[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-42.202]



[Page 172-173]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 

CERTAIN CATEGORIES OF PROPERTY--Table of Contents

 

    Subpart 101-42.2_Utilization of Hazardous Materials and Certain 

                         Categories of Property

 

Sec. 101-42.202  Identification of hazardous materials.



    (a) Current acquisition standards (Fed. Std. No. 313 and Fed. Std. 

No. 123) and the Federal Acquisition Regulation require that 

manufacturers identify and document potential hazards on material safety 

data sheets (MSDSs) as part of the acquisition process. Acquisition of 

MSDSs is also prescribed by the Occupational Safety and Health 

Administration (OSHA) regulations found in 29 CFR part 1910 and 

paragraph 1-602(c) of Executive Order 12196, Occupational Safety and 

Health Programs for Federal Employees, dated February 26, 1980. GSA's 

Federal Supply Service (4FQ) maintains an automated data base, 

accessible via modem and computer terminal, that contains MSDSs for all 

GSA-procured hazardous materials. In addition to display of the MSDS on 

the terminal screen, the system allows for the addition of the MSDS to 

the user's local data base and the transmission of the MSDS via 

facsimile to the user's site. Detailed instructions on how to access 

this system may be obtained by sending a self-addressed envelope to 

General Services Administration, Federal Supply Service, Attn: MSDS 

Coordinator, 401 W. Peachtree St., NE, suite 3021, Atlanta, Georgia 

30365.

    (b) The Hazardous Materials Information System (HMIS) is a 

collection of MSDS information, transportation information, and disposal 

information that was established by the Department of Defense to assist 

personnel who handle, store, ship, use or dispose of hazardous 

materials. Each record in the data base is defined by a stock number 

(either national stock number or local numbers), the manufacturer's 

contractor and Government entity (CAGE) code, and a part number 

indicator which is linked to the manufacturer's part number or trade 

name. The data base (DoD 6050.5L) is available on microfiche and compact 

disc-read only memory (CD-ROM) through the Naval Computer and 

Telecommunication Area Master Station, Atlantic (NCTAMS LANT), Attn.: 

Code 911.3, Norfolk, VA 23511-5355.

    (c) For items not listed or adequately described in the HMIS or on a 

MSDS, contact the procuring agency, the manufacturer, or your technical 

staff for information as to the potential hazards of the item.

    (d) Some hazardous items were acquired by Federal agencies prior to 

implementation of the standards requiring identification of potential 

hazards. Identification and documentation of the hazardous nature of 

such items is the responsibility of the owning or holding agency. 

Hazardous materials are found in most Federal supply classification 

(FSC) classes. Section 101-42.1101 contains a table of FSC classes 

composed predominantly of hazardous items and a table of FSC groups and 

classes which contain a significant number of hazardous items. These 

tables are designed to assist Federal agencies in reviewing personal 

property inventories to identify hazardous materials.

    (e) When an item has been determined hazardous, the owning Federal 

agency shall document the accountable inventory record accordingly. If 

the item has not been appropriately labeled by the manufacturer or 

distributor, the owning agency shall appropriately label, mark, or tag 

the



[[Page 173]]



item in accordance with OSHA requirements (29 CFR 1910.1200) regarding 

the actual or potential hazard associated with the handling, storage, or 

use of the item to include hazardous chemical(s) contained and the name 

of the chemical manufacturer, importer, or responsible party as defined 

at 29 CFR 1910.1200(c). Such information shall be maintained in the item 

record for use in preparation of reports of excess property, 

reassignment or transfer documentation, and other documentation 

requirements that may arise.