OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

May 27, 2022

Mr. Lawrence P. Halprin
Keller and Heckman LLP
1001 G Street NW, Suite 500 West
Washington, DC 20001

Dear Mr. Halprin:

Thank you for your inquiry to the Occupational Safety and Health Administration’s (OSHA) Directorate of Enforcement Programs, regarding clarification of the term “chemicals associated with formaldehyde gas” under OSHA’s Formaldehyde standard, 29 CFR § 1910.1048. This letter constitutes OSHA’s interpretation only of the requirements herein and may not be applicable to any situation not delineated within your original injury. Your questions are identified below, followed by our responses.

Question 1: Is the term “chemicals associated with formaldehyde gas” in paragraph 29 CFR § 1910.1048(m)(1)(iv) correct?

Response: OSHA’s wording in paragraph (m)(1)(iv) is correct as stated.

Question 2: What does OSHA mean by “chemicals associated with formaldehyde gas?”

Response: The term “chemicals associated with formaldehyde gas” refers to chemicals that have the potential to release formaldehyde gas. Chemicals associated with formaldehyde gas are subject to the paragraphs of the formaldehyde standard that address the communication of hazards, namely § 1910.1048(m)(1)(i), (m)(1)(ii), and (m)(1)(iii).

OSHA has a Formaldehyde safety and health topics webpage that provides references for hazard recognition and exposure evaluation.1 OSHA also has a Hair Salons safety and health topics webpage that identifies several chemicals that may release formaldehyde gas.2 Chemicals such as, but not limited to, methylene glycol, timonacic acid, or bromonitrodioxane, may release hazardous formaldehyde gas when heated during certain work operations.

Question 3: How does the category of “chemicals associated with formaldehyde gas” differ from the other two categories of chemicals in paragraph (m)(1)(iv)?

Response: The additional categories in paragraph (m)(1)(iv) are mixtures or solutions comprised of greater than 0.1 percent formaldehyde and materials capable of releasing formaldehyde into the air at concentrations reaching or exceeding 0.1 parts per million (ppm). Mixtures or solutions comprised of greater than 0.1 percent formaldehyde are chemicals that are specifically identified, labeled, or named as formaldehyde-containing, such as formalin. Materials capable of releasing formaldehyde into the air at concentrations reaching or exceeding 0.1 ppm relate to products such as formaldehyde-based resins, some insulation materials, and particle board. For additional information on occupational exposures to formaldehyde from formaldehyde gas, its solutions, and materials that release formaldehyde, see OSHA’s Fact Sheet on Formaldehyde.3

Thank you for your interest in occupational safety and health. I hope you find this information helpful. 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 ensure that you are using the correct information and guidance, please consult OSHA’s website at www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Kimberly A. Stille, Director Directorate of Enforcement Programs

 

1 See /formaldehyde/standards
2 See http://www.osha.gov/hair-salons/products#chemicals
3 See /sites/default/files/publications/formaldehyde-factsheet.pdf