· Rules. Tennessee follows federal EPCRA requirements for submitting MSDSs to TEMA and LEPCs.
Tennessee is a “state plan” state; that is, it has a federally-approved occupational safety and health regulatory program that applies to both public (state, county, and local agencies and governments) and private (private businesses and nonprofit organizations) sector employers. Tennessee has adopted the federal hazard communication requirements, and additional requirements for missing MSDSs that are stricter than federal standards.
· Administration and enforcement. TEMA implements the community right-to-know requirements in the state and is the repository of all records and data generated as a result of the requirements of EPCRA in Tennessee. DOLWD administers and enforces occupational safety and health, including MSDS requirements, in both the private and public sector workplaces.
Rule 0800-01-09-.05 Employer Access to MSDSs
Employers that do not receive an MSDS for a chemical at the time of shipment must submit a written request to the chemical manufacturer or distributor for the missing MSDS within 5 days after the shipment is received. The employer must maintain records of these requests for 3 years following the year in which the request is made. Employee Access to MSDSs
MSDSs have to be readily accessible to employees or their representatives, upon request. If an employee requests an MSDS and it is not furnished within 3 business days, the employer should show the requester that an effort is being made to get it. If it is not provided within 2 weeks, the employee may refuse to work with the hazardous chemical until the MSDS is furnished, unless the employer can ...