DCHAS-L Archives, Sep 05 2018 - Re: [DCHAS-L] SDS criteria in a Non-OSHA state

Thank you to everyone for the continued discussion with me on this important matter for me both privately and in this forum.

Peter,

Thank you for the clarification. Well said. It is not my intention to confuse people by the use of house jargon.

Edward,

The portion from =A7 8-7-1006 “ If a material safety data sheet for a hazardous chemical is not readily available upon request, an employee or his designated representative may submit a written request for the material safety data sheet to the public employer” is very scary text to me. When is “If”? If these people decided it is too much trouble? (Trouble will undoubtedly happen if they don’t.) This might be where the Arkansas Department of labor could expand of the interpretation as suggested by James A. Kaufman.

Again Thank you,

Tammy

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of Edward Movitz
Sent: Wednesday, September 5, 2018 8:52 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] SDS criteria in a Non-OSHA state

Arkansas Code =A7 8-7-1006 (2017) details the requirements for public (State) employers to maintain and make available SDS sheets to employees. However, any similarity to Federal regulations disappear faster than free beer at a family reunion..

The Arkansas laws begin with the expected:

Chemical manufacturers and distributors shall provide public employers which purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material safety data sheet for the hazardous chemical is updated.

As well as the usual:

Material safety data sheets shall be readily available upon request to employees and their designated representatives.

However, the Arkansas laws list a number of available exceptions that may allow employers to avoid many common SDS requirements…

Safety Code No. 12 - Public Employee's Chemical Right to Know Act

https://www.labor.arkansas.gov/Websites/labor/images/Chemical%20Right%20to%20Know.pdf

2017 Arkansas Code Title 8 Chapter 7 Subchapter 10 - Public Employees' Chemical Right to Know Act

https://law.justia.com/codes/arkansas/2017/title-8/chapter-7/subchapter-10/section-8-7-1004/

(1) If a material safety data sheet for a hazardous chemical is not readily available upon request, an employee or his designated representative may submit a written request for the material safety data sheet to the public employer. The employer, within three (3) business days, either shall furnish a copy of the requested material safety data sheet to the requester or, if the requested material safety data sheet is not in the employer's possession, shall demonstrate to the requester that the employer has made an effort to obtain the material safety data sheet from the distributor, manufacturer, or other source.

(2) If after two (2) weeks from receipt of the request the public employer has not furnished the requester with the requested material safety data sheet, the employer shall not require the employee to work with the hazardous chemical for which the material safety data sheet was requested until the material safety data sheet is furnished, unless:

(A) The manufacturer of the substance for which the material safety data sheet was requested furnishes a written statement that the substance is not a hazardous chemical as defined in =A7 8-7-1003;

(B) The employer can demonstrate to the employee that the material safety data sheet cannot be obtained through no fault of the employer; or

(C) The employer can demonstrate to the employee that the material safety data sheet will be furnished by a date specified by the employer within one (1) additional week, provided that the employee shall not be required to work with the hazardous chemical if the material safety data sheet is not furnished by the date specified.

Edward M.. Movitz

Research & Environmental Compliance Officer / FSO

The University of Mississippi

Laboratory Services

P.O. Box 1848

100 Health and Safety Building

University, MS 38677-1848

U.S.A.

+1-662-915-5433

movitz**At_Symbol_Here**olemiss.edu | safety.olemiss.edu

From: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU> on behalf of Tammy M. Lutz-Rechtin <tlutzrec**At_Symbol_Here**UARK.EDU>
Sent: Tuesday, September 4, 2018 5:44 PM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: [DCHAS-L] SDS criteria in a Non-OSHA state

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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