Section 21.06 - Material Safety Data Sheet(1)Types of MSDS. MSDS's shall consist of one of the following types:(a) Massachusetts Substance List MSDS;(2)Mixture MSDS. An MSDS for Mixtures shall comply with the conditions and requirements of M.G.L. c. 111F, § 10 and 454 CMR 21.06(3) through (9).(3)Additional MSDS. If a manufacturer or employer prepares an MSDS for a mixture, the existing MSDS for the toxic or hazardous mixture and each constituent toxic or hazardous substance shall be available to the employee upon request. An employer who receives a mixture MSDS from a manufacturer or intermediate seller and furnishes that mixture MSDS to an employee shall not be required to request constituent substance MSDS's from the manufacturer or intermediate seller until or unless the employee requests them. Failure of an employer to furnish MSDS for a constituent substance shall not be considered grounds for refusal to work under the provisions of M.G.L. c. 111F, § 11(d).(4)Name. The common name of the mixture in addition to the chemical name of each toxic or hazardous substance shall be listed on the MSDS.(5)Ingredients. All toxic or hazardous substances present in mixtures shall be listed in the MSDS and subject to the provisions of M.G.L. c. 111F, § 10c.(6)Percentages. The percentage of each toxic or hazardous substance listed on the MSDS shall be based on the relative amounts present in the mixture unless the percentage is a valid trade secret.(7)CAS Number. The applicable CAS Numbers shall be shown for each toxic substance present in the mixture.(8)Special Information on Mixtures. Special precautions and additional emergency procedures arising from the nature of the mixture and the source of this information shall be listed.(9)Manufacturer's or Employer's Name. The manufacturer's or employer's name, address, emergency telephone number and the date the MSDS was prepared shall be listed.(10)Subsequent Employee Request. An employer is not required to furnish an MSDS to an employee under M.G.L. c. 111F, § 11 if that employee was provided with the most recent MSDS for that substance within one year prior to the date of the employee's request.(11)Independent - Contractors. For workplaces and workareas not wholly owned or controlled by the independent contractors, the MSDS's and all other required information pertaining to substance introduced into the workplace by the independent contractor shall be maintained at the employer's principal place of business within the Commonwealth. All MSDS's shall be maintained so as to be accessible and furnished upon request to the employee.
Amended by Mass Register Issue 1328, eff. 12/16/2016.