4 Tex. Admin. Code § 8.6 - Material Safety Data Sheet
(a) Defined.
Generally referred to as a "safety data sheet" (SDS), a material safety data
sheet is a document containing chemical hazard and safe handling information
that is prepared in accordance with the requirements of the Occupational Safety
and Health Administration (OSHA) standard for that document. In the case of a
chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide Act ,
7 United States Code
§§
136 et seq., for which an SDS is
both unavailable and not required under the federal OSHA hazard communication
standard, a product label, or other document equivalent to an SDS, which
contains precautionary statements, such as hazards to humans and domestic
animals, and environmental, physical, or chemical hazards, including warning
statements, may serve as an SDS.
(b) Responsibilities of manufacturers and
distributors.
(1) A registrant , chemical
manufacturer, or distributor shall provide the most current appropriate SDS,
product label, or equivalent documentation to any person in this state to whom
that entity distributes a covered pesticide chemical.
(2) A chemical manufacturer or distributor
shall provide, in a timely manner, the most current appropriate SDS to covered
employers upon request.
(3) A
registrant or chemical manufacturer shall ensure that all SDSs for all covered
pesticide chemicals that entity distributes are correct and current.
(4) A registrant shall provide with the
registration application a copy of the most current appropriate SDS for each
pesticide for which the registrant is applying for registration.
(5) A chemical manufacturer or distributor
shall submit to the department a copy of the most current appropriate SDS for
all fertilizers with covered pesticide chemicals.
(6) Retail outlets that distribute pesticide
chemicals to the general public only for nonagricultural purposes are exempted
from this section.
(c)
Responsibilities of covered employers.
(1) A
covered employer is responsible for obtaining and maintaining the most current
appropriate SDS, product label, or equivalent documentation for each covered
pesticide chemical the covered employee buys, applies, or causes another to
apply.
(2) A covered employer who
has not been provided with an SDS for a covered pesticide chemical shall
request the most current appropriate SDS product label, or equivalent
documentation in writing from the manufacturer or distributor in a timely
manner.
(3) A covered employer
shall make an SDS, product label, or equivalent documentation for covered
pesticide chemicals accessible to agricultural laborers, designated
representatives, treating medical personnel, members of the community, the
department , and emergency personnel in the same manner as the workplace
chemical list is to be made accessible to those persons in §
8.7(c) of this
chapter (relating to Workplace Chemical List).
Notes
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