Re: Material Safety Data Sheet (MSDS)



This Letter will respond to your inquiry concerning a Material Safety Data Sheet (MSDS) for paperboard. Upon review of relevant OSHA regulations and the characteristics of paperboard, we conclude that an MSDS is not required either for paperboard or any paper dust that may be generated during paperboard production or conversion to finished product. An MSDS is not required for paperboard because paperboard falls within the exemptions for a “manufactured article” and “wood products”.

First under OSHA regulations, an MSDS is not required for manufactured “articles”. OSHA defines an “article” as
“ a manufactured item:(i) which is formed to specific shape or design during manufacture: (ii) which has end use function(s) dependent on whole or in part upon its shape or design during end use: and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of hazardous chemicals... and does not pose a physical hazard or health risk to employees.” Under this definition, paperboard is not subject to the MSDS requirements because all three conditions are met. Paperboard is a manufactured item that is formed to a specific shape. The function of paperboard in cartons, boxes and other end uses is dependent on its shape for its usefulness. Paperboard does not appear to emit hazardous chemicals under the condition of its normal manufacture or what we understand to be its normal conversion into finished product.

Second, paperboard is further exempt from the MSDS requirements as a “wood product”. Wood products are exempt from the MSDS requirements because their primary hazard is flammability or combustibility, and because that hazard is unmistakable and obvious and does not require further communication. OSHA has stated that “products such as lumber, plywood, and paper are easily recognized in the workplace and pose a risk of fire that is obvious and well known to the employees working with them.” Paperboard shares the relevant characteristic of these products.

We also conclude that an MSDS is not required for “paper dust”. An MSDS is required only for substances found to be hazardous based on available scientific evidence. Presently, we have no information indicating that paper dust in paper mills or folding carton plants is hazardous under OSHA regulations. A broad search of the scientific literature performed by counsel for the Recycled Paperboard Technical Association has, to date, turned up no studies indicating that paper dust is a hazard in the manufacturing process. That same inquiry has yielded no information suggesting that trace quantities of paper dust shipped with paperboard pose any health risks.

If you have any questions, please feel free to give me a call.

Sincerely,

Donald Ramaley
President