010.06.10-7. MATERIAL SAFETY DATA SHEETS.
AR ADC 010.06.10-7Arkansas Administrative Code
Ark. Admin. Code 010.06.10-7
010.06.10-7. MATERIAL SAFETY DATA SHEETS.
(1) Chemical manufacturers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet for each hazardous chemical which they use. Employers shall obtain or develop a material safety data sheet for each hazardous chemical they reproduce or generate.
(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 1% or greater of the composition, except that chemicals identified as carcinogens under regulation 12-(d)(4) shall be listed in the concentrations are 0.1% or greater, and, (2) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence that the ingredient(s) could be released from the mixture in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees; and, (3) The chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture;
(viii) 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;
(4) 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 material safety data sheet to apply to all of these similar mixtures.
(5) The chemical manufacturer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer or employer preparing the material safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced into the workplace again.
(6) Chemical manufacturers shall ensure that distributors and employers are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer shall either provide material safety data sheets with the shipped containers or send them to the employer prior to or at the time of the shipment. If a material safety data sheet is nor provided with the shipment that has been labeled as a hazardous chemical, the public employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(8) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency. While material safety data sheets may be maintained at a central location in the primary workplace facility, a representative of the employer must be available at the central location to respond to requests for emergency information via telephone or other means.
(9) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s).
(11)(i) If an MSDS for a hazardous chemical is not readily available upon request, an employee or his designated representative may submit a written request for the MSDS to the public employer. The employer, within three (3) business days, either shall furnish a copy of the requested MSDS to the requester or, if the requested MSDS is not in the employer's possession, shall demonstrate to the requester that the employer has made an effort to obtain the MSDS from the distributor, manufacturer, or other source.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 010.06.10-7, AR ADC 010.06.10-7
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