May manufacturers supply SDSs via fax-on-demand as an alternative to paper or other SDS formats?

In order to meet the Hazard Communication Standard using a fax-on-demand system, the manufacturer, distributor, or importer of the hazardous chemical (supplier) must take some positive action to ensure that the downstream users are willing and able to receive the information electronically. This could consist of querying the customer and recording the response. If the customer does not wish to receive the information via a toll-free number, a hard copy of the SDS would have to be provided. Also, the supplier must take positive action to ensure that the customer knows how to obtain the hazard information. OSHA would not consider an advertisement in catalogs or other general mail communications adequate for this purpose. However, a specific letter to the customer with detailed information would suffice.

Other criteria the supplier must fulfill are:

• In the event of a system failure, a back-up system must be available. For instance, if the power fails and the facsimile machine is inoperable, the downstream user must have another means of receiving the required information immediately. (In this case, telephone transmittal of hazard information would be allowed as long as the SDS is delivered to the site as soon as possible.)
• In the event of a significant change to the health hazard information on the SDS, the supplier is responsible for ensuring that the downstream users are aware that the updated SDS is available. Some positive means of contact, such as a letter stating that the SDS has been changed and the updated SDS is available would be required
• The employer must be made aware that the onus is upon them to ensure that their employees are adequately trained in the system of electronic access and know how to obtain the SDSs.