Welcome back to Heath and Safety in live entertainment. Today’s discussion is about labels.

Product labels have been a force in America marketing for nearly 200 years.[1] They continue to be an important way to market products today. Labels started as painted symbols on crates, printed logs on flour sacks and tied tags on packages. The painted or printed markings were used to designate what products were inside each of the different opaque containers. Printed product labels did not come into wide spread use until the late 1800’s. Drug labels came into common use because of the need to label pills. As time passed labels evolved. Labels became a marking tool to sell products.

In 1924 the Supreme Court ruled that the food and drug act condemns any statement or design that may mislead or deceive even if technically true. [2] Later on the FDA began pursuing the idea that labels needed to address the safety of the consumer. In 1949 the FDA published guidance to the industry first time called Procedures for the appraisal of toxic chemicals in food. [3] This was also known  as the Black Book.

So what is happening with labeling today? A United Nations working group created the Globally Harmonized System of Classification[4] . The United States Department of Labor Occupational Health and Safety Association have moved forward and adopted the system of classification of hazardous materials.[5] The United States Department of Labor Occupational Health and Safety Administration has updated the Hazardous Communications Standard[6] . In the previous version, the standard gave the workers the right to know. The new standard gives workers the right to understand. The Hazardous Communication Standard (HCS) is now aligned with the Globalized Harmonized System (GHS) system of classifications of labeling and chemicals, also known as GHS. This update to the Hazard Communication Standard will provide a common and unified approach to classifying chemicals and communicating hazard information on labels and safety data sheets.

 

Hazardous Communication Standards

In order to assure chemical safety in the work place information about identity’s and hazards of the chemicals must be available and understandable to the workers. [7] OSHA’s hazard communication standard requires the development and dissemination of such information. Chemical manufacturer’s and importers are required to evaluate the hazards of the chemicals  they produce or import and produce labels and safety data sheets to communicate the hazard information to their down stream customers.  All employers with hazardous chemicals in the work place must have labels and safety data sheet for their exposed workers. And train them to handle the chemicals appropriately. Chemicals are imported and exported throughout the world. A consistent approach to labeling will minimized confusion and problems associated with conflicting international requirements for hazard classifications. The hazard communication standard for hazardous labeling is a standardized approach to labeling chemicals. The globally harmonized system recommends that standard symbols and other information appear on the labels to insure proper handling and use in the workplace.

 

How Communications work

The information trail begins with the manufacturer who creates or provides the product. They create the label and safety data sheet. When a customer purchases the product, the assumption is each container has a label and a safety data sheet is obtainable from the manufacturer. When the product arrives in the shop, the employer stores the items safely and puts the safety data sheet in a binder available to all employees. (Can be digital if stored correctly) The employer must read the safety data sheet and provide safety training on the usage, storage, clean up and personal protection devices needed for use with the product for their employees.  The employees have the right to read the safety data sheet and get the appropriate training before work begins with the chemical.

OSHA Quick Card

This is OSHA’s quick card[8]. It show the mandatory content. In the United States materials classified as hazardous must have labels that include specific items:

• Product identifier (the name)
• Pictogram -a graphic including a border, background, pattern or color that conveys a specific information about the chemical. The symbol will appear on a white background surrounded by a red diamond.
• Signal word- Below the pictogram on the label (words such as danger or warning) alerts the end used to the potential hazard of the chemical.
• Hazard statements- Describes the nature of the hazard of the chemical including the degree of the hazard. All the applicable hazard statements must appear on the label.
• Precautionary Statements- information about preventing adverse effects from, exposure to hazardous chemical, improper storage, or handling of the hazardous chemical.
• Contact info- name, address, telephone number of manufacturer and or distributer.

Pictograms

As of June 1, 2015 the hazard communication standard will require pictograms on labels to alert users of the hazardous chemical to which they may be exposed.

So, a quick question?

Can you transfer material into an unlabeled container in a workplace?

The answer is yes. If you use it in the current work time. But, you cannot leave the material in the container, unless you label it correctly. (See above OSHA Quick Card)

Products not included in the new label laws

What products are not included in the new label rules and regulations?

• Distilled spirits, wine, malt beverage intended for non-industrial use are covered by the federal alcohol administration act.[9]
• Food, food additive, color additive, drug or cosmetic, medical or veterinary device or product including materials intended or ingredients of such products are covered under the Federal Food Drug Cosmetic Act. [10]
• Cosmetics that are packaged and sold are considered consumer items. (See below)
• Wood and lumber products that are not processed are only considered hazardous in terms of flammability and combustibility. But any wood or wood by products covered with hazardous chemicals are covered by the standard. This includes wood that is sawed generating dust.
• Tobacco and tobacco products are covered by the Borough of Alcohol, tobacco. Fire arms and explosives.

Consumer Products

Consumer products are not required to follow the hazardous communication standard. Products in the consumer range follow the Fair Packaging and Labeling Act[11]. It was enacted in 1967 by the Federal Trade Commission and the Food and Drug Administration. These regulations required all consumer  commodities be labeled to disclose the net content, the identification of the commodity and the name and place of business of the product manufacturer, packer or distributer. The act also authorizes additional regulations necessary to prevent consumer deception or to help facilitate value comparisons of products. The purpose of the act was to design and facilitate value comparisons to prevent unfair or deceptive packaging and labeling of household consumer commodities.  The Fair packaging and labeling Act   covers general consumer and Art materials.

Confusing Label Language

So let’s talk about some of the language manufacturers put on their product labeling.

• Biodegradable Liquids can go down the drain and solids in the trash[12].
• Water-Based has water as an ingredient.
• Contains no VOC’s (Volatile organic chemical) No solvents that can react with the atmosphere to create smog[13].
• GRAS Generally recognized as safe.( An ingredient that has been used for years or had been tested and approved by the FDA. Mostly used for food or food packaging)[14]
• Nontoxic The ingredients do not kill more than half the animals used in short term proximity tests. [15]
• Nontoxic on art materials Testing of such materials has shown the used will not be exposed to significant amounts of known toxic chemical ingredients. So unknowns are left alone. [16]
• Natural The maker wants the consumer to believe the product is not toxic due to the origin of the ingredients.[17]
• Use with adequate ventilation something toxic gets airborne during the use of this product.

Art Label

Here is an example of an art label. It is nice to see there is a warning on it. Which is why I picked it. It is not an awesome label, but it also not terrible as it does have current content on it. The warning labels on the product are your first alert that the material may be hazardous. At least this is true when the art materials are properly labeled as is required by the Federal Substance Act and the Labeling of Hazardous Art Materials Act of 1988.[18] This was an update to the last Act. Under the current Federal Hazardous Substances Act; art materials are defined as any substance marketed or represented by the producer or repackager as suitable for use in creating of any work of visual or medium graphic art or any other medium. Children’s products that may meet this definition include but are not limited to crayons, chalk, paint sets, colored pencils and modeling clay.

 

The Federal Hazardous Substances Act[19]

This Act was passed December 4, 2012. First, this act only covers products that are around or near where people live. Products that are stored in the garage, carport or shed within proximity to the household is also covered. The act requires hazardous household products, also now thought of as hazardous substances to bear labels that alert consumers to the potential hazards those products present.  And tells them what they need to do to protect themselves and their children from the hazard.

For a consumer product to move up into the hazardous communication standard depends on its contents and the likelihood a consumer will be exposed to any hazards present. To require labeling the product must first be toxic, corrosive, flammable, combustible, an irritant, a strong sensitizer, or it must generate pressure through decomposition, heat or other means.    Second, the product must have the potential to cause substantial injury or illness during or as a result or handling or use. Including reasonable foreseeable ingestion by children. [20]

So the Federal Hazardous substance act has stepped up the rules on consumer products.

So the big question, are there any guidelines you can use to evaluate exposure to a product and the risk of injury it may present? The answer is no. In all the Acts I read. There are no formal guidelines. However before you purchase a product, make some wise considerations.

1. How the contents or the form of the product might cause injury?
2. How is the products intended handling, use and storage effect the end user?
3. Are there any accidents that are foreseeable, happening to the handler, in use or storage of the materials? Especially young children who get in to the packaging.

Summary Handling Hazardous Materials

Before you buy something that might be a hazardous chemical, or use it in your shop, research the product. Try to find a safer alternative. Obtain the safety data sheet. Read the labels. And, then use the personnel protection equipment suggested. Plan for safe clean-up of any spills. In addition, be sure to the appropriate storage for the product, when not in use.

[1] Brewers, Paula . “The History of Labels.” Navitor Impressions Blog, 3 Sept. 2013, www.navitor.com/blog/the-history-of-labels/.

[2] “Milestones in U.S. Food and Drug Law History – Significant Dates in U.S. Food and Drug Law History.” U S Food and Drug Administration Home Page, www.fda.gov/AboutFDA/WhatWeDo/History/Milestones/ucm128305.htm.

[3] “Milestones in U.S. Food and Drug Law History – Significant Dates in U.S. Food and Drug Law History.” U S Food and Drug Administration Home Page, www.fda.gov/AboutFDA/WhatWeDo/History/Milestones/ucm128305.htm

[4] “UNITED STATES DEPARTMENT OF LABOR.” Occupational Safety and Health Administration, www.osha.gov/dsg/hazcom/global.html.

[5] “UNITED STATES DEPARTMENT OF LABOR.” Occupational Safety and Health Administration, www.osha.gov/dsg/hazcom/global.html.

[6] “UNITED STATES DEPARTMENT OF LABOR.” Occupational Safety and Health Administration, www.osha.gov/dsg/hazcom/index.html.

[7] “UNITED STATES DEPARTMENT OF LABOR.” Occupational Safety and Health Administration, www.osha.gov/publications/OSHA3636.pdf.

[8] “UNITED STATES DEPARTMENT OF LABOR.” Occupational Safety and Health Administration, www.osha.gov/Publications/OSHA3492QuickCardLabel.pdf.

[9] “Alcohol and Tobacco Tax and Trade Bureau.” Alcohol and Tobacco Tax and Trade Bureau, www.ttb.gov/“Alcohol and Tobacco Tax and Trade Bureau.” Alcohol and Tobacco Tax and Trade Bureau, 9ADAD, www.ttb.gov/. originally published Sept 2006

[10] Commissioner, Office of the. “Federal Food, Drug, and Cosmetic Act (FD&C Act).” U S Food and Drug Administration Home Page, Office of the Commissioner, www.fda.gov/RegulatoryInformation/LawsEnforcedbyFDA/FederalFoodDrugandCosmeticActFDCAct/default.htm.

[11] “Fair Packaging and Labeling Act.” Federal Trade Commission, 20 Nov. 2015, www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-packaging-labeling-act.

[12] “Biodegradable.” Merriam-Webster, Merriam-Webster, www.merriam-webster.com/dictionary/biodegradable.

[13] “Technical Overview of Volatile Organic Compounds.” EPA, Environmental Protection Agency, 12 Apr. 2017, www.epa.gov/indoor-air-quality-iaq/technical-overview-volatile-organic-compounds.

[14] Center for Food Safety and Applied Nutrition. “Generally Recognized as Safe (GRAS) – How U.S. FDA’s GRAS Notification Program Works.” U S Food and Drug Administration Home Page, Center for Food Safety and Applied Nutrition, www.fda.gov/Food/IngredientsPackagingLabeling/GRAS/ucm083022.htm.

[15] Momona Rossol, The Artist’s Complete Health and Safety Guide, Allworth Press, (1990; 2nd Ed.,1994; 3rd Ed., 2001)

[16] Lynn. “What Does “Non-Toxic” on a Label Mean?” Living in a Chemical Soup: Detox Your House, 9 Mar. 2010, chemicalsoup.wordpress.com/2009/02/26/what-does-non-toxic-on-a-label-mean/.

[17] Monona Rossol; The Health & Safety Guide for Film, TV & Theater, Allworth Press, (2001). This book covers the major health and safety hazards and precautions and OSHA regulators applicable to technical theater workers (e.g., scenic designers and artists, costume and prop makers, etc.) and performers.

[18] “15 U.S. Code § 1277 – Labeling of art materials.” LII / Legal Information Institute, www.law.cornell.edu/uscode/text/15/1277.

[19] “CPSC.gov.” CPSC.gov, 8/12/2011, https://www.cpsc.gov/s3fs-public/fhsa.pdf www.cpsc.gov/s3fs-public/fhsa.pdf.

[20] “Federal Hazardous Substances Act (FHSA) Requirements.” CPSC.gov, 29 Nov. 2017, www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/FHSA-Requirements.