DATE: November 10, 2004
SUBJECT: Federal Acquisition Regulation (FAR); Hazardous Material Safety Data Meeting
SOURCE: Federal Register, November 10, 2004, Vol. 69, No. 217, page 65329
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
ACTION: Notice of Public Meeting
SYNOPSIS: A public meeting will be held November 23, 2004, to facilitate a dialogue between the government and interested parties on proposed amendments to FAR Subpart 23.3, Hazardous Material Identification and Material Safety Data, and FAR 52.223-3, Hazardous Material Identification and Material Safety Data, regarding hazardous material safety data.
EDITOR'S NOTE: For more on the first proposed rule on hazardous material safety data, see the January 4, 2002, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Hazardous Material Safety Data."
For more on the second proposed rule on hazardous material safety data, see the March 3, 2004, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Hazardous Material Safety Data."
DATES: The meeting will be held November 23, 2004, from 9:00 a.m. to 4:00 p.m., EST. Interested parties are encouraged to provide, no later than November 15, 2004, written comments on issues they would like addressed at the public meeting. Interested parties may also offer additional questions for discussion at the public meeting.
ADDRESSES: The meeting will be held at the General Services Administration, 1800 F Street, NW, Washington, DC 20405, Room 5141A. Participants are encouraged to check the Web site prior to the public meeting to ensure the location has not changed as a result of a large number of registrants.
Interested parties may register, view the draft final rule, submit electronic comments, and obtain directions at http://www.acq.osd.mil/dpap/dars/coming.htm.
FOR FURTHER INFORMATION CONTACT: Craig Goral, Procurement Analyst, 202-501-3856.
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 material safety data sheets (MSDS) 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.
On January 4, 2002, a proposed rule was published to revise FAR Subpart 23.3 and FAR 52.223-3. Seven comments were received, and because the resulting revisions were significant, a second proposed rule was published March 3, 2004. Comments on the second proposed rule may be viewed at http://www.acqnet.gov/far/.
Based on the comments, a draft final rule has been prepared and will be discussed at the meeting.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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