From: Monona Rossol <actsnyc**At_Symbol_Here**>
Subject: Re: [DCHAS-L] Chemical safety information liability
Date: Fri, 16 May 2014 21:07:21 -0400
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: 8D13F837D35C3F1-1E2C-1D488**At_Symbol_Here**
In-Reply-To <017b01cf7145$a8686610$f9393230$**At_Symbol_Here**>

I agree with Neal and know of some similar cases.  And in Hazcom, the manufacturer is charged with this duty and even updating MSDSs/SDSs if there is any new information or status of the chemical within 3 months.  Information has to accurate and current.  Which is a joke when you see old MSDSs on some manufacture's websites that are still written on papyrus.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President:  Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012     212-777-0062

-----Original Message-----
Sent: Fri, May 16, 2014 6:04 pm
Subject: Re: [DCHAS-L] Chemical safety information liability


There are reports, going back to the early days of RCRA, that clearly show
litigation(civil tort) is much more effective in modifying behavior than
regulations.  I know for a fact of dozens of cases where the information on
the MSDS has been the focus of the issue.  I suspect GHS is way too new to
have a track record yet

The information contained in this message is privileged and confidential and
protected from disclosure. If the reader of this message is not the intended
recipient, or an employee or agent responsible for delivering this message
to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by
replying to the message and deleting it from your computer. 
ACSafety has a new address:
PO Box 152329
011(619) 990-4908 (phone, 24/7)
We no longer support FAX.
 Please contact me before sending any packages or courier delivery.  The
address for those items is:
5340 Caminito Cachorro
San Diego CA 92105

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of
Ralph B. Stuart
Sent: Friday, May 16, 2014 12:16 PM
Subject: [DCHAS-L] Chemical safety information liability

I wonder if anyone on the list has knowledge of specific law the assigns, or
cases that have assessed, who is responsible for the accuracy of chemical
safety information provided to uses of those chemicals? I suspect that the
answer would vary by country, perhaps by state, but I'd be interested in
either generic or jurisdiction-specific responses.

My understanding has always been under the OSHA HazComm standard that the
employer is responsible for assessing the quality of the information on an
MSDS before developing training materials about how to work with that
chemical safety. I wonder if the development of the GHS has changed that at
all or if there are cases where the supplier of the chemical has been held
responsible for injuries to workers who use those chemicals?

Thanks for any information on this.

- Ralph

Ralph Stuart CIH
Chemical Hygiene Officer
Department of Environmental Health and Safety Cornell University


Previous post   |  Top of Page   |   Next post

The content of this page reflects the personal opinion(s) of the author(s) only, not the American Chemical Society, ILPI, Safety Emporium, or any other party. Use of any information on this page is at the reader's own risk. Unauthorized reproduction of these materials is prohibited. Send questions/comments about the archive to
The maintenance and hosting of the DCHAS-L archive is provided through the generous support of Safety Emporium.