The SDS - A Vital Tool in the Product Stewardship Toolbox

A Recap of The Safety Data Sheet (SDS) - A Vital Tool in the Product Stewardship Toolbox Webinar & Follow-up Q&A

In our last webinar, "The Safety Data Sheet (SDS) - A Vital Tool in the Product Stewardship Toolbox," we took a deep dive into the SDS regulatory requirements, uses, frequent barriers, and process improvements. The webinar was incredibly well received and generated so many questions we were unable to answer them all. We took all the questions we couldn’t get to and summarized them below.

In case you missed any part of the webinar or would like to share the knowledge with your colleagues, a recording of the session is now available on the CHEMTREC Learning Academy. Feel free to access and share it at your convenience.

CHEMTREC believes the information listed below is accurate as of the date of publication. However, CHEMTREC does not warrant the accuracy of the information and information should be independently verified before it is relied upon. Individual facts and circumstances regarding particular products and scenarios could impact the answers provided.

1. Do you [CHEMTREC] prepare EU and K-REACH compliant SDS? 
   Yes. Our solution caters to multiple jurisdictions worldwide, supporting compliance with the most stringent regulations in a wide variety of languages.
2. Does SDS need to update every year, even though nothing changes? 
   No. For United States, SDSs are only required to be updated within three months of new and significant information regarding the hazards of a chemical, or ways to protect against the hazards becoming available, rather than an annual basis.
3. Does CHEMTREC provide reports to account holders to summarize response activity with details of location, product, quantity disposed, etc.? 
   Yes. CHEMTREC provides incident reports. Contact our Customer Service team at 1-800-262-8200 or chemtrec@chemtrec.com and they’ll be happy to help you with this.
4. Is there any requirement to have a SDS for a consumer product? 
   Only the label is completely exempt from the HCS. Under certain circumstances, there are some requirements for SDSs for a consumer product. A consumer product is only totally exempt from the OSHA HazCom 2012 if 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 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. However, where an employer is uncertain whether the duration and frequency of exposure to these products is comparable to that of a consumer, they should obtain or develop the MSDS [SDS] and make it available to employees (see 52 FR, pg. 31862, August 24, 1987). It is the employer's responsibility to assess his workers' exposures and determine if and when the requirements of the standard apply.
5. If a customer is receiving a bulk product at their facility (“Receiving Customer”) that is unloaded & shipped by pipeline with no modification/alteration to the product to other 3rd party customers of the Receiving Customer, can the Receiving Customer rebrand the current SDS with their own company information seeing that there has been no change made it? 
   Yes. This is private labeling; however, the Receiving Customer is now “responsible party” and is representing the contents of the SDS are accurate. The responsible party will list its name, U.S. address, and U.S. telephone number and can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
6. Are constituents required to be displayed within a REACH EU SDS? 
   Yes. If the constituents are hazardous to health or the environment and are present in the product above their cutoff levels they must be disclosed in accordance with REACH EU regulations. Click here for more information regarding the EU requirements for ingredient disclosures.
7. Does CHEMTREC author EU Poison Center Notifications? 
   Yes.
8. I am still unclear about the ingredient list in Section 3 - if an ingredient is not considered hazardous, must it still be listed? 
   No. If the ingredient is not considered hazardous under HCS, it does not need to be listed in Section 3. Please click here for more information.
9. How much do you charge for your SDS authoring/product (e.g. 10 jurisdictions worldwide)? 
   Please email sales@chemtrec.com for any questions related to our SDS Authoring service. You can also fill out the form here.
10. Does CHEMTREC author extended SDS for EU compliance? 
    CHEMTREC does author Safety Data Sheets for the European Union. CHEMTREC does not, however, do exposure scenarios.
11. Can a manufacturer update or create their own SDS that has all requirements, or must it be done by a certain agency? 
    Yes, a manufacturer can update or create their own SDS. Keep in mind the SDS needs to be prepared by a competent person who shall take into account the specific needs of the user audience, as far as it is known. Persons placing substances and mixtures in the market shall ensure that refresher courses and training on the preparation of SDS be regularly attended by the competent persons. For more information, please refer to Paragraph A.4.2.2 Annex 4 of the UN GHS here.
12. The SDS Access webpage has a library for each customer with all its SDS. Is that info available to the company that is transporting the dangerous goods? 
    Yes. SDS Access is available to anyone who subscribes to the service, including companies transporting dangerous goods. Please contact our Customer Service team at 1-800-262-8200 or chemtrec@chemtrec.com and they’ll be happy to help you with this.
13. When reviewing a MSDS [SDS] from a supplier, in section 3, it does not include details about the composition, but in a very general way it mentions biodegradable polyester, is it valid that it comes like this?
    More information is needed to assess. Please email the SDS in question to chemtrec@chemtrec.com for more information.
14. What steps are needed to initiate a mock call when conducting training with customers of a transportation company? 
    Please check out CHEMTRECs “Schedule a Drill” program.
15. Does CHEMTREC have certified SDS authors for Turkey? 
    Turkey has a specific certification process for professionals authoring Safety Data Sheets. Unfortunately, at this time, CHEMTREC does not support authoring SDS for the Turkish region.
16. On the SDS, do only chemicals with hazardous conditions need to be listed? For example, what if you have a product that is 95% non-hazardous and the other 5% is confidential, the manufacturer must list that confidential ingredient if it has a hazardous condition? 
    The confidential ingredient’s hazards must be listed in Section 3. See OSHAs letter of interpretation here for more information.
17. The SDS also has emergency and technical telephone numbers (Section 1). Can CHEMTREC telephone number be used in either case (domestically or globally)? I was told CHEMTREC could only be used on the shipping paper. 
    Emergency number on SDS: If you subscribe to CHEMTREC’s ERIP service, then you can place the CHEMTREC emergency number(s) in Section 1 of the SDS. 
    Technical or non-emergency numbers: The CHEMTREC emergency number(s) should not be displayed as a technical or non-emergency number. Should you need additional support outside of Emergency Response, please contact marketing@chemtrec.com.
    Domestically or globally: CHEMTREC has a suite of in-country emergency numbers to support regulatory emergency number requirements and languages throughout the world. The emergency number to display for national, regional, or worldwide audiences may differ. Please contact CHEMTREC if you require assistance in selecting the right CHEMTREC emergency number.
18. If we are shipping to foreign countries, can we just use the US SDS? 
    It is the responsibility of the foreign country importer to supply a SDS compliant for that jurisdiction (along with language requirements as well).
19. Does OSHA plan to require manufacturers to start supplying SDS's for the hazardous materials or substances contained in an article? 
    CHEMTREC cannot speak on behalf of OSHA or their plans for requiring SDS, but OSHA did not propose any changes to the definition of articles in its recent Proposal. It should be noted downstream users have been known to ask/require them. If you would like to hear more about CHEMTREC authoring your articles SDS, please email sales@chemtrec.com or complete our online form.
20. If a product is manufactured in the EU and the product is sold through a distributer in the U.S. Does the distributer who is offering the product required to provide a US SDS? 
    It is the responsibility of the U.S importer to supply a SDS compliant for the U.S. Please click here to view OSHAs LOI for “responsible party.”
21. If company X sells a product to company Y, does the responsibility for SDS requirements transfer to company Y? For example, if company Y moves the product to another country, who has the responsibility to generate the compliant SDS for that country? 
    It is the responsibility of the foreign country importer to supply a SDS compliant for that jurisdiction (along with language requirements as well).
22. Are there specific wording requirements for Section 2 Hazard Statements? 
    For specific wording requirements refer to Appendix C to 1910.1200- Allocation of Label Elements here.
23. Will you have a webinar on what is required in the revised HCS coming down the line? 
    We are considering hosting a webinar to provide more information about the upcoming revisions to the HCS. Keep a look out in your email inbox for more information!
24. Can you repeat what chemical physical properties are most helpful for First responders/firefighters? 
    Flash point/bp for flammability 
    Vapor pressure and boiling points are used to estimate how much vapor is being produced in order to refine their protection distances for populations. 
    Solubility (the actual value not qualitative statement) – key characteristic for the assessment of environmental hazards and establishing decontamination protocols. 
    Specifying units – first responders should not have to assume in emergency situations.
25. Does CHEMTREC satisfy the EU REACH requirements to act as a poison control center number? 
    A company is required to register with each individual European Poison Center, where an appointed body has been announced. For countries where no appointed body has been announced, CHEMTREC’s emergency telephone numbers can be used. For a more precise answer to a specific member state, please provide your inquiry to sales@chemtrec.com.
26. Is there a certificate we can use for CEU? CHEMTREC webinars are not currently accredited. 
    If you need confirmation of attendance, please email marketing@chemtrec.com and they will be able to provide this for you.
27. If we have a question for someone on the panel, are we able to email them? 
    Yes. please send your question(s) to marketing@chemtrec.com and they will be assigned appropriately.
28. Is there a way to get confirmation of SDS receipt from CHEMTREC once SDS are sent?
    Unfortunately, due to large number of submissions that we receive from customers on a daily basis, we are unable to respond to each email requesting confirmation of receipt. You may request a read receipt to the email submission that will allow you to be notified when we have processed your submission. You are always able to request an SDS Report that will show all the SDS currently in your library.