A recent safety audit has highlighted that the MSDS sheets do not reflect the new pictorial changes as required under CLP regulations. I understand that suppliers of substances have until 1st June 2017 in which to re-classify / package if the product was available on the market prior to 1st June 2015.

Given that many MSDS / SDS available do not carry the updated symbols under CLP, how can we demonstrate to audit teams that the COSHH Risk Assessment is 'suitable and sufficient' if the MSDS has not been updated by the supplier?

Is this a common non-conformity being raised by auditors and have other members challenged the findings? Any feedback or advice would be welcome:)

As Chris has said (he is usually right about this) the SDS and whatever pictures are included in it this year don’t really matter. All the new regs have done is changed how the underlying information is presented not what the hazards are… if it was corrosive under CHIP it is still corrosive under CLP/REACH.
What you should be doing is establishing what risk this stuff poses to your staff and decided what you are going to be doing about it.
Suitable means that the risk assessment addresses the hazards that you come across and sufficient that you establish a realistic assessment of the risk from exposure.

Something that may stop the auditor raising this issue again, I did a quick sheet with the old and new symbols with a quick blurb outlining that they had changed and popped it at the front of our on site folders. Our COSHH Assessments also have a small key with the new symbol and written description i.e harmful, highly flammable.

I agree with previous comments that there are more important things to deal with and should be concentrated on before changes in pictograms- but a five minute task may save revisiting the same non-conformity if it keeps being raised?

It is incorrect to state that suppliers have until June 2017 to reclassify as per CLP as far as SDS's are concerned. For that the deadline was June 2015.

All you need to ensure ( which the supplier should have anyway!) is that the SDSs are upto date.
A better question from the auditor would have been, how is it ensured that the SDSs' are the latest from the supplier.

While I agree that in essence the "skin" dilemma mentioned by Chris and it is the task/activity that ones assesses for COSHH, one cannot discount the information in an SDS, despite that it may be generic. It is impractical, in most cases to undertake a COSHH assessment without taking into account the information in an SDS. Yes, by all means we must take into account the Principles of prevention. COSHH Regulation 6 (2) (b) states , (plus other requirements) that

The risk assessment shall include consideration of information on health effects provided by the supplier, including information contained in any relevant safety data sheet;

The guidance further clarifies that:-
Supplied chemicals and products
Employers should decide what information is required and the amount of detail needed to carry out the assessment. Safety data sheets for chemicals and products must be provided by the supplier to meet their legal responsibilities. These safety data sheets provide hazard/health effect details and the general precautions needed when handling a substance or product. The employer’s knowledge and experience of the work activity and the circumstances of use will provide useful information for carrying out the assessment.


Derogation from re-labelling and re-packaging of mixtures

There are certain limited circumstances where the transitional arrangements for mixtures can be extended. Where a mixture (formerly a preparation) has already been classified, labelled and packaged according to CHIP, and placed on the market before 1 June 2015, it does not have to be recalled for re-labelling and re-packaging. This derogation is available until 1 June 2017. From that date, mixtures placed on the market must comply with the CLP Regulation.

Note: there is no derogation for classification responsibilities.

The derogation only applies to products already on the shelf

If the manufacturer made them before 31st May 2015 they may have labelled according to CHiP (most will have volutarily adopted CLP before this date). Any mixture manufactured on or after 1st June 2015 must be labelled according to CLP.

NOTE: if you purchase pure substances these should already be CLP.

The trick here is to see what labels are on the product in your facility - if they are CHiP you should have an SDS with the same labelling if they are CLP you need a new SDS.

Problem for a lot of companies is that you rarely deal with the manufacturer/formulator but a distributor of a distributor who are damned poor at communicating information.

Also note on 1st June 2016 the Classification process must be from first principle so reading R** and assuming H*** is incorrect.

A lot of suppliers did hang back applying the new labelling as the classifications became commercially disadvantageous - a lot of products previously unclassified suddenly acquired hazard categorisation. The manufacturers of washing up liquids were most upset when they had to apply GHS07 (exclamation mark) and the word Warning on their packaging