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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: