Consumer product exemption and batteries

Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds.  Facility owners or operators must file MSDSs and Tier inventory forms for each hazardous chemical which meets the reporting criteria.  A facility purchases non-industrial batteries in the same form as those packaged for use by the general public.  Must the facility consider the batteries when calculating whether Sections 311/312 thresholds have been triggered?

No.  Section 311(e)(3) exempts "any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use for the general public."  Because the public is generally familiar with the hazards posed by such materials, the disclosure of such substances is unnecessary for right-to-know purposes.  The exemption extends to any substance packaged in the same form or concentration as a consumer product whether or not it is used for the same purpose as the consumer product (October 15, 1987, 52 FR 38344).