Public Employees' Chemical Right To Know Act Page 11
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31(5)
If a hazardous chemical is transferred from the original container
to another container, the employer shall reproduce or otherwise place on the
container to which the hazardous chemical was transferred the information
required by 12-(f)(2). However, if such hazardous chemical is regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code ''
136 et seq., or the Arkansas Pesticide Control Act, Arkansas Code '' 2-16-401 et
seq., then such employer shall reproduce on the container to which such
hazardous chemical was transferred the chemical name or common name on the
original container.
(6)
The employer shall ensure that labels or other forms of warning are
legible, in English, and prominently displayed on the container. Employers having
employees who read only other languages shall add the information in their
language to the material presented.
12-(g) MATERIAL SAFETY DATA SHEETS
(1)
Chemical manufacturers shall obtain or develop a material safety data
sheet for each hazardous chemical they produce or import. Employers shall have a
material safety data sheet for each hazardous chemical which they use. Employers shall
obtain or develop a material safety data sheet for each hazardous chemical they reproduce
or generate.
(2)
Each material safety data sheet shall be in English and shall contain at
least the following information:
(i)
The identity used on the label, and, except as provided for in
regulation 12-(i) on trade secrets:
(A)
If the hazardous chemical is a single substance, its
chemical and common name(s);
(B)
If the hazardous chemical is a mixture which has been
tested as a whole to determine its hazards, the chemical and common name(s) of the
ingredients which contribute to these known hazards, and the common name(s) of the
mixture itself; or,
(C)
If the hazardous chemical is a mixture which has not been
tested as a whole: (1) The chemical and common name(s) of all ingredients which have
been determined to be health hazards, and which comprise 1% or greater of the
composition, except that chemicals identified as carcinogens under regulation 12-(d)(4)
shall be listed in the concentrations are 0.1% or greater; and, (2) The chemical and
common name(s) of all ingredients which have been determined to be health hazards, and
which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence
that the ingredient(s) could be released from the mixture in concentrations which would
exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or
could present a health hazard to employees; and, (3) The chemical and common name(s)
of all ingredients which have been determined to present a physical hazard when present
in the mixture;
(ii)
Physical and chemical characteristics of the hazardous chemical
(such as vapor pressure, flash point);
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