Dear Valued Customer:
We are writing to update you on the status of our efforts to revise the safety data sheets for our products in compliance with the new Hazard Communication Standard (HCS) requirements promulgated by the Occupational Safety and Health Administration (OSHA) on March 26, 2012 (“HCS 2012”). As you are no doubt aware, OSHA’s amendments to the HCS program at 29 C.F.R. §1910.1200 changed the criteria for classifying chemical hazards, the required elements for chemical labels, and the format of safety data sheets (SDSs) in an effort to conform the program to the Globally Harmonized System (GHS) for Classification and Labeling adopted in Europe and other countries around the world.
We understand that all companies in the chemical distribution chain have responsibilities under HCS 2012 and are under pressure to ensure that the new requirements are met on a timely basis. Therefore, we are writing to inform you that we are proceeding to prepare revised SDSs for our products that comply with the new HCS 2012 requirements as we receive information from our suppliers. As an importer of consumer fireworks, however, our compliance depends on the hazard classification information we receive for the proprietary products we purchase from foreign manufacturers and in some cases upstream suppliers. As part of our reasonable diligence and good faith efforts to comply with HCS 2012 on a timely basis, we have reached out to our suppliers to request the outstanding SDSs we need to incorporate into the classification grid for our company’s products. Their delay to provide us the updated SDSs has in turn delayed our ability to create HCS 2012-compliant SDSs for our own products. Consequently, we are unable to furnish you with updated SDSs at this time but can assure you that we are exercising reasonable diligence and good faith efforts to provide these materials as soon as possible.
OSHA has stated that it will exercise enforcement discretion for manufacturers who are dependent on suppliers to provide updated SDSs as long as they exercise reasonable diligence in obtaining the information and have a plan for compliance. A copy of OSHA’s enforcement guidance dated February 9, 2015, to its Area Offices is attached for your convenient reference. You should keep a copy of this letter as it will provide evidence of our efforts to comply as referenced in the letter. We will keep you apprised of our efforts and will provide you the HCS 2012-compliant SDSs for our products as soon as they become available. Should you have any questions about this process, please do not hesitate to contact us. We value your business and thank you for your understanding.
Vice President Legal
American Eagle Superstore, Inc.
 1 “Hazard Communication,” 77 Fed. Reg. 17,574 (Mar. 26, 2012).