23.302 Hazardous material identification and notice of material safety data
Source: FAR 23.302 on acquisition.gov
Contractors must identify hazardous materials and submit Material Safety Data Sheets (MSDS) as required to ensure government employee safety and regulatory compliance.
Overview
FAR 23.302 establishes requirements for identifying hazardous materials and providing Material Safety Data Sheets (MSDS) in government contracts. The regulation ensures that government employees are informed about hazards, symptoms, emergency treatments, and safe handling procedures for hazardous materials introduced into the workplace through acquired supplies. Offerors and contractors must submit hazardous materials data when their products are identified as hazardous, following the criteria in Federal Standard No. 313. MSDSs are required both before contract award (if hazardous materials are expected) and at delivery (for non-DoD agencies). Contracting officers must distribute received MSDSs to the appropriate safety personnel.
Key Rules
- OSHA Hazard Communication
- Agencies must inform employees about hazards, symptoms, emergency treatments, and safe use of hazardous materials.
- Submission of Hazardous Material Data
- Offerors/contractors must submit hazardous material data (MSDS) for identified hazardous materials per Federal Standard No. 313.
- Timing of MSDS Submission
- MSDSs must be submitted by the apparent successful offeror before contract award and, for non-DoD agencies, again at delivery.
- Distribution of MSDSs
- Contracting officers must provide all received MSDSs to the safety officer or designated individual.
Responsibilities
- Contracting Officers: Ensure MSDSs are collected and distributed to safety personnel.
- Contractors: Submit MSDSs as required by Federal Standard No. 313 and agency instructions.
- Agencies: Oversee compliance and ensure employee safety information is provided.
Practical Implications
- This section protects government employees by ensuring they are informed about hazardous materials in the workplace.
- Contractors must be diligent in identifying hazardous materials and timely submission of MSDSs.
- Failure to comply can delay contract awards or result in non-compliance penalties.
(a) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Government activities to apprise their employees of-
(1) All hazards to which they may be exposed;
(2) Relative symptoms and appropriate emergency treatment; and
(3) Proper conditions and precautions for safe use and exposure.
(b) To accomplish this objective, it is necessary to obtain certain information relative to the hazards which may be introduced into the workplace by the supplies being acquired. Accordingly, offerors and contractors are required to submit hazardous materials data whenever the supplies being acquired are identified as hazardous materials. The latest version of Federal Standard No. 313 (Material Safety Data Sheet, Preparation and Submission of) includes criteria for identification of hazardous materials.
(c) Hazardous material data (Material Safety Data Sheets (MSDS)) are required-
(1) As specified in the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract);
(2) For any other material designated by a Government technical representative as potentially hazardous and requiring safety controls.
(d) MSDS’s must be submitted-
(1) By the apparent successful offeror prior to contract award if hazardous materials are expected to be used during contract performance.
(2) For agencies other than the Department of Defense, again by the contractor with the supplies at the time of delivery.
(e) The contracting officer shall provide a copy of all MSDS’s received to the safety officer or other designated individual.