A safety data sheet is the ID card of a chemical.
This means that the safety data sheet contains all information related to the chemical: from basic details (name, code, supplier), chemical composition, hazards, to detailed toxicological and ecotoxicological data.
The safety data sheet is intended for professional users of chemicals who need to be aware of the hazards and safety measures for handling such chemicals safely.
It is the duty of every supplier of a hazardous chemical to provide the safety data sheet for that specific hazardous chemical to their customer free of charge.
The only exception is consumers (individuals).
A consumer who buys a hazardous chemical in a store for personal use is not entitled to a safety data sheet. In this case, the information on the chemical's label is sufficient for the consumer to understand the hazards and safe use measures.
From the above, it follows that the safety data sheet and its contents are not confidential.
So how should you handle safety data sheets?
Some companies opt for a "closed system" and only send safety data sheets to buyers, while others freely publish their safety data sheets online (known as an "open system").
The advantage of freely publishing safety data sheets online is that customers, partners, or distributors can download or view the safety data sheets of your products themselves - anytime, anywhere.
This is especially useful for distributors or customers who do not always have access to their computer but do have a mobile phone and internet access.
Another advantage is that customers can thoroughly review your products before making an actual purchase.
The downside is, of course, that safety data sheets are accessible to everyone (including your competitors). This means you have no control over who views them.
With a closed system, it's the opposite: you have control over who you have sent the safety data sheets to.
The largest companies in the chemical industry typically use a closed system, but have processes and information systems in place so that safety data sheets are automatically sent to customers via email with every order.
In any case, you must never, under any circumstances, refuse to provide a safety data sheet to a professional buyer. In other words, if someone wants to obtain a safety data sheet for a product, they must purchase at least the smallest quantity of that product or order a sample.
The decision for one option or the other depends entirely on your interests. You must ensure that the buyer actually receives the safety data sheet for the purchased chemical!
However, be cautious. Article 31(8) of the REACH Regulation 1907/2006 states the following: "The safety data sheet shall be provided free of charge on paper or electronically no later than the day the substance or mixture is first supplied."
The meaning of the term "shall be provided" is further explained in the Guidelines for the Preparation of Safety Data Sheets, which state:
"It should be noted that in this context, the term "shall be provided" should be understood as a positive obligation of the supplier, to actually deliver the safety data sheet (and any required updates) and not to passively make it available, for example, on the internet, or to deliver it only upon request."
Therefore, posting the safety data sheet on a website does not count as fulfilling the obligation of its "provision." It is also unacceptable to send an email with a link to a general website where the safety data sheet (or the latest updated safety data sheet) must be found and downloaded from the site.
Providing the safety data sheet – regardless of whether you choose an open or closed system - means you must deliver the specific safety data sheet to the buyer physically or send it by email, in a format they can open.
And we can help you with that.
bojan.dimic@bens-consulting.eu
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