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OSHA Hazard Communication Letters of Interpretation
Manufacturer and employer responsibilities when providing MSDSs electronically.
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 1994, pre-GHS archive
- Current standard
- HCS 2024, as amended
ILPI assessment: Electronic-system principles remain; telephone-backup statement later qualified
This letter addresses the obsolete 1994 version of the Hazard Communication Standard (HCS). Its core electronic-system duties remain useful: recipients must have usable access, suppliers must provide positive notification, employers need trained users and reliable backup, and service contracts do not shift the regulated parties' duties.
Apply supplier/distributor transmission, immediate SDS access (FAQ) and modern required SDS headings and order, no-information statements, and Appendix D. The no-particular-format statement concerns electronic delivery here, not freedom to omit the mandatory SDS headings/order. The categorical telephone sentence was later qualified by the October 13, 1998 backup clarification and February 18, 1999 explanation: immediate oral information may serve a limited primary-system-failure backup with the sheet delivered as soon as possible. This is not a routine request-only or two-hour access rule.
OSHA marks its matching original corrected 4/17/2009.
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This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter.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.
December 30, 1997
The Honorable Charles S. Robb
United States Senate
Washington, DC 20510-4603
Dear Senator Robb:
Thank you for your correspondence of October 7 requesting clarification of the Hazard Communication Standard (HCS) [ILPI: Original HCS 1994 context · Current HCS] as it pertains to the electronic transmittal of Material Safety Data Sheets (MSDSs). Specifically, you requested that OSHA issue guidelines for an acceptable format for the electronic transmission, storage, and dissemination of MSDSs.
The HCS is a performance-oriented standard, and as such, OSHA has avoided mandating any one particular format for achieving compliance with the standard. We have, however, issued general guidance for manufacturers (including importers and distributors) and employers when utilizing electronic technologies for transmission of and access to MSDSs. This guidance follows:
Manufacturers (Importers, Distributors)
- The manufacturer must ensure that the downstream user has agreed to this type of information access.
- The manufacturer cannot require the downstream user to purchase new technology in order to obtain hazard information.
- The manufacturer must ensure that some positive and verifiable form of notification (such as a letter or e-mail) is provided with all of the information necessary to access the MSDS(s).
- The manufacturer must ensure that some positive and verifiable form of notification is provided to ensure that the downstream user is aware when MSDSs are updated due to significant changes in health hazard information or ways to protect against the chemical.
Employers
- The employer must ensure that MSDSs are readily accessible and that there are no barriers to employee access. This includes ensuring that reliable devices are readily accessible in the workplace at all times.
- The employer must ensure that workers are trained in the use of these devices, including specific software.
- The employer must ensure that there is an adequate back-up system for rapid access to hazard information in the event of an emergency including power-outages, equipment failure, on-line access delays, etc.
- The employer must ensure that the system of electronic access is part of the overall hazard communication program of the workplace.
- The employer must ensure that employees are able to obtain hard copies of the MSDSs, if needed or desired.
- In case of emergency, the employer must ensure that mechanisms must be immediately available to provide emergency response personnel with hard copies of MSDSs.
Additionally, it has been a long-standing policy of OSHA that the transmission of hazard information over the phone is not acceptable.
[ILPI note: At issuance: HCS 1994, pre-GHS archive. This categorical statement was later qualified by the October 13, 1998 backup clarification and February 18, 1999 explanation. The limited electronic-system-failure backup is distinct from ordinary immediate SDS access or a general telephone substitute.]
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You also requested that OSHA re-examine our position on the liability of service companies which assist manufacturers or employers in converting MSDS information into an electronic format. These service companies are considered third-parties to the standard and are not recognized entities under the HCS. Therefore, they would not generally be cited for violations of the standard. Despite the use of third-party service providers, manufacturers maintain responsibility for the adequacy and downstream flow of hazard information and employers maintain responsibility for the adequacy of their workplace programs.
OSHA is not in a position to address the contractual obligations that third-party providers have with their clients or the responsibilities and privileges under HazCom that those obligations may confer.
It is my hope that this information is helpful. Thank you for the time and interest that you have taken in this matter. If further information is needed, please do not hesitate to contact us.
Sincerely
Charles N. Jeffress
Assistant Secretary
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1997-12-30.