When talking with EH&S managers about moving to an electronic MSDS management system, there are three questions we frequently hear:
- Is it OSHA compliant?
- Can my employees handle it?
- Do I have to give up paper entirely?
The answers are yes, yes, and not if you don’t want to.
Question one is the easiest to answer. OSHA has allowed electronic access to MSDSs since 1989, provided there are adequate back-up systems in place for emergency situations such as power outages, equipment failures, and online access delays. [Read more]
Question two is more subjective, and EH&S managers know best what their employees can handle. Nevertheless, our experience suggests that employees can handle working with an online MSDS management system and that they find it easier than working with a paper system.
A good online MSDS management system allows employees, even those who are not computer savvy, to easily search for MSDSs by name, manufacturer, CAS number, and other customizable fields. Right-to-Know deployment tools ensure that everyone in your company has immediate access to your MSDS documents when needed.
In other words, using an online MSDS management system as an employee takes about as much technical skill as using an ATM or paying for groceries via a self-checkout lane at the grocery store.
Thousands of healthcare facilities, construction companies, municipalities, manufacturing businesses and educational organizations already use an online system to manage their MSDSs. Any concerns an individual business or agency might have about employee adoption have most likely already been addressed.
The answer to question three is entirely up to you. EH&S managers committed to paper deployment or those who want to make a slow transition to electronic deployment will discover that an online MSDS management system makes paper deployment simple.
MSDSs can be organized online into separate e-binders (electronic binders) by facilities or workstations, and then printed as needed. When changes or updates occur to the existing MSDSs, the e-binders are automatically updated and can then be printed and added to the ubiquitous three ring binders.
This last point is especially important considering the changes coming to MSDSs via the impending adoption of GHS (Globally Harmonized System of Classification and Labelling of Chemicals). We expect that within the next few years, every MSDS will need to be updated to meet GHS requirements.
Do you have to give up paper entirely? No. But we have found that after experiencing the benefits of electronic management, EH&S managers lose their ties to paper and older ways of doing things and begin looking for ways to automate other elements of their safety plan. What’s more, their employees don’t miss a beat.
– The MSDSonline Compliance Team
{ 2 comments… read them below or add one }
To me, the major stumbling block is the definition of “immediate access”. I have seen claims that “immediate” means during the shift the MSDS is requested (although that begs the question of what if the MSDS is requested a minute or two before the shift is over) although I have not found that definition in OSHA documents. Can anyone point me toward the specific document / clause?
Given a server that is on a battery back-up, individual computers that likely are not (although I suppose one or two computers could be specified as “emergency MSDS access” and supplied with a UPS), and the requirement for immediate access, even in the event of a power failure, where does that truly leave electronic access to MSDS information? Frankly, I have some confusion.
Thanks.
Dear David,
Thank you for your questions relating to “immediate access” and “emergency access” to MSDSs by employees in the workplace. Following is our reading of OSHA directives related to these two topics.
Please Note: to ensure OSHA compliance, specific questions about the real world application of OSHA standards should be directed to your local OSHA office. Our answers here are of a general nature and meant only to assist you in preparing for future conversations with OSHA.
Immediate Access
In our opinion, OSHA is clear on the meaning of immediate access (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10099 ), and we believe it’s best not to over think the definition. Immediate access means access right now, whether it’s one minute before the shift ends or one minute into a brand new shift. Immediate access of MSDSs goes hand in hand with the more ubiquitous term “readily accessible” (as in, employers must make MSDSs readily accessible to employees).
Both terms can be found together in the Hazard Communication Standard (HCS), 29 CFR 1910.1200(g)(8) which states,
“The employer shall maintain in the workplace copies of the required material safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access, microfiche, and other alternatives to maintaining paper copies of the material safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)”
You can read OSHA Letters of Interpretation related to 29 CFR 1910.1200(g)(8) for greater detail and understanding of “readily accessible” (http://osha.gov/pls/oshaweb/owaquery.query_docs?src_doc_type=INTERPRETATIONS&src_anchor_name=1910.1200%28g%29%288%29&src_ex_doc_type=STANDARDS&src_unique_file=1910_1200).
Of particular note is the Letter of Interpretation dated 2003 which says “Appendix A of OSHA’s hazard communication directive (OSHA Instruction CPL 2-2.38D, issued March 20, 1998) clarifies and interprets the HCS. In the Appendix, the Directive states that the term readily accessible means immediate access to MSDSs; the MSDSs must be available to employees without them having to ask.”
As you see from the information above, another important component of “immediate access” for employees is that are no barriers to that access. In your original question, your use of the word “requested” in relation to “immediate access” raises a red flag. A system for retrieving MSDSs that includes an employee having to “request” an MSDS from a supervisor would not, in our reading of the rules, be compliant. Employees must be able to access MSDSs on their own.
Emergency MSDS Back-up
Your second question related to access to MSDSs in the event of an extreme situation, such as a power failure, where electronic MSDS access is knocked out of commission. You are right to think about such scenarios in relation to electronic MSDS management, and in fact that type of foresight is one of the responsibilities OSHA outlines for businesses deploying MSDSs electronically.
Luckily, OSHA also makes allowances for back-up contingencies in its enforcement of the standard. Acceptable back-up solutions include paper binders kept in a central location, MSDS’s on CD’s, flash drives or hard drives that can be accessed, as you suggest, using a computer with an uninterrupted power supply (UPS).
A 1999 Letter of Interpretation dealing with emergency back-ups (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=23426) provides valuable insight into OSHA’s expectations around the issue.
The important thing is that 1). You have a back-up system (or multiple systems) in place and that it is part of your written HazCom plan. 2). Employees are trained on the system and know how to find MSDSs in the event of such an emergency. 3). MSDSs are made available as soon as possible in the event of such an emergency.
Again, the key is communication with OSHA. Instead of waiting until an event happens to find out if your back-up plan is in compliance, develop the plan and talk to your OSHA office to get feedback before implementing. Furthermore, a good electronic solution should allow you to easily create multiple back-up files so that you’re prepared for any contingency.
Thank you for your thoughtful questions and for giving us a chance to talk about two important components of safely deploying MSDSs to employees electronically.