From:
Monona Rossol <0000030664c37427-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU>
Subject:
Re: [DCHAS-L] Legacy chemicals and old MSDSs
Date:
Jun 6, 2025 03:01 UTC
Reply-To:
ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU>
Message-ID:
<174019225.309420.1749178901826**At_Symbol_Here**mail.yahoo.com>
In-Reply-To:
<3ED638D3-A374-43AC-9484-6F5BF5C757EF**At_Symbol_Here**ilpi.com>
Oh wow. OSHA has no clue about what goes on in an art conservation lab or some art studios.
For example, very hazardous toxic metal pigments that are from sources that are are almost lost in time are used to in-paint and match pigments in damaged works. There may be hundreds of such chemicals in containers that do not have MSDSs or SDSs or proper labels. To make a good faith effort to find an SDS on a 100-year-old pigment, fail, and then OSHA says you are home free without one, is not a good idea.
They are thinking of chemistry labs that probably should use up all there stuff in three years.
OSHA should be asked about about labs that have multiple containers of very old and very toxic materials with no manufacturer, no SDS or MSDS, no proper label.
4. Can I throw away old or outdated SDS’s?
5. Where can I find an SDS for an old chemical?
6. What if I need an SDS and the manufacturer no longer exists?
7. When does an SDS need to be revised or replaced?
12. What are the penalties for non-compliance with SDS requirements?
21. Are we protected from liability if someone is injured because an SDS supplied to us is wrong but we had no way of knowing about the error?
So old MSDS’s if you can’t obtain new ones are fine, but ones that are no longer used or have been deprecated by newer editions should generally be kept as part of the employee exposure record - in a different file, not with the current ones.
For question 3, I’m not an attorney but IMHO I don’t think manufacturers can simply disclaim liability just because emoting is old or even if the product has passed through multiple hands. My understanding is that most product liability disclaimers printed on a package are there simply to scare folks off from suing and significant number are not enforceable.
The bigger liability question is probably using products in the workplace which are old (and therefore subject to degradation and other situations that could create a hazard), may have unknown hazards, no support etc. Especially if new concerns or handling practices about the material or others similar to it have come to light in the intervening decades, information that won’t be found on the outdated final MSDS.
Keep up the fight, Monona!
Rob Toreki
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On Jun 3, 2025, at 2:26 PM, Monona Rossol <0000030664c37427-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU> wrote:
I remember we had a long conversation some years ago about legacy chemicals,so hopefully there are still people on this forum who can give me some guidance on the following questions.
1. Can OSHA cite an employer who has old MSDSs in their hazcom or lab standard files for workers reference?
2. And can they cite if the old MSDSs are for legacy products if the manufacturer no longer makes the product or is out of business?
3. What are the legal issues associated with using products in the workplace for which the manufacturer no longer claims liability?
I'm desperate for some kind of legal or OSHA guidance on this for some theater shops where we have workers.
Monona
M. Rossol, President
Arts, Crafts & Theater Safety
181 Thompson St., #23
New York NY 10012
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