OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

July 31, 1989

Mr. Charles E. Lindsay
Lindsay Hardwoods, Incorporated
Post Office Box 343
Highway 15 and 460 West
Farmville, Virginia 23901

Dear Mr. Lindsay:

This is in response to your correspondence of May 2, regarding SARA Title III reporting requirements under sections 311, 312 and 313.

The Hazard Communication Standard (HCS), 29 CFR 1910.1200, requires a material safety data sheet (MSDS) to be developed for each hazardous chemical produced by a manufacturer. The MSDS developed by the chemical manufacturer should contain hazard information on the chemical for all its expected uses downstream. Therefore, as Jim Johnston mentioned to you, you are not required to generate a new MSDS when the product is diluted to its working strength, according to the manufacturer's directions. The MSDS received from the manufacturer is applicable to the diluted mixture.

The SARA Title III reporting requirements are administered by the Environmental Protection Agency. Your letter has been forwarded to the EPA for their response at the following address:

 

The Environmental Protection Agency
Emergency Planning and Community Right to-know Information Hotline
Attn: Ms. Minda Sarmiento
OS-120 401 M Street, S.W.
Washington, D.C. 20460

We hope this information is helpful to you. Please feel free to contact us again if further assistance is needed.

Sincerely,



Patricia K. Clark, Acting Director
Directorate of Compliance Programs