Strictly speaking, the chemical identity on the label has to match that on the SDS. Per OSHA Instruction, Directive Number CPL 02-02-079, Inspection Procedures for the Hazard Communication Standard (HCS 2012)" which is the playbook that OSHA inspectors use to determine if there are violations of the HazCom Standard, "The manufacturer, importer or responsible party name on the label must be the same as on the SDS." See paragraph F(1)(d) at
http://ilpi.com/msds/osha/cpl0202079.html#labels_f
Why? I flesh this out more here
Do I have to keep every SDS that I receive?
If I have the same chemical from different manufacturers, do I need to keep all their SDS's?
Point 4 is the most salient: "The manufacturer listed on the SDS is willing to act as the responsible party in the event of an emergency. There is no legal requirement for them to assist you with another company's product."
And while you're at it, the see FAQ question that follows that.
This one sort of applies to the matter as well:
As a distributor, can we change the name and address on an SDS?
Summarizing, if you have a bottle of stuff with a label that says it is from Kevorkian Chemical Co and you only have the SDS from Sigma (even though the products are equivalent/identical), that is a citable violation. However, there is no part of HazCom that says you can't have both sheets in your collection.
Whether training your employees to use the wrong sheet is citable - no idea. But you do have to train them if you think the sheet is inadequate and I you can probably argue providing the alternate SDS is a form of written training. =46rom the perspective of the Standard see this FAQ question (I need to strike/amend that Dow reference there in light of recent data):
Are we protected from liability if someone is injured because an SDS supplied to us is wrong but we had no way of knowing about the error?
...Additionally, if an employer has sufficient information about a potential health hazard for which no information is provided on the MSDS, it must provide employees with additional information and training regarding those new hazards. Based on the performance oriented nature of the HCS, if employers have this information, they must provide it to their employees, including information related to how employees can recognize exposures and measures to protect themselves against the workplace hazards. 29 CFR 1910.1200(h).
Lastly, OSHA's standard for General Requirements for Personal Protective Equipment (PPE), 29 CFR 1910.132(d)(1), requires employers to, "...assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE)..." If the employer's hazard determination results in findings that PPE would protect employees from hazards present in the workplace, then this equipment must be provided by the employer.
Rob Toreki
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Safety Emporium - Lab & Safety Supplies featuring brand names
Fax: (856) 553-6154, PO Box 1003, Blackwood, NJ 08012
I think its not in our best legal interest to substitute SDSs from one manufacturer for another, even if we think one is better than another. If an employee were to report an exposure, and the formulation or information available were to differ than the manufacturer, then this substitution might affect who is determined to be the "responsible party." If you are an end-user, it is your responsibility to use and keep the latest SDS version - and ensure that it is easily accessed by all employees. There is no harm in keeping an SDS from each manufacturer. However, updating SDSs all the time can be burdensome. OSHA does allow manufacturers to create an SDS that covers multiple products, but I am not certain about what OSHA says about end-users substituting SDSs. I have found many SDSs lacking in information or no longer available, so I keep the old MSDS as well as newer/better SDSs with updated information so both are available to employees. No fun, but I want to cover my bases. Any suggestions on a better approach or interpretation about what OSHA says?
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