A lot is going on with HAZCOM this year and the biggest activity is the conversion from the old MSDSs to the new 16 section format for the SDSs. OSHA recently issued a LOI to clarify the the compliance date…
Question: When is an employer required to replace their MSDS collection with revised SDSs in order to be in compliance with HCS 2012? Would OSHA take enforcement action against employers who only have an MSDS available to employees?
Response: OSHA’s final rule modifying the Hazard Communication Standard (HCS) was issued on March 26, 2012, and it became effective on May 25, 2012 [77 FR 17574-17896]. Under 1910.1200(j)(2), manufacturers, importers, and distributors must be providing SDSs (instead of MSDSs) for all shipments of hazardous chemicals to employers and downstream customers by June 1, 2015. SDSs may be provided before this date; however, for any shipment of chemicals after June 1, 2015, an SDS in the required 16-section format must be provided.
All employers, per 1910.1200(g)(1) and 1910.1200(g)(8), must have, maintain, and make available to employees the most recent MSDS or SDS received from a chemical manufacturer, importer, or distributor for each hazardous chemical in the workplace. If the employer is not maintaining the most current MSDS or SDS received, then enforcement action may occur. However, OSHA would not issue citations for maintenance of MSDSs when SDSs have not been received. As OSHA explained in the January 31, 2013, letter to Mr. Joel Gregier employers may, but are not required to, contact manufacturers or distributers of products they have previously ordered to request new SDSs, and under 1910.1200(g)(6)(vi), the SDSs must be provided.
Clarification on effective date of SDSs replacing MSDSs[1910.1200]