Collapse to view only § 47.51 - Requirement for an MSDS.
- § 47.51 - Requirement for an MSDS.
- § 47.52 - MSDS contents.
- § 47.53 - Alternative for hazardous waste.
- § 47.54 - Availability of an MSDS.
- § 47.55 - Retaining an MSDS.
§ 47.51 - Requirement for an MSDS.
Operators must have an MSDS for each hazardous chemical which they produce or use. The MSDS may be in any medium, such as paper or electronic, that does not restrict availability.
(a) For each hazardous chemical produced at the mine, the operator must prepare an MSDS, and update it with significant, new information about the chemical's hazards or protective measures within 3 months of becoming aware of this information.
(b) For each hazardous chemical brought to the mine, the operator must rely on the MSDS received from the chemical manufacturer or supplier, develop their own MSDS, or obtain one from another source.
(c) Although the operator is not responsible for an inaccurate MSDS obtained from the chemical's manufacturer, supplier, or other source, the operator must—
(1) Replace an outdated MSDS upon receipt of an updated revision, and
(2) Obtain an accurate MSDS as soon as possible after becoming aware of an inaccuracy.
(d) The operator is not required to prepare an MSDS for an intermediate chemical or by-product resulting from mining or milling if its hazards are already addressed on the MSDS of the source chemical.
§ 47.52 - MSDS contents.
When an operator must prepare an MSDS for a hazardous chemical produced at the mine, the MSDS must—
(a) Be legible, accurate, and in English;
(b) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, the chemical's label, and its MSDS; and
(c) Contain information, or indicate if no information is available, for the categories listed in Table 47.52 as follows:
Table 47.52—Contents of MSDS
| Category | Requirements, descriptions, and exceptions | (1) Identity | The identity of the chemical or, if the chemical is a mixture, the identities of all hazardous ingredients. | (2) Properties | The physical and chemical characteristics of the chemical, such as vapor pressure and solubility in water. | (3) Physical | The physical hazards of the chemical including the potential for fire, explosion, and reactivity. | (4) Health hazards | The health hazards of the chemical including— | (i) Signs and symptoms of exposure, | (ii) Any medical conditions which are generally recognized as being aggravated by exposure to the chemical, and | (iii) The primary routes of entry for the chemical, such as lungs, stomach, or skin. | (5) Exposure limits | For the chemical or the ingredients of a mixture— | (i) The MSHA or OSHA permissible limit, if there is one, and | (ii) Any other exposure limit recommended by the preparer of the MSDS. | (6) Carcinogenicity | Whether the chemical or an ingredient in the mixture is a carcinogen or potential carcinogen. See the sources specified in § 47.21 (Identifying hazardous chemicals). | (7) Safe use | Precautions for safe handling and use including— | (i) Appropriate hygienic practices, | (ii) Protective measures during repair and maintenance of contaminated equipment, and | (iii) Procedures for clean-up of spills and leaks. | (8) Control measures | Generally applicable control measures such as engineering controls, work practices, and personal protective equipment. | (9) Emergency information | (i) Emergency medical and first-aid procedures; and | (ii) The name, address, and telephone number of the operator or other responsible party who can provide additional information on the hazardous chemical and appropriate emergency procedures. | (10) Date prepared | The date the MSDS was prepared or last changed. |
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§ 47.53 - Alternative for hazardous waste.
If the mine produces or uses hazardous waste, the operator must provide potentially exposed miners and designated representatives access to available information for the hazardous waste that—
(a) Identifies its hazardous chemical components,
(b) Describes its physical or health hazards, or
(c) Specifies appropriate protective measures.
§ 47.54 - Availability of an MSDS.
The operator must make MSDSs accessible to miners during each work shift for each hazardous chemical to which they may be exposed either—
(a) At each work area where the hazardous chemical is produced or used, or
(b) At an alternative location, provided that the MSDS is readily available to miners in an emergency.
§ 47.55 - Retaining an MSDS.
The operator must—
(a) Retain its MSDS for as long as the hazardous chemical is known to be at the mine, and
(b) Notify miners at least 3 months before disposing of the MSDS.