(1) Chemical manufacturers and importers must obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers must have a safety data sheet in the workplace for each hazardous chemical which they use.

(2) The chemical manufacturer or importer preparing the safety data sheet must ensure that it is in English (although the employer may maintain copies in other languages as well), and includes at least the following section numbers and headings, and associated information under each heading, in the order listed (see WAC 296-901-14028, Appendix D—Safety data sheets, for the specific content of each section of the safety data sheet):

(a) Section 1, Identification;

(b) Section 2, Hazard(s) identification;

(c) Section 3, Composition/information on ingredients;

(d) Section 4, First-aid measures;

(e) Section 5, Firefighting measures;

(f) Section 6, Accidental release measures;

(g) Section 7, Handling and storage;

(h) Section 8, Exposure controls/personal protection;

(i) Section 9, Physical and chemical properties;

(j) Section 10, Stability and reactivity;

(k) Section 11, Toxicological information;

(l) Section 12, Ecological information;

(m) Section 13, Disposal considerations;

(n) Section 14, Transport information;

(o) Section 15, Regulatory information; and

(p) Section 16, Other information, including date of preparation or last revision.

Note 1 to WAC 296-901-14014(2): To be consistent with the GHS, an SDS must also include the headings in WAC 296-901-14014 (2)(m) through (o) in order.

Note 2 to WAC 296-901-14014(2): The department will not be enforcing information requirements in SDS sections 12 through 15 (WAC 296-901-14014 (2)(l) through (o), as these areas are not under its jurisdiction.

(3) If no relevant information is found for any subheading within a section on the safety data sheet, the chemical manufacturer, importer or employer preparing the safety data sheet must mark it to indicate that no applicable information was found.

(4) Where complex mixtures have similar hazards and contents (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one safety data sheet to apply to all of these similar mixtures.

(5) The chemical manufacturer, importer or employer preparing the safety data sheet must ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the chemical manufacturer, importer or employer preparing the safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information must be added to the safety data sheet within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer must add the information to the safety data sheet before the chemical is introduced into the workplace again.

(a) Chemical manufacturers or importers must ensure that distributors and employers are provided an appropriate safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated;

(b) The chemical manufacturer or importer must either provide safety data sheets with the shipped containers or send them to the distributor or employer prior to or at the time of the shipment;

(c) If the safety data sheet is not provided with a shipment that has been labeled as a hazardous chemical, the distributor or employer must obtain one from the chemical manufacturer or importer as soon as possible; and

(d) The chemical manufacturer or importer must also provide distributors or employers with a safety data sheet upon request.

(6) Distributors must ensure that safety data sheets, and updated information, are provided to other distributors and employers with their initial shipment and with the first shipment after a safety data sheet is updated.

(a) The distributor must either provide safety data sheets with the shipped containers, or send them to the other distributor or employer prior to or at the time of the shipment;

(b) Retail distributors selling hazardous chemicals to employers having a commercial account must provide a safety data sheet to such employers upon request, and must post a sign or otherwise inform them that a safety data sheet is available;

(c) Wholesale distributors selling hazardous chemicals to employers over-the-counter may also provide safety data sheets upon the request of the employer at the time of the over-the-counter purchase, and must post a sign or otherwise inform such employers that a safety data sheet is available;

(d) If an employer without a commercial account purchases a hazardous chemical from a retail distributor not required to have safety data sheets on file (i.e., the retail distributor does not have commercial accounts and does not use the materials), the retail distributor must provide the employer, upon request, with the name, address, and telephone number of the chemical manufacturer, importer, or distributor from which a safety data sheet can be obtained;

(e) Wholesale distributors must also provide safety data sheets to employers or other distributors upon request; and

(f) Chemical manufacturers, importers, and distributors need not provide safety data sheets to retail distributors that have informed them that the retail distributor does not sell the product to commercial accounts or open the sealed container to use it in their own workplaces.

(7) The employer must maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and must ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)

(8) Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at the primary workplace facility. In this situation, the employer must ensure that employees can immediately obtain the required information in an emergency.

(9) Safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer must ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s).

(10) Safety data sheets must also be made readily available, upon request, to designated representatives, and the department in accordance with the requirements of WAC 296-901-14010.

(11) The department of labor and industries will translate certain hazard communication documents upon receipt of written or verbal request (within available resources) to employers or the public, a translation into Cambodian, Chinese, Korean, Spanish, or Vietnamese of any of the following:

• An employer's written Hazard Communication Program;

• A safety data sheet; or

• Written materials prepared by the department to inform employees of their rights described in this rule, regarding hazard communication.

Note: Written request for translations should be directed to:

Department of Labor and Industries

Right-To-Know Program

P.O. Box 44610

Olympia, WA 98504-4610