Safety Tidbit #2.10 –What’s in a Name - Safety Data Sheets

Safety Tidbit #2.10 –What’s in a Name - Safety Data Sheets

Source:            OSHA Instruction (CPL 02-02-079) Inspection Procedures for the Hazard Communication Standard (HCS 2012)

So what makes a good Safety Data Sheet? But just as importantly, what are the responsibilities of the employer with respect to the safety data sheet? I wish to take on one very small part of the pie called Hazard Communication.

I think everyone knows that the employer shall have a Safety Data Sheet (SDS) for each product in use at their site.  Many went through the arduous process of replacing their Material Safety Data Sheets (MSDSs) for SDSs as manufacturers and distributors made them available.  That was the ideal way.  However, many employers also diligently tracked down the manufacturers and distributors to request SDSs.  However, the “new” HazCom standard (HCS 2012) has been out for a little while now and I’m starting to see companies reverting back to their old habits – namely, not updating their SDSs. Unfortunately, once the employer had the correct SDS they once again put them in their SDS Book and placed the book on the shelf for all to have access.  Done – end of story – or is it…

What happens when the employer buys a new brand of the same product? Or the manufacturer changes the product or what if the manufacturer itself changes names. The named party on the SDS must be the same as the named party for the label. If there is a different company name on the SDS versus the label, the company that changed the name is responsible for both. Bottom line, the named party (manufacturer/distributer) must be the same between the label and the SDS two names need to be the same. For instance:

1. If the employer is maintaining one SDS for a particular chemical but uses that same chemical from a different manufacturer or importer without obtaining/maintaining the SDS from the new manufacturer or importer, the employer is not compliant.

2. If the SDS received from the manufacturer, importer or distributor has a different responsible party name than that on the product label, the employer must make a documented good faith effort to receive the appropriate SDS or they are not compliant.

3. Interestingly if you encounter a situation where the manufacturer, importer or distributor is providing SDSs that list a different responsible party than that on the label, referral procedures outlined in Appendix G of OSHA Enforcement Instruction must be followed.

So be wary, in today’s ever-changing business climate of company mergers and new start-ups, names can change and your client may find that their SDSs are no longer accurate. Rule of thumb – at least annually the employer should review their Hazard Communication Program which includes reviewing all of their hazardous materials and the respective SDSs.  However, reviewing the SDS for accuracy each time the client receives a new shipment allows for a proper hazard assessment and also ensures compliance with the law.

Hope this was helpful and thanks for reading my Safety Tidbits ~ Bryan