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Posted By Juan Carlos Arias
One of our suppliers has provided SDS's with the following "legal disclaimer":
"the above information is believed to be correct but does not purport to be all inclusive and shall be used only as a guide. This company shall not be held liable for any damage resulting from handling or from contact with the above product"
Can such a disclaimer be added to a Safety Data Sheet?
Whilst I fully understand that the user must work in accordance with the information provided, I have not seen this on SDS's before and would like to know your thoughts
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Posted By Swis
Any label on any product is never all ‘inclusive’.. they’re for general information only… (there’s always an element of error/doubt)
A comprehensive general information is what you should be seeking.. (changing the supplier, should you don’t trust the current)
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Posted By Raymond Rapp
As a rule disclaimers are not worth the paper they are written on. You cannot disclaim against your legal duty!
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Posted By Juan Carlos Arias
Thank you both for your views, The supplier actually seems very competent and the info provided in the SDS is well put together with all the required fields, I just thought it was unusual for a disclaimer of this type to be on the SDS.
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Posted By Paul Leadbetter
The lawyers are tail covering, that's all.
Paul
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Posted By Barrie (Badger) Etter
Whilst on SDS's can anyone advise how much change we would see under the new(?) GHS safety sheets?
Badger
Apols for redirecting Juan Carlos
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Posted By FAH
Hi folks
As far as I'm aware any disclaimer of the form quoted on an SDS is simply not legal and means nothing!!!
If the provider thinks that this is an OK disclaimer, it does rather draw their competence in other areas into question.
If you really want to know everything about Safety Data Sheets, got to the Chemical Hazard Communication Society [CHCS] web-site.
Incidentally, they also run very good training events for all categories of potential SDS users.
Next one - see link below.
http://www.chcs.org.uk/t...sheet-training.htm#dates
Frank Hallett
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Posted By Phil Rose
Agreed generally 'disclaimers' are pretty worthless. I could sometimes say the same for MSDS themselves; I have lost count of the number where they state very low hazards and then require all manner of PPE to be worn.
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Posted By Ian Blenkharn
Let's look at this from the opposite direction.
Consider that oh, so common Safety Officers' lament of "It's not my responsibility [when it all goes pear-shaped], I'm only here to advise!"
I'm sure there will now be howls of derision, and of course some will feel able to defend such a position, but this sorry lament is a rather shallow attempt at a disclaimer too. Unfortunately, it remains remarkably, and depressingly, common.
I'm pleased to say that it's a view I've never subscribed to, but I have heard so very many use it over the years, and regret bitterly that in those more serious cares so many have managed to wriggle out of their professional responsibilities.
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Posted By FAH
Hi Phil
I entirely agree as to the reliability of SDS's - and so does the CHCS.
Hi Ian
The requirements for SDS's are very explicitly & specifically detailed in H&S legislation - the functions &/or duties of the Safety bod [insert remainder of role name here] are just as definitely not proscribed by legislation.
Incidentally, to me, a "Safety Officer" implies an internal policer - something that the operations managers should really be doing themselves; & a "Safety Adviser" should be doing exactly that & not taking on the functions or roles of the managers who should be taking the responsibility for managing their risks. A "Safety Manager" is something else, & here I might, just possibly, support your contention.
Frank Hallett
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Posted By Ian Blenkharn
I think that means you expect to talk yourself out of your responsibilities at least half of the time.
Nothing changes
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Posted By FAH
Ian, I'm not clear where you might be taking your comments.
Please clarify.
Frank Hallett
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Posted By AHS
Disclaimers like that show a distinct lack of respect for both the law (CHIP4)and customers.
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