| The Home page of ILPI's Safety Data Sheet (SDS) Resource, the leader in SDS information since 1995! | |
| The history and philosophy behind this resource. | |
| A curated collection of books and reference materials concerning Safety Data Sheets and closely related topics. | |
| Paste your plain text SDS into the SDS-Demystifier, and it will be converted into a hypertext-enriched document with links to detailed explanations of each key term. | |
| An extensive list of frequently asked questions about Safety Data Sheets including regulations, content, compliance, and more. | |
| A humorous take on Safety Data Sheet jargon. Fill in the blanks on our entry form to generate a personalized Unsafety Data Sheet to share with your coworkers. | |
| Since 1995, we've maintained this massive curated list of the best places to find Safety Data Sheets on the Internet. | |
| Way more than a glossary, this hypertext-enhanced resource covers hundreds of SDS-related terms and expert knowledge. Each entry includes both the SDS relevance and links to additional authoritative resources. | |
| Archived results of Safety Data Sheet related polls taken by some of our millions of site visitors | |
| You are here! The OSHA regulations behind SDS regulations, including the inspection guidelines and over 400 official interpretations letters under the Hazard Communication Standard | |
| Commercial suppliers of SDS authoring and management software as well as cloud compliance services. | |
| Commercial companies that will create SDS's for your specific needs as well as SDS translation companies. |
Safety signs, banners, and scoreboards? Get yours at Safety Emporium!
OSHA Hazard Communication Letters of Interpretation
There is no requirement for employers to respond to requests for material safety data sheets (MSDS) for old products.
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, original 1983 rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Generally consistent for discontinued products
This letter addresses the original 1983 Hazard Communication Standard (HCS), which is now obsolete. Its narrow conclusion for a supplier that had stopped manufacturing the product appears consistent with OSHA's later guidance on discontinued products. The original decision concerned a product discontinued more than twelve years before the HCS first took effect; neither that age nor the historical November 1985 date creates a general exemption for any product now described as “old.”
The later OSHA interpretation distinguishes a manufacturer that has discontinued the chemical or gone out of business from an active supplier's SDS distribution and request obligations. It does not relieve an employer using a covered hazardous chemical of the workplace SDS and employee-access requirements. These are separate responsibilities.
Where applicable, 29 CFR 1910.1020 also governs exposure-record retention and access. Its SDS-retention alternative permits a record of the chemical's identity and where and when it was used to be kept for at least thirty years instead of retaining the SDS itself. This letter should not be used as authority to discard required records or deny employee access.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
September 25, 1985
Mr. William M. Pallies
Exide Corporation
101 Gibraltar Road
Horsham, Pennsylvania 19044-2373
Dear Mr. Pallies:
This is in response to your letter of September 9, inquiring whether any Occupational Safety and Health Administration (OSHA) requirement places an obligation for employers to respond to requests for material safety data sheets (MSDS) for old products.
The case you relate in your letter indicates a former customer has asked for an MSDS for a product you ceased manufacturing more than 12 years ago. OSHA's new Hazard Communication Standard (HCS) goes into effect in two stages. Chemical manufacturers, importers and distributors must transmit MSDS and label products containing hazardous chemicals on and after November 25, 1985.
This requirement is not retroactive, and accordingly you would not be required under the HCS to transmit a MSDS.
[ILPI note: This was a ruling on the original 1983 HCS and its historical effective date. For a manufacturer that has discontinued a product, see OSHA's May 27, 2004 interpretation. It is not a blanket exemption based solely on product age; current supplier, workplace SDS, and applicable exposure-record duties must be considered separately.]
I am not aware of any other relevant Federal statute. You are best advised to seek legal counsel concerning local laws that may be in effect.
Please feel free to contact us again if further assistance is needed.
Sincerely,
John B. Miles, Jr.
Director
Directorate of Field Operations
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1985-09-25.