IIA
105TH CONGRESS
2D SESSION
H. R. 4037
IN THE SENATE OF THE UNITED STATES
AUGUST 31, 1998
Received; read twice and referred to the Committee on Labor and Human
Resources
AN ACT
To require the Occupational Safety and Health Administra-
tion to recognize that electronic forms of providing Mate-
rial Safety Data Sheets provide the same level of access
to information as paper copies and to improve the pres-
entation of safety and emergency information on such
Data Sheets.
HR 4037 RFS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ELECTRONIC ACCESS.
In the administration and enforcement of the regula-
tion on Hazard Communication, published at 29 C.F.R.
Sec. 1910.1200, the Secretary shall provide that an em-
ployer complies with the requirement of maintaining and
making readily accessible to employees material safety
data sheets (MSDS) for each hazardous chemical if such
employer makes the MSDS available through electronic
access, so long as—
(1) the electronic system for retrieving MSDS’s
is reasonably and readily available to employees in
their work areas throughout their work shifts and to
representatives of the employees upon reasonable re-
quest;
(2) the electronic system is capable of providing
a paper copy of a retrieved MSDS without unreason-
able delay;
(3) employees are adequately trained in the use
of the electronic system for retrieving MSDS’s; and
(4) the electronic system provides a means of
retrieving information contained in MSDS’s in case
of a temporary power or equipment failure or other
emergency.
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SEC. 2. DISPLAY OF SAFETY INFORMATION.
(a) GENERAL RULE.—Under the regulation on
Hazard Communication, published at 29 C.F.R. Sec.
1910.1200, each chemical manufacturer, importer,
or distributor shall prominently display worker safe-
ty information described in subsection (b) by ei-
ther—
(1) attaching to the first page of each material
safety data sheet a container label (or facsimile
thereof) which includes, at a minimum, the informa-
tion described in subsection (b); or
(2) attaching to the first page of each material
safety data sheet the information described in sub-
section (b).
(b) INFORMATION.—The information required by
subsection (a) shall include—
(1) the manufacturer’s, importer’s, or distribu-
tor’s name, address, and emergency telephone num-
ber (including the hours of operation);
(2) the identity of the chemical, using the trade
name or chemical name and potentially hazardous
ingredients of the chemical;
(3) appropriate hazard warnings, with imme-
diate hazards listed first;
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(4) instructions for safe handling and pre-
cautionary measures to avoid injury from hazards;
and
(5) first aid instructions in case of contact or
exposure which require immediate treatment before
medical treatment is available.
Information required under paragraph (5) should be tar-
geted to the technical level of the audience and informa-
tion required by this subsection shall be presented with
the least technical language appropriate.
(c) EFFECTIVE DATE.—The requirements of sub-
section (a) shall apply to material safety data sheets for
new or reformulated chemicals beginning 18 months after
the date of the enactment of this Act and shall apply to
all other material safety data sheets beginning 36 months
after such date.
SEC. 3. STUDY.
Not later that 90 days after the date of the enact-
ment of this Act, the Secretary of Labor shall initiate a
study that assesses and measures the comprehensibility of
hazard warnings to industrial workers. Upon completion
of the study, the Secretary shall prepare a report and
make it available to chemical manufacturers and import-
ers which prepare material safety data sheets.