(a) Defined. Generally referred to as a "safety data sheet" (SDS), a material safety data sheet is a document containing chemical hazard and safe handling information that is prepared in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) standard for that document. In the case of a chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code §§136 et seq., for which an SDS is both unavailable and not required under the federal OSHA hazard communication standard, a product label, or other document equivalent to an SDS, which contains precautionary statements, such as hazards to humans and domestic animals, and environmental, physical, or chemical hazards, including warning statements, may serve as an SDS.
(b) Responsibilities of manufacturers and distributors.
  (1) A registrant, chemical manufacturer, or distributor shall provide the most current appropriate SDS, product label, or equivalent documentation to any person in this state to whom that entity distributes a covered pesticide chemical.
  (2) A chemical manufacturer or distributor shall provide, in a timely manner, the most current appropriate SDS to covered employers upon request.
  (3) A registrant or chemical manufacturer shall ensure that all SDSs for all covered pesticide chemicals that entity distributes are correct and current.
  (4) A registrant shall provide with the registration application a copy of the most current appropriate SDS for each pesticide for which the registrant is applying for registration.
  (5) A chemical manufacturer or distributor shall submit to the department a copy of the most current appropriate SDS for all fertilizers with covered pesticide chemicals.
  (6) Retail outlets that distribute pesticide chemicals to the general public only for nonagricultural purposes are exempted from this section.
(c) Responsibilities of covered employers.
  (1) A covered employer is responsible for obtaining and maintaining the most current appropriate SDS, product label, or equivalent documentation for each covered pesticide chemical the covered employee buys, applies, or causes another to apply.
  (2) A covered employer who has not been provided with an SDS for a covered pesticide chemical shall request the most current appropriate SDS product label, or equivalent documentation in writing from the manufacturer or distributor in a timely manner.
  (3) A covered employer shall make an SDS, product label, or equivalent documentation for covered pesticide chemicals accessible to agricultural laborers, designated representatives, treating medical personnel, members of the community, the department, and emergency personnel in the same manner as the workplace chemical list is to be made accessible to those persons in §8.7(c) of this chapter (relating to Workplace Chemical List).

Source Note: The provisions of this §8.6 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective February 13, 2023, 48 TexReg 655