(a) Each employer shall obtain a material safety data sheet for each hazardous chemical or toxic substance which it manufactures, uses, or stores. Each material safety data sheet shall be entitled as such and contain the following information:
(1) The identity used on the label, and, except as provided in Section 393.17 governing trade secrets:
A. If the hazardous chemical is a single substance, or a mixture which has been tested as a whole to determine its hazards, its chemical and common names;
B. If the hazardous chemical is a mixture which has not been tested as a whole, the chemical and common names of all ingredients set forth on the list promulgated pursuant to Section 393.04 and which comprise greater than one percent (1%) of the composition, or one tenth of one percent (0.1%) of the composition for chemicals on said list determined to be carcinogens; and
C. The chemical and common names of all ingredients set forth on the list pursuant to Section 393.04 which have been determined to be physical hazards.
(2) The physical and chemical characteristics of the hazardous chemicals including flash point, vapor pressure, vapor density, solubility, specific gravity;
(3) The fire and explosion data of the hazardous chemical, including flammability limits, autoignition temperature, extinguishing media, special fire fighting procedures, and unusual fire and explosion hazards;
(4) The reactivity characteristics including stability, hazardous decomposition products, incompatibility with other materials, and whether the hazardous chemical will polymerize or not;
(5) The known acute and chronic health effects of exposure to 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;
(6) The primary route(s) of entry into the body and OSHA permissible exposure limit, ACGIH 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 (IARC) Monographs (latest edition), or by OSHA. (Such list shall be on file in the Fire Division);
(8) Any generally applicable precautions for safe handling and use which are known to the employer or preparer, 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 first aid procedures;
(11) The date of preparation of the material safety data sheet or the last change to it;
(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 and appropriate emergency procedures, if necessary;
(13) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer shall mark it to indicate that no applicable information was found;
(14) Where complex mixtures have similar hazards and contents (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one (1) material safety data sheet to apply to all these similar mixtures;
(15) The employer shall update the material safety data sheet within ninety (90) days of the time the employer is notified by the preparer of the MSDS or within ninety (90) days of the time the employer becomes aware of any new and significant information regarding the health hazard of a chemical.
(b) The employer shall maintain copies of the most recent required material safety data sheet in each workplace and shall ensure that they are readily accessible to employees during each work shift.
(c) The employer shall provide one (1) copy of a material safety data sheet to any employee, designated representative, or the Fire Division by the close of business on the next workday following a written request made to the appropriate company representative.
(d) The provisions of Subsection (c) hereof shall not apply to employers engaged in the business of construction provided such employers ensure that copies of the material safety data sheets for each toxic or hazardous substance are available during all hours of operations.
(e) If an MSDS is not available from a supplier, seller or manufacturer of a toxic or hazardous substance or mixture, then upon an employee’s or an employee representative’s request to inspect 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 or her obligations under this section if:
(1) Within ten (10) working days of the employee’s 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 an inquiry in the preceding six (6) months, then an additional inquiry need not be made;
(2) The employer notifies the employee, 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 employee of the availability of MSDS within ten (10) working days of receipt of the MSDS from the supplier, seller or manufacturer, or provides a copy of the MSDS to the employee within ten (10) working days of the receipt of the MSDS.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)