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September 8, 1987
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
THRU: LEO CAREY, DIRECTOR
FROM: THOMAS J. SHEPICH, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Responsibility for Material Safety Data Sheets (MSDS) Under
the Hazard Communication Standard (HCS)
Several requests for clarification concerning a downstream user's
responsibility for the accuracy and completeness of material safety data
sheets have been received in the National Office. Based on discussions with
the Solicitor and the Directorate of Health Standards, we have concluded that
the language used in the HCS requires that only the party preparing or
obtaining the MSDS (i.e. the manufacturer or importer) can be held
responsible for its content. Therefore, effective immediately, only the
upstream manufacturer or importer will be cited for violations involving MSDS
accuracy and completeness. Downstream users will no longer be subject to
these citations. Any outstanding, relevant citation(s) which have been
issued to downstream users shall be withdrawn.
When a MSDS violation is discovered at a downstream user's facility, the
Area Director shall follow the referral procedure detailed in CPL 2-2.38A,
dated May 16, 1986, page 17. The sample letter referenced in Appendix B
should be modified to inform employers that a corrected MSDS must be sent to
all customers not just the establishment where the discrepancy was
discovered.
The above policy change will be reflected shortly in a change to CPL
2-2.38A. Questions concerning these procedures should be directed to Roy
Gibbs or Steve Simon, Office of Health Compliance Assistance, at FTS
523-8036.
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