Ms. Peggy Haase
Green Environmental Consulting, Inc.
202 Vanderpool Lane
Houston, TX 77024

Dear Ms. Haase:

Thank you for your letter of July 7, 2009, to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs. You requested a response for your specific question relating to the preparation of material safety data sheets (MSDSs). This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any questions not detailed within your original correspondence. Your question is paraphrased below followed by our response.

Scenario: Your incoming letter indicates that your company prepares MSDSs for a client that contracts out the blending of fuel products at several different locations and that a P.O. Box serves as a centralized location for the chemical manufacturer and, therefore, would be the best address to be included on an MSDS. You correctly noted that 29 CFR 1910.1200(g)(2)(xii) does not address the use of a mailing address versus a physical address. Additionally, you previously contacted an OSHA official, who provided you with a verbal (informal) interpretation that a mailing address alone was not sufficient.

Your employees can stay informed and safety-ready with right to know stations and labels from Safety Emporium.

Reply: The Hazard Communication Standard is a performance-oriented standard. This means that your company has the flexibility to comply with the standard in a way that best fits your business practices and meets the performance requirements for the standard. As you are aware, 29 CFR 1910.1200(g)(2)(xii) [in context: HCS 1994 | current regulation: HCS 2012, Appendix D as well as CPL 02-02-079, Appendix H] 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. [Emphasis added.]

Either the physical or mailing address of the party listed may be used on the MSDS. The intent of this provision in the standard is to ensure that the party listed can be reached to provide additional information on the hazardous chemicals or clarification of the information on the MSDS, as well as additional emergency procedures, if necessary. We apologize for any confusion our previous response may have caused you.

Sincerely,

Richard E. Fairfax, Director
Directorate of Enforcement Programs