Scenario: In the process of checking your facility’s chemical inventory, you discover that two chemicals have outdated Obsolete MSDS (Material Safety Data Sheets) – they are in the old 8-section Material Safety Data Sheet format and not the new 16-section format. You contact your chemical supplier and promptly get a current 16-section Safety Data Sheet for both chemicals.
Question: Are you required to keep the obsolete MSDS once you get the new Safety Data Sheets?
Answer: It depends on the formulation (list of ingredients). If the formulation is identical on the revised SDS, then you are not required to retain the old MSDS. If the formulation has changed, then you are required to maintain the obsolete MSDS or maintain the chemical information as outlined in 29 CFR 1020(d). This was identified in a 1987 OSHA Letter of Interpretation.
Likewise, if you purchased an updated chemical that is identified as “new and improved” or “better absorbing”, etc., then you need to check the ingredients list. If the ingredient list has changed, then you need to maintain the old SDS (or MSDS) or chemical information as outlined above.