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In This Section

1. How do I know if my MSDS implementation is complete enough to satisfy OSHA?
2. Do I have to keep every MSDS that I receive?
3. If I have the same chemical from different manufacturers, do I need to keep all their MSDS's?
4. Can I throw away old or outdated MSDS's?
5. Where can I find an MSDS for an old chemical?
6. What if I need an MSDS and the manufacturer no longer exists?
7. Are resources such as the Merck Index or Physician's Desk Reference (PDR) acceptable substitutes for MSDS's?
8. How come I don't always get MSDS's when I order chemicals? I thought manufacturers were required to give me one for every chemical I purchase.
9. When does an MSDS need to be revised or replaced?
10. Do I have to use hard copies or can I use a computer database for MSDS's?
11. What is the "ready access" requirement and what is a "barrier" to ready access?
12. What are the penalties for non-compliance with MSDS requirements?
13. We have a large site. Does having one site-wide MSDS repository satisfy OSHA?
14. What requirements are there for contractors or multi-employer sites?
15. How does OSHA want me to organize my MSDS filing system?
16. What's the best solution for me? How do you recommend I handle my MSDS collection?
17. Does the Where to Find MSDS's on the Internet page meet the intent of OSHA for MSDS availability in the workplace?
18. Does distributing MSDS's to my employees fulfill OSHA's hazard communication training requirement?
19. Some of my employees don't speak English. Do I have to make any special provisions for these workers?
20. How much does it cost us to maintain MSDS's manually?
21. Are we protected from liability if someone is injured because an MSDS supplied to us is wrong but we had no way of knowing about the error?
22. Where can I find MSDS suppliers or software?
23. Where can I find MSDS or safety-related books and training materials?

1. How do I know if my MSDS implementation is complete enough to satisfy OSHA?
   OSHA has a handy guide for reviewing MSDS completeness at as Appendix D of CPL 2-2.38D. This Directive also contains lots of other useful information for Chemical Hygiene Officers.

   

2. Do I have to keep every MSDS that I receive?
   That really depends on how MSDS's are handled at your organization. If your employer has a CD-ROM, Internet or fax on demand service for MSDS's then maybe not (check with your supervisor, the answer depends on what state and federal agencies have jurisdiction, see also the section on paperless compliance below.).

   If the copies you received are exact duplicates (and not updated ones) of sheets that you already have in your "readily accessible" MSDS collection, then there is no requirement to keep the extra copies on hand. However, be sure to carefully check the revision dates on your sheets to make sure there haven't been any changes/updates that you might otherwise overlook! And should you receive an updated sheet, then be sure to read the question, "Can I throw away old or outdated MSDS's?" for information on what to do with the old sheet.

   When you get the same chemical with the same formulation from several different manufacturers the situation is a little more complex. See the next question below for more information.

   

3. If I have the same chemical from different manufacturers, do I need to keep all their MSDS's?
   Yes. MSDS's must be specific to the manufacturer and contain the contact information for the "responsible party". In theory, you could get away with one sheet for the chemical if certain conditions are met. See the OSHA Interpretation titled Hazard Communication Standard and Material Safety Data Sheets. The key points are:
   1. The identity on the label must be able to be cross-referenced to the MSDS
   2. All employees must be trained that you are using one MSDS as representative of all vendors (so there isn't confusion during an emergency).
   3. The MSDS must be complete and accurate.
   4. The manufacturer listed on the MSDS is willing to act as the responsible party in the event of an emergency. There is NO LEGAL REQUIREMENT FOR THEM TO ASSIST YOU WITH ANOTHER COMPANY'S PRODUCT!

   Later in the same document, OSHA writes 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.

   Obviously, there is no harm in keeping an MSDS from each manufacturer, and it probably takes less effort to do so than meeting all of the above conditions. Further, it may also be in your best legal interest to maintain documentation from each supplier/source, particularly for your employee exposure records or in the event one had to, for example, sue the manufacturer(s) of the material at some future date.

   Also see the previous question in this FAQ.

   

4. Can I throw away old or outdated MSDS's?
   The question is not whether you can, but whether you would dare do so. A "harmless" chemical may later be found to cause cancer or other disease sometime in the future (asbestos is one good example). It is certainly to your corporation's legal benefit to be able to produce documentation showing that you had supplied all the protective equipment and procedures necessary according the MSDS you had at the time.

   In some cases, MSDS's may be a part of your OSHA-mandated "employee exposure records" and you would have to retain these for at least 30 years. While this is a remote possibility, it is something to think about from a legal liability standpoint. See OSHA's policy interpretation titled "Retention requirements for superseded MSDSs" for more information. Also see our FAQ entry What are my rights to an MSDS?

   A common question is "Where can I find an old (10, 20, 35 years!) MSDS sheet?" Other than our answer in the next question, we do not have a good answer. If someone knows of a good source, let us know!

   

5. Where can I find an MSDS for an old chemical?

   Under the OSHA HazCom standard, manufacturing employers were not legally required to obtain, maintain, and make available upon request copies of MSDS's until May 26, 1986; see this official OSHA interpretation "MSDSs for chemicals purchased prior to 1985".

   Of course, a reasonable question is "what are you doing with a 20+ year old chemical?" Use it up, recycle it or properly dispose of it! If the chemical is so vital that you can't dispose of it and the solutions below don't help, consider having an MSDS supplier author one for you.

   Also see the next question for more info.

   

6. What if I need an MSDS and the manufacturer no longer exists?
   OSHA has confirmed that manufacturers who are no longer in business or who have discontinued a product line do not have to provide MSDS's. See "Requirements for manufacturers, who are no longer in business or have discontinued a product line, to provide MSDSs and product information" (May 27, 2004).

   As far as the impact this has on an workplace where these obsolete chemicals are still in use goes, we have been hard-pressed to find an actual OSHA interpretation. Our best guess is that they would require you to make a documented "good faith" effort to locate a sheet, starting with the manufacturer (see OSHA Field Inspection Reference Manual CPL 2.103, Section 8 - "Chapter IV. Post-Inspection Procedures" for more about good faith).

   If you are not using an MSDS software package or MSDS 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.S. Securities and Exchange Commission keeps records of publicly-traded companies, mergers and acquisitions, so you might try there as well.

   If all else fails, see if you can find an MSDS for an identical formulation from another manufacturer (see "Do I have to keep every MSDS that I receive?" above and OSHA comments on generic MSDS's in the previous section). As long as you've made 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.e. one where OSHA might note it during an inspection but not assess a penalty.

   

7. Are resources such as the Merck Index or Physician's Desk Reference (PDR) acceptable substitutes for MSDS's?
   No. These do not supply all of the information required by the OSHA Hazard Communication Standard (HCS), 29 CFR 1910.1200 paragraph (g)(2).

   See the following interpretations for more information:

   • Clarification of the definition of a hazardous chemical and the requirements for Material Safety Data Sheets
   • Application of the Hazard Communication Standard to prescription drug products.

   

8. How come I don't always get MSDS's when I order chemicals? I thought manufacturers were required to give me one for every chemical I purchase.
   Yes, they are required. But under paragraphs (g)(6) and (g)(7) of the HazCom Standard they are only required to give you one copy:
   • With the first shipment of a particular chemical.
   • With the first shipment after the the MSDS has been updated.
   • Upon request, if you are a distributor or employer.

   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 MSDS upon request and to post a sign that an MSDS 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 MSDS'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.e. the purchaser) did.

   Fortunately, most manufacturers are happy to provide additional copies of an MSDS if you simply contact their customer service department and ask. In fact, many of them have realized the benefit of making all their MSDS'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:

   As required under the OSHA Hazard Communication Standard 29 CFR 1910.1200, a material safety data sheet (MSDS) must precede or accompany the initial shipment of any hazardous material defined as such under the Act. For items previously ordered, an MSDS must also be supplied if the MSDS has changed since the previous shipment.

   Another good idea for over-the-counter purchases is to require your employees to provide not only receipts for their purchases, but MSDS's.

   

9. When does an MSDS need to be revised or replaced?
   As required by OSHA, MSDS are dated when they are issued AND when:
   1. Any significant change has been made to the chemical compound or
   2. Research has revealed a health or physical hazard different from what was originally stated or
   3. If the product has been listed as carcinogenic by a recognized agency.

   According to OSHA 1910.1200 (f)(11), a new MSDS must be issued within three months if any of these conditions are met.. As described elsewhere in this FAQ, the old MSDS should be retained to potentially limit future liability.

   Recognize that this update requirement does not require the manufacturer to send a new MSDS to you if you purchased a chemical prior to the MSDS update. In other words, your MSDS'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. Alternatively, you can subscribe to an MSDS software vendor or MSDS supplier so you always have up-to-date sheets.

   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 MSDS. See the European entry in the International section of this FAQ for more information.

   In some countries, MSDS's have expiration dates. See the International Section of this FAQ for Canadian and European regulations.

   

10. Do I have to use hard copies or can I use a computer database for MSDS's?
    OSHA permits "paperless compliance" methods because the HazCom standard is performance-based. The employer must meet all of the following requirements, however:
    1. MSDSs 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.
    2. Workers must be trained in the use of these devices, including specific software.
    3. 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.
    4. The system of electronic access is part of the overall hazard communication program.
    5. Employees and emergency response personnel must be able to immediately obtain hard copies of the MSDSs, if needed or desired.

    For more on this (and from a manufacturer's perspective as well) the official OSHA interpretation titled "12/30/1997 - Manufacturer and employer responsibilities when providing MSDSs electronically".

    The most popular types of electronic format include CD-ROM subscriptions (renewable on a quarterly or annual basis), fax on demand services (that will fax you a copy as soon as you request one), internet-based suppliers, and "in-house" solutions where corporations scan their MSDS sheets into a database rather than use a paper filing system.

    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 MSDS 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 MSDS 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:

    • Whether written programs may be kept solely in an electronic format. (09/16/2008)
    • Material Safety Data Sheets (01/30/1997).

    

11. What is the "ready access" requirement and what is a "barrier" to ready access?
    The OSHA Hazard Communication Standard, 29 CFR 1910.1200, paragraph(g)(8) says:
    The employer shall maintain in the workplace copies of the required material 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 material 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"? For example, if your corporation owns an MSDS CD-ROM but it is kept in a locked filing cabinet in the branch office in darkest Peru, OSHA will not consider you to be in compliance. Quoting OSHA again:

    Employees should not have to ask for an MSDS, 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 MSDS, 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. For a more detailed discussion, consult Appendix A of OSHA Compliance Directive CPL 2-2.38D, section (g)(8). The OSHA inspector will interview your employees to ensure that they have "ready access" to the MSDS's and have been trained on the chemical hazards in their workplace.

    

12. What are the penalties for non-compliance with MSDS requirements?
    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 MSDS. If you are not compliant, you could face OSHA fines up to $70,000 or more depending how they count your violation(s) and whether they were "willful" violations. In actuality, most fines for MSDS violations are substantially lower. You might simply get a warning if you have only a few minor infractions. See this OSHA interpretation letter from 1995 for more information.

    Improper compliance with the Hazard Communication Standard (which includes MSDS's) is the most frequently cited violation in the manufacturing, transport, wholesale, retail and services industries, and it is in the top five in all other categories. Acccording to 1999 OSHA statistics, there were 3,642 inspections that reported violations of 1910.1200, resulting in 7,122 citations and fines totalling $1,563,556.81. That's an average fine of $219 per citation or $429 per inspection, although some of these citations carried no fine.

    Note: In 2010, OSHA announced that the maximum fine for a serious violation capable of causing death would rise to $12,000 and the maximum penalty for a "willful" or knowing violation will rise to $250,000. In addition, OSHA announced a Severe Violator Enforcement Program which targets firms that have demonstrated indifference to their OSH Act obligations by willful, repeated, or failure-to-abate violations.

    

13. We have a large site. Does having one site-wide MSDS repository satisfy OSHA?
    It depends. The HazCom standard is a performance-based standard which means that OSHA does not concern itself with how you comply, just that you manage to do it. See this 1994 OSHA Interpretation for a specific answer to this question.

    While your method of managing your MSDS collection is flexible, specific criteria you need to meet are:

    1. MSDS's must be maintained on site (including electronic access methods)
    2. MSDS's must be readily accessible during each work shift to employees when they are in their work area(s).

    See the ready access question (above) for more about "readily accessible" and what an OSHA inspector will look for in determining compliance.

    

14. What requirements are there for contractors or multi-employer sites?
    This is covered explicitly in paragraph (e)(2) of 1910.1200 under "multiemployer workplaces". Each contractor or employer has a responsibility to make sure the hazards of their chemicals (and, therefore, MSDS's) are known to all workers on the site. See the OSHA interpretation, HCS training for employees contracted to jobs working under the supervision of another employer, for additional information.

    The HazCom standard is performance-based meaning that OSHA does not care how the employers share this information as long the employees have no barriers to accessing the information when they need it and the plan for sharing this information in writing. The simplest solution for the multi-employer workplace is to provide each other copies of the MSDS's or to add your MSDS's to their collection (as long as your employees have access). Of course, other training, labeling etc. may be required; MSDS's are only a part of the HazCom standard.

    

15. How does OSHA want me to organize my MSDS filing system?
    As mentioned above, the OSHA HazCom standard is a performance-based standard. That means OSHA is not concerned with how you organize your MSDS files, only that you "ensure that they are readily accessible during each work shift to employees when they are in their work area(s)". This can be by hardcopy, computer, FAX etc., as long as the employee is able to use your system to find any sheet when he/she needs it. See this OSHA interpretation for more info.

    For an electronic system using an MSDS software program or on-line service, organization is not really an issue as employees can call up MSDS's using various criteria such as chemical name, CAS Number, or chemical formula.

    But for those of you who simply file paper copies, how to order your filing cabinet or 3-ring binder is a more difficult question. Again, OSHA doesn't care how you choose to do it, but employees have to be able to find the information when they need it. For this reason, many people prefer to file their MSDS's alphabetically by name. The biggest drawback to this is that one person might call a particular chemical "acetone" and another might call it "2-propanone". Both are synonyms for the same chemical compound. Here's a solution. First, file by the name on the MSDS because it should be identical to the name on the container. Second, for each chemical synonym listed on the MSDS, make a page with that name as the title and write a note on it such as "see the MSDS for acetone".

    Another popular method in chemical laboratories is to file MSDS' by molecular or chemical formula. The standard convention is to list carbon and hydrogen first, followed by the other chemical elements in alphabetical order. If there is no carbon in the compound, then simple alphabetical order is used. For example, potassium carbonate, K2CO3, would be listed as CK2O3 and magnesium sulfate, MgSO4, would be listed as MgO4S. The drawbacks here are that not all materials have chemical formulas (such as cleaning agents), and this system is more difficult for non-chemists. We suggest that you take a look and/or search our MSDS Forum because this question has been asked many times before. Feel free to start a new discussion with your thoughts and comments.

    Get your preprinted MSDS binders from our on-line store, SafetyEmporium.com.

    

16. What's the best solution for me? How do you recommend I handle my MSDS collection?
    Every case is different and we really don't feel comfortable (from a legal and moral standpoint) trying to address such a complex issue. Hopefully, the points raised in this document will give you an idea of the parameters involved. Take a look at the previous question for some specific insights.

    The one recommendation we will make is that you maintain your paper copies. Beyond that, we'll also say that some organizations will find it very advantageous to utilize one of the "paperless compliance" services discussed in this document. But that's where our specific recommendations end, sorry.

    

17. Does the Where to Find MSDS's on the Internet page meet the intent of OSHA for MSDS availability in the workplace?
    It can help, but it does not meet the full requirements. Here are some considerations:
    1. OSHA requires that your employees have "ready access" to the MSDS's. If your employees can easily access the Internet and you have a bookmark or easily found hyperlink to the MSDS page, then it may meet this criterion. If any of your employees lack Internet access, then they really have no access to the MSDS page. In this case, OSHA would probably consider your corporation to not be in compliance.

    2. As you would be using this page as part of a paperless compliance technique, you need to have a backup capability in the event of a power failure or unavailability of Internet service. We do not provide this, so you would not be fully compliant. Therefore, your options are to keep paper copies on file, purchase a CD-ROM of MSDS's or subscribe to an MSDS fax-on-demand or Internet service.

    3. Finding an obscure MSDS might require searching multiple web sites. In an emergency situation this could be an unacceptable delay.

    Of course, if your company deals with exotic materials that are not in the common free databases, you'll need to have hard copies of those MSDS on hand as well. If you download all the MSDS's require for your site and maintain paper or electronic copies in an accessible headquarters on your site then you will be compliant...and you can use our MSDS page as an additional, convenient source for information and routine inquiries.

    At the very least you can use the free sites on the Internet to make hard copies of MSDS's that you need for your collection or to see if more recent sheets are available.

    

18. Does distributing MSDS's to my employees fulfill OSHA's hazard communication training requirement?
    No. OSHA's Hazard Communication Standard, 1910.1200 contains the minimum required elements for an employee information and training program. While MSDS's are a necessary part of these requirements, merely making these available or distributing them to employees is insufficient. According to an OSHA Interpretation letter "Training programs for the Control of Hazardous Energy (LOTO) and for the Hazard Communication standard are not satisfied solely by merely providing employees written documentation" dated October 24, 2005:
    Appendix A of the Compliance Directive for Hazard Communication, CPL 2-2.38D explicitly provides that "[t]he training provisions of the HCS are not satisfied solely by giving employees the [material safety] data sheets to read. An employer's training program is to be a forum for explaining to employees, not only the hazards of the chemicals in their work area, but also how to use the information generated in the hazard communication program. This can be accomplished in many ways (audio visual, classroom instruction, interactive video), and should include an opportunity for employees to ask questions to ensure that they understand the information presented to them.

    

19. Some of my employees don't speak English. Do I have to make any special provisions for these workers?
    Yes. The OSHA Hazard Communication Standard 29 CFR 1910.1200 requires that your employees are adequately trained in:
    1. The hazards of all chemicals they use.
    2. Labeling.
    3. Signage.

    MSDS's are part of the hazard communication process and training requirements; if your employees do not understand English and you do not provide training in a language they comprehend then you are not in compliance. See this 1988 OSHA interpretation titled "The employer must provide the 1910.1200 verbal training in a language that is comprehensible".

    On April 28, 2010, OSHA issued an OSHA Training Standards Policy Statement that affirms the training requirement be understood in the employee's language: http://www.osha.gov/dep/standards-policy-statement-memo-04-28-10.html. This Statement includes the following:

    "In practical terms, this means that an employer must instruct its employees using both a language and vocabulary that the employees can understand. For example, if an employee does not speak or comprehend English, instruction must be provided in a language the employee can understand. Similarly, if the employee's vocabulary is limited, the training must account for that limitation. By the same token, if employees are not literate, telling them to read training materials will not satisfy the employer's training obligation. As a general matter, employers are expected to realize that if they customarily need to communicate work instructions or otherworkplace information to employees at a certain vocabulary level or in language other than English, they will also need to provide safety and health training to employees in the same manner. Of course, employers may also provide instruction in learning the English language to non-English speaking employees. Over time this may lessen the to provide OSH Act training in other languages.".

    See the International section of this FAQ for information on finding non-English sheets.

    

20. How much does it cost us to maintain MSDS's manually?
    MSDS Solutions has a simple calculator that uses 5 pieces of data to calculate your costs.

    

21. Are we protected from liability if someone is injured because an MSDS supplied to us is wrong but we had no way of knowing about the error?
    That's a tough question that only an attorney should answer, especially with the U.S. jury system! Given that tobacco companies seem to escape liability for selling products that are known to be defective while companies like Dow Corning are put into bankruptcy when there is zero evidence supporting the claims against them, we'd be fairly reluctant to hazard a guess.

    However, OSHA directive CPL 2-2.38D - Inspection Procedures for the Hazard Communication Standard, says in part (paragraph g, section 1d):

    The following procedures apply in situations where the employer's MSDS/label is inadequate or deficient and the employer relied upon the information supplied by the chemical manufacturer or importer:

    1. Employers are not to be held responsible for inaccurate information on the MSDS/label which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer, or distributor.

    In other words, you won't receive an OSHA fine or citation in the circumstance OSHA describes, but that doesn't mean you won't get hit with a lawsuit. You'll need to contact an attorney who specializes in product liability for a complete answer to your question.

    Note that if you do become aware of a hazard/precaution that is missing from an MSDS, then you need to make your employees aware of the new hazard/precaution in writing. You should also make an effort to notify the manufacturer. See the OSHA interpretation, "Requirements of the HCS and the employer's ability to rely on a manufacturer's hazard determination" for futher information.

    See also "Where does one submit MSDS's for official approval? and Does OSHA determine what information is required under health hazard information or can we use our own data? elsewhere in this FAQ.

    

22. Where can I find MSDS suppliers or software?
    You can check out our annotated list of MSDS suppliers as well as our annotated list of MSDS software. Yahoo has a listing of software suppliers and Vermont SIRI has some simple lists (as well as lots of other relevant health and safety information).

    If you need MSDS binders, MSDS CD-ROM's, training posters, Hazard Communication labels and more, check out our on-line store, SafetyEmporium.com.

    

23. Where can I find MSDS or safety-related books and training materials?
    To meet our visitor's needs, we have compiled this list of pertinent reference books that are terrific resources. You can also search Amazon.com on-line from that page.

    If you need MSDS binders, MSDS CD-ROM's, training posters, Hazard Communication labels and more, check out our on-line store, SafetyEmporium.com.

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