October 28, 2020

Mr. Ranmi Aduloju
1140 63rd Street
Downers Grove, IL 60516

Dear Mr. Aduloju:

This is in response to a discussion you had with my staff regarding inconsistent information in our October 31, 2018 response to you regarding cut-off values and occupational exposure limits (OELs). Specifically, you question whether the ingredients and OELs need to be disclosed in Sections 3 and 8 of the Safety Data Sheet (SDS), in accordance with the OSHA standard, Hazard Communication, 29 CFR § 1910.1200.

Upon further review of our October 31, 2018 response to you, we discovered inconsistencies between that response and prior guidance from OSHA's September 21, 2016 Clarifications to CPL 02-02-079 memorandum to our Regional Administrators. In that memo, the requirements were clarified for the disclosure of chemical ingredients in SDS sections 3 and 8:

• If a chemical ingredient is listed in section 3 of the SDS, it only needs to be listed in section 8 if there is a PEL, TLV or other occupational exposure limit (OEL). However, if a chemical ingredient is listed in SDS section 8, then OSHA would expect to see the same ingredient listed in SDS section 3. OSHA does not require that all chemical ingredients be listed in SDS section 8–just those that are identified in section 3 and that have PELs, TLVs, and/or OELs.

The full Clarifications memorandum can be found at www.osha.gov/laws-regs/standardinterpretations/2016-09-21. Question #5 and OSHA's response to it, in particular, specifically relate to SDS sections 3 and 8. To resolve the inconsistencies between the 2016 and 2018 letters, our revised responses to question #1 from your May 10, 2018 letter are provided below in bold:

Question 1: Does OSHA agree with whether disclosure is required by sections 3 and 8 in the following eight scenarios?

OSHA Response: The scenarios, and OSHA's determinations, are below.

If an ingredient is classified as a health hazard and is present:

1. Above the cut-off value, contributes to the hazard classification, and has an OEL: must be included in sections 3 and 8. OSHA agrees.
2. Below the cut-off value, contributes to the hazard classification, and has an OEL: must be included in sections 3 and 8. OSHA agrees; please note that the ingredient must be included in section 3 if it is present below the cut-off value but presents a health risk.
3. Above the cut-off value, does not contribute to the hazard classification, and has an OEL: must be included in sections 3 and 8. OSHA agrees.
4. Above the cut-off value, contributes to the hazard classification, but does not have an OEL: must be included in sections 3 and 8 with a statement that the recommended OEL is "not applicable (N/A)" or "none." This is acceptable. However, it is required only that the chemical ingredient be listed in section 3 of the SDS. It needs to be listed in section 8 only if there is a PEL, TLV, or other OEL.
5. Below the cut-off value, contributes to the hazard classification, but does not have an OEL: must be included in sections 3 and 8 with the statement that the recommended OEL is "not applicable (N/A)" or "none." Although this is acceptable, it is not required to be disclosed in section 8. It is required only that the chemical ingredient be disclosed in section 3. The ingredient needs to be listed in section 8 only if there is a PEL, TLV, or other OEL.
6. Above the cut-off value, does not contribute to the hazard classification, and does not have an OEL: must be included in section 3 but not section 8. OSHA agrees.
7. Below the cut-off value, does not contribute to the hazard classification, and does not have an OEL: ingredient does not need to be included in section 3 or section 8. There is not enough information presented to answer; if the ingredient is present below the cut-off value but under normal conditions of use it presents a health risk, it must be disclosed in section 3. If the ingredient does not have an OEL, it need not be listed in section 8.
8. Below the cut-off value, does not contribute to the hazard classification, and has an OEL: ingredient does not need to be applied to section 3 or section 8 (but does need to be in sections 3 and 8 if the ingredients are releasable above an OSHA OEL. There is not enough information presented to answer; if the ingredient is present below the cut-off value but under normal conditions of use it presents a health risk, it must be disclosed in section 3. If the ingredient is listed in section 3 and has an OEL, it must be listed in section 8.

Please note that OSHA's requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov.

I apologize for any inconvenience our previous letter may have caused, and hope this corrected information is helpful to you. Thank you for your interest in occupational safety and health. If you have additional questions, please contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Patrick J. Kapust, Acting Director

Directorate of Enforcement Programs