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Standard Interpretations
02/20/1997 - Manufacturers' use of the Internet for distribution of MSDSs to downstream users. |
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Standard Number: | 1910.1200(g)(6); 1910.1200(g)(7); 1910.1200(g)(8) |
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. The system you described appears to fulfill a manufacturer's responsibility for providing downstream users with MSDSs. As stated in your letter, Chiron Diagnostics will follow the steps outlined below:
While these steps meet the manufacturer's overall requirements for the downstream flow of information, manufacturers who choose to use this type of system must be aware of and ensure provisions for the following:
Systems such as the one you described are often promoted as being a "paperless" system. OSHA would caution the downstream users, however, that they may want to maintain paper copies as a back up in case of system failure or an inability to readily access the data. We hope that this information is useful. If we can be of further assistance, please do not hesitate to contact your nearest OSHA Office at: [USDOL, OSHA, South Boston Area Officeor you may contact [the Office of Health Enforcement at (202) 693-2190]. Sincerely, Stephen Mallinger, Acting Director [Office of Health Enforcement] [Corrected 10/22/2004] January 6, 1997 Ms. Ruth McCully (Certified Mail P 855 184 947) Director, Office of Health Compliance Assistance U. S. Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW Room N 3467 Washington, DC 20210 Re: Electronic Distribution of Material Safety Data Sheets (MSDSs) Dear Ms. McCully, Recently, I spoke with Mr. Fred Mallaby from Region 1 OSHA and Ms. Maureen O'Donnell and Mr. Tom Galassi of the Office of Health Compliance Assistance regarding the implications of the recent NACOSH Report to OSHA on Hazard Communication. Upon Ms. O'Donnell's recommendation, I am submitting this letter to you to: 1) Give you some background information about my discussions with Ms. O'Donnell, Mr. Galassi and Mr. Fred Mallaby, and 2) To request OSHA's reply to my questions regarding our plans to use the Internet for MSDS distribution. Background: In the past year, Chiron Diagnostics has been pursuing ways in which to use electronic vehicles to distribute MSDSs instead of the traditional, paper intensive methods. In the process of gathering information, I contacted Mr. Fred Mallaby at Region 1 OSHA in October 1996 to gather ideas from OSHA. At that time, Mr. Mallaby stated to me that OSHA would now find it acceptable for companies to use the Internet for distributing MSDSs to customers as a result of a recent NACOSH report to OSHA on Hazard Communication. Mr. Mallaby gave me some initial information stating that companies could now post and maintain current their MSDSs on their Internet site mail a letter to their customers giving them the Internet address and explaining the alternative means for getting MSDSs should they not have Internet access. Mr. Mallaby stated that this scenario would meet the requirements of the Hazard Communication Standard that requires manufacturers to supply MSDSs to their customers with the initial shipment and upon revision. In addition to my conversation with Mr. Mallaby, I ordered and read a copy of the NACOSH report and decided to contact Mr. Galassi for his interpretation of the report. At that time, Mr. Galassi explained that in addition to a letter to our customers explaining the location of the Internet site and the alternative means for receiving MSDSs, that we would have to get our customers' acceptance for receiving MSDSs through the Internet. Mr. Galassi and I discussed what would be considered acceptance and he stated that he would view acceptance as having our Customer Service Representatives (CSRs) ask the question (as a documented part of their script) of customers during the ordering process and have the CSR check a Yes or No box on the order forms. A Yes would prompt our CSR to state the location of the Internet site; a No would prompt our CSR to forward an MSDS fulfillment request to our literature department for mailing or FAXing the MSDSs to the customer. Based on Mr. Mallaby's and Mr. Galassi's information, we began moving forward with an MSDS addition to our Internet site. In the process, I called Ms. O'Donnell to get any OSHA quips, guidance documents or the like to support the information Mr. Mallaby and Mr. Galassi stated to me. Ms. O'Donnell replied that since the NACOSH report is new and the concept of electronic distribution is also as new, that OSHA did not have any of the aforementioned documents. Therefore, Ms. O'Donnell recommended that I submit this letter to you. Questions: We are proposing the following for using the Internet to meet compliance with the Hazard Communication Standard's requirements to distribute MSDSs with initial orders and upon revision. Are you in agreement with Mr. Galassi and Mr. Mallaby that this scenario meets those requirements?
Sincerely, Kevin S. Johnson, CIH, CSP Corporate EH&S Manager |
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