(a) Each employer shall obtain or develop a material safety data sheet for each hazardous chemical which it manufactures, uses or stores. Each material safety data sheet shall contain at least the following information:
(1) The identity used on the label, and, except as provided in Section 632.14 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, the chemical and common names of all ingredients set forth on the list promulgated pursuant to Section 632.05, which ingredients comprise greater than one percent of the composition, or 0.1 percent of the composition for chemicals determined to be carcinogens; and
C. The chemical and common names of all ingredients set forth on the list promulgated pursuant to Section 632.05, which ingredients have been determined to be physical hazards;
(2) The physical and chemical characteristics of the hazardous chemical(such as flash point and vapor pressure), including the potential for fire, explosion and reactivity;
(3) 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;
(4) The primary route of entry and permissible exposure limit (P.E.L.) for those hazardous chemicals for which O.S.H.A. has promulgated a P.E.L.;
(5) Any precautions for safe handling and use which are known by 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;
(6) Any control measures which are known to the employer or preparer, such as appropriate engineering controls, work practices or personal protective equipment;
(7) Emergency and first aid procedures;
(8) The date of preparation of the material safety data sheet or the date of the last change to it; and
(9) The name, address and telephone number of the employer or preparer of the sheet.
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 that no information was supplied.
The employer shall update the material safety data sheet within ninety days of being notified by the preparer of the MSDA or within ninety days of becoming aware of any new and significant information regarding the health hazard of a chemical.
(b) The employer shall maintain copies of the most recent material safety data sheets and shall provide one copy to any employee or designated representative or to the Erie County Health Commission by the close of business on the next weekday following a request made to the appropriate company representative.
(c) Subsection (b) hereof shall not apply to employers engaged in the business of construction or reconstruction, provided that such employers ensure that copies of the material safety data sheets for each hazardous substance are available during all hours of operation.
(d) If a material safety data sheet is not available from a supplier, seller or manufacturer of a hazardous chemical, then upon an employee's request to inspect the material safety data sheet, an employer who is merely a processor, user or storer of the hazardous chemical shall be deemed to satisfy his or her obligations under this section, if:
(1) Within ten working days of the employee's request the employer makes a written inquiry to the supplier, seller or manufacturer requesting a material safety data sheet 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 employee, in writing, of the date that the inquiry was made, to whom it was made and the response, if any, received.
(3) The employer notifies the employee of the availability of the material safety data sheet within ten working days of receipt of the material safety data sheet from the supplier, seller or manufacturer, or provides a copy of the material safety data sheet.
(e) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 85-50. Passed 9-16-85.)