SECTION 295.5. Material Safety Data Sheets

(a) The employer shall maintain a current and appropriate MSDS, as defined by the Act, §502.003(17), for each hazardous chemical purchased. Except as described in subsection (b) of this section, MSDSs, whether in printed or electronic form, are considered "readily available" if they can be accessed for review at the workplace during the same workshift in which they are requested. For purposes of this section, a current MSDS shall be one which contains the most recent significant hazard information for the hazardous chemical as determined by the chemical's manufacturer.

(b) An employer shall provide MSDSs to emergency responders as soon as practicable upon request.

(c) An employer shall request or obtain a missing MSDS within 30 business days of receipt of the hazardous chemical. An employer shall not permit the use of any hazardous chemical for which a current MSDS is not available.

(d) A chemical manufacturer or distributor must provide an appropriate MSDS to an employer within three business days of receipt of the employer's written request.

(e) If the hazardous chemical was last received prior to the original effective date of the Act, January 1, 1986, an MSDS is not required.

Source Note: The provisions of this §295.5 adopted to be effective September 1, 1999, 24 TexReg 3711; amended to be effective July 3, 2003, 28 TexReg 4914