From: "Wright, Mike" <mwright**At_Symbol_Here**USW.ORG>
Subject: Re: [DCHAS-L] legal question on MSDS's
Date: June 8, 2012 9:43:14 AM EDT
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: <4FD1EF2C.9080309**At_Symbol_Here**depauw.edu>


Exactly. “Inert” only means that those ingredients are not the actual pesticide chemicals. They are fillers, carriers, etc. Their purpose is to dilute the active ingredients, stabilize them, and improve delivery. In many pesticide formulations more than 95% of the material is “inert,” and not typically disclosed. Emulsifiers and solvents are the most common inerts.  Kerosene is perhaps the most common single chemical.  

 

EPA publishes long lists of permitted inert ingredients permitted for general use, and for food crops.  The problem is that the manufacturers do not have to disclose which of those chemicals is in any given formulation, considering it to be a trade secret. In October, 2009, EPA asked for comments on a possible new rule requiring the disclosure of inerts, but it went nowhere. I believe there is at least one federal court decision overturning the trade secret claim with respect to pesticides used in forestry.

 

Most of the of the inerts are hazardous to some degree, and some are fairly toxic. For example, an environmental group recently found that some formulations of Roundup contain polyethoxylated tallowamine, which helps the pesticide gain access to plant cells, and may be more of a hazard to humans than the “active” ingredients.

 

The trade secret claim is a little silly. If a competitor can buy the product on the open market and analyze its composition, it’s not much of a trade secret. The OSHA Hazard Communication Standard does not allow trade secret claims with respect to products that can be “reverse-engineered,” but we had to go to court to achieve that.

 

 

 

Michael J. Wright

Director of Health, Safety and Environment

United Steelworkers

5 Gateway Center

Pittsburgh, PA 15222

 

Work (412) 562-2580

Cell     (412) 370-0105

Fax     (412) 562-2584

 

mwright**At_Symbol_Here**usw.org

 

Visit us on the web at www.usw.org

 

From: David Roberts [mailto:droberts**At_Symbol_Here**depauw.edu]
Sent: Friday, June 08, 2012 8:25 AM
To: DCHAS-L
Cc: Wright, Mike
Subject: Re: [DCHAS-L] legal question on MSDS's

 

Thanks Michael, this comment has me interested.

One question I have is this.  I believe when people have reactions to pesticides, they are mostly having issues with the "inert" ingredients.  I assume these chemicals are there for delivery purpose, and as such, can cause people issues.

Can you tell me this - are inert ingredients actually listed, or can they say that it's inert therefore I don't need to tell you what it is.  With that, does inert mean how it would react with people and the environment or inert in that it is not one of the agents used to kill bugs.

Just curious.  Thanks again

Dave

On 6/7/2012 11:49 AM, Wright, Mike wrote:

MSDSs exist for pesticides, they are just hard to get. That’s because they are required for worker protection in the plants that make the pesticide, under the OSHA Hazard Communication rules. FIFRA trumps the labeling both inside and outside the workplace, and MSDSs are not required for pesticide applicators. I’ve sometimes called the pesticide manufacturer and gotten an MSDS or at least a full listing of ingredients.

 

This is a fairly important issue because the “inert” ingredients can be hazardous.

 

 

 

Michael J. Wright

Director of Health, Safety and Environment

United Steelworkers

5 Gateway Center

Pittsburgh, PA 15222

 

Work (412) 562-2580

Cell     (412) 370-0105

Fax     (412) 562-2584

 

mwright**At_Symbol_Here**usw.org

 

Visit us on the web atwww.usw.org

 

From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU]On Behalf Of Dave Einolf
Sent: Thursday, June 07, 2012 9:56 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] legal question on MSDS's

 

I would be surprised if you got this answer at a Home Depot ever again. Each store has a designated safety person who can easily obtain this information online.  They, along with at least 14 other retailers require their suppliers to enter chemical data into a web portal and manage MSDS centrally.  Nothing like a $10 or $15 million fine for inadvertent waste disposal to get your attention. 

 

Dave


On Jun 7, 2012, at 4:33 AM, kauletta**At_Symbol_Here**NOTES.CC.SUNYSB.EDU wrote:

Killing bugs, presumably with an EPA registered pesticide, is not under the OSHA hazcom rules (pesticides are specifically exempted from this rule). This is a requirement of the EPA FIFRA pesticide rules. The exterminator is required by EPA to provide the LABEL to the homeowner/occupant. Not an (M)SDS.

I once asked the guy in Home Depot for an MSDS for some paint solvent I was going to buy & he looked at me like I was from Mars & had no idea what I was talking about. Said he never heard of it! (my daughter rolled her eyes and gave him the 'oh-oh wrong answer' look!)


Kim Gates Auletta
Lab Safety Specialist
EH&S    Z=6200
Stony Brook University
kim.auletta**At_Symbol_Here**stonybrook.edu
631-632-3032
FAX: 631-632-9683
EH&S Web site:
http://www.stonybrook.edu/ehs/lab/

Remember to wash your hands!




From:        Dave Roberts <droberts**At_Symbol_Here**DEPAUW.EDU>
To:        DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Date:        06/07/2012 07:26 AM
Subject:        [DCHAS-L] legal question on MSDS's
Sent by:        DCHAS-L Discussion List <dchas-l**At_Symbol_Here**MED.CORNELL.EDU>





What can I say, it's summer so I have time to catch up on some things
that have been building.

How does it work if a bug killing company (removing termites or
whatever) applies something in a household, and then gives an MSDS to
the home owners?  While I appreciate that they are warning them of the
hazards, what is the reason for doing such a thing?  Are they required
to warn people of the hazards, and are people expected to understand
what these documents mean?  I don't remember ever receiving an MSDS when
I bought something from a hardware store (though I know I could get one,
and of course I would know what it means, but I don't think my dad would
- but he would know who to ask).

Any thoughts on this would be appreciated.  I have been asked a question
on this and wanted to know some thoughts.

Thanks so much

Dave (again)

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