What is msds osha

However, most people asking this question didn't get around to getting one in the first place. In laboratories, this would be incorporated into the Chemical Hygiene Plan. Either way, if you regularly review your inventory so as to use up or dispose of chemicals older than say, three years, you are likely to never encounter this problem. As far as the impact this has on an workplace where these obsolete chemicals are still in use and no M SDS was ever obtained, we have been hard-pressed to find an actual OSHA interpretation.

If you are not using an SDS software package or SDS supplier who can assist you, start by figuring out what happened to the company. While many companies go bankrupt, their assets and product lines are usually acquired by other manufacturers. Try a web search on the company name. The U. Securities and Exchange Commission keeps records of publicly-traded companies, mergers and acquisitions, so you might try there as well. One resource that might work is the Internet Archive's Wayback Machine which preserves snapshots of web sites over the years.

If you know or can determine the web site of the company, enter that in the Wayback Machine and you may be to browse your way, for example, to the MSDS's that Solutia had in they were bought by Eastman Chemical in As long as you've made documented efforts such as these and you don't have any willful violations of any type you are probably this is our best guess looking at a "de minimus" violation, i. If you are looking for the SDS because you have the material in your current inventory, one might be tempted to simply use it up to eliminate the need to have the SDS.

However, you still need to document your company's use of that material under 29 CFR And while you might be tempted to simply dispose of the material as hazardous waste, it's most likely that the disposal firm would require you to produce an SDS before accepting the waste.

See the following interpretations for more information:. Yes, they are required to supply an SDS. But under paragraphs g 6 and g 7 of the HazCom Standard they are only required to give you one copy:. The second and third items only occur if you purchase the chemical after the sheet was changed.

If you bought the chemical and the sheet was later updated, few firms would even attempt to let you know. But the next time you buy that chemical they have to send you the updated sheet. For over-the-counter retail or wholesale sales to employers but not consumers , paragraph g 7 of the HazCom Standard requires the seller to provide the SDS upon request and to post a sign that an SDS is available. If a retailer does not have commercial accounts and does not use the material, then they are ony required to provide an employer with the contact information for the distributor, manufacturer or importer who can supply the sheet.

Some chemical suppliers ship SDS's with every shipment, others hold to the minimum standard. The latter practice can be a real pain at a large organization where it may be the first time you ordered that chemical, but it's not the first time your employer i.

Fortunately, most manufacturers are happy to provide additional copies of an SDS if you simply contact their customer service department and ask. In fact, many of them have realized the benefit of making all their SDS's freely available on the Internet. To help ensure that your suppliers comply with OSHA requirements, it can't hurt to add the following sort of statement to your purchase orders:.

Another good idea for over-the-counter purchases is to require your employees to provide not only receipts for their purchases, but SDS's. According to OSHA Recognize that this update requirement does not require the manufacturer to send a new SDS to you if you purchased a chemical prior to the SDS update. In other words, your SDS's will go out of date from time to time. It is a good idea to review your collection on a set basis and to update your sheets.

What time frame to use is up to you. The NTP updates its annual report on carcinogens each year, but perhaps longer is more appropriate depending on the nature of the materials and your business. You should consider setting a corporate policy on the matter. Those of you in Great Britain and presumably the rest of the European Union will be pleased to hear that CHIP requires the supplier to notify anyone who received the material in the previous 12 months if there is a change in the SDS.

In some countries, SDS's have expiration dates. Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.

The employer must meet all of the following requirements, however: SDSs must be readily accessible with no barriers to employee access. This means reliable devices accessible at all times without the employee needing to ask anyone for permission.

Workers must be trained in the use of these devices, including specific software. There must be an adequate back-up system and written plan for rapid access to hazard information in the event of an emergency including power-outages, equipment failure, on-line access delays, etc.

The system of electronic access is part of the overall hazard communication program. Employees and emergency response personnel must be able to immediately obtain hard copies of the SDSs, if needed or desired. The most popular types of electronic format these days are internet-based suppliers which usually operate on a subscription basis , and "in-house" solutions where corporations scan their SDS into a database rather than use a paper filing system.

Other versions that are falling by the wayside in the Internet era are CD-ROM subscriptions renewable on a quarterly or annual basis and fax-on-demand services that will fax you a copy as soon as you request one. Again, paperless compliance works only if the employees have " ready access ".

If your database is accessible to the required employees on your corporate intranet, you'll probably be OK. This assumes that you have a written contingency plan to access SDS information in the event of a power failure or other emergency. Such a plan might include keeping copies on file or using a battery-powered laptop computer. For on-line SDS subscriptions, OSHA will permit you to use a telephone as a backup system but not as a primary system instead of requiring you to have printed copies.

See the next question and these two OSHA interpretations which discuss paperless compliance and "barriers" to access:. The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical , and shall ensure that they are readily accessible during each work shift to employees when they are in their work area s. Electronic access, microfiche, and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.

What constitutes "barriers"? Quoting OSHA again:. Employees should not have to ask for an SDS, as this could be perceived by employees as a barrier to access. For instance, if an employee must go through a supervisor to receive an M SDS, the employee may feel that this singles him or her out.

This could very well dampen the employee's resolve to seek out necessary hazard information. There is no specific time limit used to determine whether an access barrier exists. The OSHA inspector will interview your employees to ensure that they have "ready access" to the SDS's and have been trained on the chemical hazards in their workplace.

Full compliance means that every employee that uses hazardous chemicals in the workplace or who could be expected to be exposed in a "foreseeable" emergency has " ready access " to an SDS. In the context of The Hazard Communication Standard , serious violations involve hazard classification , written Hazard Communication programs , labeling , and no or inadequate training.

Serious SDS violations include :. Willful violations are issues the employer should have been aware of based on previous inspections or workplace communications and deliberately chose not to abate. And in all cases, these various penalty amounts are per violation , meaning one workplace could have dozens of violations during a single inspection. As of , most SDS violations have been substantially lower than the maximums given above.

They also need to know what protective measures are appropriate to prevent adverse affects from occurring. The HCS is designed to provide employees with this information ultimately for the reduction of the incidence of chemical source illnesses and injuries.

The HCS established uniform requirements to make sure that the hazards of all chemicals imported into, produced, or used in U. In addition, all covered employers must have a written hazard communication program which describes how this information will be provided to their employees.

When employers have information about the chemicals being used, they can take steps to reduce workplace exposures, substitute less hazardous materials, and establish proper work practices. In your letter you raised concern that you must have a MSDS for "materials that can be purchased on the grocery store shelf. Your letter mentions such items as "dishwashing soap, rubbing alcohol, Clorox bleach and other miscellaneous cleaning products.

If, however, an employee's job goes beyond normal household use e. In your letter you also stated that "if somebody were poisoned in my office my first reaction would not be to run to the file cabinet and pull out one of these forms. For example, the U. Any number of state and local regulations may redundantly require SDS's. Such regulations lie outside the scope of this FAQ. Regulations similar to OSHA's are found in virtually every country, but these tend to vary slightly.

Federal OSHA, as a federal agency, does not have jurisdiction over those employed by state, county, city or municipal governments.

However, several state plans do cover such public sector employment as indicated in the quote below, New York is one such state. Quoting federal OSHA:. Therefore, public schools must comply with the same Fire Protection Standard as private schools, but the standard is promulgated and enforced by the State. These state plans are monitored by federal OSHA and must at least meet the federal standards. Many go beyond the federal standards. Other states have adopted non-federally funded safety and health programs that cover their state or certain counties, cities or municipalities, so just because your state is not on the list mentioned above, it doesn't mean that OSHA regulations or their equivalents are not in place!

In addition, state or local "Right-To-Know" laws may or may not include specific hazard communications type requirements such as SDS. And, of course, from a legal liability standpoint meeting or exceeding OSHA standards is probably a good idea. Bottom line: If you're not sure what laws are applicable in your situation, especially if you work for a public agency, contact your local OSHA compliance office ; they might be able to direct you to appropriate agencies.

The HazCom standard does not specify a minimum amount, for good reason. Some chemicals are exceedingly dangerous in even milligram quantities while others are not. There is no way that the Standard could anticipate and determine the potentially toxic effects of over ,, known chemical compounds as of June and their mixtures. The only exception for this is when the material can release only a "very small quantities", i.

That does not mean a small amount. When trying to make a case for "trace amount", one has to consider if it is possible for an individual to be exposed to an amount of material that could cause harm. Likewise, the continuous release of just 25 ppm of hydrogen sulfide could cause serious harm! Remember, OSHA does does not define something as hazardous in a particular amount. Per OSHA:.

Risk is a function of the inherent hazard and level of exposure. A substance either is or is not a hazardous chemical; the HCS definition cannot be read to indicate that a substance could be a hazardous chemical in some concentrations but not in others. To summarize, an SDS is required in almost every case unless there is essentially no way that the amount of material could cause harm.

For additional information see this OSHA interpretation as well as this interpretation titled " Requirement to disclose all chemicals having scientific evidence that they pose a health risk regardless of concentrations present in the product on the MSDS. If a material is hazardous and not listed below, then it generally requires an SDS:. An "article" means a manufactured item: 1 which is formed to a specific shape or design during manufacture 2 which has end use function s dependent in whole or in part upon its shape or design during end use; and 3 which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use.

Any product which meets the definition of an "article," would be exempt from the requirements of the Standard. For example, a roll of copper electrical wire sold to a hardware store would fit this definition of an article and would not require an SDS. However, a load of copper ingots being shipped to a computer chip manufacturer would not meet the definition of an article and would require an SDS. The definition has been amended to permit the release of "very small quantities, e.

In evaluating an article, one must consider the health risk which exposure to that article presents. The term "risk" as opposed to "hazard" is used here, since the hazard is an inherent property of the chemical and exists no matter the quantity of exposure. To be exempted as an article, exposure must not pose a risk to employee health. Note that OSHA cannot make an across-the-board determination of a products' exclusion as an "article.

Consequently, a blanket exemption for specific products cannot be given by OSHA. Food and food products are Exempt items generally include food or alcoholic beverages which are sold, used, or prepared in a retail establishment such as a grocery store, restaurant, or drinking place , and foods intended for personal consumption by employees while in the workplace. HOWEVER : if, under normal conditions of use, [the] product could result in a hazardous exposure situation for downstream employees who will be working with or otherwise handling that product then an SDS is required.

For example, flour dust poses an explosion hazard and would require an SDS. Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace are generally exempt. Therefore, your supermarket doesn't need SDS's if they sell prepackaged cosmetics, but your local beauty salon which uses these occupationally or a cosmetic manufacturing plant would require SDS's.

Drugs regulated by the U. However, section b 6 vii of the HCS exempts FDA drugs when in solid final form, such as tablets or pills, for direct administration to the patient. Examples of those needing SDS's for drugs would include pill manufacturing facilities and pharmacies if the drug is compounded, crushed etc. Note: Remember that SDS's are not meant for consumers. Given the likelihood of patient confusion, most drug companies do not make their SDS's freely available to the general public.

SDS's for drugs are the most difficult to find on the Internet and usually require direct contact with the manufacturer. Tip : Be certain that you properly label and account for your waste materials. The HazCom standard does not apply to tobacco and tobacco products. Therefore, these do not generally require SDS's. We have no further information concerning the HazCom standard and tobacco. Please contact us if you can enlighten us. The standard does not apply to wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted.

Hardwood dusts pose a carcinogenic hazard. Likewise, wood preservatives such as chromium copper arsenate CCA also pose hazards.

In each case, an SDS is required. For example, if one uses window cleaner in the workplace to occasionally clean a window then the employer is not required to keep an SDS on this material. However, if it is the employee's duty to clean windows all day long in an occupational fashion then an SDS would be required.