Discarding unneeded safety data sheets and using fax access

October 28, 1996

Brian L. Bursiek, Director
Feed Production AFIA
American Feed Industry Association
[Recipient address omitted]
Dear Mr. Bursiek:

This is in response to your June 27, letter concerning the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) requirements for Material Safety Data Sheets (MSDS). For your information, the National Advisory Committee on Occupational Safety and Health (NACOSH) HazCom Workgroup issued its findings in Report to OSHA on Hazard Communication, September 12 (enclosed). Your letter sought compliance interpretation in two areas the first issue questioned whether a plant manager is required to retain MSDSs simply because it was sent to him or her, or can professional judgement be used to remove unnecessary MSDSs from the file. The second issue requested an interpretation on the use of facsimile transmissions to further reduce the number of MSDS files maintained by a company with multiple plant locations.

MSDSs that represent non-hazardous chemicals are not covered by the HCS. Paragraph 29 CFR 1910.1200(g)(8) of the standard requires that "the employer shall maintain in the workplace copies of the required MSDSs for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their workarea(s)." OSHA does not require nor encourage employers to maintain MSDSs for non-hazardous chemicals. Consequently, an employer is free to discard MSDSs for non-hazardous chemicals.

In terms of an effective solution, I agree with Dr. Finkle's recommendation that your members inform their suppliers that they do not wish to receive MSDSs for non-hazardous chemicals. Obviously, once your suppliers send out MSDSs, your members have the burden to review and discard the unnecessary MSDSs.

In response to your second question, OSHA has stated in a parenthetical note to paragraph 1910.1200(g)(8) of the HCS that: "(Electronic access, microfiche, and other alternatives to maintaining paper copies of the material safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)" A company with multiple plant locations could use a facsimile to transmit MSDSs to employees as one means of complying with the standard. OSHA has always allowed microfiche, computers or FAX to be used for MSDS transmission. As you may be aware, the HCS has frequently been characterized as a performance oriented standard. If an employer chooses an electronic system, employees must be trained on how they will access the information and the employer must integrate the system into their overall hazard communication program. Whether the employer selects a system that involves an automated centerlized database or simply having paper copies of MSDSs distributed in each workarea, the key to compliance with the HCS is that there are no barriers to immediate employee access in each workplace created by these options.

In you letter, you inquired how soon must the facsimile transmission occur for compliance?

OSHA has not established minimum requirements for determining whether MSDSs maintained at the worksite are readily accessible to employees while they are in their workareas. OSHA has provided the following guidance to its compliance officers in the October, 1990 compliance directive CPL 2-2.38C: "Factors that may be appropriate to consider when determining if MSDSs are readily accessible may include: Must employees ask a supervisor or other management representative for the MSDS? Are the sheets or alternative methods maintained at a location and under conditions where employees can refer to them during each work shift, when they are in their work areas? If a computer or FAX system is used, do employees know how to operate and obtain information from the system? Employees must have access to the MSDSs and be able to get the information when they need it, in order for an employer to be in compliance with the rule." Employees must have access to the MSDSs and be able to get the information when they need it. This may be accomplished in many ways and requires the compliance officer to exercise professional judgement in evaluating the accessibility of the MSDSs on-site.

As a final note, the system that is selected should be reliable. This means that employers should provide a backup computer system when the main system is down for short periods of time for maintenance, repair, or power disruption. Either providing a backup system to your main computer and facsimile equipment or printing a hard copy set of MSDSs before shutting down the system would meet the standard's intent.

Thank you for your interest in occupational safety and health. Should you have additional concerns please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
Ruth McCully, Director
Office of Health Compliance Assistance

Enclosure

[Requester letter reproduced on OSHA page; omitted here.]