{"operation":"document","citation":"14-0026","title":"Working Solutions, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-03-18","effective_on":null,"summary":"14-0026 response to Working Solutions, Inc. concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140026.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Jay Davis\nWorking Solutions, Inc.\n2522 Roy Circle\nHouston, Texas 77007\nRef. No. 14-0026\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 1 8 2014\nDear Mr. Davis:\nThis responds to your February 6, 2014 request for clarification on marking and labeling\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nseek to include the applicable HMR proper shipping description and miniaturized hazard\nlabels on a single container label with the Globally Harmonized System of Classification and\nLabelling of Chemicals (GHS) elements.\nIn your letter you indicate you want to provide the GHS hazard communication elements on\nyour container labels, and in a segregated section of that label, you want to include the proper\nshipping description and 1 \\12 inch by 1 \\12 inch miniaturized version of hazard warning labels\nrequired by the HMR. You believe these container labels will assist your employees that\npackage products that are regulated as hazardous materials under the HMR. You indicated\nthe miniaturized labels will not replace applicable 4 inch by 4 inch hazard warning labels\nrequired under the HMR. Applicable labels required by the HMR will be applied to the\ncontainers before being offered for transportation. You ask if a sample GHS based container\nlabel you provide (see enclosed) is authorized and complies with marking and labeling\nrequirements under the HMR?\nSection § 172.401 (b) prohibits the transportation of a package bearing any marking or label\nwhich by its color, design, or shape could be confused or conflict with a hazard warning label\nprescribed in the HMR. Pictograins (on labels) developed in accordance with the labeling\nprocedures of the GHS and displayed on packages used in transportation are not prohibited\nunder § 172.401. The pictograms employed by the GHS were developed based largely on the\nexisting hazard communication standards for transport to ensure consistency of hazard\ncommunication for a variety of applications and contexts. As such, the GHS pictograms are\nintentionally consistent with the symbols used in the labels and placards required by the HMR\nand used in international regulations and standards including the International Civil Aviation\nOrganization's Technical Instructions on the Safe Transport of Dangerous Goods, the\nInternational Maritime Dangerous Goods Code, and the United Nations Recommendations on\nthe Transport of Dangerous Goods. Therefore, when displayed in accordance with the GHS,\nwe do not consider these pictograms to be confusing or conflicting in accordance with\n§ 172.401(b) ofthe HMR.\n\n<<<PAGE 2>>>\n\nIt should be noted that prior to transportation required markings should meet the requirements\nof Subpart D of Part 172 of the HMR and required labeling should meet the requirements in\nSubpart E of Part 172 of the HMR. Further, the 1 Yz inch by 1 lJ2 inch miniaturized version of\nhazard warning labels would not meet the size requirements of§ 172.407.\nI hope this answers your inquiry. If you need additional assistance, please call this office at\n(202) 366-8553.\nSincerely,\n~OM\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nB~e\n'S 11~~ I{) I\nDrakeford, Carolyn (PHMSA)\nFrom: Sent:\nTo:\nSubject: Attachments:\nLehman, Victoria CTR (PHMSA) Monday, February 10, 2014 2:13 PM Drakeford, Carolyn (PHMSA) FW: Request for Letter of Interpretation SOLUCOAT 5047 Label GHS.Transport WS design 2014 Experimental. pdf § /1 Jl,; tltJ 0..,\n} A J .. A 1 1117 U\nJ-..-u ftl r;... 11 v\n1 Jh n /~) \"J J-\nl'f·\"\"'.v V ~\nHi Carolyn,\nMr. Davis would like his letter request forwarded for a formal letter of interpretation. He also stated he could be reached\nby his cell phone 832-274-7675. He previously spoke with me about this question in the HMIC.\nThanks,\nVictoria\nFrom: JAY DAVIS [mailto:cmclrx@hotmail.com]\nSent: Thursday, February 06, 2014 6:56PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Letter of Interpretation\nCompleted via phone by VL\nDear InfoCenter Expert:\nI am trying to get written clarification of what can and cannot appear on a OSHA GHS Compliant\nHazCom container label in the way of D.O.T. Hazardous Material Classification and markings (we\npackage in 5 gallon pails, 55 gallon drums, and IBCs) .\nWe wish to use all the OSHA GHS Hazard Communication Standard Label Elements on our container\nlabels, but would like to also include (in a segregated section of the label) markings similar to\nminiaturized D.O.T. Hazard Class Labels. We wish to do so in order to assist plant employees doing\nthe packaging of our products (as English may be their second language and they frequently have little\nor no formal education). I have attached a sample label to show you what we mean (please disregard\nthe use of the incorrect D.O.T. labels our consultant used in making this prototype!).\nThanks,\nJay Davis\nWORKING SOLUTIONS, INC.\nHouston, Texas , U.S.A.\n1-800-829-4419 Toll Free (in U.S.)\n1-713-862-3868 Office\n1-713-862-5591 Facsimile\nhttp://www.workingsolutions.net\nThis email message and any attachments are for the sole use of the intended recipient(s) and contain confidential and/or privileged information.\nAny unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-\nmail and destroy all copies of the original message and any attachments.\n1\n\n<<<PAGE 4>>>\n\nSOLUCOAT 5047\n/\ne ·A ... >>\n~ '.:.!::2,\n~,-/\n£~\n·~···\nUN1760, Corrosive liq-\nuids, N.O.S (Contains\nPhosphoric acid and Ni·\ntric acid) 8, PGII\nDANGER\nMay be corrosive to metals. May intensify fire; oxidizer. Causes severe skin burns and eye damage. Fatal if swallowed. Fatal in\ncontact with skin. Fatal if inhaled. Causes serious eye damage. Causes damage to organs {respiratory system). Causes damage\nto organs (teeth and respiratory system) through prolonged or repeated exposure. May be fatal if swallowed and enters air-\nways. May cause an allergic skin reaction. May cause allergy or asthma symptoms or breathing difficulties if inhaled. May\ncause cancer. Very toxic to aquatic life with long lasting effects\nPrevention- Keep away from heat/sparks/open flames/hot surfaces. - No smoking. Store away from clothing. Take any precaution to avoid mix-\ning with combustibles. Wear protective gloves/protective clothing/eye protection/face protection. Wash hands thoroughly after handling. Do not eat,\ndrink or smoke when using this product. Do not breathe dust/fume/gas/mist/vapors/spray. In case of inadequate ventilation wear respiratory protec-\ntion. Contaminated work clothing should not be allowed out of the workplace. Do not handle until all safety precautions have been read and under-\nstood. Use personal protective equipment as required. Response - In case of fire: Use Water Spray, Foam, Dry Powder, Carbon dioxide for extinc-\ntion. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. IF ON SKIN (or hair): Remove/Take off Immediately all contaminated clothing. Rinse SKIN\nwith Water/shower. Wash contaminated clothing before reuse. IF INHALED: Remove victim to fresh air and Keep at rest in a position comfortable for\nbreathing. IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF INHALED: If\nbreathing is difficult, remove victim to fresh air and keep at rest in a position comfortable for breathing. IF experiencing respiratory symptoms: call a\nPOISON CENTER or doctor/physician. IF ON SKIN: wash with plenty of soap and water. Dispose of contents/container in accordance with local/\nregional/ national/international regulations. Wash contaminated clothing before reuse. IF exposed: call a POISON CENTER or doctor/physician. Stor-\nage -Store in corrosive resistant container with a resistant inner liner. Store locked up. IF SKIN irritation or rash occurs: Get medical advice/\nattention. Disposal - Dispose of contents/container in accordance with local/regional/ national/international regulations\nIF SWALLOWED: Immediately call a POISON CONTROL CENTER or doctor/physician. Rinse mouth.\nSee Safety Data Sheet for further details regarding safe use of this product .\ns\n..,.,ot\\<-\\f\\9\nluti ns\nWorking Solutions, Inc.\n2522 Roy Circle\nHouston, Texas 77007\nTelephone# 1-800-829-4419\nFor Emergencies CALL: CHEMTREC 1-800-434-9300\nSolubility:\nSDS Version:\nNet Weight:\nLot/Batch #:","truncated":false,"body_characters":8470}