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8-7-1006. Material safety data sheets.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 hazardous 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 public employees and their designated representatives.
(d)(1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public 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 public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical 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 s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1006
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:8-7-1006
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e05a712a86a64ae7750847e1c2993ecff29ad86e85632bcf68f7aa26618ff2d4
Source location: content.xml paragraph 8635
Stored source content
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 hazardous 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 public employees and their designated representatives.
(d)(1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public 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 public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical 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 public employer shall not require the public 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 public employer can demonstrate to the public employee that the material safety data sheet cannot be obtained through no fault of the public employer; or
(C) The public employer can demonstrate to the public employee that the material safety data sheet will be furnished by a date specified by the public employer within one (1) additional week, provided that the public 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 a public employee declines to work with a hazardous chemical as authorized by this subsection, he or she shall not be penalized. Reassignment of a public 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 Division 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1003. Definitions.
(a) As used in this subchapter:
(1) “Chemical manufacturer” means an employer with a workplace where chemicals are produced for use or distribution;
(2) [Repealed.]
(3) “Distributor” means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers;
(4) “Exposure” or “exposed” means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure;
(5) “Hazard Communication Standard” means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. § 1910.1200, as of July 1, 1991;
(6) “Hazardous chemical” means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard;
(7) “Label” or “labeling” means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals;
(8) “Material safety data sheet” means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard;
(9)(A) “Public employee” means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies.
(B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;
(10) “Public employer” means the State of Arkansas and each politi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1003
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-7-1003. This identifies an authority to review, not proof of applicability.