An environmental consulting firm asked whether the Hazard Communication Standard (HCS) applies to universal waste, which is included in the definition of hazardous waste and regulated under 40 CFR 273. OSHA answered no: the HCS does not apply to hazardous wastes regulated by the U.S. Environmental Protection Agency under the Resource Conservation and Recovery Act (RCRA) (29 CFR 1910.1200(b)(6)(i)). Universal waste — including batteries, pesticides, mercury-containing equipment, and lamps — constitutes hazardous waste under RCRA and therefore qualifies for the exemption.
There's a compliance catch: the employer claiming the exemption bears the burden of demonstrating that the materials qualify under RCRA. OSHA compliance officers may require the appropriate RCRA label and any other RCRA-required identification materials as proof.
The second question drew a sharper line. Some states designate additional universal wastes (the letter's example was oil-based finishes in New Jersey). OSHA said the exemption applies exclusively to universal waste defined by federal RCRA regulations as hazardous waste. Materials subject only to state universal waste regulations fall outside the exemption and remain subject to HCS requirements if they meet the definition of hazardous chemicals.