If the MSDS is missing from a shipment, under which condition may the employer avoid a citation?

If the MSDS is missing from a shipment, under which condition may the employer avoid a citation?

• A. When a good faith effort has been made to obtain the information, including calling OSHA
• B. The shipment was not hazardous
• C. The supplier confirms nonhazardous status by email
• D. There is no hazard information available

Answer: (B)

Hazard information is required for chemicals that are hazardous; an MSDS (SDS) ensures workers know the hazards and how to protect themselves. The only time not having an MSDS would not trigger a citation is when the shipment contains no hazardous substance at all. In that case, there’s nothing hazardous to communicate, so the absence of an MSDS isn’t a violation. If the chemical is hazardous, the MSDS must be provided regardless of any good-faith efforts or supplier emails. So, the condition that allows avoiding a citation is that the shipment was not hazardous.

Hazard information is required for chemicals that are hazardous; an MSDS (SDS) ensures workers know the hazards and how to protect themselves. The only time not having an MSDS would not trigger a citation is when the shipment contains no hazardous substance at all. In that case, there’s nothing hazardous to communicate, so the absence of an MSDS isn’t a violation. If the chemical is hazardous, the MSDS must be provided regardless of any good-faith efforts or supplier emails.

So, the condition that allows avoiding a citation is that the shipment was not hazardous.