Safety Class – MSDS – Safety Data Sheet – Yearly Requirement
The purpose of the Hazard Communication standard (HCS), 29 CFR 1910.1200, is “to ensure that the hazards of all chemicals produced or used in the workplace are evaluated and that the information is transmitted to employers and employees.” With respect to your question regarding the accessibility of MSDSs, the standard states in paragraph 1910.1200(g)(8) that the employer must “ensure that they are readily accessible during each work shift to employees when they are in their work area(s).”
29 CFR 1910.1020, Access to Employee Exposure and Medical Records, states that its purpose is to, “provide employees and their designated representatives a right of access to relevant exposure and medical records.” “Employee exposure record” is defined, among other records, as “a record containing any of the following kinds of information: … safety data sheets.” In the absence of an MSDS or other exposure record specified under the standard, the employer may maintain a chemical inventory (or other type of record) which reveals the identity of the toxic chemical and where and when it was used. Paragraphs 1910.1020(e)(1)(i), 1910.1020(e)(1)(iii)(A), and 1910.1020(e)(1)(iii)(B) require that when an employee or employee representative requests access to records, the employer must ensure that “access is provided in a reasonable time, place, and manner” and that requested copies or copying facilities be “provided without cost.”
Both standards cited above refer to the employee’s right to access information and both make specific reference to safety data sheets. Under 1910.1020, the employee must request the record of exposure, while under 1910.1200, the MSDSs must be available to employees without having to ask. Other differences are: 1) the language used in §1910.1020 is specifically directed towards employee access to exposure and medical records, whereas §1910.1200 encompasses all elements of the employer’s hazard communication program; 2) §1910.1020 does not require the employer to maintain the MSDS after the chemical is no longer used in the workplace as long as some record of exposure exists, while the HCS requires that the MSDSs for chemicals in current use be immediately available. Therefore, the HCS is more applicable for obtaining information on chemicals in current use, while the Access to Employee Exposure and Medical Records standard is meant to allow employees to access exposure records.
Do not forget record the date a MSDS sheet is discountinued. The date is recorded in your Hazard Communications Manual. This infomation will be maintained for at least 30 years.
Paragraph 29 CFR 1910.1200(h) requires employers to provide employees with information and training on hazardous chemicals in their work area. If the employees that are required to receive this information and training do not comprehend verbal English, the employer must inform and train these employees in a language which is comprehensible in order to satisfy the requirements of 29 CFR 1910.1200(h).
Extras: Place Poison Control’s number on the front of your MSDS binder and at each phone in the establishment.