Hazard communication effective dates and SDSs

Response: Yes, as long as the MSDS is compliant with the former Hazard Communication standard, HCS 1994 [ILPI: Original HCS 1994 context · Current HCS]. Manufacturers and importers must provide revised, 16-section SDSs [ILPI: Original HCS 2012 context · Current HCS] by June 1, 2015. The chemical manufacturer or importer is required to provide the updated SDSs with the first shipment after a safety data sheet is updated or upon request.

Response: Generally, importers are the first businesses with employees within the Customs Territory of the United States to receive hazardous chemicals produced in other countries for distribution within the United States. The importers must provide HCS 2012 [ILPI: Original HCS 2012 context · Current HCS]-compliant SDSs to others downstream by June 1, 2015. However, OSHA recognizes that some manufacturers and importers may be unable to create updated SDSs because they have not received the necessary information from upstream suppliers to classify and develop their own SDSs. In this limited circumstance, OSHA will use its enforcement discretion to evaluate whether the manufacturer or importer has performed due diligence and made good faith efforts to obtain the necessary information to comply with the June 1, 2015 effective date. Manufacturers and importers should, therefore, document all efforts to alternatively obtain the required information, such as attempts to contact their supplier to obtain the proper information; reasonable efforts to find alternate suppliers who could provide timely and accurate classifications; and reasonable efforts to find relevant data themselves. Where the manufacturer or importer provides sufficient documentation of these efforts, OSHA will, on a case-by-case basis, exercise enforcement discretion to not cite the manufacturer or importer for not having HCS 2012-compliant SDSs.

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On July 20, 2015, OSHA issued the revised Hazard Communication 2012 directive, CPL 02-02-079 [ILPI: Original 2015 HCS 2012 directive · Current HCS inspection guidance]. The revised directive includes guidance on hazard classification, and updates the requirements for labeling and for safety data sheets (SDSs). The Instruction also provides guidance to compliance safety and health officers on how to enforce the revised Hazard Communication standard [ILPI: Original HCS 2012 context · Current HCS] during its transition period [ILPI: Original HCS 2012 context · Current HCS; historical HCS 2012 implementation dates] and when fully implemented. The revised HCS 2012 directive titled Inspection Procedures for the Hazard Communication Standard (HCS 2012) can be found at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf [ILPI: Original 2015 HCS 2012 directive · Current HCS inspection guidance]^*.

Employers who are not manufacturers, importers, or distributers must maintain the most recently received version of the MSDS/SDS. An employer who is maintaining an MSDS for a product received prior to June 1, 2015, would be considered to be compliant with the Hazard Communication standard unless the manufacturer, importer or distributor has provided a new, HCS 2012 [ILPI: Original HCS 2012 context · Current HCS]-compliant SDS and the employer did not maintain the new SDS. Employers may contact manufacturers, importers or distributors of products they have previously ordered to request new SDSs, and under 29 CFR 1910.1200(g)(6)(iv) [ILPI: Original HCS 2012 context · Current HCS], the SDS must be provided. If the manufacturer is located outside the United States, the contact would be made to the distributer or importer. If an employer has made a good faith effort to contact the importer or distributor and has still not received the SDS, the local OSHA Area Office may be contacted to provide assistance.

[ILPI note: At issuance: HCS 2012. Keep the latest sheet received accessible under paragraph (g)(8). Importer duties under paragraph (g)(6)(iv) and record retention are separate issues.]

Response: The responsibilities of the employer have not changed under the HCS 2012 [ILPI: Original HCS 2012 context · Current HCS]. Under paragraphs 1910.1200(g)(1) [ILPI: Original HCS 2012 context · Current HCS] and (g)(8) [ILPI: Original HCS 2012 context · Current HCS], employers must have and maintain the most current MSDS/SDSs and make them available to their employees. An employer who is not a chemical manufacturer has no responsibility to create SDSs. The employer in the scenario you described may use the most recently received MSDS/SDS when shipping back unused products. Ideally, the manufacturer or supplier should already have the most recent MSDS/SDS for that product. The MSDS/SDS is for the benefit of downstream employees, such as dock workers, who may be exposed to the hazardous chemical(s).