September 13, 1993

Ms. Leslie C. Birnbaum
Corporate Health and Safety Manager
Wehran EnviroTech
666 East Main Street
Middletown, New York 10940

Dear Ms. Birnbaum:

Thank you for your letter of July 23, concerning requirements of the Occupational Safety and Health Administrations (OSHA) Hazard Communication Standard (HCS). You specifically inquired "whose name, address, and telephone number must appear on the MSDS?" Your question pertains to the HCS (29 CFR 1910.1200) paragraph (g)(3)(xii) which states:

"The name, address, and telephone number of the chemical manufacturer, importer, employer, or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary."

We concur with your reading of the standard. Responsible parties must be able to supply all the information required by the MSDS, including the appropriate emergency information. Generally this will be the manufacturer or importer. If the chemical manufacturer has consented to being designated the responsible party and they are capable of providing the necessary information then the requirement of the standard has been met.

Thank you for your interest in occupational safety and health.

Sincerely,

Ruth E. McCully, Director Office of Health Compliance Assistance

July 23, 1993

Mr. Roger Clark
Occupational Safety and Health Administration
Director of Compliance Program
Room 3469
200 Constitution NW
Washington, D.C. 20210

Dear Mr. Clark:

On July 9, 1993, we called the OSHA Office of Compliance to obtain a regulatory interpretation of the Hazard Communication Standard for one of our clients. At the time, we spoke with Mr. Tom Galassi who advised us to submit the question to the Office for a response.

Therefore, we would appreciate a response regarding a regulatory interpretation to the issue described below in relation to the Hazard Communication standard. Our client purchases paper from a paper manufacturer. Subsequently, our client puts their name on the paper and distributes it as their product. The issue that has arisen from this procedure is whose name, address and telephone number must appear on the MSDS? In discussing this issue with Mr. Galassi, he believed that as long as the chemical manufacturer was comfortable in responding to the distributors clients, there is no need for our client to place their name on the MSDS. Additionally, it is our understanding as per 29 CFR 1910.1200(g)(3)(xii) that the name, address and telephone of the company whose name appears on the MSDS must be capable of supplying an inquirer with additional information on the chemical hazards and/or emergency response information. It is our thought that the manufacturer would be in a better position to supply this information than the distributor in this specific case. We would appreciate a response to this inquiry at your earliest convenience. Thank you.

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Sincerely,

WEHRAN-NEW YORK, INC.

Leslie C. Birnbaum
Corporate Health and Safety Manager
LCB/dm