How often should an employer update each Material Safety Data Sheet (MSDS) on the chemicals used? I posed this question to a representative of the Occupational Safety & Health Administration (OSHA) during the 93 OSHA Workshop in Orlando, FL, organized by Dennis Foster of Delta Faucet. Federal regulations do not provide a direct answer.

I recommend that an employer make a written request to every supplier and/or distributor no less than once a year.

An employer is also required to request updated forms when a product from a supplier changes, and/or new knowledge about the health effects of a chemical contained in a product becomes known. The chemical supplier has three months to change MSDS forms after new information about the health effects becomes known. Suppliers are supposed to distribute the updated forms.

Lack of Attention Can Be Costly

This issue can become a financial loss to an employer if an employee has an accident, or becomes ill, as a result of contact with a chemical substance. The availability to the employee of the latest MSDS on the chemical substance in question may become an issue, if litigation occurs. If the attorney of an employee can prove that the employer did not attempt to obtain and/or distribute the latest MSDS, part of the liability and financial responsibility may rest with the employer. That does not, however, imply that the chemical supplier will escape liability, especially if the suppliers MSDS has not been reviewed and updated.

The legal requirements for MSDS are listed i n section 1910.1200(g), under the title of "Hazard Communication." All OSHA Regional Offices can supply any person or employer with further information and guidance about any section in OSHA Federal Regulations free of charge, as "Compliance Directives or CPLs." They are available on CD-ROM and on paper. Simply call the OSHA Regional Office and request that it furnish an updated "Checklist and Index for OSHA Directives." The applicable directive can then be determined and a request can be made of up to four CPLs at one time, usually through an automated process by phone.

Regulations Call For Updates

One compliance directive that describes the need to update an MSDS is CPL2.2.38C, dated October 22,1990. It is the primary source of information for this article.

Even though employers request that each chemical supplier provide an updated MSDS every year, OSHA can also request this information. A sample letter from OSHA, or the designated state agency, appears in Appendix B of the CPL-2.2.38C. OSHA personnel will usually make a request by telephone before sending the following sample letter. Keep in mind that if the supplier does not reply, OSHA can initiate an audit.

A Sample Letter From OSHA

"Representatives of the Occupational Safety and Health Administration (OSHA), or a state plan designated agency, recently visited/or corresponded with (employers name), which purchases the following chemical(s) from your company: (List chemicals, products)

"Option 1: At the time of the visit, the (employers name) did not have Material Safety Data Sheets (MSDS)/labels for these products despite prior requests for them.

"Option 2: At the time of the visit, Material Safety Data Sheets (MSDS)/labels supplied by your company were found to be deficient. (Describe the specific deficiencies.)

"You are required under OSHAs Hazard Communication Standard (29 CFR 1910.1200) or your states Right-to-Know Law to perform hazard determinations, label containers, and provide the MSDS for all hazardous chemicals you produce or import. A copy of the standard is provided for your reference. Please immediately send properly completed MSDS/ labels for the chemicals listed above to your customer and a copy to me. If this information is not received within 30 days, an inspection of your establishment may be conducted.

"If the MSDS/label described above was deficient, you are also required to send revised copies to all of your customers with the first shipment after a MSDS/ label is revised.

"Thank you for your assistance. If you have any questions regarding this matter, please feel free to contact me at (insert telephone number)."

It makes sense to request, at least, yearly MSDS updates to protect the employer and the employee.

About the Columnist

Peter Moleux, P.E., specializes in safety and environmental engineering for the metal and surface finishing, and printed circuit industries. He is the chairman of the AESF OSHA Committee, serves on the AESF Publications Board, and is a member of the Boston Branch.