OSHA Instruction CPL 2-2.39 March 27, 1986 Office of Health Compliance Assistance

Subject: Sample Material Safety Data Sheet

A. Purpose. This instruction establishes procedures for national distribution of a nonmandatory material safety data sheet (MSDS) form that is consistent with the requirements for MSDSs in the Hazard Communication Standard (HCS). Employers may use the MSDS and be assured that the types and topics of information required by the standard have been incorporated on the form. Of course, it remains the employer's responsibility to accurately fill in all appropriate information,

B. Scope. This instruction applies OSHA-wide.

C. References.

1. The Hazard Communication Standard, 29 CFR 1910.1200, November 25, 1983.

2. OSHA Instruction CPL 2-2.38, August 5, 1985, Inspection Procedures for the Hazard Communication Standard.

D. Action. OSHA Regional Administrators and Area Directors shall adhere to the procedures established in this instruction.

E. Federal Program Change. This instruction describes a change in the Federal program for which a State response is not required, Each Regional Administrator, however, shall:

1. Ensure that this change is promptly forwarded to each State designee,

2. Explain the content of this change to the State as requested.

3. Provide copies of Appendix A to State designees and encourage the States to duplicate the form for their use, and to make it available to requesters,

OSHA INSTRUCTION CPL 2-2.39 MAR 27 1986 OFFICE OF HEALTH COMPLIANCE ASSISTANCE

F. 7(c)(1) Consultation Projects.

1. OSHA Regional Administrators shall ensure that this instruction is forwarded to 7(c)(1) Consultation Project managers and explain the content as requested.

2. Each Consultation Project Manager shall ensure that consultation program personnel follow the procedures (H. 3. & 4.) in this instruction.

G. Background 29 CFR 1910.1200(g) establishes a performance oriented requirement for MSDS, in that any format may be used as long as all required information is included.

1. The existing OSHA-20 Form, established under OSHA Maritime Standards, may continue to be used if updated to conform with the Hazard Communication Standard's MSDS requirements under 29 CFR 1910.1200(g). Employers involved in shipbreaking operations do not currently fall within the scope of industries covered by the HCS and therefore shall continue to comply with the MSDS provisions of 29 CFR 1910.97(c).

2. Under the HCS chemical manufacturers and importers must complete MSDSs for all products containing hazardous chemicals at a concentration of 1.0 percent or greater, and for all products containing 0.1 percent or greater of substances identified as carcinogens.

3. Considerable interest has been expressed for creation of a sample MSDS. This instruction makes a nonmandatory form available for all those interested in utilizing it. (See Appendix A.)

H. Procedures.

1. A supply of nonmandatory MSDSs will be sent to each Regional Office.

OSHA INSTRUCTION CPL 2-2.39 MAR 27 1986 OFFICE OF HEALTH COMPLIANCE ASSISTANCE

2. Regional Administrators are responsible for ensuring that an adequate supply of the MSDSs are maintained.

3. Single copies of the MSDS should be made available to requesters

4. Compliance officers shall make copies of the MSDS available to employers and explain its use.

I. Form Stock. A large supply of forms will be shipped initially to each Regional and Area Office and 7(c)(1) consultation project offices. Regional Administrators will then be responsible for requesting additional supplies of the form, as necessary.

J. Form Duplication. Employers shall be encouraged to duplicate the form for their own use. The form lends itself to duplication because it is only two pages.

Patrick R. Tyson Deputy Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers

OSHA INSTRUCTION CPL 2-2.39 MAR 27 1986 OFFICE OF HEALTH COMPLIANCE ASSISTANCE