Warning Requirements

Chemical product warnings are often dictated by multiple governmental agencies with different responsibilities. In the United States, for example, five different federal agencies and one state agency establish the regulations that apply to chemical products. These agencies and their areas of applicability are as follows  

The Occupational Safety and Health Administration (OSHA) mandates that warning labels be affixed to product containers and that material safety data sheets (MSDS) be distributed to users of commercial and industrial chemicals. M 

The Department of Transportation (DOT) dictates warnings to be applied to shipments of chemicals.  

The Consumer Product Safety Commission (CPSC) establishes regulations to enforce the Federal Hazardous Substances Act (FHSA) which requires chemical product warning labels on consumer products 

The Food and Drug Administration (FDA) mandates warnings on labels for foods, personal care, and cosmetic products. These are specifically exempt from regulation by other federal government agencies. 

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Suspensions are punitive actions meant to demonstrate the seriousness of a situation. Sometimes written warnings do not result in improved employee performance and need to be backed up by actions. Suspensions are meant to act as a final warning that current behavior is unacceptable. Like written warnings, they must be crafted carefully to include previous warnings, requirements for future actions, and consequences for not improving behavior (e.g., termination). 

Proposition 65 s warning requirement has provided an incentive for manufacturers to remove listed chemicals from their products. For example, trichloroethylene, which causes cancer, is no longer used in most correction fluids reformulated paint strippers do not contain the carcinogen methylene chloride and toluene, which causes birth defects or other reproductive harm, has been removed from many nail care products. In addition, a Proposition 65 enforcement action prompted manufacturers to decrease the lead content in ceramic tableware and wineries to eliminate the use of lead-containing foil caps on wine bottles. 

Warning requirements for consumer products are not as rigorous as those for industrial products and less attention is paid to such warnings. 

Canada, the European UnionJ10 Australia,I11 New ZealandJ12 Japan, I13l and the United Nations 14 (whose regulatory recommendations have been adopted by many nations) all have established chemical product warning requirements similar to those in the United States, though perhaps administered somewhat differently. 

Prior Commission labeling requirements have been based not merely on the standard-development provisions of Section 7 of the CPSA but on Section 27(e) of the Act as well. Industry representatives have argued that the Commission s labeling authority under Section 27(e) is extremely limited and that the Agency cannot use Section 27(e) as a statutory basis for warning requirements. While two courts have ruled on this issue to date, the precise scope of Section 27(e) has not yet been clarified. 

The meaning of failure to comply with an applicable consumer product safety rule is self-explanatory in the labeling context, failure to implement warning requirements imposed under Section 7 would potentially trigger Section 15 and, if a substantial risk of injury were created, give rise to a duty to repair, replace, or refund the purchase price of the products involved. The concept of defectiveness under Section 15 is somewhat more involved and is discussed more fully below. 

Defined in Section 3(a)(2) of the Act as either a safety standard or a product ban. As described above, however, the Court did agree with the Commission that its warning requirements were justified under the unreasonable risk criteria of Section 7. 

Plug-on power supply cord (portable or small equipment < 16 A user warning required)... 

The properly executed O SHA will address the total system interface and provide control measures for personnel interface hazards. It identifies all personnel and equipment within a determined hazard range of operations and evaluates caution and warning requirements. Special skills or additional training requirements are also typically identified in a completed O SHA. 

There are many important characteristics for instmc-tions and warnings. Effective instructions and warnings require use of good writing skills, knowledge of use environments, ergonomic principles and other factors. Table 7-1 lists 15 important characteristics of warnings. 

Warnings Wamings that identify laboratories and containers with biohazards are important. The biohazard symbol (see Figure 26-1) is an essential part of a biohazard warning. Several organizations have biohazard warning requirements and standards. ... 

Posted warnings. Posted warnings required by this subpart as well as those originally supplied with the equipment by the manufacturer must be maintained in legible condition. 

If a chemical did not meet the safety standard, then the use of the chemical could be restricted via labeling and warning requirements, recordkeeping requirements, data development obligations. 

Hazardous chemical means any chemical which is a physical hazard or a health hazard. The warning required relative to a hazardous chemical could be words, pictures, symbols, or combination of these appearing on a label or other appropriate form of warning which convey the hazards of the chemical in the container. 

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