That's really helpful, Tammy.  It looks like you can't just have old MSDSs on file forever for a product.  And that would imply you either have to dispose of it, or, if they wanted to keep the old product, write an updated SDS as the "manufacturer of record" from an analysis of the material or other reliable data.  Of course, this transfers the liability to the employer/manufacturer of record.

Does that sound right to people?

Monona  

On Thursday, June 5, 2025 at 11:28:35 AM EDT, Tammy M Lutz-Rechtin <00001eefcacf32aa-dmarc-request**At_Symbol_Here**lists.princeton.edu> wrote:

Other may have more to add to this based one xperience.

 

The 2024 final rule also revises the Hazard Communication Standard, affecting SDS and labeling requirements.OSHA requires Safety Data Sheets (SDS) to be updated within three months of new hazard information or regulatory changes. Employers must ensure SDSs are current and accessible.

 

OSHA can issue substantial fines for non-compliant or outdated SDSs, with penalties reaching up to $16,550 per violation. safety.

An example: (There are many more)

Dana Container Inc. (Paulsboro, NJ) Inspection Detail | Occupational Safety and Health Administration osha.gov

• Fine: $392,922
• Violations: Failure to maintain SDSs for hazardous chemicals, outdated chemical container labels, and lack of a written hazard communication program.
• Details: Cited for one willful, three repeat, and one serious violation following an employee complaint.

 

As far as old MSDS see below:

Hazard communication effective dates and SDSs | Occupational Safety and Health Administration

 

 

Tammy Rechtin, Ph.D.

Chemical Engineering Safety Coordinator

Ralph E. Martin, Department of Chemical Engineering

University of Arkansas

 

 

From: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU> On Behalf Of Monona Rossol
Sent: Tuesday, June 3, 2025 1:27 PM
To: DCHAS-L**At_Symbol_Here**Princeton.EDU
Subject: [DCHAS-L] Legacy chemicals and old MSDSs

 

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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