An SDS management provider asked OSHA sixteen questions about who counts as the 'responsible party' in SDS Section 1, obligations of U.S. importers, and whether 'hybrid' SDSs and labels designed to satisfy both OSHA HCS 2012 and Canadian WHMIS requirements are acceptable.
On the responsible party: OSHA said the address must be in the United States and the phone number must be a domestic number, and emergency phone numbers must be U.S. based. Foreign addresses may only be added supplementally where they won't cause confusion, preferably in Section 16. When a U.S. company imports a chemical — even for exclusive on-site consumption — the person who imported the product automatically becomes the responsible party, and a foreign distributor's address cannot be listed instead. OSHA has no plans to adopt Canada's approach allowing omitted importer addresses (29 CFR 1910.1200).
Importers carry full HCS duties: they must classify the chemical and develop or obtain a compliant SDS if the foreign supplier doesn't provide one, and may follow workplace labeling requirements under 29 CFR 1910.1200(f)(6). Importers can use an HCS 2012-compliant SDS supplied from overseas. Contracted SDS authors or online SDS services can prepare documents, but the manufacturer or importer retains ultimate compliance responsibility and remains the responsible party.
On hybrid U.S./Canada documents: they are acceptable if they comply with all OSHA HCS elements and supplemental information doesn't contradict or cast doubt on the required standardized hazard information. Hazards not otherwise classified (HNOCs) must be addressed per 29 CFR 1910.1200(g)(2)(ii); the exclamation mark pictogram may indicate an HNOC if marked as such but may only appear once per label. Canadian hazard statements from newer GHS versions are acceptable only if they don't contradict HCS 2012 information, and precautionary statements for non-GHS hazard classes like combustible dusts, simple asphyxiants, and pyrophoric gases may appear as supplemental information (29 CFR 1910.1200 App C, App D).