Providing MSDS on base materials.

What is most ethical of prudent conduct for providing?

[D_Blackwell]

The owner of a site that I work on despises producing MSDS, even with specific customer requests. The requests are honored, but not happily. Some of the products in the line are pretty benign, but a few are pretty nasty stuff with regard to vapor exposure, and skin or eye contact. There are also 'food safe' questions with the final product, so MSDS requests are not at all unusual. The retail product is primarily a repackaging and branding of the base materials.

The owner is mostly interested in hiding the manufacturer's information, i.e., one could 'go in business for themselves' with this information. While there is some merit to this argument, it only stands up if someone were to attempt to enter a small niche market in a big way. Minimum purchases on most of the materials required are a heavy hit even to him - the manufacturer of the end retail material and brand. It would cost a fortune to enter a very small market with a new brand (This product is almost exactly that itself!, so I personally don't give the worry much credence. (But I don't own the company.)

As the tech person (though I am much more than that), I was asked to edit out anything in these documents that could identify the manufacturer information, and repost new PDFs which would still only be provided on demand. My position was that if I was ordered to do so, in writing, that I would promptly accommodate the request. (I do what I am told to do and paid to do, so long as I feel protected.) However, I also stressed that I would be very concerned about liability, i.e., if it were known, and made issue of, that his contact information replaced that of the original manufacturer's contact information of the base materials, who would be sued first? I would tell the truth if ever deposed, and strongly suggested that he consult with his attorney regarding the alteration of original manufacturer supplied MSDS documents for base materials (most of which are just repackaged and branded), and that he also get a legal opinion regarding his requirements and obligations for providing these materials when asked.

I am certainly no lawyer, nor am I qualified to say what is or is not 'legally' appropriate regarding the providing of MSDS or the practice of making access difficult. I personally have ethical problems with the entire issue. If I were a customer I would want easy access to pertinent product information, but that probably isn't relevant to the law.

What are the the most commmon 'standards and practices' regarding availability of base material MSDS?

(What's really crazy is that at least one of our distributors posts links to PDFs of almost all of the MSDS right on their product page:))

[pageoneresults]

Either they will make them easily available online or they will have an uphill battle providing MSDS on request. I dealt with this years ago and the client and I decided to just post the MSDS, they just didn't want to deal with the requests anymore as they didn't have the man/woman power to do so.

If the client is an authorized reseller of said products, they should have no problem posting links to the MSDS of those products. Here in California, MSDS online are a savior for one of my industrial clients. Put them in a JavaScript popup window minus the address bar and they work just fine for 99% of the visitors.

[HRoth]

I frequently buy materials that have an MSDS, and I have noticed that the distributors never show the name of the manufacturer (or higher-up distributor) they got the material from. I think it is for the same reason you mention--that they are afraid of a customer going directly to the source. This seems a retail way for them to think about it to me. You are right that generally the minimums for these manufacturers are more than most folks would be willing to pay. Sometimes they have a line item minimum too. But I have noticed that a number of manufacturers are hugely dropping their minimums.

I ran into this same kind of cageyness when a customer asked me to provide him with the organic certification of a widget. I asked the distributor for this, and they dragged their feet about it because they didn't want to give away their sources. Finally they sent me their own certification as an organic storage facility, which wasn't the same thing at all. I came to distrust their claims to selling organic widgets after that.

[pageoneresults]

Look at it as an opportunity to discuss a possible MSDS Feed for distributors. I know that my client's manufacturer provides an XML file for distributors to do with as they please, they just can't change the core MSDS information. The data is generic so it can be customized to your liking.

One of the challenges we ran into when making the MSDS generic and/or branding with my clients identity were users continually requesting the "manufacturers" MSDS and not the one we provided. Even though the data was the same, go figure. I should point out that we are in a "private label" environment with this particular application.

I do know that certain States require certain documentation be provided to the consumer of certain products. Did I use the word certain three times in that sentence? An MSDS is pretty much mandated these days and is required to be "on file" with the consumer of that product. Most people purchasing these types of products are going to require the MSDS at some point. You might as well give it to them up front and be done with it. So what if they see that it is from such and such manufacturer. Wouldn't that just solidify the sale with you as a distributor of that manufacturer's product?

Why not set yourself up as the Benchmark Distributor and figure out a way to provide those MSDS to your customers in a completely automated fashion and "nip it in the bud" as they say? Again, I like wrapping ours in a JS popup minus all the bells and whistles, it has worked well for us. With an XML Feed from the manufacturer, that allows you to take it to a whole new customization level. What? They don't have one? Work with them to develop one. Opportunity knocks... :)

What's really crazy is that at least one of our distributors posts links to PDFs of almost all of the MSDS right on their product page.

Looks like someone already beat you to it. :(

[D_Blackwell]

I've always looked at it as an opportunity.

Yes, we are basically 'private label' also. It's a simple rebranding.

I don't know the legal requirements, and that's been one of my biggest concerns/objections to being involved at all. In the end I don't even care what decisions are made or why. Frankly, sometimes it is a whole lot easier just not to care. It's not my a.. on the line. Getting tired of watching the issue come and go, round and round.....

I've been begging for a 'nip it in the bud' 'take the high road solution' all along, but it's not selling:))

Looks like someone already beat you to it. :(

Not exactly. They had a number of requirements before they would take on the product line. One of those requirements was a full set of MSDS. For the money they put up the owner gave them everything they wanted, and his company is stronger for it frankly. I personally prepared and optimized all the MSDS in PDFs and sent them along. A week later they had prominent links right on the main page of the product line. Laughed my a.. off for a week:))

The minimums on these materials are significant and the costs steep. There is no dipping your toe in the water to see if you like it. Multiply the costs by number of items, colors,.....

Like I don't have enough to do, have looked a little further:

On a federal level, the law does allow chemical identity, manufacturer or other proprietary information to be protected on the MSDS. You should be able to mask out certain information to protect trade secrets. Alternatively, you could just prepare a chemical information sheet (though you may be assuming certain liabilities by doing so).

All this, however, depends on whether there are additionalrequirements in the particular state in which your business islocated.

This is why we pay lawyers. I am loathe to touch any document that we could be sued for later. There are laws for everything, and a full time job to make a good faith effort at 'the right thing'. Love a paper trail. May help at the deposition some day:))