(a) Defined. Generally referred to as a "safety data
sheet" (SDS), a material safety data sheet is a document containing
chemical hazard and safe handling information that is prepared in
accordance with the requirements of the Occupational Safety and Health
Administration (OSHA) standard for that document. In the case of a
chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide
Act, 7 United States Code §§136 et seq., for which an SDS
is both unavailable and not required under the federal OSHA hazard
communication standard, a product label, or other document equivalent
to an SDS, which contains precautionary statements, such as hazards
to humans and domestic animals, and environmental, physical, or chemical
hazards, including warning statements, may serve as an SDS.
(b) Responsibilities of manufacturers and distributors.
(1) A registrant, chemical manufacturer, or distributor
shall provide the most current appropriate SDS, product label, or
equivalent documentation to any person in this state to whom that
entity distributes a covered pesticide chemical.
(2) A chemical manufacturer or distributor shall provide,
in a timely manner, the most current appropriate SDS to covered employers
upon request.
(3) A registrant or chemical manufacturer shall ensure
that all SDSs for all covered pesticide chemicals that entity distributes
are correct and current.
(4) A registrant shall provide with the registration
application a copy of the most current appropriate SDS for each pesticide
for which the registrant is applying for registration.
(5) A chemical manufacturer or distributor shall submit
to the department a copy of the most current appropriate SDS for all
fertilizers with covered pesticide chemicals.
(6) Retail outlets that distribute pesticide chemicals
to the general public only for nonagricultural purposes are exempted
from this section.
(c) Responsibilities of covered employers.
(1) A covered employer is responsible for obtaining
and maintaining the most current appropriate SDS, product label, or
equivalent documentation for each covered pesticide chemical the covered
employee buys, applies, or causes another to apply.
(2) A covered employer who has not been provided with
an SDS for a covered pesticide chemical shall request the most current
appropriate SDS product label, or equivalent documentation in writing
from the manufacturer or distributor in a timely manner.
(3) A covered employer shall make an SDS, product label,
or equivalent documentation for covered pesticide chemicals accessible
to agricultural laborers, designated representatives, treating medical
personnel, members of the community, the department, and emergency
personnel in the same manner as the workplace chemical list is to
be made accessible to those persons in §8.7(c) of this chapter
(relating to Workplace Chemical List).
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