Frequently Asked Questions

About MSDS and the Hazard Communication Standard

OSHA's New HCS

Q.	Is OSHA going to update the Hazard Communication Standard?
A.	Yes, OSHA is planning to modify its existing Hazard Communication Standard (HCS) to conform with the United Nations’ (UN) Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
Q.	Why is the standard being changed?
A.	OSHA believes the proposed modifications will improve the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. The improved information is expected to keep employees better apprised of the chemical hazards to which they may be exposed, and reduce the incidence of chemical-related occupational illnesses and injuries.
Q.	When will the standard take effect?
A.	That isn’t yet known. The updated standard is still in the proposed rule stage. Effective dates will be announced when a final rule is published.
Q.	How long will I have to update my Hazard Communication program to ensure compliance with the new rule?
A.	Timing in the proposed rule indicates a two year time frame for updating employee training and three years for phasing in full implementation of the new standard.
Q.	What is being changed?
A.	Proposed modifications include: 1) revised criteria for classification of chemical hazards; 2) revised labeling provisions, including use of standardized signal words, pictograms, hazard statements, and precautionary statements; 3) a specified format for safety data sheets (formerly called material safety data sheets); 4) revisions to definitions of terms; and 5) requirements for updated employee training on labels and safety data sheets.
Q.	Do changes in the Hazard Communication Standard affect other OSHA standards?
A.	Yes, OSHA is planning to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards (asbestos, benzene, lead, etc.), to ensure consistency with the modified Hazard Communication Standard requirements.
Q.	Do I have to do something new or different to evaluate chemical hazards?
A.	Chemical manufacturers or importers will have new responsibilities for evaluating and communicating hazards to employers and employees. Employer responsibilities remain basically the same – effectively communicate the information you receive from your suppliers. “All employers with employees exposed to hazardous chemicals must develop a hazard communication program, and ensure that exposed employees are provided with labels, access to SDSs, and training on the hazardous chemicals in their workplace.”
Q.	What will be different about chemical labels?
A.	OSHA will be requiring use of standardized signal words (Danger, Warning, Caution, Notice), hazard statements (e.g., Fatal if Swallowed), and pictograms (e.g., skull and crossbones) to communicate hazards.
Q.	What will the pictograms look like?
A.	You can see examples in “A Guide to The Globally Harmonized System of Classification and Labelling of Chemicals (GHS)” available at: osha.gov. You can also see examples examples.
Q.	What will be different about material safety data sheets (MSDS)?
A.	The term Safety Data Sheets (SDS) will replace the term MSDS. The purpose will be the same, but a standardized format and consistent terminology will be required. Chemical manufacturers and importers will be required to develop an SDS for each hazardous chemical they produce or import.
Q.	Will I have to replace all my MSDS?
A.	Yes, eventually you will need to do so. The proposed phase in period is 3 years, but that period has not yet started. The final rule will dictate the timing. OSHA expects old format MSDS and new format SDS to co-exist for some period of time. Their main focus during the transition period will be ensuring that employers continue to have an effective Hazard Communication program in place.
Q.	Is an executive summary of proposed changes available?
A.	Yes, OSHA has published summaries in many locations (e.g., see the OSHA FAQ)
Q.	Where can I find a copy of the proposed rule?
A.	Details of the proposed rule can be found here.

About MSDS

Q.	What is an MSDS?
A.	OSHA has defined an MSDS as "written or printed material concerning a hazardous chemical which is prepared in accordance with section G of the Hazard Communication Standard"(HCS).
Q.	Why do I need to know about them?
A.	If you are an employer, you may be required to comply with OSHA's Hazard Communication Standard. If you are an employee who works with hazardous chemicals in the workplace, your employer is required to establish a Hazard Communication Prgram and train you about those chemicals.
Q.	What is the Hazard Communication Standard?
A.	OSHA has written the following simple summary of the HCS.
Q.	What does RTK mean?
A.	RTK stands for Right-to-Know, and many people use the term Employee Right-to-Know Law in place of the Hazard Communication Standard. The wording comes from OSHA, who describes the purpose of the standard being based on employees having the "right-to-know" the hazards and identities of the chemicals they work with.
Q.	Who determines if a product needs an MSDS?
A.	The manufacturer or importer of the product is responsible under the HCS 1910.1200(d) for determining if a product is hazardous and covered under the standard.
Q.	What information is required to be included on an MSDS?
A.	Product name (should be the identity used on the label) Supplier’s name, address and phone number Hazardous Ingredients Identity of any carcinogens Exposure limits of the chemicals Chemical and physical properties Physical Hazards First Aid Procedures Health hazards including signs and symptoms of exposure and any medical conditions aggravated by exposure. Routes of Entry Spill clean-up instructions, safe handling instructions, and personal protective equipment recommendations. Date of Preparation of the MSDS or date of the last change
Q.	Who decides what other information should be included in an MSDS?
A.	The manufacturer or importer of the product.
Q.	Shouldn't all MSDS look the same?
A.	While it would be nice if all MSDS were formatted the same, OSHA can currently recommend but not mandate that everyone use the same format. That may change within the next 2-5 years.  OSHA is considering a modification to the Hazard Communication Standard.  A standard format would be required for MSDSs (to be called Safety Data Sheets in the future).  The format would be consistent with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) adopted by the United Nations.  It is actually the 16-section SDS format originally developed by the American National Standards Institute (ANSI), with a switch in the order of sections 2 and 3 (Hazard identification and Composition).   There is broad international acceptance for this change.  In fact, many international countries have already started the implementation process.

Employee Access to MSDS

Q.	Does OSHA allow for electronic access to MSDS?
A.	Yes, as long as there are no barriers to an employee having access. For instance, if your electronic system requires the use of the fax machine, your employees must have access to a phone and fax machine; if your system requires access via a computer, the employee must have access to a computer.
Q.	What does OSHA mean when they say my employees need immediate access?
A.	There can be no barriers to access. Employees should be trained on how to access the information and to understand what they are reading. OSHA has refrained from putting an exact timeframe on how long it may take an employee to obtain the information.

Managing MSDS

Q.	How often do I need to update my MSDS?
A.	The employer is under no obligation to update the MSDS. The supplier is responsible to send you an MSDS with your first shipment of the products, and with the next shipment after a significant change has occurred to the MSDS. Am employer should include in their written Hazard Communication Program how they handle the receipt of MSDS’s to ensure that the most current MSDS received is available to their employees.
Q.	Can I keep other documents in place of an MSDS?
A.	These items may be retained but cannot replace the MSDS unless they contain all of the required elements of an MSDS.
Q.	Does every product need an MSDS?
A.	No, some products are exempt from the HCS. Only hazardous chemicals used in the workplace are covered. Exempt products include: Food, drugs and cosmetics in the workplace for employee consumption Solid drugs in final packaged form (e.g. tablets, capsules) for delivery to a patient. Consumer products containing hazardous substances where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended.
Q.	Who is responsible for sending me the MSDS?
A.	The supplier or distributor who provides you with the product.
Q.	Do I have to keep all the MSDS that are sent to me?
A.	You only have to keep MSDS for hazardous products. You can request your supplier to only send you MSDS for products required to have one. However, many employers keep MSDS, even on non-hazardous materials, as it is sometimes easier to keep the paper than to maintain a list of which products do not require one.
Q.	If I obtain the same chemical from multiple suppliers, do I need an MSDS from each manufacturer?
A.	Yes. The HCS puts the responsibility of providing a MSDS on the supplier of the product. That MSDS must have the name, address, and phone number of the supplier. A system might be able to be developed that would work to have one MSDS cover all manufacturers, but would be unlikely to be worth the effort.
Q.	How long do I need to keep MSDS after we discontinue use of the product?
A.	Employee exposure records, which include MSDS or an inventory of the MSDS that an employee may have been exposed to, must be kept for 30 years after an employee leaves the organization.