From: ILPI <info**At_Symbol_Here**ILPI.COM>
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Subject: Re: [DCHAS-L] MSDS for obsolete chemical
Date: January 24, 2012 7:33:09 PM EST
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
As usual, you are correct, Neal. The 30 year rule would apply if the person asking for the sheet was a former *employee* of that company, rather than some downstream user of the product. See "former employees" and the links therein under http://www.ilpi.com/msds/faq/partb.html#myrights
That said, many companies comply with 29 CFR 1910.1020, the "Access to employee exposure and medical records" Standard, by maintaining their MSDS's for the 30 year statutory requirement. In which case the company might actually have them on file and could, out of the goodness of their heart, supply one...
Insofar as the language of the HazCom standard 29 CFR 1910.1200 (1200, not 1020...those two standards always get confused) goes, there is nothing in the current version that addresses how long a manufacturer's downstream flow requirement is to last.
More importantly, this chemical predates the effective date of the HazCom standard and therefore no MSDS was ever required. See this OSHA interpretation: http://www.ilpi.com/msds/osha/I19951006C.html
which states "Manufacturing employers were not legally required to obtain, maintain, and make available upon request copies of MSDSs until May 26, 1986, (the effective date of the final rule). Thus, the employer is under no legal obligation to do so for hazardous chemicals purchased prior to [that date]"
Lastly, if the person making the request is a consumer rather than an employee who was occupationally exposed to the chemical, the HazCom Standard would not apply. The law deals only with occupational capacities - employers, distributors, and their employees, not consumers.
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On Jan 24, 2012, at 5:55 PM, NEAL LANGERMAN wrote:
A chemical manufacturer ceased producing/selling a specific chemical 30 years ago. Someone approached them today and asked/demanded a MSDS. Further, they stated that =93OSHA requires the manufacturer to provide exposure and disposal information for 30 years=94.
While I am convinced the quoted statement is the person confusing the employee exposure monitoring date retention requirement, I thought I would mine the collective wisdom/memory to be sure I am not missing something.
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