Tammy,

I assume that you know this, but I'm posting this clarification so that others are not confused. When you say Arkansas is a "non-OSHA" state, you mean that OSHA rules do not apply to public sector employers in Arkansas. OSHA rules do apply to all private sector employers in Arkansas and indeed, nationwide. And in many states, OSHA rules do apply to public sector employers.

Another source of confusion is that 25 states run their own OSHA programs (some only for public sector employees), whereas Federal OSHA enforces the law in the other states. This is a helpful list: https://safety.blr.com/workplace-safety-news/safety-administration/OSHA-Occupational-Safety-and-Health-Administration/Federal-vs.-state-OSHA-Do-you-understand-the-diffe/

In my experience, some state OSHA programs poorly enforce the rules. Even when public sector employees are covered, some state OSHA programs poorly enforce the rules for public sector employees.

Many people on this list are associated with public universities. At many public universities in the U.S.., OSHA is either not applicable or not enforced. For example, many public universities are not required to have a Chemical Hygiene Plans or comply OSHA standards for exposures, fall protection, machine guarding, etc. And while I am at it, note also that many states statutorily limit liability for public employers, so safety professionals at those public universities lose the ability to argue for safety improvements based on compliance or liability; there are administrators who only care about those things. Off my soapbox!

Pete Reinhardt, Yale EHS

203-737-2123

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of ILPI Support
Sent: Tuesday, September 04, 2018 7:39 PM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] SDS criteria in a Non-OSHA state

I have summaries of the "ready access" requirement and electronic access here:

http://www.ilpi.com/msds/faq/partd.html#readyaccess

http://www.ilpi.com/msds/faq/partd.html#paperless

As you can see, a web link alone is NOT acceptable, because you can not guarantee Internet connectivity in an emergency situation. There needs to be a backup.

OSHA constitutes minimum best practices, so no, it really is not up for interpretation because you would presumably be hit over the head with it in litigation if you didn't follow it.

Rob Toreki

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On Sep 4, 2018, at 6:44 PM, Tammy M. Lutz-Rechtin <tlutzrec**At_Symbol_Here**UARK.EDU> wrote:

All,

There may already be a thread on this particular topic. If so, please refer me to it.

The entire issue of what access to safety data sheets means is in current debate among some at my institution. We are a "non-OSHA" state but do have a "Right to Know" Act. Our chemical hygiene plan states that one must " Maintain accurate and timely Safety Data Sheets (SDS's) readily available in the Laboratory to communicate the hazards of hazardous chemical products." Some people have taken this to mean that a web link is all they need instead of a printed copy of the SDS or a copy on an electronic database.

It is best practice, to have immediate access to an SDS in case of emergency. On-site paper copy is best, followed by an electronic version accessible on-site with an off-site backup for either. Given the we are not an OSHA state, is immediate access up for interpretation? The employee should be able to request a copy of the SDS, but can someone then do a google search first before handing the requester a copy? My common sense say "no" but what do I have besides OSHA to argue against this approach. I suspect the "Right to Know" Act, but it does not clearly define immediate access.

Tammy Rechtin

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