What information must be disclosed in an OSHA MSDS?

Under the Occupational Safety and Health Administration (OSHA) all hazardous chemicals within the United States must have an associated MSDS. There is no mandatory format for the OSHA MSDS, it does however require specific information to be present. This information is stated in the OSHA Hazard Communication Standard (HCS) 1910.1200, which is as follows:

1. The chemical’s identity as stated on the product label
2. Physical and chemical characteristics
3. Physical hazards, including fire, explosion and reactivity potential
4. Health hazards
5. The primary route(s) of entry into the body
6. Exposure limit values
7. If listed on the National Toxicology Program (NTP) Annual Report On Carcinogens or International Agency for Research on Cancer (IARC) Monographs as a potential carcinogen
8. Precautions for safe handling and procedures for clean-up of spills and leaks
9. Control measures including engineering controls, work practices, and personal protective equipment
10. Emergency and first add procedures
11. Preparation date of OSHA MSDS
12. Name, address and telephone number of chemical manufacturer

There is a suggested eight section OSHA MSDS format in the OSHA Form 174, which does not necessarily have to be followed as long as the required information is present within the document. In fact the ANSI format, which contains sixteen specific sections, is now becoming more widely used for OSHA standards.

Can we use GHS in Europe on our SDSs and labels right away?

Can we use GHS in Europe on our SDSs and labels right away? If not, when can we prepare a GHS MSDS or SDS for use in Europe?

The short answer is 'yes', the EU implementation of GHS, known as CLP (Classification, Labelling and Packaging of chemical substances and mixtures) allows for early adoption of GHS for both SDSs and labels, though the rules differ between pure substances and mixtures.

Mixtures - The new classification system is not required for mixtures until June 1, 2015. Companies are free to adopt the new CLP rules on their SDSs and labels for mixtures any time before that date.

Substances - Between December 1, 2010 and June 1, 2015 companies are required to use both the existing classification system and the CLP system on their labels and SDSs - that is, substances will be 'double classified'. After June 1, 2015 only the CLP system is required. Companies are free to adopt the CLP system prior to December 1, 2010, so long as they follow the 'double classification' provisions required between December 1, 2010 and June 1, 2015.

Note that, unlike REACH, there is no one tonne exemption under CLP.

What are the obligations of non-EU companies towards the REACH Regulation?

According to the REACH Regulation, companies of the non-EU countries do not have direct obligations under the REACH Regulation. However, it is the importer who needs to comply with the REACH obligations. According to the Article 3(11) of the REACH Regulation, importer means any natural or legal person established within the Community who is responsible for import. On the other hand, according to Article 3 (9) of the REACH Regulation, a manufacturer means any natural or legal person established within the Community who manufactures a substance within the Community.

Non-EU companies exporting chemical substances on their own are not obligated to appoint an “only representative” according to the Article 8 of the REACH Regulation to fulfill the obligations of importers. However as a non-EU company such industries still need to take the REACH Regulation into observation. Why? Although you may be established in a non-EU country, you have to take into observation that some of your business partners might be based in the European Union. Even though, placing REACH Regulation into action it might be out of your direct line of sight, but you still have to pay attention to the details of the REACH Regulation. If not, someone downstream in your industry sales chain will be affected which will have a major impact on your industry as well.

For further information on REACH compliance, You may visit http://www.nexreg.com/

Do MSDSs prepared under U.S. OSHA Hazard Communication Standard (HCS) meet Canadian requirements?

No. The WHMIS supplier MSDS and label requirements are more prescriptive than those set out under HCS. However, the WHMIS and OSHA closely parallel one another; the main difference between those two regulations is the criteria for updating and MSDS.

In Canada under WHMIS regulations an MSDS is required by law to be updated every three years or in case there is a change in the formulation, which in that case might lead to a new WHMIS classification. On the other hand, OSHA requires an update only in the case if there is a change in formulation or health information. If a manufacturer, supplier or an importer is shipping his product to Canada they must have an MSDS dated with three years and the document must be in the two official languages English and French.

One of the main differences between the two standards is the actual style format in which the information is being presented, such as hazardous ingredients and hazard identity information. WHMIS regulations specifically require a 9 section format MSDS, which are as follows:

Hazardous Ingredients
Preparation Information
Product Information
Physical Data
Fire or Explosion Hazard
Reactivity Data
Toxicological Properties
Preventive Measures
First Aid Measures

OSHA MSDS suggests that an MSDS follows the 16 section format established by the American National Standards Institute (ANSI) standard for preparation of MSDSs (Z400.1), which are as follows:

Identification
Hazard(s) identification
Composition/information on ingredients
First-aid measures
Fire-fighting measures
Accidental release measures
Handling and storage
Exposure controls/personal protection
Physical and chemical properties
Stability and reactivity
Toxicological information
Ecological information
Disposal considerations
Transport information
Regulatory information
Other information

However, since WHMIS regulations were passed, several agencies have made suggestions and approved the 16 section standards and that under one condition that it follows the Canadian WHMIS regulations, in order to meet Canadian requirements.