Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 41. WORKER AND COMMUNITY RIGHT-TO-KNOW ACT
Date:
08/31/2009
Document:
§ 7304. Obligation of suppliers
(a) LABELING. --Every supplier, as a condition of doing business in this Commonwealth, shall insure that the container of any chemical which is delivered to a point within this Commonwealth or which is produced within this Commonwealth is clearly labeled in the manner required by section 6.
(b) PROVISION OF MATERIAL SAFETY DATA SHEETS. --
(1) All manufacturers, importers or suppliers, as a condition of doing
business in this Commonwealth, shall prepare an MSDS for each hazardous
substance or hazardous mixture they produce or import, and shall ensure
that all purchasers of hazardous substances or hazardous mixtures are
provided an appropriate MSDS with their initial shipment, and with the
first shipment after an MSDS is updated. The manufacturer, importer or
supplier shall further provide an MSDS for any other chemical delivered
to a point within the Commonwealth, if the manufacturer, importer or
supplier produces or possesses such an MSDS.
(2) Distributors shall ensure that MSDS's are provided to all
purchasers of hazardous substances or hazardous mixtures.
Manufacturers, importers, suppliers and distributors shall notify the
recipient of the hazardous substance or hazardous mixture that such
substance is subject to the provisions of this act. In lieu of
physically attaching MSDS's to containers shipped, the manufacturer,
importer, supplier or distributor may mail the MSDS to the purchaser at
the time of the shipment.
(3) Employers shall obtain and maintain MSDS's for each hazardous
substance or hazardous mixture in their workplace. If an MSDS is not
provided with the shipment, the employer shall obtain one from the
manufacturer, importer, supplier or distributor.
(4) Manufacturers, importers or suppliers shall ensure that one copy of
an MSDS for each hazardous substance or hazardous mixture which they
produce within or deliver to a point within this Commonwealth shall be
mailed to the department at the same time as their initial shipment to
an employer within this Commonwealth. In addition, the manufacturer,
importer or supplier shall mail to the department one copy of an MSDS
for any other chemical for which they produce or possess an MSDS, at
the time of the initial shipment of the chemical to an employer within
this Commonwealth. An additional submission of an MSDS shall be made
at the time of the first shipment to an employer within this
Commonwealth after an MSDS is updated. In this manner, or upon its own
initiative, the department shall compile a complete file of all MSDS's
for each hazardous substance, hazardous mixture and appropriate
chemical that is produced or distributed within this Commonwealth, and
shall keep the complete MSDS file updated as new information becomes
available.
(c) CONTENTS OF MATERIAL SAFETY DATA SHEETS. --The information in the Material Safety Data Sheets shall reflect the contents of the relevant National Library of Medicine computer files and the latest edition of the National Fire Association's Fire Protection Guide on Hazardous Materials. Subject to the trade secret provisions of section 11, it shall also include, but not be limited to, the following information:
(1) The chemical name, the Chemical Abstracts Service number, the trade
name, common names and any other names under which said substance is
regulated by another State or Federal agency.
(2) The chemical name, common name and Chemical Abstracts Service
number of every chemical contained in the substance which comprises 3%
or more of the substance except that hazardous substances shall be
listed if they comprise 1% or more of the substance, and all special
hazardous substances which comprise 0.01% or more of the substance
shall be listed.
(3) A reference to all relevant information on the hazardous substance
from the NIOSH Registry of Toxic Effects of Chemical Substances.
(4) The boiling point, vapor pressure, vapor density, solubility in
water, specific gravity, melting point, physical state, color and
odorous properties at standard conditions of temperature and pressure.
(5) The flash point, auto ignition temperature, percentage of volume of
flammable limits, the recommended fire extinguishing media, any special
firefighting procedure and any other unusual fire or explosion hazards.
(6) The hazards, if any, posed by the substance, including its
toxicity, tumorigenicity, mutagenicity, reproductive toxicity,
flammability, explosiveness, corrosivity and reactivity, including
specific information on its reactivity with water.
(7) A description, in nontechnical language, of the acute and chronic
health effects of exposure to the substance, including the signs and
symptoms of exposure, and medical conditions which are generally
recognized as being aggravated by exposure to the substance.
(8) The permissible exposure level, threshold limit value, short-term,
ceiling and other established limit values as set by OSHA, National
Institute of Occupational Safety and Health, American Industrial
Hygiene Association and American Conference of Governmental Industrial
Hygienists.
(9) The potential routes and symptoms of exposure to the hazardous
substances.
(10) Emergency first aid procedures in case of inhalation, swallowing,
eye splashes and skin contamination, including a telephone number to be
called day or night in an emergency and any special information needed
by medical practitioners treating persons.
(11) The appropriate emergency and first aid procedures for spills,
fires, potential explosions and accidental or unplanned emissions
involving the hazardous substance.
(12) Recommended waste disposal method if applicable.
(13) Personal protective equipment to be worn or used when handling or
otherwise coming in contact with the substance and any special
precautions, recommended engineering controls or work practices to be
used in handling the substance.
(14) A description of the extent of testing performed on the substance.
(15) A description of the known synergistic or additive effects
reasonably anticipated by exposure to this substance and to other
substances over the same period of time.
(16) For mixtures, a description of any known dangers or hazards
created by the mixture that are greater than and would not be otherwise
disclosed by the Hazardous Substance Fact Sheets for the constituent
chemical substances.
(17) The name, address and telephone number of the manufacturer of the
chemical.
(18) Date of preparation or last revision of the sheet.
Notwithstanding the above, any MSDS which contains the information requested in paragraphs (1) and (2), and which otherwise contains the information required by 29 CFR § 1900.1200(g)(2), as of November 25, 1983, shall be considered to have met the requirements of this section.
(d) CHEMICAL IDENTIFICATION SHEET. --An employer or supplier may, for convenience, provide the information requested in subsection (c)(2) by affixing a chemical identification sheet containing said information to an already existing MSDS and it shall be considered an integral part of the MSDS.
(e) SIMILAR SUBSTANCES. --Where hazardous mixtures have similar contents and hazards, but vary in specific composition, the supplier or employer may prepare one Material Safety Data Sheet to apply to all of the similar mixtures: Provided, That the Material Safety Data Sheet identifies all the various mixtures by the names to which it applies, is correct in all respects and correctly states the constituent chemicals in all of the mixtures. It is not necessary to produce a new MSDS when a hazardous substance is diluted with water.
(f) NO DUTY TO TEST. --This section shall not be construed to mean that an employer or supplier must conduct studies to develop new information.
(g) AGRICULTURAL MIXTURES. --When a farm supplier combines one or more chemicals for agricultural use, the farm supplier may substitute all Material Safety Data Sheets for the ingredients in the mixture in lieu of preparing a new MSDS.
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