310 CMR 33.04 - Filing of MSDS

(1) Any employer who manufactures, uses, processes or stores any hazardous or toxic substance in any workplace (other than a research laboratory exempted under M.G.L. c. 111F and 105 CMR 670.015 ) shall file a completed copy of each material safety data sheet (MSDS) for each such substance with the Department's regional office for the region in which each such workplace is located. Each MSDS shall contain the information required by M.G.L. c. 111F, § 1 and by 454 CMR 21.06, and shall be identical to the copy maintained by the employer in a central location in the workplace, as required by M.G.L. c. 111F, § 11(a). Where a trade secret claim is made pursuant to M.G.L. c. 111F, § 5, the MSDS shall be identical to the MSDS filed with the Department of Public Health, including the identifying code required by 105 CMR 670.020(C)(9). Each such employer shall attach to each collection of MSDSs an employer identification sheet, which shall contain the following information in the following order:

(a) the employer's name.

(b) the workplace address.

(c) the four digit Standard Industrial Classification (SIC) number for that workplace.

(d) the employer's mailing address (if different),

(e) the position title and, when possible, the name of an individual to contact for further information,

(f) the business and emergency telephone number of the person identified in 310 CMR 33.04(1)(e),

(g) an estimate of the number of employees at the workplace listed in 310 CMR 33.04(1)(b).

(2) Any employer who receives, compiles, or prepares new or revised information related to a MSDS on file with the Department shall provide an updated MSDS to the Department within six months of obtaining such information. Any employer who receives, compiles, or prepares an MSDS for a substance or mixture that has not been the subject of a previous filing with the Department shall file such MSDS within 30 days of such receipt, compilation, or preparation. An updated employer identification sheet, as described in 310 CMR 33.04(1), shall accompany each filing of new or updated MSDS.

(3) The Department at any time may reject as incomplete or inadequate any MSDS which fails to provide all information required under M.G.L. c. 111F, § 1, provided that:

(a) Where the chemical name, common name, and CAS identification number have been omitted from a MSDS on the basis of a trade secret claim made to or recognized by the Department of Public Health, such MSDS shall be deemed complete with respect to those items, if the words "trade secret" and the identifying code appear on the form, unless and until the trade secret claim is denied by the Department of Public Health and any appeal period has lapsed.

(b) Where an employer who does not manufacture the substance has made diligent efforts to obtain complete information, as defined in M.G.L. c. 111F, § 9(b), no action shall be taken against that employer with respect to that information.

(4) The regional office may keep on file a "master list" copy of MSDSs for toxic or hazardous substances or regulated mixtures, consisting of one completed MSDS for each such substance or mixture prepared by a particular manufacturer, together with an index of all employers who manufacture, use, process, or store regulated substances or mixtures obtained from that manufacturer. The master list may be used as the source of relevant MSDSs released to state or municipal officials or petitioning community residents.

Notes

310 CMR 33.04