One standard that OSHA failed to update when they revised 1910.1200 was 1910.1020 – Access to employee exposure and medical records. This standard still uses the term MSDS and does not address my question about the changing of MSDS for the new SDS. Granted, a lot of the exposure info on the new SDS(s) has not changed, but some chemicals did get “classified” differently and may become the focus of some IH monitoring. So my question is:
When I get my new SDSs, do I have to retain my old MSDS for 30 years?
To answer my own question – YES, as far as I can tell, we need to keep old MSDS that were a source of exposure information for at least 30 years. Here is what 1910.1020 states:
1910.1020(d) “Preservation of records.”
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1910.1020(d)(1)(ii) “Employee exposure records.” Each employee exposure record shall be preserved and maintained for at least thirty (30) years, except that:
1910.1020(d)(1)(ii)(A) Background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets, need only be retained for one (1) year so long as the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other background data relevant to interpretation of the results obtained, are retained for at least thirty (30) years; and
1910.1020(d)(1)(ii)(B) Material safety data sheets and paragraph (c)(5)(iv) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years(1); and
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Footnote(1) Material safety data sheets must be kept for those chemicals currently in use that are effected by the Hazard Communication Standard in accordance with 29 CFR 1910.1200(g)
So we do not have to actually maintain the MSDS, as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years. But in reality, maintaining the MSDS may be the easier option for records retention.
So, do you have a plan to “archive” your OLD MSDS that were a source of IH sampling data once you get the NEW SDS? Or are their others with a different take on this matter? I would love to hear from you as to your take on this matter.