Would SPRC be exempt from the MSDS requirement under 29 CFR 1910.1200(b)(6)(vii)?
Response: SPRC is not exempt from the MSDS requirement and must provide MSDSs to those employees exposed to drugs containing hazardous chemicals, as defined by the HCS. In your letter you stated that SPRC employees are engaged in activities such as pouring and measuring liquid drugs and counting tablets and pills for packaging and processing. SPRC is therefore considered a “chemical manufacturer” under the HCS, which defines this term as “an employer with a workplace where chemical(s) are produced for use or distribution.” The term “produce” under the HCS means to “manufacture, process…or repackage” [29 CFR 1910.1200(c)]. Because SPRC is considered a chemical manufacturer under the HCS and the potential for exposure exists, employees are entitled to the information that is contained on the MSDSs. In addition, the exemption under paragraph (b)(6) of the standard states that the HCS does not apply to “Any drug…in solid final form for direct administration to thepatient…” The intent
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