Montana Code 50-78-203. Material safety data sheets
50-78-203. Material safety data sheets. (1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical.
Terms Used In Montana Code 50-78-203
- Chemical manufacturer: means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution. See Montana Code 50-78-102
- Designated representative: means :
(a)the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or
(b)a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization. See Montana Code 50-78-102
- Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
- Employee: means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies. See Montana Code 50-78-102
- Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
- Hazardous chemical: means , except as provided in 50-78-103:
(a)any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;
(b)any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or
(c)any emitter of ionizing radiation. See Montana Code 50-78-102
- Material safety data sheet: means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information. See Montana Code 50-78-102
- Workplace: means an establishment at one geographical location containing one or more work areas. See Montana Code 50-78-102
- Writing: includes printing. See Montana Code 1-1-203
(2)Each employer shall maintain the most current material safety data sheet for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time a hazardous chemical is delivered to the employer, the employer shall request one in writing within 5 working days. Each employer shall maintain a copy of any correspondence sent or received by the employer in an effort to obtain a material safety data sheet for a hazardous chemical when none was provided by the chemical manufacturer or distributor.
(3)Material safety data sheets must be provided by the employer to any employee or designated representative upon request for review or copying.