Response: No. The use of the 'e-labeling' product information card would not be compliant with 29 CFR 1910.1200(g)(6)(ii). While OSHA allows for the use of electronic distribution of SDSs, the system you proposed does not meet all the requirements OSHA has outlined for electronic distribution of SDSs.

As discussed in OSHA's December 30, 1997, letter to the Honorable Charles S. Robb, manufacturers, importers and distributors who would like to use an electronic system for distribution of SDSs must meet the following requirements^[1].

1. The manufacturer must ensure that the downstream user has agreed to this type of information access, ("opt-in").
2. The manufacturer cannot require the downstream user to purchase new technology in order to obtain the SDS.
3. The manufacturer must ensure that some positive and verifiable form of notification (such as a letter or email) is provided with all the information necessary to access the SDS(s).
4. The manufacturer must ensure that some positive and verifiable form of notification is provided to ensure that the downstream user is aware when SDSs are updated.

To this end, downstream users must choose whether they would like to receive SDSs electronically through your e-labeling system and be able to "opt-out" at any time. Once a downstream user "opts-out" you must provide them a hard-copy of the SDS as part of their next shipment. If the downstream user elects to receive SDSs electronically, you are required to provide them with information on how to access SDSs and to notify users when SDSs are updated. Also, please note that all SDSs must be provided at no cost to the downstream user, regardless of whether they are shipped as hard-copies or provided electronically. In addition, the use of electronic distribution of SDSs does not eliminate the manufacturer or importer's requirement under 29 CFR 1910.1200(g)(6)(iv) to provide an SDS (hard-copy) upon request by the distributor or employer.