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Much misinformation has existed
concerning whether or not industrial batteries are considered to be "articles"
and thereby excluded from reporting requirements. Since many facilities have
erroneously used the "article" exemption to disregard these reporting
requirements, a clarification has now been made.
"Since lead/acid batteries
produce hydrogen gas in only very small, i.e., minute quantities, during normal conditions
of use, it would appear that they would be exempted as articles under the HCS. Why
are lead/acid batteries covered by the HCS?"
"Lead/acid batteries have the
potential to leak, spill or break during normal conditions of use and in foreseeable
emergencies and may expose employees to the acid contained therein. In addition to
this, lead/acid batteries have the potential to emit hydrogen gas, which may result in a
fire or explosion upon ignition. Employees who handle these batteries are entitled
to information regarding the hazards of exposure." (Question and answer taken from an
OSHA response to a question from the Texas Department of Public Health, dated 6/20/1997.
More On The
"Article" Debate
29 CFR 1910.1200 appears to
start the whole OSHA and EPA process related to the definition of "article."
OSHA Instruction CPL 2-2.38D Office of Health Compliance Assistance:
"As mentioned in the preamble to
the August 24, 1987 rule, exposures to releases of 'very small quantities'; e.g., a trace
amount, are not considered to be covered by the HCS. Thus, absent evidence that releases
of such 'very small quantities' could cause health effects in employees, the article
exception to the rule's requirements would apply. The following items are examples of
articles:
- Stainless
steel table
- Vinyl
upholstery
- Tires
- Adhesive
tape
The following items are examples of
products which would NOT be considered "articles" under the standard, and would
thus not be exempted from the requirements:
Metal ingots that will be melted under
normal conditions of use.
Bricks for use in construction
operations, since, under normal condition of use, bricks are cut or sawed, thereby
resulting in exposure to crystalline silica.
Switches with mercury in them that are
installed in a maintenance process when it is known that a certain percent break under
normal conditions of use.
Lead acid batteries which have the
potential to leak, spill or break during normal conditions of use, including foreseeable
emergencies. In addition, lead acid batteries have the potential to emit hydrogen which
may result in a fire or explosion upon ignition.
It should be noted that the only
information that has to be reported in these situations is that which concerns the hazard
of the released chemical. The hazardous chemicals which are still bound in the article
would continue to be exempted under the 'article' exemption."
Note: This was taken directly from
OSHA Instruction CPL 2-2.38D, and the only changes made were the addition of bullets and
quote marks. -WM
Reference: http://www.osha-slc.gov/OshDoc/Interp
data/I19970620.html. |
