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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 3, 2004

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

SOURCE: Federal Register, March 3, 2004, Vol. 69, No. 42, page 10117

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 policies and procedures for contractor submission of Material Safety Data Sheets (MSDSs).

DATES: Comments are due on or before May 3, 2004.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, or by e-mail to farcase.1998-020@gsa.gov. Cite "FAR Case 1998-020" in all correspondence related to this proposed rule.

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.

On January 4, 2002, a proposed rule was published to revise FAR Subpart 23.3 and FAR 52.223-3 to address several concerns of industry, including:

Seven comments were received, and because the resulting revisions are significant, the FAR Council is publishing a second proposed rule.

The following are the most significant differences between the first and second proposed rules:

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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