The Globally Harmonized System (GHS) of Classification and Labelling of Chemicals was established by the United Nations to create a consistent international standard for hazard communication. One of its central components is the Safety Data Sheet (SDS), formerly known in many countries as the Material Safety Data Sheet (MSDS). A GHS compliant MSDS ensures that vital information about chemical hazards is communicated consistently and legally in line with global regulatory requirements. This article provides a deep dive into GHS-compliant MSDSs, highlighting legal foundations, structural requirements, employer responsibilities, and common compliance issues.
What is a GHS Compliant MSDS?
A GHS compliant MSDS is a document that provides detailed information about a hazardous chemical, including its properties, health hazards, protective measures, and safety precautions. Under the GHS framework, the term “MSDS” has been largely replaced by “SDS” to reflect standardized formatting and content.
The GHS prescribes a 16-section format for SDSs that must be followed to ensure consistency and completeness. This format is recognized by regulatory authorities around the world, including OSHA in the United States under the Hazard Communication Standard (HCS 2012), the Health and Safety Executive (HSE) in the UK, and other regulatory bodies in the EU under the CLP Regulation.
Legal Foundations of GHS-Compliant MSDS
GHS is not a law by itself—it is a framework that countries adopt into their regulatory systems. Several jurisdictions have enacted specific laws and regulations that make GHS compliance mandatory:
1. United States – OSHA’s Hazard Communication Standard (HCS 2012)
- Legal basis: 29 CFR 1910.1200
- Requires chemical manufacturers, importers, and employers to provide SDSs for all hazardous chemicals.
- Mandates the 16-section format outlined in GHS.
2. European Union – CLP Regulation (EC) No. 1272/2008
- Legal basis: Regulation (EC) No. 1907/2006 (REACH) and CLP Regulation
- Requires SDSs by Annex II of REACH.
- Enforces GHS-aligned classification, labelling, and packaging.
3. United Kingdom – REACH UK and COSHH
- Legal basis: Control of Substances Hazardous to Health (COSHH) Regulations 2002, as amended.
- GHS implementation under UK REACH post-Brexit.
- SDSs must be provided for all substances and mixtures classified as hazardous.
The 16 Sections of a GHS-Compliant MSDS
To be GHS compliant, an SDS must follow the prescribed 16-section format:
- Identification of the substance/mixture and the company/undertaking
- Hazards identification
- Composition/information on ingredients
- First-aid measures
- Fire-fighting measures
- Accidental release measures
- Handling and storage
- Exposure controls/personal protection
- Physical and chemical properties
- Stability and reactivity
- Toxicological information
- Ecological information
- Disposal considerations
- Transport information
- Regulatory information
- Other information, including the date of preparation or last revision
Read Also: The Sixteen (16) Sections of the SDS (Safety Data Sheet)
Each section must be completed with accurate and relevant information. Notably, Sections 12–15 are not enforced by OSHA but are still required for GHS compliance.
Responsibilities of Employers and Manufacturers
1. Chemical Manufacturers and Importers
- Must develop or obtain GHS-compliant SDSs for every hazardous chemical they produce or import.
- Must ensure accuracy and update SDSs when new information becomes available.
2. Employers
- Must ensure that SDSs are available and accessible to employees.
- Must train employees on how to read and understand SDSs.
- Must incorporate SDS data into risk assessments and safety protocols.
3. Distributors
- Must ensure that SDSs are provided with initial shipments and upon request.
- Must not alter SDSs unless updating to maintain accuracy.
Updating and Reviewing SDSs
Under GHS and related regulations, SDSs must be reviewed and updated when:
- New information on hazards or control measures becomes available.
- There is a change in the composition that affects hazard classification.
- At least every 3–5 years, depending on jurisdiction (e.g., EU REACH requires updates without undue delay).
Read Also: Who is Responsible for Providing SDS (Safety Data Sheet) in the Workplace
Employers must ensure they maintain the most current SDSs on file and review them as part of their safety management systems.
Common Pitfalls in GHS MSDS Compliance
Failure to comply with GHS SDS requirements can result in significant legal and safety consequences. Common issues include:
- Incomplete sections: Leaving sections blank or providing vague information.
- Incorrect classification: Using outdated or incorrect hazard classes.
- Lack of specificity: Using general language instead of precise chemical data.
- Non-standard format: Failing to follow the 16-section layout.
- Failure to update: Not reviewing SDSs after new data or changes in chemical composition.
Enforcement and Penalties
United States (OSHA):
- Civil penalties can reach over $15,000 per violation (as of 2024).
- Willful or repeated violations can incur penalties of up to $156,000.
United Kingdom (HSE):
- Enforcement through Improvement and Prohibition Notices.
- Prosecution can result in unlimited fines or imprisonment under the Health and Safety at Work etc. Act 1974.
European Union:
- Member States impose national penalties.
- Non-compliance can affect the ability to sell or distribute chemicals within the EU market.
Role of SDS in Hazard Communication
A GHS-compliant SDS is not just a document—it is a critical tool in hazard communication. It:
- Informs workers about chemical risks and necessary precautions.
- Supports emergency response in cases of exposure, spills, or fires.
- Serves as a foundation for workplace risk assessments.
- Helps employers comply with broader occupational health and safety laws.
Integrating SDS into Workplace Safety Systems
Employers must ensure SDSs are actively integrated into safety programs, including:
- Training: Regular training on how to interpret SDSs.
- Labelling: Ensuring secondary containers reflect SDS hazard information.
- Access: Keeping SDSs readily available in physical or digital form.
- Auditing: Periodic reviews of SDS accuracy and employee knowledge.
Digital SDS Management Systems
To enhance compliance and efficiency, many organizations use electronic SDS management systems that:
- Centralized SDS storage.
- Alert when updates are required.
- Allow quick search and retrieval.
- Link SDSs to chemical inventories.
Read Also: 10 Best SDS Authoring Software
These systems support real-time compliance tracking and reduce administrative burden.
Conclusion
A GHS-compliant MSDS (or SDS) is an essential component of chemical hazard management in any workplace. From manufacturers to end users, all parties in the supply chain have legal and ethical obligations to ensure that SDSs are accurate, up-to-date, and easily accessible. Non-compliance not only jeopardizes worker safety but also carries significant legal and financial risks. By adhering strictly to the GHS standards and integrating SDSs into everyday safety practices, employers and safety professionals can create a safer, more compliant working environment.
For health and safety consultants, understanding the intricate requirements of GHS-compliant SDSs is not optional—it is fundamental. Ensuring your clients are compliant can protect lives and shield organizations from regulatory consequences.
Legal References:
- OSHA Hazard Communication Standard: 29 CFR 1910.1200
- REACH Regulation (EC) No. 1907/2006
- CLP Regulation (EC) No. 1272/2008
- UK COSHH Regulations 2002
- Health and Safety at Work etc. Act 1974