Good Question Series: Can a worker use a chemical product that doesn’t have a Safety Data Sheet?
Short Answer: According to OSHA Standard 1910.1200(g), a Safety Data Sheet is needed whenever a hazardous chemical is present in the workplace.
Intended Audience: Business Owners, Managers, Supervisors, Foremen, Logistical & Safety Personnel.
Definitions:
A Safety Data Sheet (SDS) is a document typically provided by the manufacturer that contains detailed information about a hazardous chemical specifically written for the user.
Material Safety Data Sheet (MSDS) is the old name that was replaced by the term Safety Data Sheet in 2012.
The United Nations Globally Harmonized System of Classification & Labelling of Chemicals (GHS) is a unifying international standard for classifying chemicals and communicating the hazards they can present to humans and the environment.
Hazardous Chemicals in the Workplace Data:
An estimated 32-million American workers have an exposure risk to hazardous chemicals, or around 20% of total workforce.
The Top-5 U.S. industries with workers exposed to hazardous chemicals are; manufacturing, construction, agriculture, healthcare & transportation.
While an exact number is not known, there are an estimated 80,000 hazardous chemicals currently in American workplaces.
40% of all hazardous chemicals present in U.S. workplaces are either missing or have non-compliant safety data sheets.
OSHA estimates that around 190,000 U.S. workers become ill each year because of exposure to hazardous chemicals with another 50,000 who will eventually die from their exposure.
Chemicals not Required to Have Safety Data Sheets:
Non-hazardous chemicals
Tobacco products
Drugs in their final form
Food & beverages
Finished goods
Consumer products used as intended by the manufacturer.
This is commonly referred to a the “Consumer Exemption”
OSHA and Common Household Chemicals Like Cleaners:
Generally speaking, a worker using a cleaner that is sold retail and for incidental use does not require the employer to maintain an SDS.
An example would be a clerical worker who periodically uses a Windex type product to periodically clean their computer screen.
Another example would be a clerical worker who periodically uses a bleach-based product to clean the top of their desk.
However, if custodial personnel regularly use a bleach-based product to clean restrooms. the applicable SDS must be maintained on file and the Hazard Communication Standard followed.
Additionally, secondary containers such as spray bottles, used with chemicals requiring an SDS are required be properly labeled.
Top-5 OSHA Requirements with Safety Data Sheets:
Employers must have an SDS for every hazardous chemical used or present in the workplace. OSHA Standard 1910.1200(g)(1)
All SDS’s Must Follow a Uniform 16-Section Format. OSHA Standard 1910.1200(g)(2)
SDS’s must be assessable to employees at their workplace. OSHA Standard 1910.1200(g)(8)
SDS’s must be kept up-to-date & accurate. OSHA Standard 1910.1200(g)(5)
All chemical manufacturers, importers, or distributors must provide an SDS automatically with each shipment. OSHA Standard 1910.1200(g)(6)
The 16-OSHA Required Components for Every SDS:
Identification
Hazard(s) identification
Composition / information on ingredients
First-aid measures
Fire-fighting measures
Accidental release measures
Handling and storage
Exposure controls / personal protection
Physical and chemical properties
Stability and reactivity
Toxicological information
Ecological information (non-mandatory)
Disposal considerations (non-mandatory)
Transport information (non-mandatory)
Regulatory information (non-mandatory)
Other information, including date of preparation or last revision
What OSHA Requires of Employers if a Chemical is Received Without a SDS:
Not to use chemical product without an applicable SDS.
To ask for the manufacturer or supplier to provide on as soon as possible.
To keep a written log of the attempts made to obtain the applicable SDS.
To contact the respective OSHA regional office and notify them of the issue.
OSHA Penalties for SDS Violations:
Around 20% of all OSHA citations for Hazard Communication violations relate specifically to Safety Data Sheets.
The Three Most Common Safety Data Violations are for:
Not having the applicable SDS on hand in the workplace.
Failure to obtain or develop the appropriate SDS.
Failure to see that the applicable SDS is in English & properly formatted.
For each missing SDS, OSHA can potentially issue 2-citations; (1) not having a SDS and, (2) failing to obtain a SDS.
OSHA can issue a violation for each missing SDS at the worksite.
The average OSHA penalty for an employer not having a required SDS currently stands around $1,425.
OSHA Penalizing Manufacturers for Failing to Develop or Issue Safety Data Sheets:
While OSHA can penalize domestic based manufacturers and distributors of chemicals for not issuing SDS’s, they generally cannot directly fine foreign chemical manufacturing entities for the same violation.
This is because OSHA’s enforcement authority is only valid within the United States and its territories.
However, if the foreign manufacturer fails to issue a valid SDS, the distributor in the U.S. has the responsibility to then issue one.
SDS Digital Resources for Mobile Devices:
Chemical Safety Data Sheets: Uses a chemical’s name to research through several thousand SDS that comply with OSHA Standards. A free copy can be downloaded download from the Apple Store Website and it has a rating of 4.3 out of 5-stars.
Cargo Decoder: By using DOT’s 4-digit Cargo Number, a full copy of the applicable SDS can be retrieved. A free copy can be downloaded from the Apple Store Website and it has a rating of 4.3 out of 5-stars.
OSHA Digital: Among other capabilities, this app contains complete copies of the OSHA Standards to include OSHA 1910.1200, Hazard Communication. A free copy can be downloaded from the Apple Store Website and it has a rating of 5 out of 5-stars.
Main Takeaway Point:
OSHA SDS citations can be particularly costly as they not only can be issued for every missing SDS at the workplace, but also for the employer’s failure to put an adequate effort in trying to obtain those missing SDS’s.
About the Author:
Rob Brooks is the Loss Control Manager for Centurion Insurance Services in Charleston, West Virginia. He has over 40-years experience in his profession having worked for some of the leading insurance carriers and brokers. Rob has professional certifications in both human resource management (CHRS) and workers compensation (CWCP) from Michigan State University’s School of Human Resources & Labor Relations.
Disclaimer:
This publication is intended for general educational purposes only, and not to be considered as business, financial or legal advice.
Centurion Insurance Services and the writer makes no guarantees or warranties of any kind, express or implied, about the reliability, completeness or suitability of the information contained herein.
Readers should consult with appropriate professionals before making any decisions based on the content of this newsletter.
We will not be liable for any losses or damages arising from the use of the information provided.
