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.

November 9, 2022

Ms. Sarah J. Sorenson
The Mosaic Company
3033 Campus Dr., Suite W400
Plymouth, MN 55441

Dear Ms. Sorenson:

Thank you for your inquiry to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs regarding transmitting labels for bulk shipments of hazardous materials under OSHA's Hazardous Communication standard (HCS), 29 CFR § 1910.1200. 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.

Background: OSHA and the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration issued a Joint Guidance Memorandum in 2016 related to the labeling of hazardous chemicals for bulk shipments.1 That Joint Guidance Memorandum provides that HCS labels for bulk containers (e.g., tanker trucks, rail cars) must be provided either on the immediate container or must be transmitted with shipping papers, bills of lading, or other technological or electronic means so that it is immediately available to workers in printed form on the receiving end of a shipment. You have asked questions about transmitting the label by technological or electronic means.

NOTE: All instances of shipping in this interpretation pertain to only bulk shipments of hazardous materials that are loaded into large primary containers (e.g., tanker trucks or rail car) that have no intermediate form of containment.

Question 1: Does OSHA have guidance on acceptable methods to transmit labels by "technological or other means"? For example, would including a website link to the safety data sheet (SDS) that also includes a copy of the label information or a link to the label itself on the shipping papers meet this requirement?

Response: OSHA's HCS allows a manufacturer, importer, or distributor some flexibility in determining how bulk shipment product labels and SDSs are transmitted to downstream employers. Electronic transmission of product labels for bulk shipments may be conveyed in numerous ways through various electronic platforms including computer systems, facsimile, the internet, barcodes/QR codes, and website links provided that the product label is immediately available to workers in printed form on the receiving end of a shipment, and in the event of emergencies for provision to medical and emergency personnel.

Downstream users accessing electronically transmitted product labels must have immediate access to the applicable transmission platform (e.g., facsimile, computer, code reading device), with no restrictions. A link or code on the shipping papers to the bulk product label must be clearly readable, so that downstream users may easily view the link or scan the code. Product label links or codes provided by the manufacturer, importer, or distributor must take the downstream user directly to the label for printing without requiring any searches. The downstream employer must ensure that any chemical container in the workplace is labeled in accordance with (f)(6) before any worker uses the chemical. A tanker truck or railroad tank car may be labeled in accordance with (f)(7) when considered a stationary process container.

If a manufacturer, importer, or distributor uses electronic transmission of product labels for bulk shipments, they must ensure the downstream user/recipient chooses to "opt-in" to accept the electronic transmission of product labels for bulk shipments into their hazard communication program. A downstream user/recipient may choose to "opt-out" of an electronic distribution system from a manufacturer, importer, or distributor at any time. If a downstream user/ recipient does opt out, the manufacturer, importer, or distributor must then ensure a product label on each bulk shipment is in accordance with 29 CFR § 1910.1200(f)(1) or provide a hard copy of the product label with shipping papers or bills of lading.

For information on OSHA inspection procedures for the HCS reference OSHA Instruction CPL 02-02-079. Specifically see Section X.F.5.b for tanker truck and rail car labeling and Section X.G for electronic transmission of SDSs and maintenance and access to SDSs.2 Also, see OSHA's subsequent letter of interpretation regarding labeling of a tanker truck or rail car (Lee Coogan, December 14, 2015).3 Additionally, OSHA suggests you contact the USDOT/PHMSA for any Hazardous Materials Regulation (HMR) they may have regarding electronic submission of product labels for bulk shipments.

Question 2: Could we provide the label electronically when we provide the SDS prior to the first bulk shipment? If so, would we need to re-send the label prior to each shipment, or only if there are changes to the label?

Response: The manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals, including bulk shipments, leaving the workplace is labeled, tagged, or marked, per 29 CFR § 1910.1200(f)(1). If the recipient "opts-in" to have HCS-compliant labels provided to them by electronic transmission, the label must be still be provided at the time of each bulk shipment. The only exception for bulk shipments would be under 29 CFR § 1910.1200(f)(4), Solid Materials, such as wood, steel, plastic items, or whole grain, where the label is required on the first shipment only and need not be included in subsequent shipments to the same employer unless the label information changes.

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

1See Labeling of Hazardous Chemicals for Bulk Shipments, Joint Guidance Memorandum, September 19, 2016, at: www.osha.gov/hazcom/joint-phmsa-memo-09192016.

2 OSHA Instruction, CPL 02-02-079, Inspection Procedures for the Hazard Communication Standard (HCS 2012), July 9, 2015, available at: www.osha.gov/enforcement/directives/cpl-02-02-079.

3 See, Labeling requirements for absorbent clay products in various packaging configurations, December 14, 2015, at: www.osha.gov/laws-regs/standardinterpretations/2015-12-14.