Are you like most others; do you put every Materials Safety Data Sheets (MSDSs) you receive into your MSDS binder? Does your MSDS station look like the Congressional Library? Do you ever wonder what MSDSs really need to be maintained. How about wite-out or copy toner, or cleaning chemicals, or those small containers of hand cleaner that plant employees use.

If you work in a facility that uses or stores chemicals, you should be somewhat familiar with
OSHA’s Hazard Communication Standard, 29 CFR1910.1200. It is of my opinion that the purpose, design and requirements of this standard are exceptional and certainly needed. The main objective of this standard is to ensure that all chemicals produced or imported are evaluated to identify hazards, and for the hazards to be communicated to the facilities and individuals who use the chemicals.

As a result of OSHA’s Hazard Communication Standard, most facilities have built binders of MSDSs that now are a familiar site in the workplace. Some facilities have advanced with technology and now maintain MSDSs electronically and make them available to employees online, but the principle remains the same.

Most facility safety professionals will agree, that from day one, they were told that a MSDS must be maintain for every chemical used and/or stored in the facility. As a basic rule this mind-set was okay. It certainly ensures that the facility will maintain a MSDSs for the chemicals they need to maintain a MSDS for. However, this practice will surely cost the facility addition money to manage the MSDA system, including additional time to perform chemical inventories and audits, updating MSDS binders or computer systems, and training employees.

OSHA’s Hazard Communication Standard 29 CFR1910.1200 is actually very specific about what types of chemicals are excluded from the MSDS requirement. Below are some sections of OSHA’s Hazard Communication Standard that should be considered before making the decision to maintain an MSDS.

29 CFR 1910.1200(b)(4) – facilities where employees handle chemicals in sealed containers and do not open them under normal conditions (e.g., warehouses, retail stores, etc.) do not have to obtain or maintain a MSDS, excluding the following:

• If an MSDS is received with the delivery of the chemical
• If an employee request a copy of an MSDS

29 CFR 1910.1200(b)(5)(i) – pesticides, insecticides, fungicides and rodenticides do not require a MSDS. These chemicals are regulated by EPA, not OSHA.

29 CFR 1910.1200(b)(5)(ii) – chemicals and chemical mixtures defined in the Toxic Substances Control Act (15 USC 2601 et seq.) do not require a MSDS. These chemicals are regulated under EPA, not OSHA.

29 CFR 1910.1200(b)(5)(iii) – foods, food additives, color additives, drugs, cosmetics, medical and veterinary devices and their ingredients do not require a MSDS. These chemicals are regulated by the U.S. Food and Drug Administration (FDA), not OSHA.

29 CFR 1910.1200(b)(5)(iv) – beverage alcohols including wine and malt beverages do not require a MSDS. These chemicals are regulated by the Bureau of Alcohol, Tobacco, and Firearms, not OSHA.

29 CFR 1910.1200(b)(5)(v) – consumer product or hazardous consumer substance do not require a MSDS. These chemicals are regulated by the Consumer Product Safety Commission, not OSHA.

29 CFR 1910.1200(b)(5)(vi) – agricultural and vegetable seeds do not require a MSDS. These are regulated by the U.S. Department of Agriculture, not OSHA.

In addition, 29 CFR 1910.1200(b)(6) – the following chemical categories do not require a MSDS:

• Hazardous waste (regulated by EPA)
• Hazardous substance (EPA again)
• Tobacco or tobacco products
• Wood or wood products
• Articles not of a fluid or particle nature
• Food or alcoholic beverages intended for personal consumption
• Drugs
• Cosmetics packaged for sale to consumers or intended for personal use
• Any consumer product
• Nuisance particles that do not pose physical or health hazards
• Ionizing and non ionizing radiation
• Biological hazards

While OSHA’s Hazardous Communication Standard is widespread in its application, it does not include every chemical and, therefore, you do not have to obtain and maintain MSDS’s for every chemical used or stored at your facility.

So, the next time someone in your facility comes to you in a panic because the big yellow book (MSDS binder) does not contain an MSDS for toilet bowl cleaner, Suzy’s lip gloss, Joe’s energy drink, the antibiotic cream in the first aid kit, or the window cleaner in the janitor’s cart, don’t panic, just calmly explain that it’s not required as detailed in 29 CFR 1910.1200(b)(5) and (6). And, if your maintaining MSDSs for these unregulated chemicals, consider lightning your load.

Note: while some chemicals may not require MSDSs, they might have separate labeling, storage and use requirements.

These are some questions I’ve recently been asked – Don’t be this guy:

• A can of diet soda contain citric acid, sodium benzoate and brominated vegetable oil, right?

• What is brominated vegetable oil? Can you get me a MSDS?

• How much brominated vegetable oil is in a can of diet soda? Is there a cutoff or a minimum threshold level?

• If I only have one case am I okay?

• How many cans are there in a soda machine?

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