Public Employees' Chemical Right To Know Act Page 13
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31(6)
Chemical manufacturers shall ensure that distributors and employers are
provided an appropriate material safety data sheet with their initial shipment, and with
the first shipment after a material safety data sheet is updated.
The chemical
manufacturer shall either provide material safety data sheets with the shipped containers
or send them to the employer prior to or at the time of the shipment. If a material safety
data sheet is not provided with the shipment that has been labeled as a hazardous
chemical, the public employer shall request one in writing from the chemical manufacturer
or distributor within five (5) business days.
(7)
The employer shall maintain copies of the required material safety data
sheets for each hazardous chemical in the workplace, and shall ensure that they are
readily accessible during each work shift to employees and their designated
representatives.
(8)
Where employees must travel between workplaces during a workshift, i.e.,
their work is carried out at more than one geographical location, the material safety data
sheets may be kept at a central location at the primary workplace facility. In this
situation, the employer shall ensure that employees can immediately obtain the required
information in an emergency. While material safety data sheets may be maintained at a
central location in the primary workplace facility, a representative of the employer must
be available at the central location to respond to requests for emergency information via
telephone or other means.
(9)
Material safety data sheets may be kept in any form, including operating
procedures, and may be designed to cover groups of hazardous chemicals in a work area
where it may be more appropriate to address the hazards of a process rather than
individual hazardous chemicals. However, the employer shall ensure that in all cases the
required information is provided for each hazardous chemical, and is readily accessible
during each work shift to employees when they are in their work area(s).
(10)
Material safety data sheets shall also be made readily available, upon
request, to employees, their designated representatives and the Director.
(11)
(i)
If an MSDS for a hazardous chemical is not readily available upon
request, an employee or his designated representative may submit a written request for
the MSDS to the public employer. The employer, within three (3) business days, either
shall furnish a copy of the requested MSDS to the requester or, if the requested MSDS is
not in the employer's possession, shall demonstrate to the requester that the employer
has made an effort to obtain the MSDS from the distributor, manufacturer, or other
source.
(ii)
If after two (2) weeks from receipt of the request the public
employer has not furnished the requester with the requested MSDS, the employer shall not
require the employee to work with the hazardous chemical for which the MSDS was
requested until the MSDS is furnished, unless:
(A)
The manufacturer of the substance for which the MSDS
was requested furnishes a written statement that the substance is not a hazardous
chemical as defined in Ark. Code Ann. '' 8-7-1003; or
(B)
The employer can demonstrate to the employee that the
MSDS cannot be obtained through no fault of the employer; or
(C)
The employer can demonstrate to the employee that the
MSDS 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
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