As a Health and Safety Consultant, one of the recurring questions I receive relates to hazard communication requirements under occupational safety laws, especially in the context of exemptions. Specifically, many employers seek to understand: “In which workplaces are written hazard communications not required?”
This question is particularly relevant in ensuring compliance with OSHA regulations in the United States and similar frameworks in other jurisdictions. This article provides a detailed, legally backed explanation focused solely on when written hazard communication programs are not required in the workplace.
Understanding Hazard Communication Requirements
Hazard communication (HazCom) is governed under the Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1200 in the United States. The standard mandates that employers with hazardous chemicals in their workplaces must develop and implement a written hazard communication program. This includes:
- Proper labeling of containers
- Maintaining safety data sheets (SDS)
- Training employees on chemical hazards
- Maintaining a written HazCom plan
However, not all workplaces or chemical exposures fall under this requirement. OSHA and other national health and safety bodies outline specific exemptions where written hazard communication is not mandatory.
Legal Basis for Exemptions
OSHA’s Hazard Communication Standard (29 CFR 1910.1200(b)(6)) lists several categories of exemptions. These exemptions cover certain types of products, work operations, and exposures. Below is a detailed breakdown of each legally recognized exemption where a written hazard communication program is not required:
1. Consumer Products Used in a Consumer Manner
Legal Reference: 29 CFR 1910.1200(b)(6)(v)
Explanation: If a workplace uses consumer products—like bleach, Windex, or adhesives—in the same manner and frequency as a typical consumer, then written hazard communication is not required.
Conditions for Exemption:
- Frequency and duration of use must not exceed normal consumer use.
- The product must be used for its intended purpose.
Example:
- An office uses a can of air freshener in a break room. Since it is used in the same way and frequency as in a household, a written HazCom plan is not required.
2. Articles That Do Not Release Hazardous Chemicals
Legal Reference: 29 CFR 1910.1200(b)(6)(v)
Explanation: Articles that do not release or result in exposure to a hazardous chemical under normal conditions of use are exempt.
Conditions for Exemption:
- The item must be considered an “article” under OSHA’s definition.
- It must not pose a chemical hazard during its expected use.
Example:
- Steel bolts used in construction do not emit harmful substances during use.
3. Food, Drugs, and Cosmetics Intended for Personal Consumption by Employees
Legal Reference: 29 CFR 1910.1200(b)(6)(vii)
Explanation: Products like snacks, beverages, and over-the-counter medications consumed by employees on the job are exempt.
Conditions for Exemption:
- Must be intended for ingestion or topical application.
- Only applies to products used personally by employees.
Example:
- Employees are using hand lotion or taking aspirin at their desks.
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4. Drugs in Retail Establishments or for Patient Use
Legal Reference: 29 CFR 1910.1200(b)(6)(vii) & (viii)
Explanation: Drugs intended for sale in retail establishments or for patient use in healthcare settings are exempt.
Conditions for Exemption:
- Retail sales of drugs like acetaminophen.
- Administration of medications by healthcare providers.
Example:
- Pharmacies stocking OTC medications.
- Hospitals administering prescription drugs.
5. Work Operations Where Employees Only Handle Sealed Containers
Legal Reference: 29 CFR 1910.1200(b)(4)
Explanation: In operations where employees handle chemicals in sealed containers, like warehouses or retail stores, written hazard communication is not always required.
Conditions for Exemption:
- Containers must remain sealed.
- SDS must be available upon request.
- Training on handling sealed containers may still be necessary.
Example:
- Warehouse workers are moving pallets of sealed cleaning agents.
6. Laboratory Use Under Laboratory Standard
Legal Reference: 29 CFR 1910.1450
Explanation: Laboratories covered under OSHA’s Laboratory Standard are not subject to the HazCom requirements but must maintain a Chemical Hygiene Plan.
Conditions for Exemption:
- The laboratory must be involved in research-oriented, non-production activities.
- A Chemical Hygiene Plan must be developed and implemented.
Example:
- University research labs.
7. Agricultural Operations (Partially Exempt)
Legal Reference: 29 CFR 1928 Subpart M
Explanation: Certain small-scale agricultural operations are exempt from some OSHA standards, including parts of hazard communication.
Conditions for Exemption:
- Farms employing only immediate family members may be exempt.
- Some state plans may impose additional rules.
Example:
- A family-owned farm with no non-family employees.
8. Workplaces Governed by Other Specific Standards
Legal Reference: 29 CFR 1910.1200(b)(6)(ii–iv)
Explanation: Workplaces or work operations already regulated by more specific hazard communication standards do not need to duplicate efforts.
Examples of Covered Standards:
- Pesticides regulated by the Environmental Protection Agency (EPA)
- Food labeling is regulated by the Food and Drug Administration (FDA)
- Alcohol and tobacco labeling are regulated by the Bureau of Alcohol, Tobacco, and Firearms (ATF)
Example:
- A winery labeling wine bottles under ATF guidelines.
Practical Implications for Employers
While these exemptions may relieve employers of the burden of maintaining a written hazard communication program, it is essential to:
- Document the justification for the exemption in case of audits.
- Ensure training still occurs if required by related standards.
- Review state-specific occupational safety plans, which may be more stringent than federal OSHA.
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Failure to comply can result in citations and penalties. For instance, an employer assuming an article exemption without validating that no chemical exposure occurs may face OSHA violations.
State Plan States – A Cautionary Note
Employers operating in states with their own OSHA-approved occupational safety and health programs (e.g., California, Washington, Michigan) must comply with their state-specific requirements. These may be more stringent and could override federal exemptions.
For example:
- California OSHA (Cal/OSHA) may require hazard communication programs even for some consumer products if usage exceeds thresholds.
Always cross-reference federal rules with state requirements.
Summary Table of Exemptions
| Category | Written HazCom Required? | Conditions for Exemption |
|---|---|---|
| Consumer Products (normal use) | No | Used as intended, infrequent use |
| Articles (no chemical release) | No | No hazardous release under normal use |
| Food, Drugs, Cosmetics (personal use) | No | Used by employees for personal consumption |
| Retail/Patient-use Drugs | No | Sold in retail or administered to patients |
| Sealed Container Handling | No | Containers remain sealed, SDS available |
| Laboratory Use (under 1910.1450) | No | Covered under Laboratory Standard |
| Agricultural Operations (family farms) | Partially | No non-family employees, check state-specific laws |
| Federally Regulated Products (FDA, EPA, ATF) | No | Regulated under other federal statutes |
Final Thoughts
Understanding where written hazard communication programs are not required is vital for legal compliance and operational efficiency. However, exemptions must be interpreted narrowly and with due diligence. Where ambiguity exists, it is safer to adopt a written HazCom program as a best practice.
For full compliance:
- Consult OSHA 29 CFR 1910.1200 and related standards.
- Document exemptions carefully.
- Monitor state-level variations.
Employers unsure about their obligations should consult a qualified Health and Safety Consultant to conduct a workplace chemical hazard audit.
References:
- Occupational Safety and Health Administration. 29 CFR 1910.1200: Hazard Communication.
- OSHA Laboratory Standard. 29 CFR 1910.1450.
- OSHA Field Operations Manual.
- U.S. Environmental Protection Agency (EPA) regulations.
- Food and Drug Administration (FDA) guidelines.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) standards.