Responsibilities for Donation of Hazardous Materials

DOE-HDBK-1139/3-2005

Sources11

Consolidated Requirements12

acquire hazardous materials without first confirming

eligible donees (see definition) for these products.

4.5.1.3 Surplus chemicals identified as hazardous may be

41CFR101-42.301(a)

donated provided the donee is warned about the

hazardous nature of the product via MSDS, HMIS data,

or equivalent safety documentation and is provided with

special handling information.

4.5.1.4 The donee shall sign a required certification as prescribed

41CFR101-42.301(b)

in 41CFR101-42.301(b) to the effect that he/she is aware of

the hazards associated with the chemical product and that

he/she is legally responsible for the use, storage, handling,

transport and disposal of the hazardous material(s).

4.5.2 Responsibilities for Donation of Hazardous Materials - The

41CFR101-42.202;

holding agency (i.e., DOE) shall be responsible for the

41CFR101-42.203;

identification and reporting of hazardous materials as stated in

41CFR101-42.302(a)

41CFR101-42.202 and 41CFR101-42.203 (see Section 4.1.3,

above).

4.5.2.1 The State Agency for Surplus Property (SASP) or the

29CFR1910.1200;

donee, when applicable, shall prepare Standard Form

41CFR101-42.302(b);

(SF) 123 (Transfer Order Surplus Personal Property). A

full description of the actual or potential hazard

Standard Form 123

associated with handling, storage, or use of the item must

be provided with an MSDS, HMIS data, or an equivalent

document that complies with the requirements of the

OSHA Hazard Communication Standard.

4.5.2.2 The SASP and/or donee shall sign the certification

41CFR101-42.301(b);

stipulated in 41CFR101-42.301(b) and forward it with the

41CFR101-42.302(b);

SF 123 to the GSA regional office. The certification is an

acknowledgment by the donee of the legal transfer of

SF 123

custody of the hazardous material from the DOE

organization and the acceptance of liabilities it may entail

to the donee.

4.5.2.3 Donation of surplus hazardous material distributed by the

41CFR101-42.301(b);

SASP to the donee shall be effected by the use of State

41CFR101-42.303;

agency distribution document. The donee shall also sign

the required certification (see Section 4.5.2.2, above).

4.5.2.4 DOE and DOE contractors shall obtain approval from the

41CFR101-42.302(c)

GSA regional office to transfer hazardous materials for

donation.

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