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(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)
(a) Employers shall provide employees with information and training on hazardous chemicals and toxic substances as listed on the Master List pursuant to Section 393.04 in their work areas at the time of their initial assignment, and whenever a new hazardous chemical or toxic substance listed on said Master List is introduced into their work area. Employees shall be informed of:
(1) The requirements of this chapter;
(2) Any operations in their work area where hazardous chemicals are present; and
(3) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this chapter.
(b) Employee training shall include at least:
(1) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducts by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
(2) The physical and health hazards of the chemicals in the work area;
(3) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;
(4) The details of the hazard communication program developed by the employer, including an explanation of the labeling system, the material safety data sheet, and how employees can obtain and use the appropriate hazard information; and
(5) A copy of Section 393.18 dealing with Employee Rights. This shall be posted in each work area or included in the employee training information.
(c) The employer shall keep a written record of the employee training program. Information on this record shall include a list of employees trained, when the training took place, the name and qualifications of the trainer, and the subjects covered.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
(a) The Fire Division’s responsibilities include inspection of workplaces where hazardous chemicals are used, manufactured or stored, based either on a complaint or a rotating inspection schedule. The Fire Chief or his or her authorized representative upon presentation of proper credentials, may enter any building or premises at all reasonable hours to inspect for compliance with this chapter. No person shall prevent, obstruct or delay any inspection or the performance of any lawful duty of such inspector acting within his or her official capacity. The inspector shall determine whether hazardous chemicals are properly labeled consistent with Section 393.06; shall check a random sample of MSDSs for compliance with Section 393.08; and shall inspect the employee training record required by division (c) of Section 393.09. Inspections should occur regularly, but not necessarily annually.
(b) The Fire Division shall investigate, within five (5) working days of receipt, any complaint in which it is alleged that employees have been ordered to work with substances for which material safety data sheets or proper labels required by this chapter are not provided. Each such complaint shall be in writing, dated, and signed by the complainant.
(c) If, upon inspection, the Fire Division finds violations, it shall give a written violation notice to the employer, stating specific violations, allow an appropriate period of time for corrections, and then return and reinspect. At that time, if all violations have not been corrected, the Fire Division shall have authority to issue a written violation letter and order requiring correction of specifically described deficiencies. Such order may be appealed to the Board of Building Standards and Building Appeals by filing a written notice of appeal and filing fee as provided in Sections 3103.18 and 3103.19 of these Codified Ordinances.
(d) The Fire Division shall maintain a copy of the most recent work area hazardous chemical list required by division (a) of Section 393.07.
(e) The Fire Division shall maintain for public inspection the full list of hazardous and toxic substances promulgated pursuant to Section 393.04 and their health effects.
(f) The Fire Division shall maintain a copy of the work area list for thirty (30) years.
(g) Upon written request, the Fire Division shall provide copies of any work area list or MSDS to members of the public at cost.
(h) The Fire Division shall provide consulting assistance, as feasible, to employers in connection with employee training programs.
(i) Each employer is obligated to comply with this chapter, with or without an inspection by the Fire Division.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
(a) No employer shall store or use hazardous or toxic chemicals unless it has submitted an annual registration form and fee to the Commissioner of Assessments and Licenses. The registration form shall contain a sworn statement that the employer has received and read the Right-to-Know Code and that it has, to the best of its knowledge and ability, complied with all of its provisions.
(b) To cover the monitoring costs under this chapter, the Commissioner of Assessments and Licenses of the City of Cleveland shall collect an annual registration fee based on the following classifications:
(1) For employers with a workplace square footage of zero (0) to one hundred thousand (100,000), the fee shall be two hundred dollars ($200.00);
(2) For employers with a workplace square footage of one hundred thousand one (100,001) to four hundred thousand (400,000), the fee shall be three hundred fifty dollars ($350.00);
(3) For employers with workplace square footage of over four hundred thousand one (400,001) the fee shall be five hundred fifty dollars ($550.00);
(4) For employers with a workplace square footage of zero (0) to one hundred thousand (100,000) and ten (10) or fewer employees, the fee shall be sixty- five dollars ($65.00);
(5) For employers with aggregate toxic or hazardous chemicals of less than twenty-five (25) gallons or two hundred fifty (250) pounds, and no highly hazardous chemicals, the fee shall be sixty-five dollars ($65.00);
(6) Where a workplace contains only one (1) work area, the fee structure shall be based on the square footage of that work area only.
The revenue raised by this fee schedule shall be used to defray the inspection and enforcement costs associated with the implementation of this chapter.
(c) If, after the Fire Division issues an order requiring corrections under division (c) of Section 393.10, another reinspection is required, then the employer shall pay a one hundred dollar ($100.00) reinspection fee, collectible by the City of Cleveland.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) The Board of Building Standards and Building Appeals shall have the power, upon written application by an employer and a hearing as provided by law, to authorize variances from this chapter which will not be contradictory to the public interest or the intent of this chapter, but only where, owing to special conditions pertaining to a specific employer, workplace or work area, the literal enforcement of this chapter would cause undue or unnecessary hardship, or owing to a separately required program of an employer designed to inform or protect workers, an employer is in substantial compliance with this chapter. The Board shall act in accordance with Section 3103.18 of these Codified Ordinances, and may also adopt and promulgate such rules and regulations as are necessary to carry out its duties under this chapter.
(1) A variance for undue or unnecessary hardship shall be preceded by a finding by the Fire Division that the following facts and conditions exist:
A. Exceptional or extraordinary circumstances or conditions apply to the subject employer, workplace or work area. In making a finding on this point, the Fire Division shall consider factors, including but not limited to, extreme temperature, difficulty of access, or lack of a permanent work area or workplace; and
B. The employer has established acceptable alternate methods of providing information about the toxic or hazardous substances involved, such as placards, posting signs in common areas or entry areas, and oral and written communication, which shall be substituted for those requirements that are waived and which will result in substantial compliance with the intent of this chapter.
(2) In considering a variance for a separately required program, the Fire Division shall determine if the following facts and conditions exist:
A. The separately required program will substantially achieve the purposes of this chapter;
B. The labeling used in the program conveys information in a manner substantially equivalent to or better than the labeling requirements of this chapter; and
C. Material Safety Data Sheets which contain substantially the same data as required by this chapter are readily accessible to workers.
(3) In recommending a variance from the literal interpretation and strict application of this chapter, the Fire Division shall impose such requirements and conditions as it may deem essential in order to carry out the intent and purpose of this chapter, and to otherwise safeguard the public health, safety and general welfare.
(b) Variances for undue or unnecessary hardship shall be granted for up to two (2) years from the date of issuance, and may be renewed. Variances granted pursuant to this section for separately required programs shall be reexamined every five (5) years.
(c) When an employer files an application for a variance the employer shall notify its employees and their designated representative(s) of such application by immediately posting a notice of such application. Such posting shall occur in the same manner as provided for in Section 393.05.
(d) If a variance is denied, the employer shall have sixty (60) days to come into compliance with the requirements of this chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
The Law Director, or his or her designee, may institute appropriate legal action as authorized herein, or as may be otherwise available and appropriate either at law or in equity, which may in the judgment of the Law Director be necessary for the enforcement of any order or orders issued pursuant to this chapter, or the abatement of any nuisance or hazard against which such order was directed. Any such suits or proceedings shall be brought in the name of the City of Cleveland and shall neither exclude criminal or penal remedies otherwise authorized by law or exempt any violators of this or any other laws from any penalty or penalties as may be prescribed. This section shall not be construed to eliminate, abridge or detract from any remedies either at law or in equity which any employee or other individual may have arising out of any breach of violations of the provisions of this chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
In any case where a provision of this chapter is found to be in conflict with a provision of any other chapter of the Codified Ordinances existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other chapter or code of the City existing on the effective date of this chapter, which latter provision establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall prevail to the extent of the conflict.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
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