The Safety Data sheet (SDS) it is the main tool of communication along the supply chain of chemicals (substances and mixtures) in order to enable safe use.
Par. 0.2.1. Annex II to Regulation (EC) no. 1907/2006 (REACH)
The safety data sheet shall enable users to take the necessary measures relating to human health and safety in the workplace, and the protection of the environment. Those who fill in the SDS must keep in mind that this sheet must inform its audience of the hazards of a substance or a mixture and provide information on how to store, handle and safely dispose of the substance or mixture in question.
Par. 0.2.3. Annex II to Regulation (EC) no. 1907/2006 (REACH)
The information contained in the SDS must be written in a clear and concise manner.
The SDS must be completed by a competent person taking into account the specific needs and knowledge of the user, if known. Suppliers of substances and mixtures shall ensure that such competent persons have received appropriate training including refresher courses.
It defines the technical and competent graduates with at least 3 years of working experience or a graduate with at least 6 years of experience in the job.
Liability art. 2043 c.c. Of the legal representative
No. 11:
... The responsibility of the information in these items lies with the person responsible for placing the preparation on the market.
Liability Art. 2043-2049 c.c., possible culpa in eligendo.
No. 1176 c.c. Diligence in the performance
In fulfilling the obligation, the debtor must use the diligence of a good father of a family. In the fulfilment of the obligations relating to the exercise of a professional activity and diligence should be assessed with regard to the nature of their business.
No. 2236 c.c. Responsibility of the service provider
If the performance involves the solution of technical problems of special difficulty, the service provider is not liable for damages, except in case of intent or gross negligence.
The responsibility of the update of the SDS is in the head to the supplier, while the responsibility for the SDS missing-in-chief to the user. (Principle of “maximum security is technologically possible”).
The supplier of a substance or mixture for which it is prescribed, the SDS are responsible for its content, even if they have not been their in the first person to prepare such SDS.
Art 31.8) of the REACH Regulation
A safety data sheet is provided free of charge on paper or in electronic form by the date of supply of the substance or mixture.
In this context, the word “provided” is to be understood as a positive duty on the supplier to actually deliver the SDS, rather than make it available in a passive manner.
Article 31.5 of the REACH Regulation
The SDS is provided in the official languages of the member state on whose market the substance or mixture is placed, except when the member State or member States concerned have agreed otherwise.