There is no requirement for the emergency number to be staffed 24 hours per day if the SDS specifies the restrictions on the contact hours. The emergency contact number can be for a company contracted to provide information in the case of an emergency. The knowledgeable person must be able to answer questions and be understandable (e.g., speak English).

Note: If the company name, address and phone number are located at the top of the page instead of in Section 1, this is a de minimis violation and a citation shall not be issued.

Importer means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States.

1. When chemicals are imported into the United States, the person (meaning one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons) who imported the product automatically becomes the responsible party.
   • OSHA only has jurisdiction over transactions which affect commerce within the United States. As the importer is the first point of contact within this country, the importer is therefore the responsible party for complying with the HCS, and must include their name and address on the SDS and label. Preferably the original foreign manufacturer's name and address are removed to prevent confusion.

   • The importer is responsible for the information and for providing any updates to the labels and SDSs in all cases.

2. An employer who brings hazardous chemicals into the country for use in their own workplace, becomes an importer and is, therefore, responsible for conducting a hazard classification of the chemical, producing the SDS, ensuring appropriate labeling, and all other applicable provisions of the standard.

Manufacturers means an employer that manufactures, processes, formulates, or repackages a hazardous chemical. The first employer meeting the definition of a manufacturer will be responsible for performing the hazard classification, developing or obtaining the SDSs, and labeling containers of the hazardous chemicals.

1. Manufacturers include those companies which repackage, blend or mix chemicals.
   • If a downstream employer meeting the definition of a manufacturer alters a product (e.g., chemically react) and/or removes the original manufacturer's name and/or contact information, then the downstream user becomes the responsible party for the product and needs to consider all the known or intended uses of the product.

n. Named party on the SDS

The named party on the SDS must be the same as the named party for the label. If there is a different company name on the SDS versus the label, the company that changed the name is responsible for both.

• If the employer is maintaining one SDS for a particular chemical but uses that same chemical from a different manufacturer or importer without obtaining/maintaining the SDS from the new manufacturer or importer, the employer is not compliant.

• If the SDS received from the manufacturer, importer or distributor has a different responsible party name than that on the product label, the employer must make a documented good faith effort to receive the appropriate SDS or they are not compliant.

• If a CSHO [Compliance Safety and Health Officer] encounters a situation where the manufacturer, importer or distributor is providing SDSs that list a different responsible party than that on the label, referral procedures outlined in Appendix G of this Instruction must be followed.

• The company that has made the alteration (e.g., adding its name to the label but not to the SDS) is the company which violated the standard.