{"operation":"document","citation":"PHMSA Guidance, Joint OSHA-PHMSA Memo (PDF)","title":"Joint OSHA-PHMSA Memo (PDF)","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":null,"effective_on":null,"summary":"Joint OSHA-PHMSA Memo (PDF) Document jointphmsamemo09192016.pdf (236.72 KB) Effective Date: Tuesday, February 18, 2020","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-joint-osha-phmsa-memo-pdf-4e5201d9.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-joint-osha-phmsa-memo-pdf-4e5201d9.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-joint-osha-phmsa-memo-pdf-4e5201d9","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/joint-osha-phmsa-memo-pdf","body":"Joint OSHA-PHMSA Memo (PDF)\n\nDocument\n\n jointphmsamemo09192016.pdf (236.72 KB)\n\n          Effective Date: Tuesday, February 18, 2020\n\n<<<PAGE 1>>>\n\nSeptember 19, 2016\nLabeling of Hazardous Chemicals for Bulk Shipments\nJoint Guidance Memorandum\nPrepared by PHMSA’s Office of Hazardous Materials Safety and OSHA\nIntroduction\nThe U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) and the U.S. Department of Labor’s Occupational Safety and Health\nAdministration (OSHA) are responsible for enforcing distinct and separate safety standards that\naddress appropriate labeling of chemical hazards in transportation (PHMSA) and in the\nworkplace1 (OSHA). PHMSA’s labeling requirements are contained in the U.S. Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 100-180) and apply to transportation2 of hazardous\nmaterials in commerce. OSHA’s labeling requirements are specific to the workplace and are\nfound in the Hazard Communication Standard (HCS 2012), 29 CFR § 1910.1200. For the\npurposes of this memorandum, labeling also includes DOT placarding, signs, and other\nmarkings.\nPHMSA and OSHA are aware of a number of questions from stakeholders concerning the\nlabeling required by each agency. The purpose of this memorandum is to provide clarity on the\ngeneral applicability of, and overall relationship between, DOT’s labeling requirements under\nthe HMR and OSHA’s labeling requirements for bulk shipments under the HCS 2012.\nDOT HMR Labeling Requirements\nDOT’s HMR requires labeling to be displayed or provided with a shipment during transportation\nin commerce. The HMR provides a comprehensive labeling system to communicate to\npersonnel involved in the transportation of hazardous materials, including emergency responders\nand the general public, the potential dangers of handling packages containing hazardous\nmaterials or a sudden uncontrolled release of hazardous materials during transportation. During\ntransportation, DOT’s HMR governs hazard communication labeling requirements. OSHA’s\n1 Workplace means an establishment, jobsite, or project, at one geographical location containing one or more work\nareas. A work area means a room or defined space in a workplace where hazardous chemicals are produced or used,\nand where employees are present.\n2 Transportation means the movement of property and loading, unloading, or storage incidental to the movement\n(see 49 CFR § 107.1). Loading, unloading, and storage incidental to movement are defined in 49 CFR § 171.8.\n\n<<<PAGE 2>>>\n\nHCS 2012 labeling is not required on shipping containers in transport, even when DOT’s HMR\ndoes not require labeling in transportation.\nOSHA HCS 2012 Labeling Requirements for Bulk Shipments in DOT Containers (e.g.,\ntanker trucks, rail cars)\nOSHA’s HCS 2012 requires labeling of hazardous chemicals in the workplace, both before and\nafter transportation in commerce. OSHA requires labeling on the immediate container of\nhazardous chemicals. Regarding bulk shipments of hazardous chemicals, the HCS 2012 requires\neither labeling the immediate container with hazard information or transmitting the required label\nwith shipping papers, bills of lading, or by other technological or electronic means so that it is\nimmediately available to workers in printed form on the receiving end of a shipment. The\nOSHA HCS 2012 requirements for shipped material apply independently of whether the same\nmaterial is subject to HMR labeling requirements during transportation.\nNote on Bulk Shipments Bearing Both DOT and OSHA HCS 2012 Labels\nThe HMR prohibits the display on a package of any marking or label that could be confused or\nconflict with a label required by the HMR. Specifically, 49 CFR § 172.401(b) states:\n“No person may offer for transportation and no carrier may transport a\npackage bearing any marking or label which by its color, design, or shape\ncould be confused with or conflict with a label prescribed by this part.”\nHowever, the prohibition in 49 CFR § 172.401(b) does not apply to packages labeled in\nconformance with certain international standards, including the UN Globally Harmonized\nSystem of Classification and Labelling of Chemicals (GHS) (see 49 CFR § 172.401(c)). The\nprovisions of 49 CFR § 172.401(c) apply only to labeling in accordance with the GHS, and\nsubsequently in accordance with OSHA 29 CFR § 1910.1200(f). The GHS labeling provisions,\nincluding as implemented by OSHA, require all hazard communication elements to be located on\nthe label and these hazard communication elements must only appear as part of a complete GHS\nlabel. As such, the display of a marking or label not required by DOT’s HMR, but conforming\nto OSHA’s HCS 2012 and consistent with the GHS is not a violation of the HMR. This includes\npackages meeting the definition of a “bulk package” as defined by the HMR. In other words, an\nHCS 2012-compliant OSHA label and a DOT HMR label or marking may both appear on the\nsame package.\nNote: The DOT and OSHA are aware of some examples of pictograms/symbols displayed on\nbulk packages that are not consistent with the HCS (29 CFR § 1910.1200) and that are not\ncompliant with hazard communication required by the HMR (49 CFR Parts 100-180). Such\nlabeling is prohibited by the HMR.\n2","truncated":false,"body_characters":5255}