Who is responsible for determining if a material is hazardous under OSHA HAZ Com?

The responsibility for determining if a material is hazardous under OSHA's Hazard Communication (HAZCOM) standard primarily falls on the manufacturer or importer of the chemical. This entity must conduct an evaluation of the chemical's properties and effects to identify any hazards it may present. This evaluation leads to the creation of Safety Data Sheets (SDS) that inform users about potential risks and safe handling practices.

The manufacturer or importer is in the best position to provide accurate information about the chemical since they develop and produce it, allowing them to assess its physical and health hazards comprehensively. This initial classification is crucial for ensuring that downstream users, including employers and employees, are informed of the risks involved.

Although employers do have duties under HAZCOM, such as implementing a hazard communication program and ensuring their employees have access to the SDS, the obligation to classify the hazard rests with those who produce or bring the chemical into the market. By understanding this division of responsibility, it becomes clearer how safety information flows from manufacturers to employers and ultimately to the employees using those materials.