Frequent Questions

Must an R&D facility submit a MSDS for an exempt chemical upon public request?

Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS?

No.  Under Section 311, a Research and Development facility would not be required to report a chemical if it is used "under the direct supervision of a technically qualified individual" (Section 311(e)(4)).  So, despite the fact that the facility is required to have a MSDS under OSHA's Hazard Communication Standard, the facility is not required to report it under Section 311 of EPCRA.  Therefore, the facility would not be required to submit a MSDS to the public upon request.

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