(a)

1. (1) Chemical manufacturers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import.

2. (2) Employers shall:

   1. (A) Have a material safety data sheet for each hazardous chemical which they use; and
   2. (B) Obtain or develop a material safety data sheet for each hazardous chemical they reproduce or generate.

(b) Each material safety data sheet shall be in English and shall contain at least the following information:

1. (1) The identity used on the label, and, except as provided for in 8 CAR § 100-109 on trade secrets:

   1. (A) If the hazardous chemical is a single substance, its chemical and common name;
   2. (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the:

(i) Chemical and common names of the ingredients which contribute to these known hazards; and

1. (ii) Common name of the mixture itself; or

   1. (C) If the hazardous chemical is a mixture which has not been tested as a whole:

      1. (i) The chemical and common names of all ingredients which have been determined to be health hazards, and which comprise one percent (1%) or greater of the composition, except that chemicals identified as carcinogens under 8 CAR § 100-104(d) shall be listed in the concentrations are one-tenth percent (0.1%) or greater;
      2. (ii) The chemical and common names of all ingredients which have been determined to be health hazards, and which comprise less than one percent (1%), (one-tenth percent (0.1%) for carcinogens), of the mixture, if there is evidence that the ingredients could be released from the mixture in concentrations which:

(b) (b) Could present a health hazard to employees; and

1. (iii) The chemical and common names of all ingredients which have been determined to present a physical hazard when present in the mixture;
2. (2) Physical and chemical characteristics of the hazardous chemical, such as vapor pressure or flash point;

3. (3) The physical hazards of the hazardous chemical, including the potential for:

   1. (A) Fire;
   2. (B) Explosion; and
   3. (C) Reactivity;

4. (4) The health hazards of the hazardous chemical, including:

   1. (A) Signs and symptoms of exposure; and
   2. (B) Any medical conditions which are generally recognized as being aggravated by exposure to the chemical;
5. (5) The primary route or routes of entry;
6. (6) The United States Occupational Safety and Health Administration permissible exposure limit, ACGIH threshold limit value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available;

7. (7) Whether the hazardous chemical is listed in the National Toxicology Program (NTP), Annual Report on Carcinogens, latest edition, or has been found to be a potential carcinogen:

   1. (A) In the International Agency for Research on Cancer (IARC), Monographs, latest edition; or
   2. (B) By the United States Occupational Safety and Health Administration;

8. (8) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer, or employer preparing the material safety data sheet, including:

   1. (A) Appropriate hygienic practices;
   2. (B) Protective measures during repair and maintenance of contaminated equipment; and
   3. (C) Procedures for clean up of spills and leaks;

9. (9) Any generally applicable control measures which are known to the chemical manufacturer, importer, or employer preparing the material safety data sheet, such as appropriate:

   1. (A) Engineering controls;
   2. (B) Work practices; or
   3. (C) Personal protective equipment;
10. (10) Emergency and first-aid procedures;
11. (11) The date of preparation of the material safety data sheet or the last change to it; and

12. (12) The name, address, and telephone number of the chemical manufacturer, importer, employer, or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

    1. (c) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found.

       1. (d) Where complex mixtures have similar hazards and contents, i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture, the chemical manufacturer, importer, or employer may prepare one (1) material safety data sheet to apply to all of these similar mixtures.

(e)

1. (1) The chemical manufacturer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination.
2. (2) If the chemical manufacturer or employer preparing the material safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three (3) months.
3. (3) If the chemical is not currently being produced or imported, the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced into the workplace again.

(f)

1. (1) Chemical manufacturers shall ensure that distributors and employers are provided an appropriate material safety data sheet with:

   1. (A) Their initial shipment; and
   2. (B) The first shipment after a material safety data sheet is updated.

2. (2) The chemical manufacturer shall either:

   1. (A) Provide material safety data sheets with the shipped containers; or
   2. (B) Send them to the employer prior to or at the time of the shipment.
3. (3) 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.

(g) The employer shall:

1. (1) Maintain copies of the required material safety data sheets for each hazardous chemical in the workplace; and
2. (2) Ensure that they are readily accessible during each work shift to employees and their designated representatives.

(h)

1. (1) Where employees must travel between workplaces during a work shift, i.e., their work is carried out at more than one (1) geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility.
2. (2) In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.

3. (3) 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.

   1. (i)

4. (1) Material safety data sheets may be:

   1. (A) Kept in any form, including operating procedures; and
   2. (B) 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.

5. (2) However, the employer shall ensure that in all cases the required information is:

   1. (A) Provided for each hazardous chemical; and
   2. (B) Readily accessible during each work shift to employees when they are in their work area or areas.

(k)

1. (1) If an MSDS for a hazardous chemical is not readily available upon request, an employee or his or her designated representative may submit a written request for the MSDS to the public employer.

2. (2) The employer, within three (3) business days, either:

   1. (A) Shall furnish a copy of the requested MSDS to the requester; or
   2. (B) 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.

3. (3) 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:

   1. (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 Arkansas Code § 8-7-1003;
   2. (B) The employer can demonstrate to the employee that the MSDS cannot be obtained through no fault of the employer; or
   3. (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 chemical if the MSDS is not furnished by the date specified.

4. (4)

   1. (A) If an employee declines to work with a hazardous chemical as authorized by this part, he or she shall not be penalized.
   2. (B) Reassignment of an employee to other work, at equal pay and benefits, shall not be considered a penalty under this part.