[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4037 Referred in Senate (RFS)]

  2d Session
                                H. R. 4037


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 31, 1998

 Received; read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
    To require the Occupational Safety and Health Administration to 
   recognize that electronic forms of providing Material Safety Data 
Sheets provide the same level of access to information as paper copies 
and to improve the presentation of safety and emergency information on 
                           such Data Sheets.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELECTRONIC ACCESS.

    In the administration and enforcement of the regulation on Hazard 
Communication, published at 29 C.F.R. Sec. 1910.1200, the Secretary 
shall provide that an employer complies with the requirement of 
maintaining and making readily accessible to employees material safety 
data sheets (MSDS) for each hazardous chemical if such employer makes 
the MSDS available through electronic access, so long as--
            (1) the electronic system for retrieving MSDS's is 
        reasonably and readily available to employees in their work 
        areas throughout their work shifts and to representatives of 
        the employees upon reasonable request;
            (2) the electronic system is capable of providing a paper 
        copy of a retrieved MSDS without unreasonable delay;
            (3) employees are adequately trained in the use of the 
        electronic system for retrieving MSDS's; and
            (4) the electronic system provides a means of retrieving 
        information contained in MSDS's in case of a temporary power or 
        equipment failure or other emergency.

SEC. 2. DISPLAY OF SAFETY INFORMATION.

            (a) General Rule.--Under the regulation on Hazard 
        Communication, published at 29 C.F.R. Sec. 1910.1200, each 
        chemical manufacturer, importer, or distributor shall 
        prominently display worker safety information described in 
        subsection (b) by either--
            (1) attaching to the first page of each material safety 
        data sheet a container label (or facsimile thereof) which 
        includes, at a minimum, the information described in subsection 
        (b); or
            (2) attaching to the first page of each material safety 
        data sheet the information described in subsection (b).
    (b) Information.--The information required by subsection (a) shall 
include--
            (1) the manufacturer's, importer's, or distributor's name, 
        address, and emergency telephone number (including the hours of 
        operation);
            (2) the identity of the chemical, using the trade name or 
        chemical name and potentially hazardous ingredients of the 
        chemical;
            (3) appropriate hazard warnings, with immediate hazards 
        listed first;
            (4) instructions for safe handling and precautionary 
        measures to avoid injury from hazards; and
            (5) first aid instructions in case of contact or exposure 
        which require immediate treatment before medical treatment is 
        available.
Information required under paragraph (5) should be targeted to the 
technical level of the audience and information required by this 
subsection shall be presented with the least technical language 
appropriate.
    (c) Effective Date.--The requirements of subsection (a) shall apply 
to material safety data sheets for new or reformulated chemicals 
beginning 18 months after the date of the enactment of this Act and 
shall apply to all other material safety data sheets beginning 36 
months after such date.

SEC. 3. STUDY.

    Not later that 90 days after the date of the enactment of this Act, 
the Secretary of Labor shall initiate a study that assesses and 
measures the comprehensibility of hazard warnings to industrial 
workers. Upon completion of the study, the Secretary shall prepare a 
report and make it available to chemical manufacturers and importers 
which prepare material safety data sheets.

SEC. 4. REPORT ON AGREEMENT.

    The Secretary of Labor shall report to the House Committee on 
Education and the Workforce and the Senate Labor Committee upon United 
States entry into any international agreement regarding the format or 
contents of material safety data sheets or labeling of hazardous 
chemicals with recommendations for changes to the requirements of this 
Act.

            Passed the House of Representatives August 4, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.