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WHEN DO YOU HAVE TO PREPARE A MATERIAL SAFETY DATA SHEET FOR YOUR PRODUCT?

By on July 15, 2003

The aim of the Occupational Health and Safety (Hazardous Substances) Regulations is to protect people from risks associated with the use and storage of chemicals and from construction materials such as silica bearing rock and cement etc.

To achieve this, the regulations impose duties on manufacturer (quarries), importers, suppliers and employers dealing with hazardous substances

What are the key duties of manufacturers (quarries), importers and suppliers?

The Occupational Health and Safety (Hazardous Substances) Regulations 1999 require manufacturers and importers (first suppliers) to:

  • Determine if quarry materials supplied are hazardous (eg silica bearing)  and prepare material safety data sheets (MSDS’s) and labels for each material classified as hazardous;
  • Review and revise MSDS’s as required and in any event every five years;
  • Provide a current MSDS to any person to whom the substance is supplied and to any employer on request;
  • Disclose commercially confidential information to a registered medical practitioner on request.

What are the key duties of employers?

Employers (occupiers) must :

  • Obtain copies of the MSDS’s for all hazardous substances supplied to the workplace and ensure that workers have access to each MSDS;
  • Ensure all containers of hazardous substances/dangerous goods supplied are labeled/ marked with the manufacturers or importer’s label;
  • Ensure decanted or transferred hazardous substances are labeled as required
  • Set up a hazardous substances register;
  • Assess risks to health for  the hazardous substances used,
  • Record the risk assessment result;
  • For hazardous substances, carry out atmospheric monitoring and health surveillance in certain circumstances;
  • Provide employees with information, instruction and training;
  • Consult with health and safety representatives in certain circumstances;
  • Undertake additional duties if scheduled carcinogens are stored or used.

Step by step guide for Producing AN MSDS

Step 1: Identify and Classify Materials

Allocate  responsibilities for:

  • Identification and classification of materials as hazardous or non hazardous;
  • For hazardous substances classification refer to the NOHSC List of Designated Hazardous Substances (List) to see if the substance or its ingredients are listed. Use of the list is a relatively quick and easy way to classify a substance; or the  Approved Criteria for Classifying Hazardous Substances (Criteria) if the substance or its ingredients are not on the List. Use of the Criteria requires the interpretation of toxicity (health effects) data. If this proves difficult, seek the assistance of a consultant;
  • For quarry products it will be necessary to identify the type of stone being produced and determining the silica (and other)  content of each material including blends;
  • If the material is likely to contain free silica , samples must be taken and one sample must be sent for analysis at an approved testing facility;

 Step 2: Prepare MSDS Sheets and Labels

Allocate  responsibilities for:

Preparation of MSDSs, labels, package markings and packaging (if applicable) –

  • Material safety data sheets and labels are the main information source regarding a substance. They must contain sufficient information to allow an end-user to know what the product contains, health hazard information, hazardous properties, First Aid treatment, precautions for use, safe handling information, and an Australian contact point.

Step 3: Provide copy of current MSDS

Allocate  responsibilities for:

  • Handling of inquiries and provision of information and advice on the product or materials,
  • Labels must be supplied with each order and can be attached to the sales docket. MSDS can be supplied at the at the time of sale or they can be forwarded  on request. In both cases basic safety and health information and details on how to access advice and the product MSDS must be included on the label.
  • Keep records of who has been provided with an MSDS, when, and the date the MSDS was issued. This will keep you informed of who has been given updated MSDSs after a revision and it may reduce the need to send an MSDS with every product delivery. Records may also be used as evidence of compliance with regulatory requirements if a dispute occurs with a supplier or employer.

Step 4: Review and Maintenance

Allocate  responsibilities for:

  • Review, revision and maintenance of MSDSs, labels, package markings and   distribution of MSDSs. MSDSs and labels must be reviewed and, where necessary, revised to ensure that they are up to date, accurate, and contain adequate and appropriate information in plain English.
  • MSDSs should be reviewed and revised when there is:
    • A change in the ingredients (type, proportions, product name etc.)
    • Change in the form of the substance
    • New knowledge about the health effects or properties of the substance or its ingredients
    • New knowledge about the safety measures to be used 
    • a change in company contact details
    • A complaint, errors detected, or issues raised by customers or regulatory bodies. In any event, MSDSs should be reviewed and revised at least every five years.

If you require assistance in preparing an MSDS or safety management system, regulator approved training or health safety and environment compliance advice, audiometric testing, or risk assessments, please contact  Glenn Jordan, SysTec on (03) 9484 0086 or email us at systec@systec-pl.com.au

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