Here are two parallel quizzes about the rules governing computerized access to the MSDS—one for the U.S. audience and the other for Canadians. Good luck, North America.

U.S. VERSION

SITUATION

A liquid chemical transport company keeps an MSDS for each chemical it transports in a large binder at its tank-wash facility. Workers who clean the tanks have a habit of ripping the MSDS out of the binder so they can review them before they wash the tanks down. This means that MSDS’ are constantly missing from the binder. To fix the problem, the employer throws out the binder and switches to an electronic system that allows workers to access each MSDS using a CD-ROM. Since many of the workers aren’t comfortable using a computer, the employer gives everyone a four-hour course on accessing and printing MSDS’.

QUESTION

Does the employer’s electronic MSDS system violate the OSHA hazard communication standard?

A. Yes, because the electronic system impedes worker access to MSDS’ since workers aren’t comfortable using computers.

B. No, because employers are allowed to have electronic copies of MSDS’ instead of paper copies, as long as they train workers how to access them.

C. Yes, because even though electronic MSDS systems are permissible, employers still need to maintain a hard copy of each MSDS as a backup.

D. No, as long as the employer has an adequate back-up system that allows workers to access electronic MSDS’ during emergencies.

ANSWER

D. No. The employer would not be in violation of HAZCOM as long as it ensures that workers have access to the electronic MSDS’ at all times, even during emergencies such as equipment failures and power-outages.

EXPLANATION

HAZCOM requires employers to keep MSDS’ for each hazardous chemical that workers are exposed to. But simply maintaining an MSDS binder isn’t enough—the employer must also “ensure that MSDS’ are readily accessible during each work shift.” If MSDS’ are missing from your binder, they’re not “readily accessible.” So you’ll have to come up with a better solution. HAZCOM allows electronic access as an alternative to paper, provided that the electronic system doesn’t create any “barriers to immediate employee access in each workplace.”

WHY WRONG ANSWERS ARE WRONG

A is wrong because the employer in this hypothetical trained workers on how to use the electronic MSDS system to make them more comfortable with it. Assuming that four hours of training is enough, the workers should be able to access MSDS’ with no problem.

B is wrong because training is only half of the answer. In an interpretation letter, OSHA emphasized that for an electronic MSDS system to comply with HAZCOM, the employer must also:

• Make sure the computers for accessing electronic MSDS’ are reliable and readily accessible;
• Provide an adequate back-up system so workers can still access MSDS’ during emergencies; and
• Ensure that workers can get hard copies of MSDS’ if they want them.

C is wrong because while employers must make hard copies of MSDS’ available to workers, they don’t have to keep a binder of them at the worksite. Another method of making hard copies available would be to let workers print the MSDS from the electronic access system.

Citations:

Hazard Communication Standard: 29 C.F.R. 1910.1200(g)(8).

OSHA Interpretation Letter: Manufacturer and employer responsibilities when providing MSDSs electronically, Dec. 30, 1997.

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