• The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical.
• A label or SDS does not need to be created for a non-RCRA waste product.

Multi-employer worksite

The employer bringing a hazardous chemical onto a multi-employer worksite must inform the other employers of the presence of the hazardous chemical and the availability of the safety data sheet (SDS). If an intermediary employer, such as a general contractor, holds and provides access to the SDSs, the intermediate employer is responsible for ensuring the availability of the SDS(s).

If SDSs are not available because a subcontractor or immediate employer failed to make them readily accessible, that employer will be cited.

Non-RCRA wastes

Waste that does not meet the definition of “hazardous waste” under the Resource Conservation and Recovery Act (RCRA) regulations is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6).

The waste generator does not have to create a label or a safety data sheet (SDS) for a non-RCRA waste product, however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.

For mixtures of non-RCRA wastes, it is acceptable to provide multiple SDSs downstream. This would also apply to disposal of mixtures of non-RCRA waste product from laboratories, manufacturers, importers, and distributors.