Section 205.280  Material Safety Data Sheets (MSDS)

a)         Manufacturers and importers shall obtain or develop a material safety data sheet for each toxic substance they use, store, produce, or import.  Employers shall have a material safety data sheet for each toxic substance they use (Ill. Rev. Stat. 1985, ch. 48, par. 1409).

b)         Suppliers shall ensure that Material Safety Data Sheets, and updated information, are provided to other distributors and purchasers of toxic substances.

c)         Each Material Safety Data Sheet shall be in English.

d)         If the toxic substance is a single substance, its chemical and common name(s) shall be provided on the MSDS, except as provided for in Section 205.290 of this Part.

e)         If the toxic substance is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself shall be provided on the MSDS, except as provided for in Sections 205.290 and 205.310 of this Part.

f)          If the toxic substance is a mixture which has not been tested as a whole, the chemical and common name(s) of all ingredients which have been determined to be toxic substances and which comprise one percent or greater of the composition shall be provided on the MSDS, except as provided for in Section 205.290 of this part.  Chemical and common name(s) of ingredients identified as known or suspected carcinogens shall be listed if the concentrations are greater than 0.1 percent except as provided for in Sections 205.290 and 205.310 of this Part.

g)         In batch processes where complex mixtures have the same hazards and similar contents (i.e., the chemical ingredients are essentially the same but the specific composition varies slightly from mixture to mixture), the manufacturer, importer, or employer may prepare one Material Safety Data Sheet to apply to all of the similar mixtures.

h)         The manufacturer, importer, supplier or employer preparing the Material Safety Data Sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination.  If the manufacturer, importer, supplier or employer becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the Material Safety Data Sheet within three months.

i)          Manufacturers or importers shall ensure that distributors and initial purchasers of toxic substances are provided an appropriate Material Safety Data Sheet within 30 days of the initial shipment of a toxic substance or after a Material Safety Data Sheet is updated.  The manufacturer or importer shall either provide Material Safety Data Sheets with the shipped containers or send them to the purchaser within 30 days of the first shipment.

j)          Material Safety Data Sheets may be kept in any form and may be designed to cover groups of toxic substances in a work area where it may be more appropriate to address the hazards of a process rather than individual toxic substances.  However, the employer shall ensure that in all cases the information required is provided for each toxic substance, and is accessible pursuant to Section 9 of the Act.  Employers need only maintain Material Safety Data Sheets in one central location within their workplace.

k)         If the toxic substance is regulated as a pesticide (as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.C. 136 et seq. (1970)), with no further amendments included, and subject to the labeling requirements and regulations issued by the U.S. EPA under the Act, the manufacturer, importer, supplier, or employer shall ensure that the MSDS or labels used are in accordance with such EPA regulations (40 CFR 167(1983)).

l)          Upon the effective date of these rules, each employer must have a MSDS available at the workplace for each toxic substance used, produced, or stored, except as provided for in Section 9(d) of the Act.  Such MSDS must be available to employees upon request according to the provisions of the Act.

m)        All manufacturers, importers, and suppliers must meet their obligation to supply MSDS's.

n)         Any person may use Occupational Safety and Health Administration Form 20 or 174 if they ensure that all of the information required by Section 3(j) of the Act is provided.

o)         The Department shall implement a quality assurance program to review the MSDS for compliance with Section 3(j) of the Act.

(Source:  Amended at 11 Ill. Reg. 10247, effective May 18, 1987)