EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Sweetheart Cup Company, Inc. - DAR


The Board reversed the ALJ’s findings that the Division had failed to prove that a container including DMEA or "amine" was not labeled with target organ and exposure symptom warnings, because some of the evidence offered by the inspector was credible, even though the ALJ found other evidence offered by the inspector not to be credible. The Employer proved that the container was a "stationary process container," and it therefore was not required by section 5194(f)(4)(B) to label the container because Employer had complied with the exception to container labeling provided in section 5194(f)(5), which allows the use of "signs, placards, process sheets, batch tickets, operating procedures or other such written materials as long as the alternative method conveys the information section 1541(f)(4) requires to be on the label."

SWEETHEART CUP COMPANY, INC. 95-R3D3-979
November 5, 1999