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SDS or MSDS

May 18, 2016

If you've been around 'for a while' you are probably familar with the term MSDS meaning 'Material Safety Data Sheets'; these are sheets that spell out the hazards associated with chemicals and various other products used in a business.   What you may not know is that MSDS sheets are now obsolete and the new standard is SDS (Safety Data Sheets) - these use a different format, identify somewhat different hazards, and use new graphics to represent relative hazards.   

Apparently, OSHA is now fining employers that haven't adopted the new SDS format... one of our Producers writes: "I wanted to make you aware of an interesting OSHA violation I heard about yesterday. I was told by a safety engineer from an insurance carrier we work with, that he had a client who was fined $350 dollars by OSHA for every safety data sheet they had that still said MSDS. As you know, they started rolling over to the new SDS format in late 2012 and the deadline for that change over, I believe, is 6/1/16.... it appears that OSHA can crack down rather severely on those who have missed anything in the updates. I was told this company received 5 violations of $350 each just because they had MSDS instead of SDS. You hope that OSHA never makes a visit, but it would be worth a look to make sure there are no sheets lingering that read MSDS."

SDS Sheets should readily be available from your suppliers (cleaning products, ingredients, treatments, processes) and must be maintained by employers in a place readily available to employees.  Additional information on SDS requirements can be found here on the OSHA site. 

Here's another good resource re: the implementation schedule:

Implementation Dates
The following dates for implementation of the HCS are given in paragraph (j) of the standard:

  • (j)(1) Employers shall train employees regarding the new label elements and safety data sheets format by Dec. 1, 2013.
  • (j)(2) Chemical manufacturers, importers, distributors, and employers shall be in compliance with all modified provisions of this section no later than June 1, 2015.
  • (j)(2)(i) After Dec. 1, 2015, the distributor shall not ship containers labeled by the chemical manufacturer or importer unless the label has been modified to comply with paragraph (f)(1) of this section.
  • (j)(2) (ii) All employers shall, as necessary, update any alternative workplace labeling used under paragraph (f)(6) of this section, update the hazard communication program required by paragraph (h)(1), and provide any additional employee training in accordance with paragraph (h)(3) for newly identified physical or health hazards no later than June 1, 2016.
  • (j)(3) Chemical manufacturers, importers, distributors, and employers may comply with either 1910.1200, revised as of Oct. 1, 2011, or the current version of this standard or both during the transition period.

Disclaimer: The information provided in this blog post is intended for general knowledge and informational purposes only, and does not constitute professional insurance advice. The content is not exhaustive and does not cover all potential situations. It is essential to review your specific insurance policy and discuss your individual circumstances with your insurance agent or broker. We strongly recommend that you consult with a qualified insurance professional to address your insurance needs and questions.

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