FAR 23.302—Hazardous material identification and notice of material safety data.
Plain-English Summary
FAR 23.302 explains how the Government identifies and manages hazardous materials that may enter the workplace through purchased supplies, and how it obtains the safety information needed to protect Government personnel. It ties the procurement process to OSHA-style hazard communication by requiring offerors and contractors to provide Material Safety Data Sheets (MSDS) for hazardous materials, including materials identified under the latest version of Federal Standard No. 313 and any other material a Government technical representative designates as potentially hazardous. The section also addresses when the MSDS must be submitted: by the apparent successful offeror before award if hazardous materials are expected during performance, and, for agencies other than DoD, again with the supplies at delivery. Finally, it requires the contracting officer to pass received MSDSs to the safety officer or other designated official so the information reaches the people responsible for workplace safety. In practice, this section ensures the Government can evaluate hazards before award, control risks during performance, and maintain a usable safety record for the items being acquired.
Key Rules
Hazard communication purpose
The rule exists to support OSHA-style hazard communication in Government workplaces. Agencies must be able to inform employees about hazards, symptoms, emergency treatment, and safe-use precautions for materials introduced through procurement.
Hazardous materials data required
Offerors and contractors must submit hazardous materials data when the supplies being acquired are hazardous materials. The applicable identification criteria come from the latest version of Federal Standard No. 313, including revisions adopted during the contract term.
Additional designated materials
MSDSs are also required for any other material a Government technical representative identifies as potentially hazardous and needing safety controls. This gives the Government flexibility to require safety data even when a material is not expressly listed under the standard.
Pre-award submission by apparent successful offeror
If hazardous materials are expected to be used during performance, the apparent successful offeror must submit the MSDSs before contract award. This allows the Government to review hazards before committing to the contract.
Delivery submission for non-DoD agencies
For agencies other than the Department of Defense, the contractor must submit the MSDSs again with the supplies at the time of delivery. This ensures the receiving activity has the safety information when the material arrives.
Safety office distribution
The contracting officer must provide all received MSDSs to the safety officer or another designated individual. The procurement file alone is not enough; the information must reach the personnel responsible for workplace safety.
Responsibilities
Agency
Ensure its workplace hazard communication needs are met by obtaining safety information for hazardous supplies and using that information to protect employees from exposure, symptoms, and unsafe handling conditions.
Contracting Officer
Require the necessary MSDS submissions, collect them from the apparent successful offeror and, where applicable, the contractor at delivery, and forward all received MSDSs to the safety officer or designated individual.
Offeror / Apparent Successful Offeror
Submit MSDSs before award when hazardous materials are expected to be used during performance, and provide the required hazardous materials data for materials covered by Federal Standard No. 313 or otherwise designated as hazardous.
Contractor
Provide MSDSs for hazardous materials as required by the contract and, for agencies other than DoD, submit them again with the supplies at delivery.
Government Technical Representative
Identify additional materials as potentially hazardous and requiring safety controls when they are not otherwise captured by the standard hazardous-materials criteria.
Safety Officer or Designated Individual
Receive and use the MSDS information to support hazard communication, workplace controls, and employee safety measures.
Practical Implications
Contractors should identify hazardous materials early, because MSDSs may be needed before award, not just after contract start.
A common pitfall is assuming only items explicitly labeled as hazardous under the standard require data; the Government can also require MSDSs for other materials designated as potentially hazardous.
For non-DoD agencies, contractors should plan for a second MSDS submission at delivery so the receiving activity has the documents on hand.
Contracting officers should not treat MSDS collection as a paperwork formality; the documents must be routed to the safety function, where they are actually used.
Because Federal Standard No. 313 may be revised during the contract term, contractors should monitor updates and ensure their submissions stay current with the applicable version.
Official Regulatory Text
(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.