(a) Each employer shall obtain or develop a material safety data sheet for each hazardous chemical or toxic substance which it manufactures, uses or stores, which shall contain at least the following information:
(1) The identity used on the label and except as provided for in Section 777.15 concerning trade secrets:
A. If the hazardous chemical is a single substance, its chemical and common name(s);
B. If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself; or
C. If the hazardous chemical is a mixture which has not been tested as a whole:
1. The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise one percent (1%) or greater of the composition, except that chemicals identified as carcinogens shall be listed if the concentrations are one-tenth percent (0.1%) or greater; and
2. The chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture;
(2) Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point);
(3) The physical hazards of the hazardous chemical, including the potential for fire, explosion and reactivity;
(4) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical;
(5) The primary route(s) of entry;
(6) The OSHA permissible exposure limit, AGGIH Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer or employer preparing the material safety data sheet, where available;
(7) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (ARC) Monographs (latest editions), or by OSHA;
(8) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment and procedures for clean-up of spills and leaks;
(9) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices or personal protective equipment;
(10) Emergency and first aid procedures;
(11) The date of preparation of the material safety data sheet or the last change to it; and
(12) The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.
(b) If no information is provided for any given category on the material safety data sheet submitted by the employer, it shall be marked to indicate no information was supplied.
(c) The employer shall update the material safety data sheet within ninety days of the time employer is notified by the preparer of the MSDS or within ninety days of the time the employer becomes aware of any new and significant information regarding the health hazard of a chemical.
(d) The employer shall maintain copies of the most recent required material safety data sheets and shall provide one copy to any employee, designated representative, or the Fire Department by the close of business on the next weekday following a request made to the appropriate company representative.
(e) If an MSDS is not available from a supplier, seller or manufacturer of a toxic or hazardous substance or mixture, then upon a request from any employee, designated representative, or the Fire Department to inspect or for a copy of the MSDS, an employer who is only a processor, user or storer of the toxic or hazardous substance or mixture shall be deemed to satisfy his obligations under this section if:
(1) Within ten working days of the request the employer makes a written inquiry to the supplier, seller or manufacturer requesting an MSDS or equivalent information. If the employer has made such a written inquiry in the preceding six months, then an additional inquiry need not be made;
(2) The employer notifies the person or entity making the request in writing, of the date that the inquiry was made, to whom it was made, and the response, if any, received; and
(3) The employer notifies the person or entity making the request of the availability of the MSDS within ten working days of receipt of the MSDS from the supplier, seller or manufacturer, or provides a copy of the MSDS to the person or entity making the request within ten working days of the receipt of the MSDS.
(Ord. 11-85. Passed 1-14-85; Ord. 152-86. Passed 7-14-86.)