Safety Tidbit 3.35 - Consumer Product Labeling

Safety Tidbit 3.35 – Consumer Product Labeling

Reference:      OSHA Hazard Communication Standard

The funny thing about writing standards, there always seems to be at least two ways to approach the same item. I recently visited an employer that manufactures paints. They batch mix the specific colors using a recipe and then package the paints in various containers and tubes. These various tubes and bottles are then sold retail to artists all over the world. You can imagine the consumer labeling nightmare these folks have with all the different languages and country requirements. However, as I was touring the facility, I notice a whole room with cabinets full of 2-4-ounce bottles with numbers on them. Each bottle containing a sample of a batch that they created. The employer explained that they keep a sample just in case a client requests a future run and does not have any of their old paint left.

So, in accordance with OSHA’s Hazard Communication standard is a batch number that corresponds to an ingredient list sufficient? Or, do they need to label every container in storage? I initially thought well maybe they’re exempt as 1910.1200(b)(5)(v) states: “Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.”  This would seem to apply to their tubes and bottles they are shipping out but not the sample bottles. Paragraph 1910.1200(f)(6)(ii) states: “Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the 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.” This might work if the employer put the basic hazard information (e.g., pictograms) and had the SDS readily available. Unfortunately, most containers only had the cryptic batch number hand-written on the bottles. Also, the SDSs were not readily available (that was another issue I cited). Since this company already was well acquainted with labeling of their containers they decided to put the appropriate information as required by 1910.1200(f)(6)(i) including the Product identifier; Signal word, Hazard statement(s), Pictogram(s), Precautionary statement(s), and the Name, address, and telephone number of the chemical manufacturer, importer, or other responsible party on each container. Furthermore, they are looking at a way to incorporate as much information onto their consumer labels so their products are safer going out into the marketplace whether that be a home or a business. Considering they ship world-wide I think my visit has impacted a lot of people.

Hope this was helpful and thanks for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.