OSHA does have an exception to “consumer products” in regard to what has to be in the HAZCOM program. For example, Windex would be excluded if the quantities used on site are that of what a consumer would use. So, if you have a few bottles of Windex in janitorial closets, you do not need an MSDS for Windex. However, if you have a 55-gallon drum of Windex, you would need to include this chemical in your HAZCOM program; thus, you would need an MSDS. Here is what OSHA states in their CPL for HAZCOM…
It is the Agency’s policy not to issue citations for consumer products unless they can document that the product was used in the workplace in a manner not intended by the manufacturer or the frequency and duration of use results in exposures that are significantly greater than those experienced by a normal consumer. To ensure that citations for consumer products are adequately documented, the following elements must be included in the case file:
1. What information established the chemical as a consumer product? For instance, was the container label subject to the Consumer Product Safety Act provisions? (The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise…(15 U.S.C.A. 2052))
2. What is/are the hazardous chemical(s) present in the product to which employees were exposed? What is/are the concentration(s) of the hazardous chemical(s) present? Was the product included in the employer’s hazardous chemical inventory?
3. What is the duration of use of the product, i.e., for what period of time did the employees use the chemical during the workshift and workweek? Did it greatly exceed normal or expected use by a consumer?
4. Was the frequency of employee use significantly greater than that of a normal consumer? (See Appendix A.)
5. How was the product used and in what amounts? Was the product used in the workplace for the purpose intended by the manufacturer?
When available, include in the file the MSDS for the cited product to aid in determining coverage and intended use(s).