Which legislation covers the requirement for an msds




















Note: While this flow diagram indicates "Employer C", an upstream supplier might ship a material to more than one physical location for a particular downstream employer.

In such cases, the SDS must be sent to each location where the material is used, not simply the employer's main office. See Responsibility of chemical manufacturers and importers to provide MSDSs to one or more establishments owned and managed by same employer. Your primary obligation in supplying MSDSs is to your direct customers, that is, your distributors.

You must provide a copy of the MSDS with the first shipment to each of your direct customers, and, if the MSDS for one of your products is updated, you must send the updated MSDS with the next shipment of the product to that direct customer.

Your distributors are, in turn, responsible for supplying a copy of the MSDS with the first shipment to each of their direct customers, and so on However, because this chain of information transmission through the distributor can sometimes be broken, OSHA has added the requirement that manufacturers must provide a copy of the MSDS to other "downstream" employers upon request.

Your "FAX-on-demand" system can be used to fulfill this requirement. Please refer to revised language in paragraphs g 6 and g 7 of the standard for additional clarification on requirements for providing MSDSs. In general, if you need an SDS, you should get it from your "upstream" supplier. If that is not possible, then the manufacturer must supply one on request as long as you are an employer that requires an SDS under the Hazard Communication Standard. See also: Manufacturer and employer responsibilities when providing MSDSs electronically for more on downstream flow and manufacturer responsibilities.

Consumers : As stated previously , many manufacturers or distributors are happy to give an SDS to anyone who asks but they are under no OSHA obligation to distribute these to consumers.

See this OSHA interpretation letter and the downstream flow entry above for more information about how SDS's are supposed to be distributed. Although most contractors will gladly provide an SDS, they are under no regulatory obligation to do so.

If you are certain that the material meets the OSHA definition of hazardous then the contractor is required to have an SDS for his employee's use. If not, he is in violation of OSHA regulations.

Just the threat of reporting the contractor to OSHA for willful non-compliance is probably enough to change his mind. Alternatively, a letter from an attorney might work, too. If you have no luck with the contractor, try the original manufacturer's web site or toll-free number.

But if you want to know for certain whether there are potentially hazardous fumes in your house, have the air professionally tested.

Look under "Laboratories, Analytical" or "Laboratories, Testing" in your local yellow pages. If you are intent on having copies of SDS's for all hazardous chemicals used during a home repair project, you should list this as an explicit requirement in the written contract. Of course, SDS's aren't meant for consumers , but they seem to give some folks a peace of mind. What about those signs you see in home improvement stores about SDS's being available on request? Yes, SDS's are available there, but under the "downstream flow" concept and as discussed in paragraph g 7 of 29 CFR Therefore, a consumer who asks may or may not get one, but there is no harm in asking!

Employees must have " ready access " to SDS's while they are in their workplace. There can be no barriers to access - you should not have to fetch a key, ask a supervisor, submit a request etc. SDS's must be on hand for every hazardous chemical " known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.

See What requirements are there for contractors or multi-employer sites? Former employees. These " employee exposure records " are to be kept at least 30 years after you terminate employment. As described in the previous hyperlink, you or your designated representative union rep, attorney etc. Unauthorized duplication or posting on other web sites is expressly prohibited. Disclaimer : The information contained herein is believed to be true and accurate, however ILPI makes no guarantees concerning the veracity of any statement.

Use of any information on this page is at the reader's own risk. ILPI strongly encourages the reader to consult the appropriate local, state and federal agencies concerning the matters discussed herein. What agencies or regulations require us to keep SDS's? What is the minimum amount of material that requires an SDS? What items do or do not require SDS's?

Who do I have to give an SDS to and what is "downstream flow"? What are my rights to an SDS? When were Material Safety Data Sheets "invented"? Quoting federal OSHA: "States with approved plans must adopt standards identical or comparable to Federal standards [to get federal safety and health funding]. Safety Emporium carries all kinds of gas cylinder accessories to ensure you stay safe in the workplace.

If the substance as used in the mixture is in nanoform but is not registered or addressed by the downstream user chemical safety report, the particle characteristics which have impact on the safety of the mixture, shall be provided. For nanoform components, the same characterisation requirements detailed 2 for section 3.

Other updates to Section 9 include: Physical and chemical parameters shall be indicated if their indication is relevant for the safe use of the substance or mixture. Reasons for omissions of data to be clearly indicated. Additional information is provided for each property. It will become mandatory to state in section 2. For pure chemical substances, you must now provide product information on the Specific Concentration Limits, the Multiplying-factors and the Acute Toxicity Estimates.

Threshold concentrations for inclusion in Section 3. Hazard class and category. The list of properties you must detail about your chemical substance in Section 9 has been updated — much more detail is required by the Regulation when describing the results of physico-chemical testing. Section 9. The recommended list order of the properties has changed. Sub-heading 9. Section 7: Handling and storage 7.

Precautions for safe handling 7. Conditions for safe storage, including any incompatibilities 7. Control parameters Workplace exposure limits relevant to the country where the product is to be marketed should be mentioned here rather than the Community values used to determine if an ingredient is mentioned in Section 3. Exposure controls This sub-section should include recommendations on ventilation and personal protective equipment.

Section 9: Physical and chemical properties 9. Other information. Section Stability and reactivity Reactivity Chemical stability Possibility of hazardous reactions Conditions to avoid Incompatible materials Unless there are any specifically very dangerous combinations, long lists of potentially incompatible chemicals should be avoided and entries should be restricted to general classes such as oxidising agents, acids, alkalis, etc. Hazardous decomposition products. Section Toxicological information Information on toxicological effects Note that there are differences in the amended formats depending on the version under consideration.

Section Ecological information Toxicity Persistence and degradability Bioaccumulative potential Mobility in soil Other adverse effects. Section Disposal considerations Waste treatment methods. UN proper shipping name Transport hazard class es Packing group Environmental hazards Section Regulatory information Chemical Safety Assessment Mention should be made here of whether an assessment has been carried out on the product.

Section Other information Information such as the following shall be included here as relevant. Details of changes made since last issue or references as to where they are in the SDS. Key to any abbreviations and acronyms used. References and sources of data used to prepare the SDS. Advice to the user on training for workers. Features Diverging from the EU on chemicals regulations.

REACH dossier deadlines confirmed. Brexit — a map of the final frontier. ATPs and updating safety data sheets. However, the information for the nine basic categories must always be in a Canadian MSDS for a controlled product. If you are still using a product that you bought more than three years ago, you may not have a current MSDS.

Contact the manufacturer or supplier again and ask for a newer version of the MSDS. The three-year time limit does not apply to MSDSs for non-controlled products i. If new, significant information becomes available before the three years has elapsed, the supplier is required to update the product label and MSDS. If there is no new information on the ingredients by the end of the three-year period, the supplier should review the MSDS and the label for accuracy, revise it where necessary, and revise the preparation date on the MSDS.

Employers must make sure that all controlled products have an up-to-date less than three years old MSDS when it enters the workplace. The MSDSs must be readily available to the workers who are exposed to the controlled product and to the health and safety committee or representative. If a controlled product is made in the workplace, the employer has a duty to prepare an MSDS for any of these products.



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