According to HazCom 2012, employers are only required to have SDS’s readily accessible for hazardous chemicals. For non-hazardous chemicals, OSHA does not require employers to maintain SDSs. A chemical is considered as non-hazardous only if the chemical is not classified as a health hazard, an environmental hazard, or a physical hazard.
OSHA defines a health hazard as “a chemical which is classified as posing one of the following hazardous effects: acute toxicity(any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard.”
Similarly, a physical hazard is defined as “a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas.”
So what kinds of substances are categorized as non-hazardous?
Chemicals that fall under this category include the following:
· Drugs in solid, final form for direct administration to the patient (e.g., tablets)
· Retail drugs that has been packaged by the manufacturer and can be purchased over-the-counter
· Drugs intended for personal consumption (e.g., first aid supplies)
· Articles (e.g., any manufactured item, other than a fluid or particle, that does not pose a physical hazard or health risk to employees)
· Tobacco and tobacco products
· Hazardous waste
· Cosmetics
· Wood or wood products
· Nuisance particulates that do not pose any physical or health hazard
· Biological hazards
· Ionizing and nonionizing radiation
· Food and alcoholic beverages
With the broad definition of hazardous chemicals, it is important for chemical manufacturers and importers to determine the actual health and physical hazards of the chemicals they produce/distribute. So, although OSHA does not require SDS’s for non-hazardous chemicals, it is better to be safe than sorry!
The GHS limbo continues. The OMB was spoeuspd to complete its final review by January 24, 2012. Instead they have posted that the review period has been extended indefinitely. That means everyone will be waiting a while longer and we don’t have any indication how long.
So, without an SDS, and an auditor comes, a Customer, and OSHA inspection, how do you prove the material is not hazardous? Containers can be relabeled, so labels are not conclusive evidence.
It looks as if the responsibility is on you to ensure that you have a compliant SDS (or I assume, documentation that the product is non-hazardous) for any chemical in your facility.
According to OSHA publication https://www.osha.gov/Publications/OSHA3695.pdf
Distributors are responsible for ensuring that their customers are provided a copy of these SDSs, at the time of the first shipment, and when an SDS is updated with new and significant information.
Employers must have an SDS for each hazardous chemical which they use. Employers may rely on the information received from their suppliers unless they know the information is incorrect. If you do not receive an SDS automatically, you must request one as soon as possible. If you receive an SDS that is obviously inadequate, with, for example, blank spaces, you must request an appropriately completed one. If your request for an SDS or for a corrected SDS does not produce the information needed, you should contact your local OSHA area office for assistance in obtaining the SDS. Employers must maintain the current version of the SDS; if a new SDS is received with a shipment, they must maintain and make available the new SDS.