The OSHA interpretation letter from May 3, 2023, addresses concerns regarding arsenic-treated wood. The letter clarifies that the Inorganic Arsenic Standard (29 CFR § 1910.1018) does not cover arsenic-treated wood, which is a preservative used in certain types of lumber. However, OSHA acknowledges that this wood is still subject to the Hazard Communication Standard (HCS, 29 CFR § 1910.1200). Under the HCS, employers of workers exposed to wood dust, including arsenic-treated wood, must provide appropriate hazard communication, including training, labels, and Safety Data Sheets (SDS).

This interpretation also highlights that while residential use of arsenic-treated wood largely ended in 2004, there are still potential exposures in construction and renovation work involving existing structures. OSHA reinforces that employers must ensure that workers are informed of the hazards associated with arsenic-treated wood, and that measures for worker protection, such as personal protective equipment (PPE) and training, must be in place.

Additionally, the letter contrasts this approach with that for hexavalent chromium-treated wood, which is covered under OSHA's Hexavalent Chromium Standard. In contrast, no such coverage applies to arsenic-treated wood beyond the HCS. See more here.

The OSHA Standard Interpretation dated November 21, 2023 addresses the applicability of the Hazard Communication Standard (HCS) 29 CFR 1910.1200 to industrial markers containing liquid paint or ink. The key point is that these markers, when containing hazardous chemicals, fall under the scope of HCS.

• Labeling: Manufacturers and importers must label these products in compliance with the HCS, ensuring proper hazard communication. This includes providing appropriate hazard warnings and symbols on the product's label.
• Safety Data Sheets (SDS): An SDS must also be supplied for the industrial markers containing hazardous chemicals. These data sheets should cover all relevant safety and health information about the product's chemicals, per HCS standards.
• End-User Obligations: Employers using these products must also comply with HCS by maintaining an up-to-date SDS and ensuring that workers are trained on the hazards and proper handling of these products.

The interpretation reinforces that even for everyday products like markers, if hazardous chemicals are present, strict HCS rules apply. See more here.