DCHAS-L Archives, Jan 24 2012 - Re: [DCHAS-L] MSDS for obsolete chemical

As usual, you are correct, Neal. The 30 year rule would apply if the person asking for the sheet was a former *employee* of that company, rather than some downstream user of the product. See "former employees" and the links therein under http://www.ilpi.com/msds/faq/partb.html#myrights

That said, many companies comply with 29 CFR 1910.1020, the "Access to employee exposure and medical records" Standard, by maintaining their MSDS's for the 30 year statutory requirement. In which case the company might actually have them on file and could, out of the goodness of their heart, supply one...

Insofar as the language of the HazCom standard 29 CFR 1910.1200 (1200, not 1020...those two standards always get confused) goes, there is nothing in the current version that addresses how long a manufacturer's downstream flow requirement is to last.

More importantly, this chemical predates the effective date of the HazCom standard and therefore no MSDS was ever required. See this OSHA interpretation: http://www.ilpi.com/msds/osha/I19951006C.html which states "Manufacturing employers were not legally required to obtain, maintain, and make available upon request copies of MSDSs until May 26, 1986, (the effective date of the final rule). Thus, the employer is under no legal obligation to do so for hazardous chemicals purchased prior to [that date]"

Lastly, if the person making the request is a consumer rather than an employee who was occupationally exposed to the chemical, the HazCom Standard would not apply. The law deals only with occupational capacities - employers, distributors, and their employees, not consumers.

======================================================

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 24, 2012, at 5:55 PM, NEAL LANGERMAN wrote:

All:
A chemical manufacturer ceased producing/selling a specific chemical 30 years ago. Someone approached them today and asked/demanded a MSDS. Further, they stated that =93OSHA requires the manufacturer to provide exposure and disposal information for 30 years=94.

While I am convinced the quoted statement is the person confusing the employee exposure monitoring date retention requirement, I thought I would mine the collective wisdom/memory to be sure I am not missing something.

Thanks in advance

nl

------------------------------------------------------------------------------------
The information contained in this message is privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer.

ACSafety has a new address:
NEAL LANGERMAN, Ph.D.
ADVANCED CHEMICAL SAFETY, Inc.
PO Box 152329
SAN DIEGO CA 92195
011(619) 990-4908 (phone, 24/7)
www.chemical-safety.com

We no longer support FAX.

Please contact me before sending any packages or courier delivery. The address for those items is:
5340 Caminito Cachorro
San Diego CA 92105

About This Archive \|	DCHAS-L 2012 Index \|	DCHAS-L Yearly Index
Search All Posts: Advanced Search Disclaimer