available to a 

medical facility treating a worker exposed to a substance for which an SDS is available. 
K-1

Appendix K

Other Directives Changes due to HCS 2012

The following table lists OSHA directives predating HCS 2012 or this Instruction, which contain 

specific text(s) referencing HCS 1994 or cancelled CPL 02-02-038. Revisions to these directives 

will generally be minor in scope, e.g., to replace MSDS with SDS, but some of these directives’ 

revisions will be more significant in scope to address updated HCS-specific procedures (e.g., 

hazard communication training, format of SDSs, labeling of carcinogens, signs for regulated 

areas).

Directive 

Short Title Directive Full Title Directive Number

Directive 

Date

Scope1of 

Revisions by 

HCS 2012

Asbestos

Inspection Procedures for 

Occupational Exposure to Asbestos 

Final Rule 29 CFR 1910.1001

CPL 02-02-063 11/03/1995 Major

Butadiene 1,3-Butadiene CPL 02-02-066 10/30/1997 Minor

Catastrophes

Response to Significant Events of 

Potentially Catastrophic 

Consequences

CPL 02-00-094 07/22/1991 Minor

Confined Space Application of the Permit-Required 

Confined Spaces (PRCS) Standards CPL 02-00-100 05/05/1995 Minor

Formaldehyde Changes to CPL 2-2.52 [HCHO], 

change 1, 10/7/1991

CPL 02-02-052 

(CH-1) 10/07/1991 Minor

Formaldehyde

Enforcement Procedure for 

Occupational Exposure to 

Formaldehyde

CPL 02-02-052 11/20/1990 Major

HAZ WASTE

Tech Enforcement and Assistance

Guidelines for Haz Waste Site and 

RCRA HAZWOPER 1910.120 (b)-

(o)

CPL 02-02-071 11/05/2003 Major

HAZWOPER Inspection Procedures for 29 CFR 

1910.120 and 1926.65, Paragraph (q) CPL 02-02-073 08/27/2007 Minor

Hex Chrome Inspection Procedures for the 

Chromium (VI) Standards CPL 02-02-074 01/24/2008 Major

Lead -

Construction

29 CFR 1926.62, Lead Exposure in 

Construction; Interim Final RuleInspection and Compliance 

Procedures

CPL 02-02-058 12/13/1993 Major

Methylene 

Chloride

Inspection Procedures for 

Occupational Exposure to Methylene 

Chloride Final

CPL 02-02-070 12/14/2001 Major
K-2

Directive 

Short Title Directive Full Title Directive Number

Directive 

Date

Scope1of 

Revisions by 

HCS 2012

NEP –

Combustible 

Dust

Combustible Dust National 

Emphasis Program (Reissued) CPL 03-00-008 03/11/2008 Major

NEP - Hex 

Chrome

National Emphasis Program -

Hexavalent Chromium CPL 02-02-076 02/23/2010 Minor

NEP - Lead National Emphasis Program-Lead CPL 03-00-009 08/14/2008 Minor

NEP - Silica National Emphasis Program –

Crystalline Silica CPL 03-00-007 01/24/2008 Major

PPE -

Shipyards

29 CFR Part 1915, Subpart I, 

Enforcement Guidance for PPE in 

Shipyard Employment

CPL 02-01-049 11/04/2010 Minor

PSM

PSM of Highly Hazardous 

Chemicals -- Compliance Guidelines 

and Enforcement Procedures.

CPL 02-02-045 09/13/1994 Minor

Pyrotechnics Compliance Policy for Pyrotechnics CPL 02-01-053 10/27/2011 Minor

TB Enforcement Procedures for 

Occupational Exposure to TB CPL 02-00-106 02/09/1996 Minor

Tool Bag Shipyard Employment "Tool Bag" 

Directive CPL 02-00-157 04/01/2014 Minor

Tool Shed Longshoring and Marine Terminals 

"Tool Shed" Directive CPL 02-00-154 07/31/2012 Minor

Written 

Programs

Citation Policy for Paperwork and 

Written Program Requirement 

Violations

CPL 02-00-111 11/27/1995 Minor

1 Revisions being made to these other OSHA directives are being handled as either: 

 Minor in scope - Very minor edits to incorporate HCS 2012 terms, such as: “material safety data 

sheet” to “safety data sheet,” “MSDS” to “MSDS/SDS,” “hazard determination” to “hazard 

classification,” and/or update reference(s) to the HCS Directive with this 2015 revision.

 Major in scope - One or more revised paragraphs to incorporate HCS 2012 procedures, such as: 

labeling for carcinogens or wastes, format of SDS, hazard communication training, meaning of 

health hazard, and/or changed text of warning signs (lead, asbestos, etc.).