Hazardous Material Identification and Material Safety Data
Contractors must identify all hazardous materials delivered and provide up-to-date Material Safety Data Sheets to ensure government personnel safety and regulatory compliance.
Overview
FAR 52.223-3 requires contractors to identify and provide safety data for any hazardous materials delivered under a government contract. The clause mandates listing all hazardous materials, updating the list as needed, and submitting Material Safety Data Sheets (MSDS) that comply with OSHA and Federal Standard No. 313. Contractors must notify the Contracting Officer of any changes in material composition or regulations affecting the data. The clause also clarifies that compliance with this requirement does not relieve contractors of broader legal responsibilities for hazardous materials, and it grants the government broad rights to use and disclose the safety data for health and safety purposes. Alternate I adds specific requirements for providing MSDS copies with shipments to consignees and agency depots.
Key Rules
- Hazardous Material Identification
- Contractors must list all hazardous materials to be delivered and update the list if new materials are added during contract performance.
- Material Safety Data Sheet (MSDS) Submission
- Contractors must submit MSDS for each hazardous material before award, and update them if material composition or regulations change.
- Government Rights in Data
- The government may use, duplicate, and disclose MSDS data for safety and medical purposes, overriding other data rights clauses.
- Alternate I Shipping Requirements
- When Alternate I applies, MSDS copies must accompany shipments or be affixed to containers for agency depots.
Responsibilities
- Contracting Officers: Ensure hazardous materials are identified and MSDS are submitted and updated as required.
- Contractors: Identify hazardous materials, submit and update MSDS, notify of changes, and comply with all applicable laws and regulations.
- Agencies: Oversee compliance and use MSDS data for safety and health purposes.
Practical Implications
- This clause ensures the government and its personnel are informed of hazards and can respond to emergencies involving hazardous materials.
- Contractors must have robust processes for hazardous material identification, MSDS management, and regulatory compliance.
- Failure to comply can result in ineligibility for award or contract breaches, and does not shield contractors from liability under other laws.