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OSHA Hazard Communication Letters of Interpretation
Pre 1985 purchases, continuing use and retained exposure records
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 1994, pre-GHS archive
- Current standard
- HCS 2024, as amended
ILPI assessment: Historical exemption language needs clarification for chemicals still in use
This letter addresses the obsolete 1994 version of the Hazard Communication Standard (HCS). OSHA expressly states that employers have no obligation to obtain, maintain, or make available MSDSs for hazardous chemicals purchased before 1985. The letter does not restrict that statement to chemicals no longer in use. OSHA continues to publish it, and we have not identified a notice withdrawing this interpretation.
Current paragraph (g)(1) broadly requires employers to have an SDS for each hazardous chemical they use. The relationship between that requirement and this letter's pre-1985 exemption is not resolved by the sources reviewed here. If such old stock remains in use, seek guidance from your local OSHA office rather than assuming either that the exemption has been rescinded or that purchase date alone settles all current obligations.
Existing sheets may also qualify as employee exposure records under 1910.1020(c)(5), with separate retention and alternative-record provisions. Those recordkeeping questions should be distinguished from obtaining an SDS for an old product.
OSHA marks its matching original corrected 12/6/2024.
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This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter.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.
October 6, 1995
Mr. James Roberts
Conservator
614 South Third Avenue
Tucson, Arizona 85701
Dear Mr. Roberts:
This letter is in response to your request for an interpretation pertaining to material safety data sheets (MSDSs) for chemicals purchased prior to 1985.
The Hazard Communication Standard, 29 CFR 1910.1200 [ILPI: Original HCS 1994 context · Current HCS], became a final rule for manufacturing facilities on November 25, 1983. That standard mandated each employer to obtain and maintain copies of MSDSs for each hazardous chemical used in the facility. Although the use and availability of MSDSs were fairly widespread in the chemical industry prior to 1983, there was no regulatory standard. At that time MSDSs were required under the Occupational Safety and Health Administration (OSHA) standards in the maritime industry (29 CFR Parts 1915, 1916, and 1917). Some state right-to-know laws also required the availability of MSDSs, but most of the data sheets were generated as a good business practice rather than as a response to legal requirements. Properly completed MSDSs serve as excellent, concise sources of information regarding the hazard of the chemical.
In the preamble to the proposed rule (F.R. Vol. 46, No. 11, page 4436), as in the preamble to the final rule (F.R. Vol. 48, No. 228 pages 53305 - 53306) OSHA recognizes the fact that some employers voluntarily maintained copies of MSDSs prior to 1983. OSHA also stressed the utility of the data sheets and the importance of making those data sheets available to employees.
- "Where available, copies of material safety data sheets (MSDSs) for hazardous substances and mixtures be given to workers and their representatives upon request."
- "The proposed standard would provide material safety data sheets (if they exist) to workers upon requests."
- "The fact that some employers do not voluntarily provide MSDSs, or that when provided the sheets may not contain thorough information, does not detract from the utility of an MSDS ... when it contains the necessary information and is readily available to employees ..."
Manufacturing employers were not legally required to obtain, maintain, and make available upon request copies of MSDSs until May 26, 1986, (the effective date of the final rule). Thus, the employer is under no legal obligation to do so for hazardous chemicals purchased prior to 1985. However, if MSDSs were voluntarily obtained and maintained, it is good business and industrial hygiene practice to make those data sheets available to employees in light of OSHA's definition of "exposure records." OSHA standard 29 CFR 1910.1020, Access to Employee Exposure and Medical Records defines "employee exposure records" to include MSDSs.
[ILPI note: At issuance: HCS 1994, pre-GHS archive. This historical rollout statement is not a general exemption for continuing use based only on purchase date. Read with current SDS duties, immediate SDS access (FAQ) and separate record-retention/access requirements. No formal withdrawal is inferred.]
We hope this information will be of assistance to you. If you should have any further questions please feel free to contact OSHA's Office of Health Compliance Assistance, MaryAnn Garrahan at (202) 219-8036.
Sincerely,
Ruth E. McCully, Director
Office of Health Compliance Assistance
August 28, 1995
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Ms. Ruth McCully
Director of Health Compliance
c.o. Occupational Safety and Health Administration
Room N-3467
200 Constitution Ave. NW
Washington, D.C. 20210
Re: MSDS for Chemicals purchased prior to 1985
Dear Ms. McCully
Recently questions arose over a laboratory's obligations under the law to provide MSDSs for chemicals which were purchased prior to 1985 and of those which are no longer sold, handled and/or supported by the original manufacturers. I spoke to OSHA Industrial Hygienist Rich Fairfax from your office, and he relayed the information that a filed letter or documented phone call would suffice if documentation indicated that the chemical is no longer sold, handled and/or supported by that particular manufacturer. I ask him for the chapter and verse in the law, and he said that his answer was an interpretation of the law. Rich suggested that I write to you, in order to obtain an official letter documenting this interpretation. Please send a letter or documents confirming his interpretation. Thank you in advance for your time and effort.
Sincerely,
James Roberts
Conservator
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1995-10-06-0.