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Material Safety Data Sheets
(MSDSs) as Exposure Records WAC 296-800-180
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Introduction
IMPORTANT:
Exposure
records contain information about employees'
exposure to
toxic substances or
harmful physical agents.
Material Safety Data Sheets (MSDSs) are one type of exposure
record. The preservation of and
access to exposure records is necessary to improve detection,
treatment, and prevention of occupational diseases.
This rule supplements the
chemical hazard communication rule by extending access to MSDSs,
or their alternative, after employment and after the
hazardous chemical is no longer used in the workplace.
Your Responsibility:
To preserve and provide access to Material Safety
Data Sheets (MSDSs) or their alternative as exposure records
You must:
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Note:
-
Employee Medical
and Exposure Records, chapter 296-802 WAC, requires
the preservation and access to other exposure records
including
records such as workplace monitoring data
and biological monitoring results and medical records.
If you keep these other types of
employee exposure records or employee medical
records, you must comply with these additional requirements.
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This rule applies
to every employer who maintains, makes, contracts for, or
has access to MSDSs for chemicals used in their workplace.
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The specific
identity of a toxic substance may be withheld from
a disclosable record if it is a verifiable trade secret.
For trade secret requirements see
chapter 296-816 WAC.
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WAC 296-800-18005
Preserve exposure records for at least 30 years
You must:
- Keep
Material Safety Data Sheets (MSDSs) and
analyses using MSDSs for at least thirty years, including
current, former, and future employers receiving transferred records.
Preserve MSDSs in any form, as long as the information is not altered
and is retrievable. You may keep alternative records instead of MSDSs
concerning the identity of a substance. The alternative record must
also be kept for thirty years and contain the following information:
- - Some record of the identity (chemical
name, if known) of a substance or agent
- - Where the substance or agent was used
- - When the substance or agent was used
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Note:
Keeping alternative records may be less work
than you think. When developing your hazard communication program's
list of hazardous
chemicals (WAC
296-800-17010), add the “where used” and “when used” information
required by this rule. |
WAC 296-800-18010
Inform current employees of exposure records
You must:
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Note:
A chemical is toxic if:
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The latest printed edition of the National
Institute for Occupational Safety and Health (NIOSH) Registry
of Toxic Effects of Chemical Substances (RTECS) lists the
substance. This may be obtained online, CD-ROM, or
on a computer tape.
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Testing by or known to the employer has
shown positive evidence that the substance is an acute or
chronic health hazard.
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A material safety data sheet (MSDS) kept
by or known to the employer shows the material may be a hazard
to human health.
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- - The existence, location, and availability of MSDSs
or alternative records, and any other records covered by this rule.
- - The
person responsible for maintaining and providing
access to records.
- - Exposure records when the employee first enters
into employment and then once a year thereafter.
- - Existence and their rights of access to these
records.
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Note:
Informing employees of the availability of
these records may be accomplished by posting, group discussion
or by individual notifications. |
You must:
- Keep a copy of this rule and make copies available
upon request to employees.
- Distribute to employees any informational materials
about this rule that are made available to the employer by the department.
WAC 296-800-18015
Provide access to exposure records
You must:
- Provide access,
whenever requested by an employee or their
designated representative, to a relevant
exposure record:
- - In a reasonable time, place, and manner.
- - Within 15
working days. If the employer cannot meet this requirement,
they must inform the requesting party of the reason for the delay
and the earliest date the record will be made available.
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Note:
- Employee means any current, former or transferred
worker.
- A relevant exposure record is an MSDS
or its alternative or analysis using MSDSs or their alternative
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You must:
- Make sure Labor and Industries has prompt access to any exposure records and
related analysis. This must be done without violation of any rights
under the Constitution or the Washington Industrial Safety and Health
Act that the employer chooses to exercise.
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Note:
Nothing in this rule is meant to prevent
employees and collective bargaining agents from getting access
to information beyond that is required by this rule. |
You must:
- Make sure that whenever an employee or designated
representative requests an initial copy of an exposure record, related
analysis or new information added to the record:
- - A copy of the record is provided without cost
to the employee or their representative.
- OR
- - The facilities are made available for copying
without cost to the employee or their representative.
- OR
- - The record is loaned to the employee or their
representative for a reasonable time to enable a copy to be made.
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Note:
Whenever a record has been previously provided
without cost to an employee or designated representative, and
they request additional copies, the employer may charge reasonable,
nondiscriminatory administrative costs (e.g., search and copying
expenses, but no overhead expenses). |
WAC 296-800-18020
Transfer records when ceasing to do business
You must:
- Transfer all
Material Safety Data Sheets (MSDSs) as exposure records to
the successor employer, who must do the following to these records:
- - receive
- - preserve
- - keep unchanged
- If there is no successor to receive and preserve the
employee exposure records:
- - Notify affected current employees of their rights
of access
to records at least 3 months prior to the cessation of the employer's
business.
- AND
- - Transfer the records to the Department,
if required by a specific WISHA safety and health rule.
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