Online distribution of material safety data sheets

February 20, 1997
Kevin Johnson, CIH, CSP
Corporate EH&S Manager
Chiron Diagnostics Corporation
[Recipient address omitted]
Dear Mr. Johnson:
Thank you for your letter of January 6, regarding manufacturers' use of the Internet for distribution of Material Safety Data Sheets (MSDSs) to downstream users.
The system you described appears to fulfill a manufacturer's responsibility for providing downstream users with MSDSs. As stated in your letter, Chiron Diagnostics will follow the steps outlined below:

1. Create a web site with a simple-to-use MSDS section that would contain all Chiron Diagnostics MSDSs.
2. Mail a letter to your customers giving the Internet address of the MSDSs as well assuring the most current MSDS is always there.
3. Maintain the Internet MSDSs by your site documentation control groups thereby assuring the most current MSDS is always there.
4. Ask customers during an order entry, whether or not they have Internet capability and, if so, if they find it acceptable to receive MSDSs through the Internet. A "yes" would prompt your Customer Service Representative to state the Internet address, a "no" would prompt your Customer Service Representative to mail or FAX and MSDS to the customer. Either response is documented by checking a "yes" or "no" box on the order entry forms.

In addition to these steps, you stated that Chiron is designing a view showing the MSDS revision dates so that the customer can determine at a glance if they have the most current MSDS.
While these steps meet the manufacturer's overall requirements for the downstream flow of information, manufacturers who choose to use this type of system must be aware of and ensure provisions for the following:

1. In the event of a system failure, a backup system should be available. For instance, if Internet access is unavailable, due to a large volume of use, the downstream user must have another means for receiving the required information quickly.
2. In the event of a significant change to the health hazard information on the MSDS, the manufacturer is responsible to ensure that downstream users are aware that the updated MSDS is available. OSHA does not consider posting a revision date on a viewing screen as adequately informing downstream users of significant changes to the health hazard information on the MSDS. Some positive means of contact, such as a letter or an E-Mail notification, stating that the MSDS has been changed and that the updated MSDS is available would be required.

Under the system of electronic access, both the manufacturer and the employer have responsibility for ensuring that there are no barriers to employee access to the MSDSs. While the system you described appears to meet the manufacturer's requirements for providing MSDS information to the employer, the employer also has responsibilities under this system to ensure that employees are adequately trained to access the site on the Internet and that the system is readily accessible for their use.
Systems such as the one you described are often promoted as being a "paperless" system. OSHA would caution the downstream users, however, that they may want to maintain paper copies as a back up in case of system failure or an inability to readily access the data.
We hope that this information is useful. If we can be of further assistance, please do not hesitate to contact your nearest OSHA Office at:

[USDOL, OSHA, South Boston Area Office
639 Granite Street, 4th Floor
Braintree, Massachusetts 02184
Phone: (617) 565-6924
Fax: (617) 565-6923]

or you may contact [the Office of Health Enforcement at (202) 693-2190].
Sincerely,

Stephen Mallinger, Acting Director
[Office of Health Enforcement]
[Corrected 10/22/2004]

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