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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: January 4, 2002

SUBJECT: Federal Acquisition Regulation (FAR); Hazardous Material Safety Data

SOURCE: Federal Register, January 4, 2002, Vol. 67, No. 3, page 631

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that FAR Subpart 23.3, Hazardous Material Identification and Material Safety Data, and FAR 52.223-3, Hazardous Material Identification and Material Safety Data, be amended to revise the language that provides policies and procedures for contractor submission of Material Safety Data Sheets (MSDSs).

DATES: Comments on the proposed rule must be submitted no later than March 5, 2002.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405; e-mail to: farcase.1998-020@gsa.gov.

FOR FURTHER INFORMATION CONTACT: Laura Smith, 202-208-7279.

SUPPLEMENTAL INFORMATION: The Occupational Safety and Health Act of 1970 (OSHA) and the Federal Hazard Communication Standard (29 CFR 1910.1200) require the manufacturer or importer of chemicals to label their products and to develop and distribute detailed MSDSs that evaluate and discuss the impact of hazardous materials used in the nation's workplaces. The manufacturer or importer is required to provide a copy of the MSDS with initial shipments of the product and whenever revisions to the product require revising the MSDS. OSHA excludes public sector employees from the protection provided by the Federal Hazard Communication Standard. Federal Standard 313, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities (FED-STD-313) was originally developed to extend to federal employees the protection provided by OSHA laws and regulations to private sector employees.

FAR Subpart 23.3 and FAR 52.223-3 implement FED-STD-313 requirements in federal contracts that require the delivery of hazardous materials by making sure the government has notice of hazardous materials and receives MSDSs necessary for employee safety and health programs and the information necessary for the safe handling, storage, use, transportation and environmentally acceptable disposal of hazardous materials.

This proposed rule was initiated to address several concerns of industry:

In addition, industry has complained that FED-STD-313 requires contractors to provide information over and above that required by the Federal Hazard Communication Standard. The FAR Council is analyzing the differences between the OSHA standard and FED-STD-313, and this analysis will be complete prior to publication of a final rule. The FAR Council requests comments on whether further changes to FED-STD-313 are needed to make it compatible with the Federal Hazard Communication Standard.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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