Open Discussion When is a SDS Required to be Generated for Newly Synthesized Chemicals or Mixtures at a DOE National Laboratory Steve Rupkey Argonne National Laboratory

PURPOSE Clarification / Guidance / Participation Discuss the requirements to generate a SDS for research samples shipped off-site. Other DOE Laboratories Academic Institutions Other Locations

SDS Lab Standard Hazard Communication Requirement to Develop Hazard Identification 1910.1450(h)(2)(iii) If the chemical substance is produced for another user outside of the laboratory, the employer shall comply with the Hazard Communication Standard (29 CFR 1910.1200) including the requirements for preparation of safety data sheets and labeling. Scope and application. 1910.1200(b)(3) This section applies to laboratories only as follows:   1910.1200(b)(30(iv) Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (f) of this section, and that a safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section. Safety data sheets. 1910.1200(g)(ii) The chemical manufacturer or importer shall either provide safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment;

First Must Be Classified as a Chemical or Physical Hazard MATERIAL ASSESSMENT First Must Be Classified as a Chemical or Physical Hazard New Chemical – No Information No Requirement To Test To Determine Chemical or Physical Hazard Preamble – No Information on Hazards, Nothing To Transmit

OSHA LETTER OF INTERPRETATION

OSHA LETTER OF INTERPRETATION

NON-APPLICABLE EXEMPTIONS Causing Confusion Regarding SDS Generation TSCA 720.36 Exemption for R & D materials For Researcher Purposes Only Section 5(a) PMN & Significant New Use Requirements DOT Shipping Small Quantity Exemptions Relief from certain labeling and packaging requirements Must still evaluate to determine hazard section 5(a) & notice (PMN) and significant new use notice requirements.

SCENARIO Researcher Ships Hazardous Chemical To Themselves At Another Lab Or User Facility. Site does not open outer package Solely used by researcher Need a SDS? Should host site require a SDS from User? User Leaves Their Sample Behind Now in your control You now have to ship back