[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31377]


[[Page Unknown]]

[Federal Register: December 22, 1994]


=======================================================================
-----------------------------------------------------------------------

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.


Secs. 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]
BILLING CODE 4510-26-M