(a) Each employer shall compile and update at least annually a list of all hazardous or toxic chemicals manufactured, used or stored in the workplace. The list shall conform to the requirements of Section 393.05(c) of this chapter or to the requirements of any separately required program which applies in lieu of this chapter. The list shall be filed annually with the Fire Division and made available, at cost, to employees, employee representatives or community representatives.
(b) Each employer shall also forward to the Fire Division, upon request, its written hazard communication program, and any MSDS obtained by it.
(c) Each employer shall immediately report to the Fire Division any information concerning any spill, leak, discharge or emission of any hazardous and/or toxic substance in the workplace of reportable quantities as defined under the U.S. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or “Superfund”) or any other toxic or hazardous chemical included on the list under Subsection 393.07(a) if the spill or discharge exceeds one (1) gallon.
(d) The provisions of Subsections (a), (b) and (c) shall not apply to employers engaged in the business of construction provided such employers are in compliance with the provisions of Section 393.08 of this chapter and the quantity of any industrial toxic or hazardous substance manufactured, used or stored is less than fifty-five (55) gallons of liquid or the equivalent thereof in its solid or gaseous state.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)