DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

RIN 1218-AB02

Hazard Communication; Correction

AGENCY: Occupational Safety and Health Administration.

ACTION: Correcting amendments.

SUMMARY: This document contains three corrections to the amendments to the hazard communication final rule, which were published February 9, 1994 (59 FR 6126).

EFFECTIVE DATE: December 22, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, 200 Constitution Avenue, NW., Room N3647, Washington, DC 20210; telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION:

Background

Amendments to OSHA's Hazard Communication Standard (HCS) were published on February 9, 1994 (59 FR 6126). The modified final rule included a number of minor changes and technical amendments to further clarify the requirements of the HCS published August 24, 1987 (52 FR 31852). The amendments included a new exemption to the standard's requirements. Section (b)(6)(ii) intended to exempt any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), only when subject to comprehensive regulations issued under the Act by the Environmental Protection Agency (EPA).

Need for Correction

The language of the CERCLA exemption was patterned after the language of the Resources Conservation and Recovery Act (RCRA) exemption that precedes it. However, this has led to possible misinterpretation because CERCLA, unlike RCRA, regulates many chemicals in the limited circumstances of remedial and removal actions and does not pervasively regulate those chemicals. It was OSHA's intent to exempt CERCLA-listed chemicals only in circumstances where they are fully regulated by EPA, making OSHA's HCS requirements duplicative.

Consequently, OSHA is correcting the language to make this clear. The new language states that the exemption applies to any hazardous substance as that term is defined by CERCLA when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with EPA regulations.

This document also corrects a typographical error in section (c) of the standard and eliminates a confusing clause.

List of Subjects

29 CFR Part 1910

Chemicals, Hazardous substances, Labeling, Occupational safety and health.

29 CFR Parts 1915, 1917, 1918, 1926

Hazardous substances, Occupational safety and health.

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT

PART 1917--MARINE TERMINALS

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Accordingly 29 CFR Parts 1910, 1915, 1917, 1918 and 1926 are corrected by making the following correcting amendments:

PART 1910--[AMENDED]

1. The authority citation for subpart Z of part 1910 continues to read as follows:

Authority: Secs. 6, 8, Occupational Safety and Health Act, 29 U.S.C. 655, 657: Secretary of Labor's Order 12-71 (36 FR 8754), 9-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; and 29 CFR Part 1911.

All of subpart Z issued under section 6(b) of the Occupational Safety and Health Act, except those substances which have exposure limits listed in Tables Z-1, Z-2 and Z-3 of 29 CFR 1910.1000. The latter were issued under section 6(a) (29 U.S.C. 655(a)):

Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2 and Z-3 not issued under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, and cotton dust listings.

Section 1910.1001 also issued under Sec. 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 333.

Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part 1911; also issued under 5 U.S.C. 553.

Section 1910.1025 also issued under 5 U.S.C. 553. Section 1910.1043 also issued under 5 U.S.C. 551 et seq. Section 1910.1200, 1910.1499 and 1910.1500 also issued under 5 U.S.C.

553.

PART 1915--[AMENDED]

2. The authority citation for part 1915 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Section 1915.99 also issued under 5 U.S.C. 553.

PART 1917--[AMENDED]

3. The authority citation for part 1917 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Section 1917.28 also issued under 5 U.S.C. 553.

PART 1918--[AMENDED]

4. The authority citation for part 1918 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Section 1918.90 also issued under 5 U.S.C. 553 and 29 CFR part 1911.

PART 1926--[AMENDED]

5. The authority citation for subpart D of part 1926 continues to read as follows:

Authority: Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Section 1926.59 also issued under 5 U.S.C. 553 and 29 CFR part 1911.

1915.1200, 1917.28, 1918.90, 1926.59 [Amended]

6. The following amendments are made in Secs. 1910.1200, 1915.1200, 1917.28, 1918.90 and 1926.59, which contain identical text:

a. The phrase "convey the specific physical or health," in the definition of Hazard warning in paragraph (c) is revised to read "convey the specific physical and health,".

b. The phrase "over-the-counter may also, as an alternative to keeping a file of material safety data sheets for all hazardous chemicals they sell, provide material safety data sheets" in paragraph (g)(7)(iv) is revised to read "over-the-counter may also provide material safety data sheets".

c. Paragraph (b)(6)(ii) is revised to read as follows:

Sec. ________ Hazard communication. * * * * * (b) * * * (6) * * * (ii) Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability ACT (CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations.

* * * * *

Signed at Washington, D.C. this 29th day of July 1994.

Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health.

[FR Doc. 94-31377 Filed 12-21-94; 8:45 am]