§ 8-7-1006 - Material safety data sheets.
8-7-1006. Material safety data sheets.
(a) 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.
(b) Public employers shall maintain the most current material safety data sheet received from chemical manufacturers or distributors for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time the chemicals are received at the workplace, the public employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(c) Material safety data sheets shall be readily available upon request to employees and their designated representatives.
(d) (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 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.
(3) If an employee declines to work with a hazardous chemical as authorized by this subsection, he shall not be penalized. Reassignment of an employee to other work at equal pay and benefits shall not be considered a penalty under this subsection.
(e) A public employer, chemical manufacturer, or distributor shall provide a copy of a material safety data sheet to the Director of the Department of Labor upon request.
(f) A public employer, chemical manufacturer, or distributor may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by providing a material safety data sheet for each element or compound in the mixture which is a hazardous chemical or by providing a material safety data sheet for the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) material safety data sheet for that element or compound is necessary.