MSDS and Label Preparation

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Labeling

WAC 296-839-400

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Summary

Your Responsibility:

To provide employers with containers of hazardous chemicals that are properly labeled.

You must

 

Label containers of hazardous chemicals.


Rules

WAC 296-839-40005

Label containers of hazardous chemicals.

Exemption

Exemption:

Containers are exempt from this section if ALL hazardous contents are listed in Table 11.

You must

  • Make sure every container of hazardous chemicals leaving the workplace is properly labeled. This includes ALL of the following:

  • - The identity of the hazardous chemical (the chemical or common name) that matches the identity used on the MSDS
    – An appropriate hazard warning
    – The name and address of the chemical manufacturer, importer, or other responsible party
    – Make sure labeling doesn’t conflict with the requirements of:
    • The Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.)
      AND
    • Regulations issued under the act by the U.S. Department of Transportation (Title 49 of the Code of Federal Regulations, Parts 171 through 180). See http://www.dot.gov
  • – Revise labels within 3 months of becoming aware of new and significant information about chemical hazards
  • – Provide revised labels on containers beginning with the first shipment after a revision, to manufacturers, distributors or employers
  • – Revise the label when a chemical isn’t currently used, produced or imported, before:
    • You resume shipping (or transferring) the chemical
      OR
    • The chemical is reintroduced in the workplace
  • – Label information
    • Clearly written in English
      AND
    • Prominently displayed on the container

Note

Note:

When the conditions specified in Table 10 are met for the solid material products listed, you aren’t required to provide labels for every shipment.

Table 10
Labeling for Solid Materials
You need only send labels with the first shipment, IF the product is
AND
Whole grain
  • It's shipped to the same customer
    and
  • No hazardous chemicals are part of or known to be present with the product which could expose employees during handling
  • – For example, cutting fluids on solid metal, and pesticides with grain
Solid untreated wood
Solid metal

For example: Steel beams, metal castings

Plastic items

 

Exemptions:

The chemicals (and items) listed in Table 11 are EXEMPT from THIS SECTION under the conditions specified. Requirements in other sections still apply.

Table 11
Conditional Label Exemptions
This section doesn't apply to
When the product is
  • Pesticides
  • - Meeting the definition of "pesticides" in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). See Title 7, U.S.C. Chapter 6, Subchapter II, section 136 at http://www.gpoaccess.gov/uscode/index.html
  • A chemical substance or mixture
  • -Meeting the definition of "chemical substance" or "mixture" in the Toxic Substance Control Act (TSCA). See Title 15 U.S.C. Chapter 53, Subchapter II, section 2602 at http://www.gpoaccess.gov/uscode/index.html
  • Each of the following:
  • - Food
  • - Food addititves
  • - Color Additives
  • - Drugs
  • - Cosmetics
  • - Medical devices or products
  • - Veternary devices or products
  • - Materials intended for use in these products (for example: flavors and fragances)
  • As defined in
  • -The Federal Food, Drug, and Cosmetic Act. See Title 21 U.S.C. Chapter 9, Subchapter II, section 321 at http://www.gpoaccess.gov/uscode/index.html
    or
  • -The Virus-Serum Toxin Act of 1913. See Title 21 U.S.C. Chapter 5, section 151 et seq. at http://www.gpoaccess.gov/uscode/index.html
    or
  • - Regulations issued under these acts. See Title 21 Part 101 in the Code of Federal Regulations, and Title 9, in the Code of Federal Regulations at
  • http://www.gpoaccess.gov/cfr/index.html
  • Subject to:
  • - Labeling requirements
    in Federal Food, Drug, and
    Cosmetic Act, Virus-Serum Toxin Act of 1913, and
    issued regulations
    enforced by the United
    States
  • Each of the following:
  • - Distilled spirits (beverage alcohols)
    and
  • - Wine
    and
  • - Malt beverage
  • Agriculture seed
    and
  • Vegetable seed treated with pesticides

 

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