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mikej.1981  
#1 Posted : 01 July 2014 12:08:26(UTC)
Rank: Forum user
mikej.1981

I have called our supplier of a chemical several times and keep getting told they will send the SDS for me and never do. I cant seem to find an answer on the HSE pages, CHIP or What it may now be called REACH? All I find is that it is a legal requirement to supply this but no time scales or how to enforce or report non-compliance. if any one with any knowledge can help this will be appreciated. Thanks Michael
jay  
#2 Posted : 01 July 2014 12:18:47(UTC)
Rank: Super forum user
jay

How and when should a SDS be provided? A SDS should be provided to the recipient free-of-charge, on paper or electronically, e.g. by postal delivery, fax or email. A system that merely requires customers to obtain a SDS from a company's website or from a catalogue of SDS is not considered appropriate. A SDS should be provided either before or at the time of first delivery of the substance or mixture. Where a customer re-orders substances or mixtures, then the supplier does not need to re-supply the SDS, unless the sheet’s contents have changed. Source:- http://www.hse.gov.uk/reach/resources/reachsds.pdf Obviously, the supplier does not need to provide a SDS: 1. If the substances/mixtures are supplied in the UK and not classified as hazardous or considered PBT, vPvB or of equivalent concern (e.g., endocrine disruptors). 2. For certain products intended for the final user, e.g. medicinal products or cosmetics.
mikej.1981  
#3 Posted : 01 July 2014 12:23:50(UTC)
Rank: Forum user
mikej.1981

Jay Thanks for the reply We are a large organisation spread over multiple sites and in the past have not been the best at COSHH. I dont have the SDS, while the Suplier does not need to include it with the order, do they have to supply it on request and is there a time limit to do this?
stonecold  
#4 Posted : 01 July 2014 12:34:33(UTC)
Rank: Super forum user
stonecold

Hello, I would expect the required information be provided with the purchase/ delivery of the item. If the supplier fails to do this and then ignores your requests for provision of the required information I would seriously consider changing supplier.
mikej.1981  
#5 Posted : 01 July 2014 12:34:42(UTC)
Rank: Forum user
mikej.1981

just to add, I have only just got this job and I am currently solving many H&S issues, the organisation feels are not important like having SDS, storing COSHH items safetly carrying out any maintainance or having any useful and relavant RA's just like to point out, Im not being incompetant in my role
mikej.1981  
#6 Posted : 01 July 2014 12:36:47(UTC)
Rank: Forum user
mikej.1981

Stone cold Unfortunatley it is a very specific piece of equipment with a specific chemical. it is impossible to change supplier and vital we have the equipment both for organisational needs and legislative compliance.
mikej.1981  
#7 Posted : 01 July 2014 12:40:10(UTC)
Rank: Forum user
mikej.1981

it is simply a cleaning chemical probably with low harm due to being automated and enclosed but it has to used by employees not associated with hygiene or cleaning practices and unfortunatley as the sole H&S advisor for staff spread over an entire county, in secure locations, I cant be on hand to monitor use and so want detailed information available.
stonecold  
#8 Posted : 01 July 2014 12:44:17(UTC)
Rank: Super forum user
stonecold

Hi Not much you can do really apart from chase the supplier, id personally call them 10 times a day until they sent it.
Ron Hunter  
#9 Posted : 01 July 2014 13:06:17(UTC)
Rank: Super forum user
Ron Hunter

Ref Jay's response at #2 above. Is the product hazardous for supply? Does it actually require a data sheet? I mean no disrespect, but the whole approach to COSHH, CHIP etc. has been routinely upset over many decades by the presumption that "chemical" must equal "data sheet". Unfortunately many suppliers have bowed to customer pressure over that period and produced entirely spurious data sheets. Those who should really know better have then gone on to produce equally spurious "COSHH" Assessments. If you've a good idea as to what the product is there may be many on this Forum who could help with a practical solution.
mikej.1981  
#10 Posted : 01 July 2014 13:17:02(UTC)
Rank: Forum user
mikej.1981

I know what the chemical is, its a microbiological cleaner for a specific piece of equipment that allready has a risk asssessment for use, If there is a SDS and there is a need for this all I want is to attach it to the RA so the correct PPE can be selected. If there is no SDS as it does not need one then I can manage that, but if its available then we should really have sight of it.
chris.packham  
#11 Posted : 01 July 2014 13:18:10(UTC)
Rank: Super forum user
chris.packham

Have you considered politely pointing out to the supplier that unless you receive the safety data sheet within the next xx working days you will have no option but to advise the HSE that your supplier is not complying with his duties under the health and safety regulations? Given FFI that might trigger a response! Chris
mikej.1981  
#12 Posted : 01 July 2014 13:21:36(UTC)
Rank: Forum user
mikej.1981

its difficult being the only supplier of a substance and piece of equipment legally needed by a national organisation, id be in a difficult situation if i did that.
stonecold  
#13 Posted : 01 July 2014 13:31:57(UTC)
Rank: Super forum user
stonecold

Stupid question but have you tried googling it? You may be surprised on what you can find online.
Ron Hunter  
#14 Posted : 01 July 2014 13:48:21(UTC)
Rank: Super forum user
Ron Hunter

Have you confirmation (or reason to suspect) the chemical is hazardous (or contains small amounts of hazardous chemicals) ? That's the first question to ask of the supplier - particularly if there's no labelling information or symbols on the product packaging. e.g. everyday hand Soap is a "microbial cleaner."
Roundtuit  
#15 Posted : 01 July 2014 13:57:58(UTC)
Rank: Super forum user
Roundtuit

Be very wary of the power of Google - incorrect item / out of date / wrong format for the country of use. Personally have used two tactics to resolve this type of issue especially where a distributor is involved: 1) Get your purchasing department (or the employee that orders the specific item) to raise a formal complaint on the supplier via their sales contact / representative 2) In the absence of a response to 1) write to the manufacturers MD or Company Secretary at the address on the packaging. Only had one occasion where a letter was needed and the response was profusely apologetic for failings in their company systems.
Roundtuit  
#16 Posted : 01 July 2014 13:57:58(UTC)
Rank: Super forum user
Roundtuit

Be very wary of the power of Google - incorrect item / out of date / wrong format for the country of use. Personally have used two tactics to resolve this type of issue especially where a distributor is involved: 1) Get your purchasing department (or the employee that orders the specific item) to raise a formal complaint on the supplier via their sales contact / representative 2) In the absence of a response to 1) write to the manufacturers MD or Company Secretary at the address on the packaging. Only had one occasion where a letter was needed and the response was profusely apologetic for failings in their company systems.
James Robinson  
#17 Posted : 01 July 2014 15:04:28(UTC)
Rank: Forum user
James Robinson

Don't pay the next invoice they send you! Say you will pay when they send the correct paperwork with the delivery that is required. Money talks.
Ron Hunter  
#18 Posted : 01 July 2014 15:09:14(UTC)
Rank: Super forum user
Ron Hunter

15 & #16 are a bit hasty given that the OP has yet to prove the product actually requires a SDS!
jodieclark1510  
#19 Posted : 01 July 2014 15:16:07(UTC)
Rank: Super forum user
jodieclark1510

I would google it to begin with, I had a lot of trouble trying to find SDS for some of the products the engineers used as they were not supplied specifically, they were items you could buy in B and Q! I would be inclined to shop around a bit, you may well find another supplier, and while you are looking around, ask if they can supply an SDS there and then. If they can I would suggest getting them as an approved supplier and returning your other stock back to the original supplier. It is their duty to supply you with safety information, no matter what it is, and if they can't then you don't want anything to do with them.
jay  
#20 Posted : 01 July 2014 15:36:48(UTC)
Rank: Super forum user
jay

Hi Mike, You need to confirm that the chemical does require an SDS--as stated previously. The supplier is required to provide the SDS as mentioned in my response--there is no additional time limit! However, since you have multiple sites, have you confirmed with the supplier what address they have for sending the SDS? It is possible that the SDS may have been sent to another postal/e-mail address. If the supplier has a website that has the SDS, you could search and access it, but strictly, the supplier has to provide the SDS by positive means! Does the label on the container of the chemical that has been supplied previously provide any clues regarding the classification of the chemical, i.e. the primary symbol and risk phrases/hazard statements? If there are risk phrases/hazard statements, then it is hazardous and does indeed require an SDS.
Roundtuit  
#21 Posted : 01 July 2014 16:34:49(UTC)
Rank: Super forum user
Roundtuit

In the original post the supplier said they would forward an SDS which indicates such a document exists and is available for transmission regardless of a legal requirement to present one due to the presence of any hazard (one of my engineers has even received an MSDS for stainless steel components thanks to a commercial decision by the manufacturer). A complaint is not a hasty response - the customer has asked for information (reportedly several times) and failed to receive it. As part of the suppliers investigation it may well be discovered that transmission has occurred but for a multiple site organisation ended up arriving on the desk of someone who does not know who or what the document is for (many transmitted SDS arrive addressed Dear Customer, The Health & Safety Manager etc. or to the invoice / delivery address listed on the company purchase order - have you checked with accounts payable / goods inward?). More suppliers are turning to email delivery (and even more will as the weight of the document increases thanks to exposure scenarios etc.) so perhaps it is time to ask your IT department for some help to establish a grouped email address to receive supplier SDS and when receiving a posted hard copy make the effort to ask that all further transmission is electronic. With several people in an email group there is very little opportunity for documents to get left in a mail box, physically end up at the wrong location, sat on the wrong desk or being dropped in the bin by someone assuming junk mail. Being from the supply side of the fence I am just in the middle of another attempt to update our SDS transmission - currently posted as hard copy to "Dear Customer, company X, invoice address, reference your order"
Roundtuit  
#22 Posted : 01 July 2014 16:34:49(UTC)
Rank: Super forum user
Roundtuit

In the original post the supplier said they would forward an SDS which indicates such a document exists and is available for transmission regardless of a legal requirement to present one due to the presence of any hazard (one of my engineers has even received an MSDS for stainless steel components thanks to a commercial decision by the manufacturer). A complaint is not a hasty response - the customer has asked for information (reportedly several times) and failed to receive it. As part of the suppliers investigation it may well be discovered that transmission has occurred but for a multiple site organisation ended up arriving on the desk of someone who does not know who or what the document is for (many transmitted SDS arrive addressed Dear Customer, The Health & Safety Manager etc. or to the invoice / delivery address listed on the company purchase order - have you checked with accounts payable / goods inward?). More suppliers are turning to email delivery (and even more will as the weight of the document increases thanks to exposure scenarios etc.) so perhaps it is time to ask your IT department for some help to establish a grouped email address to receive supplier SDS and when receiving a posted hard copy make the effort to ask that all further transmission is electronic. With several people in an email group there is very little opportunity for documents to get left in a mail box, physically end up at the wrong location, sat on the wrong desk or being dropped in the bin by someone assuming junk mail. Being from the supply side of the fence I am just in the middle of another attempt to update our SDS transmission - currently posted as hard copy to "Dear Customer, company X, invoice address, reference your order"
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