Does Cumberland Swan need to provide an MSDS for their product, Gentian Violet?
Response: Yes, an MSDS is required for Gentian Violet, which is considered a hazardous chemical under the HCS. As an initial matter, cosmetics, such as Gentian Violet, labeled pursuant to the Federal Food, Drug and Cosmetic Act are exempt from the labeling provisions of the HCS. 29 CFR 1910.1200(b)(5)(iii). Cosmetics packaged for sale to consumers in a retail establishment and those intended for personal consumption by employees in the workplace are not covered by the HCS only if these conditions are met, 29 CFR 1910.1200(b)(6)(viii). However, cosmetics such as Gentian Violet are covered when they contain hazardous chemicals and used in an occupational setting such as a medical office where employees are exposed to the product repeatedly during work. At your facility, employees are exposed whenever they use the product on the patients and, therefore, must be made aware of the hazards and recommended protective measures through an MSDS even if it is considered a cosmetic. In the event y
