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OSHA Hazard Communication Letters of Interpretation
Material safety data sheets (MSDSs) under the Hazard Communication Standard.
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Accuracy duties remain; old referral timetable and review tools are historical
This letter addresses the obsolete 1987 version of the Hazard Communication Standard (HCS). Its main HazCom conclusion remains consistent: manufacturers/importers must provide accurate hazard information, and OSHA does not preapprove every sheet. A suspected error should be addressed rather than treated as reliable merely because a sheet was supplied.
Under the current HCS, apply classification, accuracy and updates, and current SDS content. Use current HCS inspection procedures and the current OSHA office directory for assistance. The old 30-day correction/referral account is not a universal present extension of SDS duties, and the old directive's Appendices C/D are not the current standard's appendices. The original historical directive is original CPL 2-2.38C (October 22, 1990). Current enforcement counterpart: current HCS inspection procedures.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
December 6, 1990
Mr. John E. Lee III
Director of Safety and Loss Control
National Oats Company [ILPI note: bought by Ralston in 1994; bought by ConAgra in 2013]
1515 H Avenue N.E.
Cedar Rapids, Iowa 52402
Dear Mr. Lee:
Thank you for your letter of October 25, to the Occupational Safety and Health Administration (OSHA) regarding material safety data sheets (MSDSs) under the Hazard Communication Standard (HCS), 29 CFR 1910.1200 [ILPI: Original HCS 1987 context (PDF) · Current HCS]. Your letter enclosed a MSDS for a chemical product which you questioned and transmitted a copy of an article from the American Society of Safety Engineer's magazine, Professional Safety, which discusses MSDS use in the workplace.
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As you may know, the responsibility, under the HCS, for the development and accuracy of information transmitted on the MSDS is the chemical manufacturer's or importer's. The MSDS you enclosed with your letter contained information which you believe may be in error and misleading, including the listing of the hazardous ingredients in the product and the manufacturer's recommendations for personal protective equipment.
We note that you have written the Federal OSHA Area Office in Des Moines, Iowa, with your concerns over the accuracy of the MSDS information. That office has received your letter and is handling your inquiry to them in accordance with OSHA referral procedures, as set forth in the OSHA compliance directive CPL 2-2.38C, "Inspection Procedures for the Hazard Communication Standard [ILPI note: Original: CPL 2-2.38C (October 22, 1990). Current enforcement counterpart: CPL 02-02-079.]," dated October 22, 1990. A copy of that document is enclosed for your reference. When a 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.
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). This describes historical referral practice, not a general present 30-day grace period. Current counterparts: SDS accuracy/update duties, SDS content and current HCS inspection procedures.]
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 the attached Instruction 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 reviews MSDSs as a result of referrals such as yours or referrals from other sources which call our attention to inaccurate MSDS information.
On May 17 of this year, OSHA published in the Federal Register a request for comments and information from the public regarding suggestions for improving the presentation and quality of chemical hazard information transmitted under the HCS. The issues the Agency raised in this notice are very similar to those raised in the magazine article you sent with your letter. A copy of the notice is enclosed for your information and review. Please note that the comment period for this request ended August 15. The Agency received over 500 comments on the issues raised and is still in the process of reviewing them. A copy of the complete docket is available for public review in OSHA's Docket Office; for your information, the docket is No. H-022G.
Thank you again for your letter, and we hope this response helps alleviate the several concerns you raised. For your further information, you may want to know that each of OSHA's ten Regional Offices has a Hazard Communication Coordinator who may be helpful in answering any future concerns you may have. In the Kansas City Regional Office, the Hazard Communication Coordinator is Mr. Glenn Taylor. Mr. Taylor may be reached at:
U.S. Department of Labor - OSHA
911 Walnut Street, Room 406
Kansas City, Missouri 64106
Telephone: (816) 426-5861
Sincerely,
Gerard F. Scannell
Assistant Secretary
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1990-12-06.