Decoding the Alphabet Soup: Who Demands Material Safety Data Sheets (Now Safety Data Sheets)?

The primary organization mandating the use of Material Safety Data Sheets (MSDS), now more accurately known as Safety Data Sheets (SDS), in the United States is the Occupational Safety and Health Administration (OSHA). This requirement is enforced through OSHA’s Hazard Communication Standard (HCS), often referred to as HazCom. HazCom mandates that chemical manufacturers and importers evaluate the hazards of the chemicals they produce or import and then communicate those hazards to employers and employees via labels on containers and SDSs.

The Role of OSHA and the Hazard Communication Standard

OSHA’s HazCom is the cornerstone of workplace safety when it comes to chemical handling. Its core principle is simple: workers have the right to know about the hazards they face in their work environment. The SDS is a key tool to realize that right.

Why the Change from MSDS to SDS?

The transition from MSDS to SDS wasn’t just a cosmetic change. It reflects the adoption of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). GHS, developed by the United Nations, aims to standardize hazard communication globally. SDSs, with their 16-section format and standardized hazard classifications, promote consistency and improve comprehension across borders. This is crucial for international trade and ensures workers worldwide receive consistent safety information.

Who is Covered by HazCom?

HazCom is remarkably comprehensive in its scope. It applies to virtually all workplaces where employees are potentially exposed to hazardous chemicals. This includes everything from small auto repair shops using solvents to massive chemical manufacturing plants. The responsibility falls on both the chemical manufacturer/importer and the employer.

• Chemical Manufacturers and Importers: They are obligated to evaluate the hazards of the chemicals they produce or import and provide SDSs and appropriate labels.
• Employers: They must have a written hazard communication program, ensure that SDSs are readily accessible to employees, properly label containers, and provide employee training on chemical hazards and safe handling procedures.

What Information is Contained in an SDS?

The 16-section SDS format is designed for clarity and ease of use. Here’s a brief overview of what each section covers:

1. Identification: Identifies the chemical and provides contact information for the manufacturer or importer.
2. Hazard(s) Identification: Outlines the potential hazards associated with the chemical.
3. Composition/Information on Ingredients: Discloses the chemical ingredients and their concentrations.
4. First-Aid Measures: Describes the necessary first-aid procedures in case of exposure.
5. Fire-Fighting Measures: Provides guidance on how to extinguish fires involving the chemical.
6. Accidental Release Measures: Details the steps to take in case of spills or leaks.
7. Handling and Storage: Offers advice on safe handling and storage practices.
8. Exposure Controls/Personal Protection: Specifies exposure limits and recommended personal protective equipment (PPE).
9. Physical and Chemical Properties: Lists the physical and chemical characteristics of the chemical.
10. Stability and Reactivity: Describes the chemical’s stability and potential reactivity hazards.
11. Toxicological Information: Provides information on the chemical’s toxicity and health effects.
12. Ecological Information: (Non-mandatory under OSHA) Addresses the environmental impact of the chemical.
13. Disposal Considerations: (Non-mandatory under OSHA) Offers guidance on proper disposal methods.
14. Transport Information: (Non-mandatory under OSHA) Provides information relevant to the transportation of the chemical.
15. Regulatory Information: (Non-mandatory under OSHA) Lists applicable regulations.
16. Other Information: Includes the date of preparation or last revision of the SDS.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions related to SDS requirements and hazard communication.

1. Are SDSs required for all chemicals?

Generally, yes. OSHA’s HazCom covers most chemicals. However, there are some exemptions, such as articles (manufactured items that are formed to a specific shape or design during manufacture, have end-use functions dependent in whole or in part upon their shape or design during end-use, and do not release more than very small quantities of a hazardous chemical under normal conditions of use). Food, drugs, and cosmetics intended for personal consumption are also typically excluded, as they are regulated by other agencies like the FDA.

2. How often should SDSs be updated?

SDSs should be updated whenever new and significant information regarding the chemical’s hazards becomes available. OSHA requires manufacturers, importers, and distributors to update the SDS within three months of becoming aware of such information. Employers must ensure they have access to the most current SDS for each hazardous chemical in their workplace.

3. What are the penalties for not complying with HazCom and SDS requirements?

Failure to comply with OSHA’s HazCom standard can result in significant penalties. Penalties can range from thousands to hundreds of thousands of dollars, depending on the severity and frequency of the violations. Furthermore, non-compliance can lead to legal action and reputational damage.

4. Where can I find SDSs?

Manufacturers and suppliers typically provide SDSs with chemical shipments. Employers are required to maintain a readily accessible collection of SDSs for all hazardous chemicals in the workplace. This can be in a physical binder or electronically via a computer system. Online databases of SDSs also exist, but employers are responsible for verifying the accuracy and currency of the information.

5. What is a “written hazard communication program”?

This is a mandatory document that outlines how an employer will comply with the HazCom standard. It must include a list of hazardous chemicals present in the workplace, procedures for labeling containers, methods for accessing SDSs, and details on employee training. The written program must also describe how the employer will inform employees of the hazards of non-routine tasks (e.g., cleaning reactor vessels) and the hazards associated with chemicals contained in unlabeled pipes.

6. What are the key elements of employee training under HazCom?

Employee training is a critical component of HazCom. Employees must be trained on how to read and understand SDSs and labels, the hazards associated with the chemicals they work with, the measures they can take to protect themselves, and what to do in case of an emergency. Training must be provided initially and whenever new hazards are introduced into the workplace.

7. Are secondary containers required to be labeled?

Yes, secondary containers (e.g., spray bottles filled from a larger drum) must be labeled with the identity of the chemical and appropriate hazard warnings. The label can either be a copy of the original manufacturer’s label or an alternative label that provides the same essential information.

8. What role do distributors play in SDS and HazCom compliance?

Distributors of hazardous chemicals play a crucial role. They are responsible for ensuring that SDSs and labels are provided to downstream customers. They must also maintain copies of SDSs for the chemicals they distribute.

9. Is there a standard format for labels under HazCom?

Yes, under GHS alignment, labels must include specific elements: a signal word (e.g., “Danger” or “Warning”), pictograms (standardized hazard symbols), hazard statements (describing the nature of the hazard), and precautionary statements (advising on how to prevent or minimize exposure).

10. How does HazCom apply to laboratories?

Laboratories are covered under HazCom, but they may follow a modified approach. A “laboratory fume hood” is an example of engineering controls that can be used to minimize exposure to hazardous chemicals. This is because laboratories often handle small quantities of a wide variety of chemicals. However, they must still have a written hazard communication program, ensure SDSs are readily available, and provide employee training. Some laboratories may develop a Chemical Hygiene Plan to address specific hazards.

11. Are there any specific requirements for chemicals brought into the workplace by employees?

Yes. Employers must address the hazards of any chemicals brought into the workplace by employees, even if those chemicals are not typically used in the employer’s operations. The employer must ensure that SDSs are obtained and readily available for these chemicals, and that employees are trained on their safe handling.

12. Where can I find more information about OSHA’s HazCom standard?

The most comprehensive resource is OSHA’s website (www.osha.gov). You can find the complete text of the HazCom standard (29 CFR 1910.1200), as well as guidance documents, fact sheets, and training materials. Consulting with a qualified safety professional is also highly recommended.

Navigating the complexities of SDS requirements and HazCom compliance can seem daunting, but understanding the fundamental principles – right to know, hazard assessment, and effective communication – is the key to creating a safer and healthier work environment for everyone. This is not merely a legal obligation, but a moral imperative. Investing in robust hazard communication practices is an investment in the well-being of your workforce and the long-term success of your organization.