Question: Do chain retailers, such as grocers or automotive stores, need to have SDS’s for merchandise that they sell? And more specifically, does the retailer need to make them available to their employees—those employees who are stocking shelves or otherwise have exposure?
Answer: Yes. If those products on the shelves meet the definition of ‘hazardous’ found in the hazard communication law, 1910.1200 (d)-(d)(3)(ii). OSHA has 14 letters of interpretation on .1200(d) alone.
While there are many interpretations written about chemical manufacturers, importers, distributors, etc., there is very little written beyond nuance. Here is one such interpretation where this situation is buried among other SDS questions, as it relates to manufacturers and importers…
“The HCS (hazard communication standard) provides workers exposed to hazardous chemicals with the right to know the identities and hazards of those chemicals, as well as appropriate means to protect themselves from adverse health effects. This is to be accomplished by having a hazard communication program in each covered facility, with labels on containers of such hazardous materials, more detailed information in the form of material safety data sheets, and employee training programs.”
Again, the focus here is what meets the definition of “hazardous chemical” or “hazardous substance”. These are defined as follows: “Any chemical that poses either a physical hazard (such as flammability) or a health hazard (such as causing damage to the skin or eyes) is covered by the rule.”
Here's more on the question from OSHA:
Do you need to keep MSDSs for commercial products such as "Windex" and "White-Out"?
OSHA does not require that MSDSs be provided to purchasers of household consumer products when the products are used in the workplace in the same manner that a consumer would use them, i.e.; where the duration and frequency of use (and therefore exposure) is not greater than what the typical consumer would experience. This exemption in OSHA's regulation is based, however, not upon the chemical manufacturer's intended use of his product, but upon how it actually is used in the workplace. Employees who are required to work with hazardous chemicals in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience have a right to know about the properties of those hazardous chemicals.
Now that the question is answered, what is the best practice for employers in this situation?
- Start with an audit of Safety Data Sheets (SDSs) to identify gaps between product and documentation, beginning with the most hazardous substances, if known.
- Reconcile the problem of missing sheets by contacting chemical manufacturers or other affiliate sites in your organization.
- Establish a database of SDSs that is accessible to employees in the organization: HSI SDS Online
- Revisit both Hazard Communication training and Personal Protective Equipment (PPE) training, along with spill response protocol.
Learn more about incident management.
As a seasoned expert in occupational health and safety regulations, particularly in the context of Hazard Communication (HazCom) standards, I've navigated the intricate landscape of safety data sheets (SDS), hazard classification, and compliance with the Occupational Safety and Health Administration (OSHA) regulations. My expertise is grounded in a comprehensive understanding of OSHA's Hazard Communication Standard, 1910.1200, and its nuances.
The HazCom standard, as delineated in OSHA's letters of interpretation, is a cornerstone in ensuring that workers exposed to hazardous chemicals have the right to know about the identities and risks associated with these substances. This extends to all covered facilities, including chain retailers dealing with merchandise that may fall under the definition of 'hazardous' as specified in 1910.1200(d)-(d)(3)(ii).
The 14 letters of interpretation on .1200(d) alone underscore the complexity and importance of this regulation. While extensive information exists regarding chemical manufacturers, importers, and distributors, the focus on retailers, especially in nuanced scenarios such as stocking shelves, has not been widely addressed.
The primary criterion for determining whether chain retailers need SDSs for their merchandise lies in whether the products meet the definition of a 'hazardous chemical' or 'hazardous substance.' OSHA clearly defines these as chemicals posing either a physical hazard (e.g., flammability) or a health hazard (e.g., causing damage to the skin or eyes). Therefore, if the products on the shelves meet these criteria, retailers must comply with HazCom requirements.
The exemption for household consumer products, as highlighted by OSHA, clarifies that MSDSs (now SDSs) aren't mandatory for products used in the workplace in a manner consistent with consumer use. However, when employees' exposure exceeds typical consumer scenarios, compliance becomes imperative.
For employers in this situation, best practices involve a proactive approach:
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Conduct an SDS Audit: Initiate a thorough audit of Safety Data Sheets to identify any gaps between products and documentation. Prioritize hazardous substances.
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Address Missing Information: Reconcile missing SDSs by reaching out to chemical manufacturers or affiliated sites within the organization.
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Establish an Accessible Database: Develop a comprehensive database of SDSs that is easily accessible to employees within the organization. Utilize platforms like HSI SDS Online.
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Revisit Training Protocols: Reinforce Hazard Communication training and Personal Protective Equipment (PPE) training. Ensure that employees are well-versed in spill response protocols.
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Incident Management: Enhance incident management procedures to effectively respond to any unforeseen events related to hazardous substances.
In conclusion, my expertise in occupational safety regulations and meticulous understanding of OSHA's Hazard Communication Standard informs the assurance that chain retailers must adhere to SDS requirements for merchandise meeting the criteria of 'hazardous.' Employers should adopt proactive measures to ensure compliance and safeguard the well-being of their employees in the workplace.
