Employee and employee representative access to MSDS; accompanying CSHOs on inspections.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 https://www.osha.gov.

March 7, 2003

Mr. Milan Racic
Health and Safety Specialist
International Brotherhood of Boilermakers
452 West Willow Court
Fox Point, Wisconsin 53217-2654

Dear Mr. Racic:

Availability of MSDSs on Construction Sites

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 https://www.osha.gov.

May 16, 1990

Mr. Kenneth E. Krauska, President
National Association of Plumbing-Heating-
Cooling Contractors
Post Office Box 6808
Falls Church, Virginia 22046-1148

Dear Mr. Krauska:

Thank you for your letter of March 15, regarding the availability of material safety data sheets (MSDSs) on construction sites, as required under the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS), 29 CFR 1926.59. I apologize for the delay in this response.

Maintaining MSDSs on a computer data base.

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 https://www.osha.gov.

 

Manufacturers' use of the Internet for distribution of MSDSs to downstream users.

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 https://www.osha.gov.

February 20, 1997

Kevin Johnson, CIH, CSP
Corporate EH&S Manager
Chiron Diagnostics Corporation
63 North Street
Medfield, Massachusetts 02052-1688

Dear Mr. Johnson:

Thank you for your letter of January 6, regarding manufacturers' use of the Internet for distribution of Material Safety Data Sheets (MSDSs) to downstream users.

Material Safety Data Sheets.

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 https://www.osha.gov.

 

Using the telephone to back-up eletronic access to MSDSs.

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 https://www.osha.gov.

October 13, 1998

Mr. Mark Hoffman
Rudolph/Libbe, Inc.
6494 Latcha Road
Walbridge, Ohio 43465

Dear Mr. Hoffman:

Thank you for your letter of July 10, to Ms. Jule Jones, Office of Construction Standards, Directorate of Construction. Your letter has been referred to the Office of Health Compliance Assistance, Directorate of Compliance. Please excuse our delay in responding. Your letter asked the following question:

Employee access to MSDSs required by 1910.1200 vs. 1910.1020.

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 https://www.osha.gov.

 

Hazard communication effective dates and SDSs

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 https://www.osha.gov.

July 27, 2015

Ms. Robin Smith
RMS Interests, LLC
251 Hidden Creek Drive
Dripping Spring, Texas 78620

Dear Ms. Smith:

Applicability of the Hazard Communication standard to DEF tank operations.

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 https://www.osha.gov.

May 12, 2011

Ms. Carolyne R. Hathaway
Latham & Watkins LLP.
555 Eleventh Street, N.W., Suite 1000
Washington, DC 20004-1304

Dear Ms. Hathaway:

Building and Construction Trades Department - 04/06/2007

 

IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

BUILDING AND CONSTRUCTION
TRADES DEPARTMENT, AFL-CIO,
LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA, and
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS,

Petitioners,

v.