1. Open Discussion When is a SDS Required to be Generated for Newly Synthesized Chemicals or Mixtures at a DOE National Laboratory Steve Rupkey Argonne National Laboratory

2. PURPOSE Clarification / Guidance / Participation
Discuss the requirements to generate a SDS for research samples shipped off-site.
Other DOE Laboratories
Academic Institutions
Other Locations

3. SDS Lab Standard Hazard Communication
Requirement to Develop
Hazard Identification
(h)(2)(iii)
If the chemical substance is produced for another user outside of the laboratory, the employer shall comply with the Hazard Communication Standard (29 CFR ) including the requirements for preparation of safety data sheets and labeling.
Scope and application.
(b)(3)
This section applies to laboratories only as follows:
(b)(30(iv)
Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are labeled in accordance with paragraph (f) of this section, and that a safety data sheet is provided to distributors and other employers in accordance with paragraphs (g)(6) and (g)(7) of this section.
Safety data sheets.
(g)(ii)
The chemical manufacturer or importer shall either provide safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment;

4. First Must Be Classified as a Chemical or Physical Hazard
MATERIAL ASSESSMENT
First Must Be Classified as a Chemical or Physical Hazard
New Chemical – No Information
No Requirement To Test To Determine Chemical or Physical Hazard
Preamble – No Information on Hazards, Nothing To Transmit

5. OSHA LETTER OF INTERPRETATION

6. OSHA LETTER OF INTERPRETATION

7. NON-APPLICABLE EXEMPTIONS
Causing Confusion Regarding SDS Generation
TSCA
Exemption for R & D materials
For Researcher Purposes Only
Section 5(a) PMN & Significant New Use Requirements
DOT Shipping
Small Quantity Exemptions
Relief from certain labeling and packaging requirements
Must still evaluate to determine hazard
section 5(a) & notice (PMN) and significant new use notice requirements.

8. SCENARIO
Researcher Ships Hazardous Chemical To Themselves At Another Lab Or User Facility.
Site does not open outer package
Solely used by researcher
Need a SDS?
Should host site require a SDS from User?
User Leaves Their Sample Behind
Now in your control
You now have to ship back