[Congressional Record Volume 144, Number 34 (Tuesday, March 24, 1998)]
[Senate]
[Pages S2490-S2491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Ms. Collins):
  S. 1855. A bill to require the Occupational Safety and Health 
Administration to recognize that electronic forms of providing MSDSs 
provide the same level of access to information as paper copies; to the 
Committee on Labor and Human Resources.


 the workplace information readability and electronic dissemination act

  Mr. WYDEN. Mr. President, today, I am introducing legislation that 
would improve and modernize the current system for accessing 
information about hazardous chemicals in the workplace. This 
legislation will make it easier for workers to protect themselves 
against chemical exposure risks in their workplaces by giving them 
online access to essential safety information. It will also make this 
information more quickly accessible in the event of an emergency.
  Under current regulations, employers are required to have available 
in the workplace Material Safety Data Sheets (MSDS) describing every 
chemical ever used at the site. The MSDS contains information about the 
chemical and what to do in the event a worker is exposed by ingesting 
it, having it splash on the skin or in the eyes.
  Employers typically keep MSDS sheets in hug binders making them 
difficult to access quickly during actual exposure incidents. As a 
result, emergency personnel may have to flip through page after page of 
information to find out how to respond to the specific chemical 
exposure. This complies with the law, but it's not the best way to get 
critical information in an emergency.
  The better approach is to have the information accessible online. 
This can greatly reduce the time it takes to get essential information 
on the proper first aid procedures in the event of exposure. In some 
cases, this faster response can literally mean the difference between 
life and death.
  The bill I am introducing today allows--but does not require--
electronic access to MSDS information, so there is no mandate that 
employers have to switch to an electronic system. This legislation 
simply updates the current workplace safety system to recognize the 
widespread use of computers in the workplace. It merely provides an 
additional option that can yield better protection for workers with 
less hassle for employers.
  My legislation requires chemical hazard information to be written in 
plain English, so that workers and emergency personnel can better 
understand the risks and what to do in an emergency. The MSDS sheets 
now in use are typically written by lawyers to protect the chemical 
manufacturers from liability. Because they are often written in 
legalese, it is difficult for workers to understand MSDS, especially in 
emergencies.
  For example, instead of simply stating, ``Keep this material away 
from your eyes,'' the instructions on one MSDS say ``Avoid ocular 
contact.'' Workplace safety information should be understandable to all 
employees without having to look up every other word in the dictionary.
  My legislation addresses this problem by requiring information on new 
hazardous chemicals brought into the workplace to be written in easily 
understandable English.
  This legislation has the support of Oregon OSHA officials, industry 
and union safety officials. A companion bill introduced in the House 
this week has bipartisan support. I urge my colleagues to support this 
common sense workplace safety initiative.
  Ms. COLLINS. Mr. President, I am pleased to join my colleague from 
Oregon, Senator Wyden, in introducing the Workplace Information, 
Readability and Electronic Dissemination (or WIRED) Act, which will 
significantly improve the ability of both workers and employers to use 
and understand the Material Safety Data Sheets that accompany 
potentially hazardous chemicals used in the workplace.
  The Occupational Safety and Health Administration rightly requires 
employers to provide information to their employees about hazardous 
chemicals used in the workplace on Material Safety Data Sheets, or 
MSDSs. These MSDSs, which are provided by the manufacturer, must be 
``readily accessible'' to employees during each work shift and must 
include information about the manufacturer, the physical properties of 
the chemical, health precautions that should be taken, and instructions 
on how to handle spills and other emergencies.
  OSHA issued the rule requiring MSDSs in the workplace in the early 
1980s, well before computers and fax machines became routine fixtures 
in virtually every workplace. As a consequence, employers are required 
to keep huge, loose-leaf notebooks or file cabinets filled with 
handwritten or printed MSDSs in the workplace at all times. More often 
than not, the MSDSs are tattered, stained and out-of-date since, in an 
average inventory, as many as 7 percent will become obsolete within a 
month. Finding the right MSDS quickly in an emergency under these 
circumstances can be a real challenge, particularly since they can 
easily be misfiled.
  In this age of electronic communication, there simply are better ways 
for employers and employees to maintain and access this important 
safety information. Currently, there are a number of different products 
on the market such as CD-ROMs and fax-on-demand response systems that 
provide all the MSDS information an employer or employee might need 
within minutes of the request. Businesses contend that these services 
are more efficient, since they allow an independent service to maintain 
the information and the employees to access the information 
instantaneously and at will. Not only are computer systems faster, but 
they also enable employees to cross-reference different chemicals. 
These electronic systems are certainly better that the current paper 
system required by OSHA, which requires fumbling through a notebook or 
file cabinet, hoping that the MSDSs are current and filed correctly.
  Unfortunately, OSHA will not allow employers to replace their paper 
MSDS systems with electronic access. As a consequence, many employers 
have been reluctant to take advantage of these superior new systems. 
The legislation we are introducing today will enable employers to bring 
their MSDS system into the 21st century by clarifying that employers 
have the option of replacing their paper system with electronic access, 
as long as the new system is readily available to all employees.
  Another problem with the current system is that the information 
presented on a MSDS is extremely technical and complicated, making it 
difficult for many employees to understand, particularly when an 
accident has occurred and time is of the essence. Not only is the 
information on the MSDS itself technical, but it is also presented in 
language that is too advanced for the vast majority of manufacturing 
workers to understand. According to a review of the National Center for 
Education Statistics 1992 Adult Literacy Survey, the information on a 
typical MSDS requires a Level 5 reading proficiency, while the same 
survey shows that manufacturing workers typically read at a Level 2.
  This situation is complicated by the fact that there is no standard 
format for MSDSs and different manufacturers have different formats for 
presenting the same information. This makes it difficult for employees 
who must look at more than one MSDS to find the information they need 
quickly, and quick

[[Page S2491]]

information is particularly important in an emergency. The legislation 
we are introducing today will therefore require OSHA not only to 
standardize the format for MSDSs, but also to ensure that they are 
written at a literacy level that is appropriate for the typical 
industrial worker.
  Mr. President, the legislation we are introducing today will not only 
make it easier for employers to comply with important OSHA safety 
standards, but it will also ensure that their employees have better 
access to accurate and up-to-date safety information that they can both 
read and understand. Enactment of the WIRED Act will result in safer, 
more efficient workplaces, and I encourage all of my colleagues to join 
us as cosponsors.

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