OSHA & PHMSA Issue Joint Guidance Memorandum
The Occupational Safety and Health Administration and the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a joint guidance memorandum that is intended to provide clarity on the applicability and relationship between, DOT’s labeling requirements under the HMR and OSHA’s labeling requirements for bulk shipments under the HCS 2012.
PHMSA’s hazardous materials regulations require labeling of hazardous materials in transportation, while OSHA requires labeling on containers in the workplace.
When OSHA released its Hazcom 2012 (29 CFR Part 1910.1200) revisions, Appendix C.2.3.3 stated that “If a label has a DOT transport pictogram, the corresponding HCS pictogram shall not appear.” The Hazardous Materials Regulations state “No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part” (49 CFR Part 172.401(b)).
This raised many questions with stakeholders, and shortly thereafter, OSHA published a brief that stated that PHMSA does not view the pictograms as a conflict, and both may appear. OSHA continues on in the brief to state they intend on revising C.2.3.3, but in the meantime, they will allow both to appear. This new guidance document further confirms this position.
The Joint Guidance Memorandum can be found at https://www.osha.gov/dsg/hazcom/joint_phmsa_memo_09192016.html
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