• If using an alternative labeling system, it cannot conflict with HazCom.

Employers using alternative labeling systems must ensure that their employees are aware of all information required to be conveyed under the Hazard Communication standard (HCS). For example, any employer who relies on alternative labeling systems, instead of using labels containing complete health effects information, will — in any enforcement action alleging the inadequacy of the labeling system — bear the burden of establishing that it has achieved a level of employee awareness which equals or exceeds that which would have been achieved if the employer had used labels containing complete health effects information.

The Occupational Safety and Health Administration (OSHA) says that employers who use general, nonspecific in-plant labeling systems such as the Hazardous Materials Identification System (HMIS) or the National Fire Protection Association (NFPA) must ensure through their hazard communication program that their employees can correlate the visual warning on the in-plant container with the applicable chemical and its appropriate hazard warnings.

If an employer chooses to use an alternative labeling system, it may not conflict, cast doubt, or contradict the validity of the label information required by the HazCom standard or impede the user's ability to identify the information required by the HazCom standard. For example, under the HazCom standard, chemical labels that present specific target organ toxicity hazards must display the health hazard symbol. The skull and crossbones symbol is used only for certain acute toxicity hazards. If an in-house label used the skull and crossbones symbol for a specific target organ toxin, it would conflict with 1910.1200.

Where all hazards are not addressed by a particular rating system, such as chronic health hazards, the hazards not addressed must be communicated by words, pictures, symbols, or a combination, in addition to the rating system number. If any of the OSHA-required in-house label information is missing, it is not compliant with the standard.

NFPA^® or HMIS^® rating systems do not directly correlate with the HCS classifications (e.g., the NFPA^® rating of 1 (“low”) does not correlate with HCS classification of 1 (“high”). Category numbers do not appear on HazCom shipped container labels and are not equivalent to the numbers used in the hazard rating systems. A user of the HMIS^® or NFPA^® system should use those systems as they are designed, and not try to include HazCom standard classifications as part of the label.

Be aware that under Department of Transportation (DOT) 49 CFR 172.401, "No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part." The square-on-point label under NFPA 704 is prohibited from appearing on a DOT hazardous materials container when shipped because of its shape, but that NFPA^® label is not prohibited for containers used in-house. Also, the DOT restrictions for label color, design, and shape do not apply to packages labeled in conformance with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).