Table of Contents   

PARAGRAPH (g) - MATERIAL SAFETY DATA SHEETS

MSDS requirements for manufacturers and importers of hazardous paints

29 CFR 1910.1200(g)

...[T]he OSHA Hazard Communication Standard, 29 CFR 1910.1200 (copy enclosed), requires the manufacturer OR importer of a hazardous paint to conduct a hazard determination and to prepare a material safety data sheet (MSDS) for the paint and to provide the MSDS [to] employers who use the paint.

letter: DHorn 04-04-95

Purpose of MSDS requirement

29 CFR 1910.1200(g)

MSDSs are specified by section 1910.1200(g) of the HCS. The MSDS lists the hazardous ingredients of a product, its physical and chemical characteristics (e.g. flammability, explosive properties), its effect on human health, the chemicals with which it can adversely react, handling precautions, the types of measures that can be used to control exposure, emergency and first aid procedures, and methods to contain a spill. When new regulatory information, such as exposure limits, or new health effects information becomes available, the MSDS must be updated to reflect it.

Employers and employees need the information contained on MSDSs to protect themselves from hazardous chemical exposures and to work safely with chemical products. The result will be a reduction in chemical source illness and injuries in the workplace. Since the HCS became effective, the use and distribution of MSDSs have proven to be an effective and efficient way to ensure that employers and employees can obtain necessary information on the hazards associated with exposure to chemicals in the workplace.

It should also be noted that MSDSs are only required for hazardous chemicals. In reality, MSDSs are prepared and provided for many products that are not covered by the HCS. It is our understanding that this is being done for product liability purposes, not for compliance with any Federal regulation. In fact, MSDSs were prepared and made available by many producers prior to implementation of regulatory requirements. In addition, many customers request MSDSs on all products, whether they are hazardous or not. This practice has also encouraged producers to provide MSDSs for non-hazardous products. While OSHA does not require or encourage this practice, we certainly do not have the authority to prohibit producers from distributing such MSDSs.

letter: JBarcia 01-25-95

see also: TDelay 06-22-92

Performance oriented MSDS requirements

29 CFR 1910.1200(g)

For each hazardous chemical in the workplace, [an employer] is required by the HCS (29 CFR 1910.1200(g)) to maintain a copy of the MSDS. [T]he role [of the MSDS requirements is] performance oriented, establishing what information must be included on the document, but not the specific format in which it must be presented. The MSDS contains valuable information on the hazards of a product, particularly regarding safe handling, clean-up, and first aid procedures.

letter: BGoodlatte 09-21-94

MSDS requirements versus consumer information sheet requirements for manufacturers and distributors of copper chromated arsenate (CCA) pressure-treated wood

29 CFR 1910.1200(g)

...[C]onsumer information sheet[s are] not required by the HCS. For clarification, the Emergency Planning and Community Right-to-Know Act (EPCRA) provides that owners or operators of facilities must submit information in the form of material safety data sheets (MSDSs), as required by the Occupational Safety and Health Act, or emergency and hazardous chemical forms about the hazardous substance at their facilities to the local emergency planning committee, the state emergency response commission, and the local fire department. In turn, this information may be restructured into information/fact sheets for interested community residents.

Further, EPCRA requires facility to government reporting, with annual inventory updates. The statute does not mandate facility to consumer reporting. On a federal level, consumer information sheets cannot substitute for the emergency and hazardous chemical forms, nor can they be used by the manufacturer to substitute for an MSDS under 29 CFR 1910.1200.

letter: MSessa 08-31-94

Standardizing the format of MSDSs: future efforts

29 CFR 1910.1200(g)

OSHA published a request for comments and information (RFI) in the Federal Register on May 17, 1990, which addressed issues related to standardizing the format of material safety data sheets (MSDSs). Approximately 600 responses to this request were received by the Agency, and the majority of the respondents supported having a standardized format or order of information. Various reasons for this support were provided by respondents, including making the MSDSs easier to read and use, and facilitating electronic storage and transfer. It is likely that OSHA will publish a notice of proposed rulemaking (NPRM) to address this issue sometime next year. All interested parties will be given the opportunity to provide written comments on the proposal, and to provide oral comments during informal public hearings.

There is a significant private sector initiative underway to address this issue as well. The American National Standards Institute (ANSI) is in the process of finalizing a voluntary consensus standard, [ANSI 2400.1] that establishes a recommended order of information for MSDSs. It is expected that this standard will be completed later this year. In the ANSI process, many industry organizations and other interested parties were consulted regarding the content of the standard on MSDSs, and given an opportunity to provide comment and vote on the acceptability of the provisions. Certainly, this standard will be a primary consideration in the development of regulatory alternatives for the OSHA NPRM.

letter: DRitter 08-05-92 Congress

Regulatory burden of the HCS: many MSDSs prepared for nonhazardous products

29 CFR 1910.1200(g)

It should also be noted that material safety data sheets (MSDSs) are prepared and provided for many products that are not covered by the Hazard Communication Standard (HCS). It is our understanding that this is being done for product liability purposes, not for compliance with any Federal regulation. In fact, MSDSs were prepared and made available by many producers prior to implementation of regulatory requirements. In addition, many customers now request MSDSs on all products, whether they are hazardous or not. This practice has also encouraged producers to provide MSDSs for non-hazardous products. While OSHA does not require or encourage this practice, we certainly do not have the authority to prohibit producers from distributing such MSDSs.

In May 1992, the General Accounting Office (GAO) issued a report entitled Employers' Experiences in Complying With the Hazard Communication Standard. In that report, employers surveyed indicated that almost 70% of small employers (fewer than 20 employees) reported little difficulty with the MSDS requirements. And over 56% of all employers reported a "great" or very "great" improvement "in the availability of hazard information in the workplace and in management's awareness of workplace hazards." Perhaps most significantly, about 30% of employers reported that they replaced hazardous chemicals used in their workplaces "with less hazardous ones because of information they received on an MSDS". We find these results to be very encouraging and supportive of the HCS.

letter: TDeLay 06-22-92 Congress

see also: JBarcia 01-25-95

Improving utility of MSDSs and future agency activities

29 CFR 1910.1200(g)

We recognize that material safety data sheets (MSDSs) can be improved, and will determine what regulatory action is necessary when the industry voluntary consensus standard is completed and reviewed. We are also involved in efforts to internationally harmonize such requirements to eliminate technical barriers to trade, and improve the information available. All of these activities will be factored into our rulemaking.

letter: TDeLay 06-22-92 Congress

HCS and mine safety and health administration (MSHA)

29 CFR 1910.1200(g)

Regarding the application of OSHA's Hazard Communication Standard (HCS) on mining property within MSHA jurisdiction ... This memorandum is to remind you that the requirements of OSHA's HCS to develop and transmit material safety data sheets (MSDSs) to downstream employers cannot be applied to mine operations under MSHA jurisdiction. ... We have informed MSHA that the Program Information Bulletin is now out of date since OSHA expanded the HCS in 1987 to cover all workplaces (within OSHA jurisdiction), and that MSHA itself has proposed a hazard communication rule (Federal Register, November 2, 1990, Vol. 55, No. 213, pages 46400 through 46441) which will, when finalized, be applicable to mining operations under their jurisdiction.

memorandum: PClark (DCP) to Regional Administrators 03-03-92

General MSDS requirements

29 CFR 1910.1200(g)

The material safety data sheet (MSDS) requirements apply to free samples provided by chemical manufacturers and importers since the hazards remain the same regardless of the cost to the employer.

Even though solid metals are covered differently under the labeling requirements, the full MSDSs requirements still pertain.

Chemical manufacturers often receive requests for MSDSs from customers for chemicals or articles which are not covered under the Hazard Communication Standard (HCS). The HCS does not require MSDSs to be provided under those circumstances. If the chemical manufacturer/importer chooses to provide the MSDSs as a customer service, it may be noted on the sheet that the chemical or article has been found by the company not to be covered by the rule. For example:

The MSDSs may not indicate that OSHA has made such a finding for the product since the Agency does not make such case-by-case hazard determinations.

The safety and health precautions on the MSDSs must be consistent with the hazards of the chemicals. Some MSDSs include recommendations for protective measures that are for "worst case scenarios," e.g., recommending supplied air suits for products of relatively low toxicity. The HCS requires that accurate information be provided on the MSDSs. This applies as much to "overwarning" on the MSDSs/label as well as the absence of information ("underwarning").

CPL 2-2.38C: A-28 10-22-90

MSDS requirements: OSHA and EPA

29 CFR 1910.1200(g)

Material safety data sheets (MSDS) are information bulletins about hazardous chemicals that are required under OSHA's Hazard Communication Standard (HCS). Under OSHA's HCS, the MSDSs are prepared by chemical manufacturers and importers for the hazardous chemical products they produce or import, and are subsequently provided to their employees and to other employers purchasing their products.

Subsequent to OSHA's promulgation of these requirements, Congress adopted the Superfund Amendments and Reauthorization Act of 1986 (SARA) which mandated the use of OSHA's required MSDSs for emergency planning and community right-to-know. SARA is administered by the Environmental Protection Agency (EPA). As a result of this Congressional extension of the use of MSDSs, the audience for the information, and the purposes to which it would be put, were greatly expanded.

OSHA published a request for comments and information on May 17, 1990, to solicit public input regarding suggestions for improving the presentation and quality of chemical hazard information transmitted on MSDSs. As indicated in the notice, we will be sharing the information received with EPA. When the information submitted is analyzed, OSHA will determine whether changes need to be made to current regulations regarding MSDSs. Non-regulatory alternatives, such as the development of guidelines for MSDS preparers, will also be examined.

letters: FGrandy 08-17-90, CGrassley 09-11-90

Generic MSDSs and demolition materials

29 CFR 1910.1200(g)

The procedures ... meet the requirements of the Hazard Communication Standard (HCS). These procedures include obtaining material safety data sheets (MSDSs) on various types of metals and common alloys, reviewing these MSDSs in training sessions and keeping them at each job site, explaining the hazards of ... fumes and the proper precautions, as well as complying with all other hazard communication requirements. ... the MSDS you obtain will not be specific to the actual material being demolished. Adequate information on the "generic" MSDS should be shared with affected employees during the training sessions. ... the "generic" MSDS are only for training purposes to provide general information to affected employees. They will not contain the substance-specific information that other MSDS required under the HCS and produced by chemical manufacturers will contain, e.g., most importantly, emergency contact information.

letter: RBrooks 01-09-90

MSDS for pharmaceuticals--package inserts not sufficient

29 CFR 1910.1200(g)

At the present time material safety data sheets (MSDS) are required for all hazardous chemicals, including pharmaceuticals, where there is the potential for employee exposure. Package inserts, etc. cannot be utilized in lieu of the MSDS since they do not meet the specification requirements of MSDS under the present rule.

[Originally written for the medical industry]

letter: GBaril 12-28-89

Drug products and MSDSs

29 CFR 1910.1200(g)

The material safety data sheet (MSDS) provisions for drugs are being enforced in response to the order of the United States Court of Appeals for the Third Circuit. The provision and maintenance of material safety data sheets is an integral part of an employer's hazard communication program. Therefore, lack of MSDSs for covered drug products cannot be considered a de minimis violation, since they do have a direct or immediate relationship to safety and health.

[Originally written for the medical industry]

letter: LBierlein 06-20-89

MSDS for nonhazardous products

29 CFR 1910.1200(g)

The format and appearance of a material safety data sheet may be decided by the preparer. The inclusion of the statement "OSHA opinion [is] that a material safety data sheet is not necessary for non-toxic products" may be misleading. We suggest the following alternative language be considered; "This product is not considered to be or contain hazardous chemicals based on evaluations made by our company under the OSHA Hazard Communication Standard, reference 29 CFR 1910.1200."

Chemical manufacturers and importers are responsible for hazard determinations and the development of material safety data sheets for hazardous chemicals under the Hazard Communication Standard. Trade associations would not be party to OSHA citations issued to specific manufacturers for violations of the Hazard Communication Standard. Material safety data sheets may be prepared for non-hazardous chemicals, however, care must be taken to ensure that inapplicable generic warnings are not used on such forms.

letter: MNeville 09-17-87

Requirements for product specific vs. generic MSDSs

29 CFR 1910.1200(g)(1)

[This is] a situation where the company is not in compliance with the HCS; the employer does not have essential information about hazardous chemicals in the workplace. The CD ROM alternative...would not meet the HCS intent. The HCS requires that employers have an MSDS for each hazardous chemical which they use [(29 CFR 1910.1200(g)(1))]. Part of the employer's Hazard Communication Program is to ensure that all MSDSs are maintained and that "good faith efforts" are taken to acquire missing MSDSs from the chemical manufacturer, importer or distributor [(29 CFR 1910.1200(e)(1))].

The specific chemical's MSDS itself, not just "MSDS information" must be available to workers. If the MSDSs utilized in your electronic system are specific to each product and contain the same chemical identity as used on the required label of the chemical, so as to allow cross referencing between the two, then this aspect of your system would meet the intent of the standard. If the MSDS provided is not product specific, the intent of the standard would not be met.

letter: JBalsamo 02-01-94

Maintaining all MSDSs on a chemical produced by several manufacturers

29 CFR 1910.1200(g)(1)

Given the performance oriented nature of the standard, an employer must be certain that employees are provided all the necessary information concerning the hazards of chemicals in the workplace. There are a number of concerns with the approach you describe. First, you must ensure that the specific identity on the MSDS can be cross referenced to the corresponding label of the hazardous chemical containers [(29 CFR 1910.1200(g)(2)(i))]. Second, the employer must ensure that employees are informed during the hazard communication training of this practice of using one MSDS as representative of all vendors, otherwise it could lead to confusion [(29 CFR 1910.1200(h)(3)(iv))]. Third, the MSDS you select must have complete and accurate information as required by section (g)(5) of the HCS. And finally, the standard requires that the MSDS contain the name, address and telephone number of the party who prepares or distributes the MSDS [(29 CFR 1910.1200(g)(2)(xii))]. The party listed must be able to provide additional information on the hazardous chemicals or clarification of the information on the MSDS, as well as, additional emergency procedures, if necessary, in lieu of the actual manufacturer. A chemical manufacturer, importer or distributor may not wish to and is not required to act as the responsible party for a chemical that they did not produce.

letter: JBalsamo 02-01-94

Requirements of a pharmacy in obtaining MSDSs from drug manufacturers

29 CFR 1910.1200(g)(1)

Yes, the pharmacy is to contact the drug manufacturer, importer, or distributor to request a MSDS. This action should be documented in the form of a letter. Section (g)(1) of the standard states that "the employer shall have a MSDS for each hazardous chemical they use." However, employers are not to be held responsible for inaccurate information on the MSDS which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer or distributor.

Please bear in mind that the package inserts and the Physician's Desk References cannot be accepted in lieu of MSDSs, as these documents do not meet the specification requirements of MSDSs under the present rule.

letter: CCoe 01-03-94

MSDSs provided by manufacturers and importers, not OSHA

29 CFR 1910.1200(g)(1)

You requested that OSHA send you updated material safety data sheets (MSDSs) for the products listed in your letter. The Hazard Communication Standard (HCS) requires manufacturers, importers and distributors to send MSDSs with initial shipments to all downstream users, for any item that would expose employees to hazardous chemicals. OSHA does not provide MSDSs to employers. We suggest that you contact the manufacturer or distributor of the products listed in your letter to request updated MSDSs. If the manufacturer or distributor will not send you an MSDS, you may contact your OSHA area office for enforcement action.

letter: Dr. L 12-22-92

Research institutes and MSDS requirements for in-house use

29 CFR 1910.1200(g)(1)

OSHA's Hazard Communication Standard (HCS) defines "chemical manufacturer" as "an employer with a workplace where chemical(s) are produced for use or distribution." Research institutes which produce or synthesize chemicals must develop material safety data sheets (MSDSs) for the hazardous chemicals that they distribute to other workplaces. If a chemical is produced for in-house study only, an MSDS need not be generated, as long as there is MSDS information for the component chemicals utilized in the synthesis which are readily available on site to exposed employees. The "preparation and delivery of research quantities of materials," ..., is therefore not exempt from the requirements of the HCS, and the work [the Company] does involving these activities is covered under the scope of the standard.

[Originally written for the research industry]

[Originally written about pharmaceutical drugs]

letter: CParker 09-09-91

MSDS obligations in tire recycling

29 CFR 1910.1200(g)(1)

The [tire recapping] company produces for sale as scrap reclaimed tire tread rubber (rubber dust) from buffing the tread area of a worn tire to texture the surface for recapping. The suppliers to this company are providing them with articles they did not manufacture - worn or used tires - and therefore are not responsible for providing a material safety data sheet to the tire recapping company. The current compliance directive, CPL 2-2.38C, on page A-29 discusses the applicability of the standard to scrap dealers. It states: "if their (scrap dealers') suppliers are furnishing articles which they did not manufacture, (such as a broken refrigerator), the supplier is not required to provide a label or MSDS."

CPL 2-2.38C states that when a scrap supplier has "the required knowledge of the item's constituents" he is to develop and transmit MSDSs and labels to downstream employers. In this case, the tire recapping company is provided with items or articles (used tires) which are transmitted to them with neither an MSDS nor label. They therefore would not have the required knowledge of the items' constituents from which to produce an MSDS.

However, the tire recapping company is selling a product which it has produced - the rubber dust. Since no testing of chemicals to determine their hazards is specifically required by the HCS, it would then be incumbent upon the company to perform a literature search for any available studies that may have been performed on rubber dust which show a health hazard to be associated with occupational exposures. Absent any such information, the need to develop and transmit an MSDS and label for the rubber dust is negated. When and if the downstream user of the rubber dust requests a data sheet from the supplier, the tire recapper may want to prepare a statement such as is found on page A-28 of the HCS directive to communicate to his customers that an evaluation has been performed on the product in accordance with the HCS and the product is not considered to be a hazardous chemical nor to contain hazardous chemicals.

memorandum: PClark (DCP) to FStrasheim, RA 08-15-91

MSDS requirements for asbestos in asbestos removal operations

29 CFR 1926.59 [1910.1200](g)(1) and 1926.58

...[T]he construction asbestos standard, 1926.58 does not require a MSDS for asbestos. We agree with the argument...that since 1926.58 does not specifically require that a written hazard communication program be developed for the hazards of asbestos exposure during removal operations, the more general requirement of 29 CFR 1926.59(e)[, the HCS,] applies to the situation. While we believe that 1926.59(e) of the HCS applies as set forth above to the hazards of asbestos-exposed employees during asbestos removal, we also acknowledge that a MSDS for "asbestos" cannot be required under 1926.59. It is the responsibility of the chemical manufacturer to develop the MSDS and send it to the downstream employer(s) for their information and use in their hazard communication programs. Obviously, asbestos-removal contractors have no way of obtaining the MSDS for the specific asbestos-containing materials they are removing. Employers may be encouraged, however, to obtain or develop a "generic" MSDS for "asbestos" for use in their overall hazard communication program, but they cannot be required to do so.

memorandum: TShepich to LAnku 12-26-89

Dilution of a chemical

29 CFR 1910.1200(g)(1)

The ... (Hazard Communication Standard (HCS)) ... requires a material safety data sheet (MSDS) to be developed for each hazardous chemical produced by a manufacturer. The MSDS developed by the chemical manufacturer should contain hazard information on the chemical for all its expected uses downstream.... you are not required to generate a new MSDS when the product is diluted to its working strength, according to the manufacturer's directions. The MSDS received from the manufacturer is applicable to the diluted mixture.

[Originally written for the hardware industry]

letter: CLindsay 07-31-89

Responsibilities of oil and gas producers to maintain MSDS

29 CFR 1910.1200(g)(1)

As employers covered by the expanded standard, which took effect for employers on August 24, 1987, oil and gas producers are required to maintain copies of material safety data sheets for each hazardous chemical in the workplace and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). Crude oil and natural gas meet the standard's definition of hazardous chemicals posing physical and health hazards to exposed individuals. Therefore, oil and gas producers are required to have a material safety data sheet for these substances, as well as for all other hazardous chemicals at your constituent's job sites. Under the current rule, a "generic" material safety data sheet may address a group of complex mixtures, ..., which have similar hazards and characteristics because their chemical ingredients are essentially the same, even though the specific composition varies from mixture to mixture.

letter: DBoren 05-03-89 Congress

Accuracy and completeness of MSDS the responsibility of preparer or importer

29 CFR 1910.1200(g)(1)

The language used in the HCS requires that only the party preparing or obtaining the MSDS [Material Safety Data Sheet] (i.e. the manufacturer or importer) can be held responsible for its content. Therefore, effective immediately, only the upstream manufacturer or importer will be cited for violations involving MSDS accuracy and completeness. Downstream users will no longer be subject to these citations. Any outstanding, relevant citation(s) which have been issued to downstream users shall be withdrawn.

memorandum: TShepich (DCP) to RAs 09-08-87

MSDS, labels not required for scrapped articles

29 CFR 1910.1200(g)(1)

OSHA interprets the HCS as inapplicable to certain manufactured items sold as scrap. Establishments... scrapping worn-out manufactured "articles," such as equipment and office furniture, do not need to develop labels and material safety data sheets under the HCS when such items have not been manufactured by the company scrapping the item and the company in fact, does not have a material safety data sheet for that item.... Employers purchasing these articles will not receive labels or material safety data sheets and, therefore, will not know the actual chemical components or the potential chemical hazards they pose when scrapped. Because there is no requirement that employers analyze items to determine their composition and components, see 48 Federal Register 53334-35, employers purchasing such articles are also not required to acquire knowledge of the item's chemical components or their potential hazards during recycling.

Therefore, OSHA interprets the HCS as not requiring employers to create labels and material safety data sheets when they scrap manufactured articles, such as equipment, piping, radiators and furniture, when the employer scrapping the item did not manufacture it and, in fact, does not possess a material safety data sheet for the item. However, employers must pass on any information they have regarding hazardous ingredients or contaminants they may have added to the article, as would be the case if an employer is scrapping pipes that had contained a hazardous chemical and continues to contain its residue. In addition, "article" manufacturers that sell for scrap those produced items that fail specifications, are considered by OSHA to have the requisite knowledge of the item's constituents and are required to develop and transmit appropriate hazard information for these rejected items to downstream scrap dealers, secondary smelters and other manufacturing purchasers.

letter: EMerrigan 05-23-86

MSDS for metal chips and scrap material

29 CFR 1910.1200(g)(1)

Material safety data sheets are required to be supplied to scrap dealers to whom the metal chips and other scrap material are sold. [Scrap producers] can supply photostatic copies of material safety data sheets to their customers. This is essential so that scrap dealers will be able to pass the information along to their customers.

letter: DBurch 04-07-86

MSDS information for metals and alloys

29 CFR 1910.1200(g)(2)

Any format for a [Material Safety Data Sheet (MSDS)] is acceptable, as long as the information conforms to the requirements of paragraph (g) of 29 CFR 1910.1200. OSHA has published a sample MSDS, form number OSHA-174. This is an optional form which may be used to comply with 29 CFR 1910.1200(g).

Information in the MSDS may need to conform to the language contained in other OSHA health standards. For example, depending on the ingredients contained in a metal and/or alloy and it's manner of use, employee protection may be required, including ventilation controls, personal protective equipment, clothing or gloves, or other applicable precautions. This assessment should be made by the manufacturer as it relates to the downstream use of the metal or alloy.

letter: FBrown 01-06-93

OSHA does not specify chemicals requiring MSDS nor MSDS content

29 CFR 1910.1200(g)(2)

... OSHA [does not] prepare[s] or dictate[s] the specific statements to be included on material safety data sheets (MSDSs). ... The MSDSs are prepared by chemical manufacturers and importers of hazardous chemical products. They make the determinations as to what chemicals are covered within the context of the standard's requirements, and design the MSDSs appropriately. This performance-oriented approach was sought by manufacturers when the rule was originally promulgated.

letter: TDeLay 06-22-92 Congress

MSDS and label requirements for scrap materials

29 CFR 1910.1200(g)(2)

Any material safety data sheets (MSDSs) utilized must be consistent with the guidance set forth by the final standard and interpretations made by the Agency. While OSHA does allow the use of a "generic" data sheet where the evidence supports the fact that a class or family of chemicals presents similar health hazards, any specific information that the chemical manufacturer has with regard to specific hazards must appear on the MSDS and label as appropriate. As pointed out in our compliance Instruction, if the supplier of the scrap added hazardous chemicals to the material, the supplier is responsible for providing a label and MSDS to the scrap dealer that addresses the additional hazard. We note that you have provided general language at the beginning of the data sheets you transmitted to us with your letter that warns that such additional hazardous chemicals "may or may not be present." Again, if the supplier has knowledge of the presence of any specific additional hazardous chemicals, that specific information must be passed to the downstream employer(s); a general warning such as provided on your data sheets is not acceptable.

..., MSDSs developed by trade associations are acceptable for use by employers if the information on them is accurate and complete.

letter: RJohnson 04-04-91

MSDS format and OSHA Forms 20 and 174

29 CFR 1910.1200(g)(2)

The OSHA Form 20 has been obsolete since May 1986. Simply following the titles of the blocks to complete the Form 20 will not result in an appropriate sheet, but it could be modified to comply. Any format is acceptable, as long as the required information is included. OSHA has published a sample material safety data sheet (MSDS), form number OSHA-174. This is an optional form which may be used to comply with the Hazard Communication Standard (HCS).

The requirement that the MSDSs be in English is intended to prevent importers of chemicals from transmitting MSDSs written in a foreign language. However, this requirement was not intended to prevent the translation into foreign languages to aid employee understanding.

CPL 2-2.38C: A-29 10-22-90

Addressing spills and emergency procedures in MSDSs

29 CFR 1910.1200(g)(2)

A frequently overlooked portion of the training provisions is that dealing with emergency procedures. If the chemical is very hazardous, more information would be expected to be provided on the material safety data sheets (MSDSs) and, therefore, the training for emergency procedures, including information about the characteristics of the chemical and precautions to be taken would need to be more extensive. Section 1910.1200(h) requires training of employees on (among other things) the measures employees can take to protect themselves from hazards including emergency procedures and an explanation of the information on the MSDSs. Section (g)(2)(viii) of the Hazard Communication Standard (HCS) requires the MSDSs to address safe handling and use of chemicals which includes cleanup of spills and leaks. Section (g)(2)(x) requires the MSDSs to address emergency and first aid procedures.

CPL 2-2.38C: A-35 10-22-90

OSHA MSDS Form 174: required contents of MSDS

29 CFR 1910.1200(g)(2)

The OSHA does not review, approve, or certify material safety data sheets (MSDSs). The Hazard Communication Standard (HCS) is a performance-oriented standard, which gives the chemical manufacturer or importer the responsibility to obtain or develop MSDSs in English that meet the following criteria and contain at least the following information: the specific identity of the hazardous chemical(s) and the common name(s); the physical and chemical characteristics of the hazardous chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by the National Toxicology Program (NTP), the International Agency for Research on Cancer (IARC) or OSHA; emergency and first-aid party procedures; precautionary measures; and the identification of the party responsible for preparing the sheet. Specific requirements are set forth in the HCS at Section (g) and Appendices A and B.

OSHA MSDS form (OSHA 174) is not a mandatory form, but may be used to comply with the HCS as long as the MSDS contains at least the above cited information. All spaces on the MSDS must be completed so the reader will know that an item has not been inadvertently omitted.

[Originally written about consumer product manufacturing]

letter: WAllshouse 10-04-90

MSDS requirements for solid metal objects

29 CFR 1910.1200(g)(2)

Your company manufactures stump removal equipment. Each stump router cutter head has carbide tips on the cutter teeth. Your customers sharpen the cutter teeth by grinding the carbide tips.

Since the cutter teeth are solid metal, the required label may be transmitted to your customers at the time of initial shipment and need not be included with subsequent shipment to the same employer unless the information on the label changes. The label may be transmitted with the initial shipment itself, or with appropriate material safety data sheets that are to be provided prior to or at the time of the first shipment. You may also affix the warning label on every cutter head guard of the machine. Such action may assist your customers in complying with the Hazard Communication Standard.

Material safety data sheets [MSDS] are required for each hazardous chemical which could potentially present a physical or health hazard during the normal use of the product. Thus, a material safety data sheet would be necessary for the carbide tips. For the general metal components, however, a material safety data sheet would only be necessary if routine use or maintenance would likely involve exposure to metallic dust or fumes. Listing the general metal components of steel products is acceptable if a material safety data sheet is necessary.

letter: KDoty 10-26-87

MSDS for waste oils

29 CFR 1910.1200(g)(2)

You ask whether or not material safety data sheets (MSDS) are required for [your waste oil] finished fuel oil product and ask for guidance on their completion.

MSDS are required when products containing hazardous chemicals are sold to employers .... and [their] use presents a potential for employees to be exposed to a health or physical hazard.

The Hazard Determination provisions of the HCS (reference 29 CFR 1910.1200(d) are used in conjunction with the appendices found at the end of the standard to evaluate the hazards of chemicals and chemical mixtures. Manufacturers may either test mixtures as a whole or report the effects of each of the hazardous components in a mixture. Each MSDS must accurately and thoroughly reflect the product's characteristics. Generic MSDS are permitted as long as this is accomplished.

letter: PCarstens 06-17-86

MSDS preparation under trade secret provisions

29 CFR 1910.1200(g)(2)

You requested guidance on how to prepare a Material Safety Data Sheet (MSDS) under the trade secret provisions of the standard.

It would be acceptable to refer to the trade secret chemical either as "Component A" or as "proprietary sulfur compound."

If there is an OSHA permissible exposure limit and a TLV for the proprietary component A, then that value would need to be reflected on the MSDS. If there is a PEL and TLV for the proprietary component A it cannot be withheld from the MSDS.

The standard does not require the release of any volume percentages of any chemicals on the MSDS.

It would be acceptable to reference the health hazards associated with one chemical to that particular constituent; [Ex. Health Hazards of Component A are...] The health hazard information must include the signs and symptoms of exposure.

letter: RRoberson 12-10-85

Maintaining all MSDSs on a chemical produced by several manufacturers.

29 CFR 1910.1200(g)(2)(i)

Given the performance oriented nature of the standard, an employer must be certain that employees are provided all the necessary information concerning the hazards of chemicals in the workplace. There are a number of concerns with the approach you describe. First, you must ensure that the specific identity on the MSDS can be cross referenced to the corresponding label of the hazardous chemical containers [(29 CFR 1910.1200(g)(2)(i))]. Second, the employer must ensure that employees are informed during the hazard communication training of this practice of using one MSDS as representative of all vendors, otherwise it could lead to confusion [(29 CFR 1910.1200(h)(3)(iv))]. Third, the MSDS you select must have complete and accurate information as required by section (g)(5) of the HCS. And finally, the standard requires that the MSDS contain the name, address and telephone number of the party who prepares or distributes the MSDS [(29 CFR 1910.1200(g)(2)(xii))]. The party listed must be able to provide additional information on the hazardous chemicals or clarification of the information on the MSDS, as well as, additional emergency procedures, if necessary, in lieu of the actual manufacturer. A chemical manufacturer, importer or distributor may not wish to and is not required to act as the responsible party for a chemical that they did not produce.

letter: JBalsamo 02-01-94

Determination of carcinogenicity of a mixture containing attapulgite clay

29 CFR 1910.1200(g)(2)(i)(C)

[The importer or manufacturer of this product] would be required to list crystalline silica as a hazardous component, with the statement that crystalline silica is a probable human carcinogen, for the following reasons:

Given that Attapulgite has been tested as a whole, and the result is inconclusive, the statistically significant and scientifically valid evidence supporting carcinogenicity for crystalline silica cannot be discounted and must be presented on the MSDS. We believe that this position is consistent with section 1910.1200(d)(5)(i) of the standard that addresses mixtures tested as a whole.

letter: DSperanza 06-16-94

MSDS requirements for trace quantities of ethylene oxide

29 CFR 1910.1200(g)(2)(i)(C) and 29 CFR 1910.1047(j)

Labeling and MSDS requirements for Ethylene Oxide are specified in the Ethylene Oxide [EtO] Standard (29 CFR 1910.1047 (j)). In terms of container labeling section 1910.1047 (j)(1)(ii) states that:

MSDS requirements in the Ethylene Oxide Standard are identical to those in the [Hazard Communication Standard (HCS)] section 1910.1200 (g). If a hazardous chemical, such as Ethylene Oxide, is present in the mixture in reportable quantities (i.e., 0.1% for carcinogens, and 1% for other health hazards), it must be reported unless the mixture has been tested as a whole or unless the material is bound in such a way that employees cannot be exposed. If there is no exposure (and the standard defines exposure as including potential as well as measurable exposure by any route of entry), either under normal conditions of use or in a foreseeable emergency, then the chemical is not covered by the standard. (See Paragraph (b)(2) of 29 CFR 1910.1200.) Further, information must also be included on a MSDS for ingredients of a mixture present in concentrations of less than 1% (or 0.1% for carcinogens) when the hazardous substance may be released in a concentration which exceeds a PEL [Permissible Exposure Limit] or TLV [Threshold Limit Value] or may present a health risk to exposed employees. An example of the latter may be Toluene Diisocyanate because it is a sensitizer in very small concentrations, thereby presenting a health risk that must be noted on the MSDS.

letter: MStrong 09-27-93

MSDSs for "gasoline" or "antifreeze" from different vendors with different additives

29 CFR 1910.1200(g)(2)(i)(C)

Your question requests interpretation of the material safety data sheet (MSDS) requirements for products purchased in bulk quantities. Your letter described the following scenario. Bulk quantities of antifreeze, gasoline, hydraulic fluid, kerosene, engine oils, lubricants, and propane are delivered to your manufacturing site, transferred from the vendor's truck into large on-site storage tanks. These generic substances may necessitate mixing of similar products, such as gasoline, from different vendors.

According to our phone conversation of December 3, there was agreement that the MSDS from the most current vendor was to be used. However, if a previous vendor has ethylene dibromide as an additive and the most current vendor does not, which is the appropriate MSDS? In this situation, a facility would be required to maintain both MSDSs. Gasolines, oils, lubricants, kerosene, antifreeze may have the same base stock, but depending on user specifications, other substances with hazardous properties may be added. For example, ethylene dibromide is used as an antiknock compound in gasoline. Ethylene dibromide is an irritant and is injurious to the skin.

Although gasoline has been used as the example, the same logic applies to antifreeze with different rust prohibitors, and other products containing hazardous chemicals. Even where a vendor that subsequently delivers gasoline without ethylene dibromide which dilutes the one that contains ethylene dibromide, employees may have been exposed to the gasoline with ethylene dibromide and thus the MSDS for that product must be maintained. More importantly, exposure calculations are not permitted in determining whether a hazard be identified. An employer may not exclude hazards based on presumed levels of exposure (i.e., omitting a central nervous system hazard warning because, in the employer's estimate, presumed exposures will not be high enough to cause the effect). The hazard is the intrinsic property of the chemical. Types of exposure situations should be addressed in [your company's] training programs.

letter: HKerschner 04-15-93

MSDS for hazardous chemicals in a mixture

29 CFR 1910.1200(g)(2)(i)(C)

If a hazardous chemical is present in the mixture in reportable quantities (i.e., 0.1 percent for carcinogens, and 1 percent for other health hazards), it must be reported unless the mixture has been tested as a whole or unless the material is bound in such a way that employees cannot be exposed. If there really is no exposure (and the standard defines exposure as including potential as well as measurable exposure by any route of entry), either under normal conditions of use or in a foreseeable emergency, then the chemical is not covered by the standard. (See paragraph (b)(2).) In the case of mixtures that are liquid, this provision has to be considered very carefully. For example, if silica is present in a wet mixture it is possible that, if the mixture dries upon application, there is a potential for the silica to become airborne, and thus a potential for exposure. The presence of silica must be indicated on the material safety data sheets (MSDSs) for the liquid mixture in this situation.

For mixtures, if the employer is assuming the mixture has the same hazards as its hazardous components (i.e., no test data on the mixture as a whole), the data sheets for the components will satisfy the requirements of the standard for a data sheet for the mixture. These MSDSs must be physically attached to one another and identified in a manner where they can be cross-referenced with the label. This approach is acceptable provided the MSDSs includes the Permissible Exposure Limit (PEL), Threshold Limit Value (TLV), and other exposure limits for each ingredient that has been determined to be a health hazard.

Information must also be included on the MSDSs for ingredients of a mixture present in concentrations of less than 1% (or 0.1% for carcinogens) when the hazardous substance may be released in a concentration which exceeds a PEL or TLV or may present a health risk to exposed employees. An example of the latter may be TDI because it is a sensitizer in very small concentrations, thereby presenting a health risk that must be noted on the MSDSs.

CPL 2-2.38C: A-29&30 10-22-90

Hazard warning for decomposition products released during normal operations

29 CFR 1910.1200(g)(2)(i)(C)

Specifically, decomposition products released during normal operations, such as hot wire cutting of plastic, must be reported on the material safety data sheet if they pose a health hazards and:

Decomposition products of chemicals exposed to a fire, where exposure to fire is not a normal use of the product, are not covered by the standard and do not have to be listed on the material safety data sheet.

memorandum: TShepich (DCP) to LAnku, RA 02-17-89

Material safety data sheets (MSDS) for mixtures

29 CFR 1910.1200(g)(2)(i)(C)

The information required under 29 CFR 1910.1200(g) must be given only for the hazardous chemicals present within a product mixture, unless they are present in concentrations of less than 1.0 percent, and less than 0.1 percent for carcinogens. The standard does not require the listing of percentages of chemicals in mixtures. In the case of trade secrets or when specific information is unavailable, these facts must be explained on the MSDS; blanks are not permitted.

letter: JWooldridge 09-25-84

Sensitizer information on the MSDS

29 CFR 1910.1200(g)(2)(iv)

A material safety data sheet (MSDS) must list the fact that the chemical is a sensitizer, along with other required information, such as the chemical's identity, hazardous properties, chemical and physical characteristics, and other information as required under section 1910.1200(g).

[Originally written for the chemical manufacturing industry]

[Originally written about allergies]

letter: JWillman 07-17-89

Conveying irritant information on the MSDS

29 CFR 1910.1200(g)(2)(iv)

It appears that the chemical manufacturer of the [product] has performed a hazard determination and has prepared the material safety data sheet ... . The chemical manufacturer has indicated that [the product] can be both an eye and skin irritant. As an employer you are required to make the material safety data sheet available to your employees who are exposed to the [product], as well as to train them regarding the potential hazards.

[Originally written about cement]

letter: EWoodall 06-23-89

MSDS must report all hazards; label warnings require professional judgement

29 CFR 1910.1200(g)(2)(iv)

You asked whether a material safety data sheet (MSDS) and/or label for your antiknock compound should reflect the chronic hazards of EDB or EDC when the acute hazard of tetraethyl lead is so severe. The MSDS for a compound must reflect all valid evidence concerning both the acute and chronic hazards of the constituents. Your company is free to make whatever statements seem appropriate regarding the relative hazards based upon the composition, but the evidence must be reported. That is the essence of a "right-to-know" standard.

On the label, the standard requires "appropriate hazard warnings." There is obviously a need for professional judgment to determine what is "appropriate" in each situation. However, in areas where a judgment must be made, it would be prudent to err on the side of disclosure. This approach is consistent with the intent of the standard. Given the high percentage of both EDB and EDC present in your compound, my personal opinion is that the chronic hazards should certainly be on the label as well as on the MSDS.

letter: TAllen 09-04-85

MSDS requirements for products containing methylene chloride

29 CFR 1910.1200(g)(2)(vi)

Your letter inquired if the exposure levels for Methylene Chloride, provided in your [Material Safety Data Sheet (MSDS)] for "Speed Enamel 0387 Gloss Black," were listed correctly. The [Hazard Communication Standard (HCS)] states, in 29 CFR 1910.1200(g)(2)(vi), that an MSDS must contain "the OSHA permissible exposure limit, ACGIH [American Conference of Governmental Industrial Hygienists] threshold limit value, and any other exposure limit used or recommended by the chemical manufacturer, importer or employer preparing the material safety data sheet, where available."

This requirement of the standard is reiterated in an appendix to the instruction to OSHA's compliance officers, CPL 2-2.38C, Appendix D, entitled "Guide for Reviewing MSDS Completeness." The Guide states:

"4. Does each MSDS contain at least the: ...

Some of the specific standards and guidelines that the chemical manufacturer, importer, or employer preparing the MSDS are obligated to present, where applicable, include: those values listed in OSHA's Air Contaminants Standard (29 CFR 1910.1000) or substance specific standards such as Lead (1910.1025), Formaldehyde (1910.1048), Asbestos (1910.1001), and Ethylene Oxide (1910.1047), etc., the ACGIH's TLVs, National Institute of Occupational Safety and Health (NIOSH) Recommended Exposure Levels, and other exposure levels such as the Dupont TLV listed on your sheet.

Typically, exposure levels are based on different averaging times, for example they could be expressed as an 8 hour Time Weighted Average (8 hr-TWA), a 15 minute Time Weighted Average Short Term Exposure Limit (STEL) and/or a Ceiling concentration (the concentration not to be exceeded during any part of the working exposure). This is due to the fact that exposure is defined as a function of time and concentration. The current OSHA PEL for Methylene Chloride includes three values: 500 parts per million (ppm) 8 hr-TWA, 1000 ppm ceiling, and 2000 ppm peak for 5 minutes in any 2 hours. Consequently, the latter two values (1000 and 2000 ppm) must be included on your sample MSDS.

letter: HKim 09-30-93

Other, less protective exposure limits

29 CFR 1910.1200(g)(2)(vi)

It is the intent of the standard that employees and manufacturing users have a fundamental right to know the existing exposure limits of the substances with which they work. OSHA therefore encourages chemical manufacturers and importers to disclose all known exposure limits on the material safety data sheets.

From a compliance standpoint the material safety data sheet must contain the OSHA permissible exposure limit (PEL), and any more protective exposure limit, if one or more exists. Failure to include a less protective exposure limit, other than the OSHA PEL, will be considered a de minimis violation and will not result in the issuance of a citation.

letter: PWillard 08-18-86

IARC classifications and MSDS/label requirements

29 CFR 1910.1200(g)(2)(vii)

All IARC [International Agency for Research on Cancer] listed chemicals in Groups 1 and 2A must include appropriate entries on both the material safety data sheet (MSDS) and on the label. Group 2B chemicals need be noted only on the MSDSs.

Individual monographs have been published subsequent to Supplement 7. For purposes of compliance with the MSDSs and labeling requirements, the IARC monograph's summary evaluation for the chemical can generally be relied upon but it may be necessary to review the actual evaluations. In some cases, a group of compounds may be listed in the summary as carcinogenic but closer examination of the appropriate monograph will reveal that IARC had data to support the carcinogenicity of only certain compounds. Those compounds are the only ones covered by the Hazard Communication Standard (HCS). IARC also evaluates specific industrial processes or occupations for evidence of increased carcinogenicity. Findings that an occupation is at increased risk of carcinogenicity, without identification of specific causative agents, do not affect label or MSDSs requirements.

In addition, the existence of one valid, positive study indicating carcinogenic potential in either animals or humans is sufficient basis for a notation on the MSDSs. Further, if such studies include positive human evidence, then the label must contain carcinogen hazard warnings.

CPL 2-2.38C: A-26 10-22-90

MSDS notations for negative findings regarding carcinogenicity

29 CFR 1910.1200(g)(2)(vii)

The standard specifies the minimum amount of information that is required on the material safety data sheet, such as physical and chemical characteristics. This type of information must always appear on the material safety data sheet. However, with carcinogens the standard requires that the material safety data sheet must state "whether" a chemical is a carcinogen, and not "whether or not" it is a carcinogen. Only when the condition is affirmative must this indication appear. A section for carcinogenicity would not even have to appear on a material safety data sheet if a chemical was not a carcinogen. However, if a space for carcinogenicity does appear on the material safety data sheet being used, then that area has to be addressed and no blank spaces are permitted; see 29 CFR 1910.1200(g)(3). If a chemical is not a carcinogen then phrases such as "no information found" or "not applicable" would have to be used in the space provided for carcinogenicity.

letter: GSchoolfield 05-21-86

Carcinogen information on the MSDS

29 CFR 1910.1200(g)(2)(vii)

Chemical manufacturers and importers must obtain or develop a material safety data sheet (MSDS) for each hazardous chemical they produce or import. One of the areas which must be addressed on the MSDS is whether the hazardous chemical is regulated by OSHA as a carcinogen, or is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens, or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs.

[Originally written for the textile industry]

letter: PTyson

MSDS information for metals and alloys

29 CFR 1910.1200(g)(2)(ix)

Any format for a [Material Safety Data Sheet (MSDS)] is acceptable, as long as the information conforms to the requirements of paragraph (g) of 29 CFR 1910.1200. OSHA has published a sample MSDS, form number OSHA-174. This is an optional form which may be used to comply with 29 CFR 1910.1200(g).

Information in the MSDS may need to conform to the language contained in other OSHA health standards. For example, depending on the ingredients contained in a metal and/or alloy and it's manner of use, employee protection may be required, including ventilation controls, personal protective equipment, clothing or gloves, or other applicable precautions. This assessment should be made by the manufacturer as it relates to the downstream use of the metal or alloy.

letter: FBrown 01-06-93

Manufacturer's responsibility for maintaining emergency numbers

29 CFR 1910.1200(g)(2)(xii)

It is the manufacturer and not the retailer that is responsible for maintaining an emergency number [(29 CFR 1910.1200(g)(2)(xii))]. The emergency number is used when additional product information is required during a hazardous chemical emergency. Hours of emergency line operation must be decided individually by each chemical manufacturer.

letter: JDuncan 09-28-94

Maintaining all MSDSs on a chemical produced by several manufacturers

29 CFR 1910.1200(g)(2)(xii)

Given the performance oriented nature of the standard, an employer must be certain that employees are provided all the necessary information concerning the hazards of chemicals in the workplace. There are a number of concerns with the approach you describe. First, you must ensure that the specific identity on the MSDS can be cross referenced to the corresponding label of the hazardous chemical containers [(29 CFR 1910.1200(g)(2)(i))]. Second, the employer must ensure that employees are informed during the hazard communication training of this practice of using one MSDS as representative of all vendors, otherwise it could lead to confusion [(29 CFR 1910.1200(h)(3)(iv))]. Third, the MSDS you select must have complete and accurate information as required by section (g)(5) of the HCS. And finally, the standard requires that the MSDS contain the name, address and telephone number of the party who prepares or distributes the MSDS [(29 CFR 1910.1200(g)(2)(xii))]. The party listed must be able to provide additional information on the hazardous chemicals or clarification of the information on the MSDS, as well as, additional emergency procedures, if necessary, in lieu of the actual manufacturer. A chemical manufacturer, importer or distributor may not wish to and is not required to act as the responsible party for a chemical that they did not produce.

letter: JBalsamo 02-01-94

see also: LBirnbaum 09-13-93; JKleinschmidt 07-28-89

Identification of responsible parties on the MSDS

29 CFR 1910.1200(g)(2)(xii)

You specifically inquired "whose name, address, and telephone number must appear on the MSDS [Materia Safety Data Sheet]?" Your question pertains to the HCS (29 CFR 1910.1200) paragraph (g)(2)(xii) which states:

Responsible parties must be able to supply all of the information required by the MSDS, including the appropriate emergency information. Generally, this will be the manufacturer or importer. If the chemical manufacturer has consented to being designated the responsible party and they are capable of providing the necessary information then the requirement of the standard has been met.

letter: LBirnbaum 09-13-93

see also: JBalsamo 02-01-94; JKleinschmidt 07-28-89

Telephone accessibility of chemical manufacturer

29 CFR 1910.1200(g)(2)(xii)

The material safety data sheets (MSDSs) must include a telephone number for emergency information. There is no requirement that the responsible party staff a telephone line with personnel who can respond to an emergency 24 hours a day. The hours of emergency line operation are determined by the chemical manufacturer and should be set after considering the thoroughness of the MSDSs, the hazards of the chemicals, the frequency of use and immediacy of information needs, and the availability of information through alternative sources. One effective alternative used by some suppliers is to have a telephone answering machine that is on when the facility is closed. The message refers callers to the appropriate official in the event of an emergency.

CPL 2-2.38C: A-31 10-22-90

see also: LSioris 10-25-86

Responsible party when MSDS is changed

29 CFR 1910.1200(g)(2)(xii)

It is the responsibility of the chemical manufacturer or importer to evaluate and compile all the hazard information known about the chemicals he produces. It is also his responsibility to transmit and update that information on material safety data sheets (MSDSs) sent to downstream users. Any party who changes a chemical's MSDS or label then becomes the responsible party for the change. Responsible parties must be able to supply all the information required by the MSDS, including appropriate emergency information as discussed above.

[Originally written for a state run program]

letter: LSioris 06-04-90

Responsible party to be noted on the MSDS

29 CFR 1910.1200(g)(2)(xii)

The situation as described ..., where the contact telephone number on the material safety data sheet (MSDS) is a party other than the product manufacturer and only able to provide "basic information" is not within the intent of the Hazard Communication Standard (HCS). The standard requires that the MSDS contain the name, address and telephone number of the party who prepares or distributes the MSDS. Generally, this will be the manufacturer or importer. If the preparer or distributor of the sheet is a party other than the manufacturer or importer, i.e., an employer or other responsible party, their name, address and telephone number may be listed on the MSDS. The HCS does allow a responsible party to be named on the MSDS. However, in all cases, the party listed must be able to provide additional information on the hazardous chemicals, or clarification of the information on the MSDS, as well as, additional emergency procedures, if necessary, in lieu of the manufacturer.

letter: JKleinschmidt 07-28-89

see also: JBalsamo 02-01-94; LBirnbaum 09-13-93

Responsible party named on label and MSDS--distributors

29 CFR 1910.1200(g)(2)(xii)

According to the HCS, the "responsible party" means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. This definition applies to chemical manufacturers, importers, and distributors. If your client wishes to list the name, address, and emergency telephone number of the actual manufacturer, the designation of "manufacturer" rather than "responsible party" must be used for clarity.

The standard specifically requires the name and address of the chemical manufacturer, importer or other responsible party to be identified on the label. Replacing this information with an "A", "B", or "C" is not acceptable on containers leaving the workplace. The label information, in some situations, provides the only identifying and hazard information to employees handling the chemical. Also, employers that do not receive the MSDS with the initial shipment must request one from the chemical manufacturer or distributor. The label again provides the only identifying information.

In all cases, the "responsible party" named on the MSDS and the label is held responsible for the accuracy of the information and potentially subject to citation if a violation of the HCS was determined to exist. If the distributor makes changes to the required information on the labels and the MSDSs, the distributor then assumes responsibility.

letter: PMartino 07-06-89

Emergency information lines, hours of operation

29 CFR 1910.1200(g)(2)(xii)

The HCS is primarily written in performance language. Paragraph (g)(2)(xii) of 29 CFR 1910.1200 does not specify hours of operation for emergency information lines.

The Occupational Safety and Health Administration's policy is to resist providing specifications that would erode the intended flexibility of performance standards. The Agency therefore, only provides guidelines to assist employers in fulfilling their responsibilities under the standard.

Chemical manufacturers should consider the following criteria in deciding the hours of operation of their emergency telephone line:

If for example a manufacturer feels that their material safety data sheets are comprehensive and the products present little risk then the emergency number need only be open during normal work hours.

In summary, hours of emergency line operation must be decided individually be each chemical manufacturer.

letter: LSioris 10-25-86

see also: CPL 2-2.38C: A31 10-22-90

No blank spaces permitted on the MSDS

29 CFR 1910.1200(g)(3)

A statement that the chemical is not a carcinogen is not required nor must the material safety data sheet (MSDS) format include a space for such a statement. However, if the format used provides a space for a carcinogen entry, one must be made since no blank spaces may be present on the MSDSs.

CPL 2-2.38C: A-30 10-22-90

Format of the MSDS

29 CFR 1910.1200(g)(3)

The standard requires that all blocks on a form be completed. Because the standard is performance-oriented, however, employers are free to develop material safety data sheets (MSDSs) in any format they wish (as long as it contains the required information). Computer-generated MSDSs do not have to include fields which do not apply to the chemicals for which it is being used.

CPL 2-2.38C: A-31 10-22-90

Blank spaces: blocks may be omitted where no information is available

29 CFR 1910.1200(g)(3)

Paragraph (g)(3) of the standard requires that chemical manufacturers, importers and employers preparing a MSDS [Material Safety Data Sheet] include explanatory statements in blank sections. Accordingly, preparers must mark blank sections with any words that convey the idea that the information was not applicable or not available.

The duty imposed under paragraph (g)(3) of the HCS has raised the question of whether a preparer can simply exclude a block from the MSDS rather than making an explanatory note?

Based on an interpretive reading of the standard, blocks or sections may be omitted in their entirety if no information is available or non-existent.

memorandum: TShepich (DCP) to RAs 10-09-87

Generic MSDS for fertilizers of varying composition

29 CFR 1910.1200(g)(4)

Your question addresses the suitability of a generic material safety data sheet (MSDS). As you are probably aware, the requirements of the MSDS are found in paragraph (g) of 29 CFR 1910.1200. MSDSs must be developed for hazardous chemicals used in the workplace, and must list the hazardous chemicals that are found in a product in quantities of 1% or greater, or 0.1% or greater if the chemical is a carcinogen. The MSDS does not have to list the amount that the hazardous chemical occurs in the product.

Therefore, a single MSDS can be developed for the various combinations of K, P and N in your fertilizer, as long as the hazards of the various fertilizer mixtures are the same. This "generic" MSDS must meet all of the minimum requirements found in 29 CFR 1910.1200(g), including the name, address and telephone number of the responsible party preparing or distributing the MSDS who can provide additional information.

letter: JKimmel 05-07-93

MSDS requirements for complex mixtures with similar hazards

29 CFR 1910.1200(g)(4)

Where the evidence can support the fact that a class or family of chemicals presents similar health hazards, it would be appropriate to report those findings on the material safety data sheet (MSDS) with respect to the entire class or family. Thus, a "generic" MSDS may address a group of complex mixtures, such as crude oil or natural gas, which have similar hazards and characteristics because their chemical ingredients are essentially the same even though the specific composition varies in each mixture.

CPL 2-2.38C: A-31 10-22-90

Maintaining all MSDSs on a chemical produced by several manufacturers.

29 CFR 1910.1200(g)(5)

Given the performance oriented nature of the standard, an employer must be certain that employees are provided all the necessary information concerning the hazards of chemicals in the workplace. There are a number of concerns with the approach you describe. First, you must ensure that the specific identity on the MSDS can be cross referenced to the corresponding label of the hazardous chemical containers [(29 CFR 1910.1200(g)(2)(i))]. Second, the employer must ensure that employees are informed during the hazard communication training of this practice of using one MSDS as representative of all vendors, otherwise it could lead to confusion [(29 CFR 1910.1200(h)(3)(iv))]. Third, the MSDS you select must have complete and accurate information as required by section (g)(5) of the HCS. And finally, the standard requires that the MSDS contain the name, address and telephone number of the party who prepares or distributes the MSDS [(29 CFR 1910.1200(g)(2)(xii))]. The party listed must be able to provide additional information on the hazardous chemicals or clarification of the information on the MSDS, as well as, additional emergency procedures, if necessary, in lieu of the actual manufacturer. A chemical manufacturer, importer or distributor may not wish to and is not required to act as the responsible party for a chemical that they did not produce.

letter: JBalsamo 02-01-94

Services to provide MSDSs

29 CFR 1910.1200(g)(5)

You wanted to know if it was acceptable to copy [material safety] data sheets [MSDS] from various manufacturers, reduce them in size, and place them in a notebook to be marketed to dentists.

Under the Hazard Communication Standard (HCS), 29 CFR 1910.1200, chemical manufacturers and importers are responsible for developing an MSDS and label for each hazardous chemical they produce and for transmitting a copy of the data sheet to the downstream employer or distributor with the initial shipment of the product.

Chemical manufacturers and importers must also update their data sheets whenever they become aware of "new or significant information" which is required to be reported per the HCS's hazard determination section (paragraph (d)) and the MSDS section (paragraph (g)) requirements. Data sheets and labels must be updated within three month's time and the new information must be transmitted with the next shipment of the chemical product. Downstream data sheet recipients are therefore automatically sent a new data sheet from their supplier with the new or next shipment. Relying on data sheets from a service like the one you proposed in lieu of utilizing the MSDSs provided automatically from the manufacturer may result in the utilizing employer being in non-compliance with the OSHA requirements if the newly-updated sheets were not readily accessible to employees at his or her workplace.

You also asked if there would "be a need to obtain consent from these manufacturers to reproduce their respective MSDSs?" In order to answer this question, you would need to contact the individual manufacturers or importers. Reproductions and sale of MSDS by vendors are not addressed by the HCS.

letter: AHaile 04-06-92

see also: MMiller 02-17-94

Responsibility of contract manufacturers of drugs to develop MSDS

29 CFR 1910.1200(g)(5)

The issue you raised concerns the development of [Material Safety Data Sheets (MSDSs)] for unique chemotherapeutic agents and biologicals which are prepared for the National Cancer Institute (NCI) under contract by a variety of chemical manufacturers. You questioned which party (NCI or the contract manufacturer) was responsible for developing the MSDS for these drugs. The chemical manufacturer is responsible for the development of the MSDS since he has the information on any hazardous ingredients contained in the product and, as pointed out in your letter, has employees (who manufacture the drug) who are the first to come in contact with the drug entity and have a right to the MSDS information. However, whoever puts their name on the MSDS as the responsible party retains the responsibility for the accuracy and completeness of the MSDS.

We would like to clarify that biological hazards are not covered under the requirements of the [Hazard Communication Standard (HCS)]. For a discussion on this point, see page 29841 of the August 8, 1988, Federal Register Notice of Proposed Rulemaking regarding the HCS.

letter: BBlack 07-22-91

Inadequate or deficient MSDSs

29 CFR 1910.1200(g)(5)

When a material safety data sheet (MSDS) is found to be inadequate or deficient, the chemical manufacturer is contacted by OSHA and requested to correct the error within 30 days. If an inadequate response is received, the manufacturer may be inspected by OSHA and the hazard determination procedures of the chemical manufacturer are reviewed, resulting in the development of an accurate MSDS and its subsequent transmittal to downstream users.

There are, at the present time, over 650,000 chemical substances in use in American workplaces. OSHA, in enforcing the requirements of the Hazard Communication Standard, strives to ensure that the information transmitted by chemical manufacturers and importers on their MSDSs and labels for the hazardous chemicals they produce or import is accurate and complete. However, the Agency does not review all MSDSs before their transmittal; to do so would be beyond the capability of OSHA's resources. OSHA does, however, review a representative number of the on-site MSDSs whenever an OSHA inspection is conducted. Appendix C of [CPL 2-2.38C] provides "Hazard Evaluation Procedures" for use by OSHA compliance personnel when evaluating MSDSs, and Appendix D, "Guide to Reviewing MSDS Completeness" is also followed during Agency evaluation of workplace MSDSs. In addition to on-site review, the Agency review MSDSs as a result of referrals such as yours or referrals from other sources which call our attention to inaccurate MSDS information.

letter: JLee 12-06-90

Updating MSDS with ongoing hazard determination testing

29 CFR 1910.1200(g)(5)

[Prior] findings don't exempt a chemical manufacturer from performing a hazard determination on his product and checking all other sources of information for new evidence which may have been published. ... The Hazard Communication Standard (HCS) requires that material safety data sheets (MSDSs) be updated by the chemical manufacturer within three months of learning of "new or significant information." Chemical manufacturers therefore have a positive requirement to stay abreast of hazard information relative to the products they produce and transmit this information with the next shipment of a product after the MSDS has been updated.

[Originally written about refining oil]

letter: DPeel 11-09-90

Manufacturers who rely on MSDS developed by third party retain responsibility

29 CFR 1910.1200(g)(5)

Chemical manufacturers/importers who choose to purchase data sheets for their products from information services, rather than developing them themselves, retain responsibility for providing the sheets and for assuring their accuracy. Employers who in good faith choose to rely upon the sheets provided to them by the chemical manufacturer/importer assume no responsibility for their contents.

CPL 2-2.38C: A-28 10-22-90

MSDS changes

29 CFR 1910.1200(g)(5)

When any new or significant information becomes available to the chemical manufacturer or importer, that party is responsible (not the downstream user or employer) for updating the material safety data sheet (MSDS) and/or the label within three months. The new MSDS/label must be transmitted with the next shipment of the product to the downstream user. [You] will know that the information on the MSDS has changed whenever [you] receive a new MSDS from the chemical manufacturer, and ... will then be required to incorporate this new information into [your] hazard communication program.

[Originally written about veterinary medicine industry]

letter: LSmith 06-14-90 Congress

MSDS responsibilities of manufacturer or importer

29 CFR 1910.1200(g)(5)

It is the responsibility of the chemical manufacturer or importer to evaluate and compile all the hazard information known about the chemicals he produces. It is also his responsibility to transmit and update that information on material safety data sheets (MSDSs) sent to downstream users. Any party who changes a chemical's MSDS or label then becomes the responsible party for the change. Responsible parties must be able to supply all the information required by the MSDS, including appropriate emergency information as discussed above.

[Originally written for a state run program]

letter: LSioris 06-04-90

MSDS changes and update

29 CFR 1910.1200(g)(5)

...[Y]our [product] material safety data sheet (MSDS) must reflect the potential carcinogenicity of [your product]. As with all OSHA standards, actions not consistent with the provisions of the Hazard Communication Standard (HCS) are subject to OSHA review and citation. The provisions of the HCS regarding updating MSDS to reflect new information require such data to have been added within 3 months after publication of the NIOSH Current Intelligence Bulletin.

[Originally written for diesel fuel exhaust]

memorandum: PClark (DCP) to Regional Administrators 04-04-90 and attached letter to diesel fuel manufacturers 03-14-90

MSDS developed by trade association

29 CFR 1910.1200(g)(5)

It is our understanding that the Association of Recycling Industries and other scrap associations have developed material safety data sheets for the primary metals their members are dealing with, and [have made] these available for distribution. It appears that, if a scrap dealer has material safety data sheets for a metal, regardless of the source of that data sheet, as a dealer is distributing the same metal it will be easy to meet the requirements for material safety data sheet distribution. However, from a compliance standpoint, OSHA would make the scrap dealer responsible for the content and accuracy of information on the material safety data sheet and not the Association that prepared it. OSHA will make an effort to notify the trade association of any discrepancies found on material sheets they developed to ensure that other members have corrected copies.

Material safety data sheets only have to be provided to [other distributors or employers] once. No further transmittal is required unless there is a change in the information regarding the hazards or the ways to protect against the hazard. This would not be expected to occur very frequently. Of course, scrap dealers are entitled to receive material safety data sheets from the manufacturers which will provide them with additional information as well.

letter: EMerrigan 05-23-86

Manufacturers responsibility for delivering MSDSs to dentists

29 CFR 1910.1200(g)(6)

Section (g)(6) of the HCS is most relevant to [this] inquiry and it states that: "Chemical manufacturers or importers shall ensure that distributors and employers are provided and appropriate MSDS with their initial shipment, and with the first shipment after a material safety data sheet is updated." OSHA included these paragraph (g) requirements in the HCS to ensure that employers obtain the information necessary to inform their employees of the potential health hazards associated with using the product before those employees were exposed to the hazards.

The HCS allows flexibility for chemical manufacturers to use any method to provide MSDSs that meets the requirement of the standard. The MSDS book you describe may meet these requirements, as long as employers are provided the necessary MSDSs.

We do have some concerns about [the] proposal. According to the HCS[,] the manufacturer and importer have the obligation to ensure that the MSDS are provided to the employer. The [compendium proposal] appears to shift responsibility from the chemical manufacturer or importer who must provide an MSDS to the dental employer who would then have to ensure that the MSDS had been included in the book. Under [such a system] it is likely that some dentists will not receive a new or revised MSDS at or before the time of product shipment, even if the compendium is updated quarterly. Such situation would not be in compliance with the HCS. [The publisher] would have to ensure that through some mechanism MSDSs are provided to employers in a timely fashion, i.e., with their initial shipment, and with the first shipment after a material safety data sheet is updated.

This is an issue between the chemical manufacturer and the MSDS requester and as long as the HCS MSDS requirements are met, it does not involve OSHA.

letter: MMiller 02-17-94

see also: AHaile 04-06-92

Manufacturer responsibility for the "downstream flow" of hazard information through MSDSs

29 CFR 1910.1200(g)(6)

[A] "FAX on Demand" [MSDS distribution] system...would not meet the requirements of the regulation as stated in 1910.1200(g)(6)(i). That paragraph states that:

The standard requires the MSDS to be provided to the downstream user(s) by the chemical manufacturer or importer. [A "FAX on demand"] system requires the MSDS to be sought out by the downstream user(s). This responsibility under the standard cannot be transferred to the downstream user(s).

[Such a] system also relies on the downstream user(s) having a fax machine. While faxes have become prevalent, they are not universal.

[One potential problem that some manufacturers have noted] in providing MSDSs is that [a manufacturer may] "use distributors and...not know when a first shipment to a customer has occurred." OSHA recognizes this difficulty, and has never required manufacturers to automatically provide copies of MSDSs to the end use customer, as the manufacturer may have no way of knowing who these customers are. The requirements of the standard are based upon a downstream flow of information from chemical manufacturers to distributors and/or employers and ultimately, to affected employees.

[A manufacturer's] primary obligation in supplying MSDSs is to [its] direct customers, that is, [its] distributors. [The manufacturer] must provide a copy of the MSDS with the first shipment to each of [its] direct customers, and, if the MSDS for one of [its] products is updated, [the manufacturer] must send the updated MSDS with the next shipment of the product to that direct customer. [A manufacturer's] distributors are, in turn, responsible for supplying a copy of the MSDS with the first shipment to each of their direct customers, and so on. Therefore, it is not necessary for [a manufacturer] to include " a miniature version of the MSDS... inside every package."

However, because this chain of information transmission through the distributor can sometimes be broken, OSHA has added the requirement that manufacturers must provide a copy of the MSDS to other "downstream" employers upon request. [A] "FAX-on-demand" system can be used to fulfill this requirement. Please refer to revised language in paragraphs (g)(6) and (g)(7) of the standard for additional clarification on requirements for providing MSDSs.

letter: EBernard 08-31-94

Services to provide MSDSs

29 CFR 1910.1200(g)(6)

You wanted to know if it was acceptable to copy [material safety] data sheets [MSDS] from various manufacturers, reduce them in size, and place them in a notebook to be marketed to dentists.

Under the Hazard Communication Standard (HCS), 29 CFR 1910.1200, chemical manufacturers and importers are responsible for developing an MSDS and label for each hazardous chemical they produce and for transmitting a copy of the data sheet to the downstream employer or distributor with the initial shipment of the product.

Chemical manufacturers and importers must also update their data sheets whenever they become aware of "new or significant information" which is required to be reported per the HCS's hazard determination section (paragraph (d)) and the MSDS section (paragraph (g)) requirements. Data sheets and labels must be updated within three month's time and the new information must be transmitted with the next shipment of the chemical product. Downstream data sheet recipients are therefore automatically sent a new data sheet from their supplier with the new or next shipment. Relying on data sheets from a service like the one you proposed in lieu of utilizing the MSDSs provided automatically from the manufacturer may result in the utilizing employer being in non-compliance with the OSHA requirements if the newly-updated sheets were not readily accessible to employees at his or her workplace.

You also asked if there would "be a need to obtain consent from these manufacturers to reproduce their respective MSDSs?" In order to answer this question, you would need to contact the individual manufacturers or importers. Reproductions and sale of MSDS by vendors are not addressed by the HCS.

letter: AHaile 04-06-92

see also: MMiller 02-17-94

Transmission of MSDSs by manufacturers and importers

29 CFR 1910.1200(g)(6)(i)

Under OSHA's Hazard Communication Standard (HCS), 29 CFR 1910.1200, chemical manufacturers and importers must transmit a [Material Safety Data Sheet (MSDS)] with the initial shipment of a hazardous chemical to the downstream employer(s) to whom they supply the product, and again if the information on the data sheet changes. There is no requirement on the part of manufacturers and importers to provide MSDSs for non-occupational uses, and MSDSs are not required to be sent to OSHA. OSHA does not collect or retain a repository of data sheets; their transmittal to the downstream workplace is solely the responsibility of the manufacturer or importer.

letter: MMcNulty 08-28-92

MSDS need not be submitted to OSHA

29 CFR 1910.1200(g)(6)(i)

Material safety data sheets (MSDSs) need not be "submitted" to OSHA. ... , they are to be developed and transmitted with the initial shipment of the chemical to downstream employers, and whenever the information required to be included on the data sheet changes.

[Originally written for the research industry]

[Originally written about pharmaceutical drugs]

letter: CParker 09-09-91

Transmitting updated MSDS

29 CFR 1910.1200(g)(6)(i)

When any new or significant information becomes available to the chemical manufacturer or importer, that party is responsible (not the downstream user or employer) for updating the material safety data sheet (MSDS) and/or the label within three months. The new MSDS/label must be transmitted with the next shipment of the product to the downstream user. [You] will know that the information on the MSDS has changed whenever [you] receive a new MSDS from the chemical manufacturer, and ... will then be required to incorporate this new information into [your] hazard communication program.

[Originally written about veterinary medicine industry]

letter: LSmith 06-14-90 Congress

MSDS distribution to downstream employers

29 CFR 1910.1200(g)(6)(i)

The product literature states that "material safety data sheets [MSDS] are available," which would indicate that the chemical manufacturer has performed a hazard determination on the product and has found it to contain hazardous chemicals, since he has produced and has available a MSDS (no MSDS is required if the product does not contain hazardous chemicals). The chemical manufacturer must transmit the MSDS (and appropriate warning labels) to downstream employers with the initial product shipment or whenever there is new hazard information reported on the MSDS. Retail distributors of hazardous chemicals do not have to provide MSDS to commercial customers unless requested to do so (i.e., when retail products are packaged for sale to consumers, no MSDS need be provided unless the product will not be used in the same manner as a normal consumer would use it).

[Originally written for the chemical manufacturing industry]

letter: GVanderJagt 01-29-90 Congress

Limits on manufacturer supplying MSDS

29 CFR 1910.1200(g)(6)(i)

The standard does not compel manufacturers to supply material safety data sheets with each product shipped or to reimburse distributors of the products for duplication costs. The standard does require chemical manufacturers to ensure that each container of hazardous chemicals is labeled.

letter: RGrover 12-05-88

Hazard communication requirements vs. DOD classified information requirements

29 CFR 1910.1200(g)(6)(i)

You have inquired about the relationship between the OSHA Hazard Communication standard and the Department of Defense's (DOD) requirements for safeguarding all classified information to which defense contractors have access. [OSHA] Solicitor's Office attorneys have contacted the Defense Department personnel responsible for procurement and for security. They have also examined the pertinent OSHA and DOD documents. The staff has concluded, based on its discussions and research, that the OSHA standard and the DOD contractual requirements, as set forth in the "Industrial Security Manual for Safeguarding Classified Information", are generally compatible. Therefore, defense contractors should be able to protect the safety and health of their employees while upholding the security interests of the United States. The bases for this conclusion are set out below:

Insofar as circumstances arise in which [your company] supplies hazardous chemicals directly to DOD customers, the Armed Services Procurement Regulations (ASPR), Clause 7-104.98, requires that contractors provide hazardous material identification and material safety data sheets. The Government then uses this information to apprise its employees of hazards to which they may be exposed in the course of their work. Thus, regardless of the Hazard Communication standard's applicability, contractors are already required to transmit hazard information "downstream" to their DOD customers.

Downstream employers receiving hazardous chemicals subject to DOD security regulations from [your company] would also, most likely, be DOD contractors. They would, therefore, be subject to the same security requirements while working with the chemicals, and subject to the same notification requirements when delivering products to the Defense Department.

The Industrial Security Manual (see paragraph 5(c)) specifies that "Contractors shall ensure that classified information is furnished or disclosed only to authorized persons." (See paragraph 3(e).) It is the "need to know" (see paragraph 3(b - g)) which determines access to classified information. This need to know permits contractors to disclose classified information to their employees so they can "perform tasks or services essential to the fulfillment of a classified contract or program." Defense contractor employees must safeguard any classified information which they obtain in the course of their work. (See paragraph 5 (f).) Employees' access to classified information is conditioned by satisfaction of the Industrial Security Manual's security clearance procedures. (See paragraphs 5, 20 and 22).

There may be circumstances when security requirements will preclude disclosing the identity of a hazardous chemical to employees. [Your company] would inform its DOD contract officer as to the particular situation arousing concern.

letter: TWerner 09-14-84

MSDS required for first shipment of hazardous chemicals

29 CFR 1910.1200(g)(6)(ii)

The Hazard Communication Standard (HCS) requires material safety data sheets (MSDS) to be provided prior to or at the time of the first shipment of a hazardous chemical. Therefore the MSDS, which provides information to both employers and exposed employees about the hazards of the chemical and associated protective measures will be at the workplace prior to employee exposures.

When a MSDS is updated with new information, the rule requires the manufacturer to send the updated MSDS to the employer with the first shipment after the update.

[Originally written about the distribution industry]

letter: EIsenberg 01-22-90

Requirements of a pharmacy in obtaining MSDSs from drug manufacturers

29 CFR 1910.1200(g)(6)(iii)

Yes, the pharmacy is to contact the drug manufacturer, importer, or distributor to request a MSDS. This action should be documented in the form of a letter. Section (g)(1) of the standard states that "the employer shall have a MSDS for each hazardous chemical they use." However, employers are not to be held responsible for inaccurate information on the MSDS which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer or distributor.

Please bear in mind that the package inserts and the Physician's Desk References cannot be accepted in lieu of MSDSs, as these documents do not meet the specification requirements of MSDSs under the present rule.

letter: CCoe 01-03-94

Employer's obligation to obtain the MSDS

29 CFR 1910.1200(g)(6)(iii)

This paragraph contains the obligation for an employer to obtain the material safety data sheet (MSDS) as soon as possible if it was not provided with the shipment. It is not necessary for the employer to perform a hazard determination but only to request the MSDSs. If the container label indicates a hazard, the employer will know an MSDSs is necessary.

Chemical manufacturers and importers have an affirmative duty to provide MSDSs to distributors and employers. Thus, a chemical manufacturer and/or importer shall be cited under (g)(6) if they withhold sending MSDSs to downstream users with an initial shipment or with the first shipment after updating an MSDSs, pending a separate payment for the MSDSs. Similarly, under (g)(7), distributors have an affirmative duty to provide MSDSs to other distributors and downstream employers and cannot withhold sending the MSDSs pending separate payment.

CPL 2-2.38C: A-32 10-22-90

Obtaining properly completed MSDSs and labels

29 CFR 1910.1200(g)(6)(iii)

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import and to convey the hazard information to downstream employers and distributors in the form of labels and material safety data sheets (MSDSs). If the information [the employer] receives from his suppliers is deficient, he should write to both the product manufacturer and supplier for corrected labels or sheets. In the event he does not receive the corrected information, [the employer] should send copies of the deficient items to his nearest OSHA Area Office and request assistance in obtaining properly completed labels and MSDSs.

letter: RKasten 07-26-89 Congress

Employer's obligation to obtain the MSDS

29 CFR 1910.1200(g)(6)(iv)

This paragraph contains the obligation for an employer to obtain the material safety data sheet (MSDS) as soon as possible if it was not provided with the shipment. It is not necessary for the employer to perform a hazard determination but only to request the MSDSs. If the container label indicates a hazard, the employer will know an MSDSs is necessary.

Chemical manufacturers and importers have an affirmative duty to provide MSDSs to distributors and employers. Thus, a chemical manufacturer and/or importer shall be cited under (g)(6) if they withhold sending MSDSs to downstream users with an initial shipment or with the first shipment after updating an MSDSs, pending a separate payment for the MSDSs. Similarly, under (g)(7), distributors have an affirmative duty to provide MSDSs to other distributors and downstream employers and cannot withhold sending the MSDSs pending separate payment.

CPL 2-2.38C: A-32 10-22-90

Electronic MSDS transmittal permissible if mutually agreeable

29 CFR 1910.1200(g)(7)

If the distributor and the receiver have mutually agreed that microfiche, computer or FAX will be used for material safety data sheet (MSDS) transmission and both the distributor and the receiver already have the equipment at their worksites, these methods may be used. The distributor cannot require downstream recipients of his MSDS to purchase or acquire machinery (computer, microfiche reader/printer, FAX or any other types of equipment) in order to be able to receive MSDS information, since it is the responsibility of the distributor to supply a MSDS with the initial shipment. However, if the two parties agree that such automated MSDS transmission will occur, both parties have the necessary equipment and the information on the MSDS will be readily available to the employees, then the use of this type of transmission would meet the requirement of the standard.

Many larger plants have met the requirements of MSDS information transmission under the Hazard Communication Standard (HCS) by installing inplant terminals and ensuring the training of employees to be able to easily access the information. The requirement for adequate employee training to access the electronically available information is key to compliance with this provision as you propose it, and must be met in order to ensure ready access to the hazard information contained on the MSDS.

letter: LMarchese 07-20-89

MSDS requirements for scrap dealers

29 CFR 1910.1200(g)(7)

Scrap dealers are not exempted from complying with the HCS. However, ... the information transmittal requirements placed on scrap dealers are limited. Generally, the only requirement that the HCS places on non-manufacturing scrap dealers is that they send their customers labels and material safety data sheets when the scrap dealers receive labels and data sheets from the employers who had scrapped the materials. This limited requirement is mandated by the HCS and is appropriate in light of the standard's intent and purpose.

The definition of "distributor" under the HCS is "a business other than a chemical manufacturer of importer, which supplies hazardous chemicals to other distributors or to [employers]." When a distributor receives chemical hazard information from its supplier, the distributor must pass that information to other downstream distributors and to [employers] to ensure that employers and employees are aware of such chemical hazards. See 29 CFR 1910.1200(b)(1), (f)(1) and (g)(7).

With regard to your contention that scrap dealers do not appear to be distributors because they are not supplying "hazardous chemicals...," this argument is not supported by the definitions and provisions incorporated into the rule. All of the primary metals meet the definition of "chemical" under the rule (being elements, or compounds of elements), and generally they would all be expected to present one or more of the hazards covered by the standard (see 1910.1200(c) for definitions of health and physical hazards). In fact, under the rule, many of the metals are to be considered hazardous in all situations by virtue of being included in the "floor" list of chemicals incorporated by reference under paragraphs (d)(3) and (d)(4) of the hazard determination provision.

Manufacturers and importers are required to provide information on the scrap metal they sell to the dealers. This information must, in turn, be given to the downstream [employers] by the scrap dealers. Upstream manufacturers are also required to pass on any information they have regarding known contaminants of the scrap, as would be the case if cutting fluids were present. Scrap dealers are not required to analyze the scrap for impurities or contaminants; only to pass on information regarding the hazards of chemicals known to be present.

Scrap dealers do not have to develop or transmit labels and material safety data sheets for scrap collected from non-manufacturers who do not supply such information materials and who are not required by the HCS to do so. Distributors, such as scrap dealers, generally are not required to create their own hazard communication materials; they must only pass on those labels and material safety data sheets they do receive to [downstream employers].

letter: EMerrigan 05-23-86

Providing MSDSs through distributors

29 CFR 1910.1200(g)(7)(i)

According to our rulemaking record, employers using materials will be assured of receiving the material safety data sheet (MSDS) for a hazardous chemical only when suppliers are required to provide it to them. As a distributor of hazardous chemicals to employers, ... [your constituent] is thus required to provide information to those employers who will be using them. This will ensure that employees can be properly protected when they are exposed to the hazardous chemical.

letter: JKerrey 09-30-91 Congress

Scrap dealers as distributors--MSDS requirements

29