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.