§ 33.275 MATERIAL SAFETY DATA SHEETS (MSDS).
   (A)   Each department designee listed in this program is in charge of MSDS acquisition for their department. Material Safety Data Sheets are the keystone to a successful hazard communication program. MSDSs are designed to provide the information needed to handle chemicals safely. They provide the necessary information for training, hazard evaluation, proper handling, emergency procedures, and employee personal protective equipment. The following procedures will be implemented to ensure that the city maintains a MSDS for all chemicals identified on the hazard communication chemical list and the chemical purchase list. Chemical manufacturers, importers, or distributors supplying the city with products are required by law to send MSDSs with the first shipment. As MSDSs are checked off against the chemical inventory, missing MSDSs should be requested first by telephone from the manufacturer, importer or distributor of the chemical. A written record of the phone call, including the name of the contact person, should be placed in a special file. If the telephone request is not successful, a formal letter should be written to request the MSDS. A copy should be placed in the special file.
   (B)   The MSDS designated employee will document all attempts to obtain all MSDSs.
   (C)   The designated employee for each department will require a MSDS for each new chemical purchased, as well as updated MSDSs for existing chemicals.
   (D)   If it is not possible to obtain a MSDS for a chemical, the following action will need to be taken by the MSDS designated employee: contact the department head about using a new or alternate chemical which has an available MSDS.
   (E)   MSDSs for chemicals which are part of an employee exposure record, but no longer used shall be filed by the MSDS designated employee. An exposure record concerns information when an employee is exposed to a chemical. A more complete definition can be found in 29 CFR 1910. 20 (c) (8) and (10). If the MSDS was involved with an employee exposure record, the MSDS must be handled in one of the following methods:
      (1)   Kept in an "old MSDS" file with a reference to the exposure record; or
      (2)   Kept with the exposure record with a reference, or copy in the "old MSDS" file.
   (F)   Old MSDSs linked to an exposure record must be maintained for at least 30 years.
   (G)   MSDSs for chemicals no longer used and not linked to an employee exposure record will be maintained in one of two ways:
      (1)   Place the old MSDS in a special "old MSDS" file; or
      (2)   Make a record of the MSDS and maintain it for 30 years (as per 1910.20 (d) (1) (ii) (B) and referenced by 1926.33) with the following information:
         (a)   Identity (chemical name if known);
         (b)   Where used (site and building); and
         (c)   When used.
   (H)   A glossary of MSDS terms is found in § 33.273.
   (I)   Updated MSDSs and new MSDSs will be immediately placed in binders in the locations the chemicals are used listed in this program and be available to employees at all times.
   (J)   The employer will rely on each chemical manufacturer's testing and hazard evaluation of chemical products used throughout the facility. The MSDS designated employee will ensure that MSDSs are supplied and that information contained on all MSDSs is complete.
(Ord. 51-2005, passed 11-8-05)