(a) Chemical manufacturers and distributors shall provide non-manufacturing employers who purchase a hazardous chemical from them with an appropriate MSDS prior to or with their initial shipment of the hazardous chemical and with the first shipment after the MSDS for the hazardous chemical is updated.
(b) (1) Non-manufacturing employers shall maintain the most current MSDS received from chemical manufacturers or distributors for each hazardous chemical in the workplace.
(2) If an MSDS has not been provided by the chemical manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the non-manufacturing employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(c) MSDSs shall be readily available, upon request, for review by employees or their designated representatives.
(d) (1) If an MSDS for a hazardous chemical is not readily available, upon request, as required in the OSHA standard or subsection (c), an employee or an individual to whom the employee has given written authorization to exercise the right or a recognized or certified collective bargaining agent for the employees of the workplace involved may submit a written request for the MSDS to the manufacturing or non-manufacturing employer.
(2) The employer shall furnish a copy of the requested MSDS to the requestor within three (3) business days of receipt of the request.
(3) If the requested MSDS is not in the employer's possession, the employer shall, within three (3) business days of receipt of the request, demonstrate to the requestor that an effort has been made to obtain the MSDS from the supplier, manufacturer, the department of labor and workforce development or other source.
(4) If at the end of a two-week period, the employer is still unable to obtain the requested MSDS, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested until the requested MSDS is furnished, unless the employer can demonstrate to the employee that the MSDS will be forthcoming by a date specified by the employer or that the information cannot be obtained through no fault of the employer.
(5) A written statement by the manufacturer of the substance in question that it is not a hazardous chemical as defined in § 50-3-2003 shall fulfill the requirement to supply an MSDS.
(6) If on the date specified by the employer, the MSDS is still unavailable, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested.
(7) In accordance with § 50-3-2012(b), there shall be no penalty for not doing the work with the hazardous chemical, as specified in subdivision (d)(6).
(8) Reassignment of an employee to other work, at equal pay and benefits, shall not be considered a penalty under this section.
(e) A copy of an MSDS shall be provided to the commissioner, upon request.
(a) Chemical manufacturers and distributors shall provide non-manufacturing employers who purchase a hazardous chemical from them with an appropriate MSDS prior to or with their initial shipment of the hazardous chemical and with the first shipment after the MSDS for the hazardous chemical is updated.
(b) (1) Non-manufacturing employers shall maintain the most current MSDS received from chemical manufacturers or distributors for each hazardous chemical in the workplace.
(2) If an MSDS has not been provided by the chemical manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the non-manufacturing employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(c) MSDSs shall be readily available, upon request, for review by employees or their designated representatives.
(d) (1) If an MSDS for a hazardous chemical is not readily available, upon request, as required in the OSHA standard or subsection (c), an employee or an individual to whom the employee has given written authorization to exercise the right or a recognized or certified collective bargaining agent for the employees of the workplace involved may submit a written request for the MSDS to the manufacturing or non-manufacturing employer.
(2) The employer shall furnish a copy of the requested MSDS to the requestor within three (3) business days of receipt of the request.
(3) If the requested MSDS is not in the employer's possession, the employer shall, within three (3) business days of receipt of the request, demonstrate to the requestor that an effort has been made to obtain the MSDS from the supplier, manufacturer, the department of labor and workforce development or other source.
(4) If at the end of a two-week period, the employer is still unable to obtain the requested MSDS, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested until the requested MSDS is furnished, unless the employer can demonstrate to the employee that the MSDS will be forthcoming by a date specified by the employer or that the information cannot be obtained through no fault of the employer.
(5) A written statement by the manufacturer of the substance in question that it is not a hazardous chemical as defined in § 50-3-2003 shall fulfill the requirement to supply an MSDS.
(6) If on the date specified by the employer, the MSDS is still unavailable, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested.
(7) In accordance with § 50-3-2012(b), there shall be no penalty for not doing the work with the hazardous chemical, as specified in subdivision (d)(6).
(8) Reassignment of an employee to other work, at equal pay and benefits, shall not be considered a penalty under this section.
(e) A copy of an MSDS shall be provided to the commissioner, upon request.
(a) Chemical manufacturers and distributors shall provide non-manufacturing employers who purchase a hazardous chemical from them with an appropriate MSDS prior to or with their initial shipment of the hazardous chemical and with the first shipment after the MSDS for the hazardous chemical is updated.
(b) (1) Non-manufacturing employers shall maintain the most current MSDS received from chemical manufacturers or distributors for each hazardous chemical in the workplace.
(2) If an MSDS has not been provided by the chemical manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the non-manufacturing employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(c) MSDSs shall be readily available, upon request, for review by employees or their designated representatives.
(d) (1) If an MSDS for a hazardous chemical is not readily available, upon request, as required in the OSHA standard or subsection (c), an employee or an individual to whom the employee has given written authorization to exercise the right or a recognized or certified collective bargaining agent for the employees of the workplace involved may submit a written request for the MSDS to the manufacturing or non-manufacturing employer.
(2) The employer shall furnish a copy of the requested MSDS to the requestor within three (3) business days of receipt of the request.
(3) If the requested MSDS is not in the employer's possession, the employer shall, within three (3) business days of receipt of the request, demonstrate to the requestor that an effort has been made to obtain the MSDS from the supplier, manufacturer, the department of labor and workforce development or other source.
(4) If at the end of a two-week period, the employer is still unable to obtain the requested MSDS, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested until the requested MSDS is furnished, unless the employer can demonstrate to the employee that the MSDS will be forthcoming by a date specified by the employer or that the information cannot be obtained through no fault of the employer.
(5) A written statement by the manufacturer of the substance in question that it is not a hazardous chemical as defined in § 50-3-2003 shall fulfill the requirement to supply an MSDS.
(6) If on the date specified by the employer, the MSDS is still unavailable, the employee shall not be required to work with the hazardous chemical for which the MSDS was requested.
(7) In accordance with § 50-3-2012(b), there shall be no penalty for not doing the work with the hazardous chemical, as specified in subdivision (d)(6).
(8) Reassignment of an employee to other work, at equal pay and benefits, shall not be considered a penalty under this section.
(e) A copy of an MSDS shall be provided to the commissioner, upon request.
