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Subject: Re: [DCHAS-L] Are SDS for existing chemicals required?
Date: Friday, January 30, 2015 3:48:16 PM
Author: "Bradley, Shelly" <Bradley**At_Symbol_Here**HENDRIX.EDU> 		Next by Date:
Subject: [DCHAS-L] Chemical Safety headlines from Google (10 articles)
Date: Mon, 2 Feb 2015 07:50:54 -0500
Author: "Secretary, ACS Division of Chemical Health and Safety"

From: ILPI Support <info**At_Symbol_Here**ilpi.com>
Subject: Re: [DCHAS-L] Are SDS for existing chemicals required?
Date: Fri, 30 Jan 2015 17:45:27 -0500
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: AF8B8A49-E7DB-4F7B-96D5-3E6D5B65E7AC**At_Symbol_Here**ilpi.com
In-Reply-To


That opens up a bunch of very fine complexities.

The HazCom Standard, like many OSHA standards, is performance-based, meaning that OSHA doesn't really care how you achieve compliance so long as you are compliant.    That said, this particular subject requires something that's just not possible, so in the spirit of performance-based compliance my *assumption* is that an OSHA inspector would be looking at your best good faith efforts to supply the required information/

Therefore, if you weren't willing/able to use up or get rid of those materials, then I'd proceed along the lines of what you suggest by **adding** the other manufacturer's sheet to the existing one with a big red note on the first page that explains the situation to a user who consults the sheet in an emergency.   We discuss this in our (not up to date for GHS) MSDS FAQ here: http://www.ilpi.com/msds/faq/partd.html#missing (see the link to the also outdated CPL therein)    The fine legal question here I can not address is whether adding that note and sheet now makes you the "responsible party" (e.g. basically, you've just authored an SDS yourself and are the hook as discussed in previous posts.  See http://www.ilpi.com/msds/faq/partc.html#contact

Another important caveat is that this other manufacturer ***is under no legal obligation to assist you *** because you are not contacting them about their product.  Therefore, if you pursued that route, it would be prudent to contact them before there is a situation and ensure that they would cooperate in the event of an emergency.  See http://www.ilpi.com/msds/faq/partd.html#multimanufacturer   There are, of course, emergency resources such as ChemTrec which can serve that same purpose; it might be worth asking them for their thoughts.

All of the above just refers to trying to deal with the OSHA compliance issue.  As you can see, there is presumably a much bigger legal liability issue if there's ever an incident involving the material.

In summary, I'd consider your approach a reasonable stopgap measure as far as OSHA compliance is concerned, but given the potential liability issues (disclaimer: I am not an attorney) I have two specific recommendations:

1. Ask your local OSHA compliance office for an official opinion as to what to do  http://www.labor.ar.gov/divisions/Pages/OSHAConsultation.aspx   This could take weeks or months, however.

2. Institute a plan to remove all such "orphaned" materials from your inventory by a particular date.  June 1 sounds like a good date!

Rob Toreki

  ======================================================
Safety Emporium - Lab & Safety Supplies featuring brand names
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On Jan 30, 2015, at 3:48 PM, "Bradley, Shelly" <Bradley**At_Symbol_Here**HENDRIX.EDU> wrote:

I have MSDSs for everything now. So for our older chemicals from vendors/manufacturers that no longer exist do you recommend getting a GHS compliant SDS for the same chemical from another manufacturer?
That's what we have been doing, but I just wasn't sure about the regs.
 
Thanks,
Shelly
 
Shelly Bradley
NRCC-CHO
Authorized OSHA Trainer
Instrumentation Specialist
Laboratory Development Assistant
Campus Chemical Compliance Director
Department of Chemistry
Hendrix College
Conway, AR 72032
Ph:      (501) 450-3812
Fax:     (501) 450-3829
bradley**At_Symbol_Here**hendrix.edu
 
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of ILPI Support
Sent: Friday, January 30, 2015 1:00 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Are SDS for existing chemicals required?
 
Short answer: If you have an MSDS, just stick with it.  I would discourage anyone from making their own SDS because they would then be the "responsible party" and presumably inherit all of the legal responsibilities that brings https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28796   And even so, use it up or dispose of it as waste to make your compliance that much easier.
 
Broadening the scope of that question a little more, if you don't have an MSDS of any sort, then that's a problem.  MSDS's have been required since 1986, so failure to have an (M)SDS is the employer's fault, as the manufacturer would have been able to provide one at the time the material was procured.  In my mind that is more than a de minimus violation because it means that the employer has clearly been lacking the required sheet for a significant period of time. 
 
Rob Toreki
 
  ======================================================
Safety Emporium - Lab & Safety Supplies featuring brand names
you know and trust.  Visit us at http://www.SafetyEmporium.com
esales**At_Symbol_Here**safetyemporium.com  or toll-free: (866) 326-5412
Fax: (856) 553-6154, PO Box 1003, Blackwood, NJ 08012
 
 
 
 
 
On Jan 30, 2015, at 1:22 PM, "Bradley, Shelly" <Bradley**At_Symbol_Here**HENDRIX.EDU> wrote:


Thanks!
What about when the vendor/manufacturer no longer exists?

FYI - We are a private college in a non-plan state so are regulated by federal OSHA.

Shelly Bradley
NRCC-CHO
Authorized OSHA Trainer
Instrumentation Specialist
Laboratory Development Assistant
Campus Chemical Compliance Director
Department of Chemistry
Hendrix College
Conway, AR 72032
Ph:       (501) 450-3812
Fax:     (501) 450-3829
bradley**At_Symbol_Here**hendrix.edu


-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of Zydnia Madera
Sent: Friday, January 30, 2015 11:14 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Are SDS for existing chemicals required?

See below.

-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of Bradley, Shelly
Sent: Friday, January 30, 2015 10:30 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: [DCHAS-L] Are SDS for existing chemicals required?

Do I need GHS compliant Safety Data Sheets for existing chemicals?                 Yes, by June 1,2015
Do I still keep the original MSDS as well?                                                                         Yes, depending the states the law says for 30yrs plus the time of the employment of your employees
Do they have to be from the original manufacturer?                                                 They should be from your vendor/manufacturer.
What if the manufacturer  no longer exist? 

Thanks in advance for your help,
Shelly

Shelly Bradley
NRCC-CHO
Authorized OSHA Trainer
Instrumentation Specialist
Laboratory Development Assistant
Campus Chemical Compliance Director
Department of Chemistry
Hendrix College
Conway, AR 72032
Ph:       (501) 450-3812
Fax:     (501) 450-3829
bradley**At_Symbol_Here**hendrix.edu

 

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