A construction company is contracted by a manufacturing company to perform work at the manufacturer's site. The construction company brings hazardous chemicals onto the site to perform its construction activities. During normal conditions of use as well as in foreseeable emergencies, only employees of the construction company will be exposed to any of the hazardous chemicals brought to the site by the construction company. Is the manufacturing company responsible for reporting, under Sections 311 and 312, on hazardous chemicals brought onto its site by the construction company?
No. It is the responsibility of an owner or operator who is required by the Occupational Safety and Health Administration (OSHA) to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical to report on those chemicals under Sections 311 and 312. In the above scenario, the employer of the construction workers is the person who is required by OSHA to prepare or have available a MSDS for the hazardous chemicals that are brought onto the manufacturer's site to perform the contracted work. The employer of the construction workers operates a facility during the construction phase and should, therefore, report on these hazardous chemicals if applicable thresholds are met. For purposes of Sections 311/312, the manufacturing company is not required to factor into threshold calculations or report on any amounts of hazardous chemicals brought on site by the construction company because the manufacturer is not required to prepare or have available an MSDS for these chemicals under OSHA regulations.