West Virginia SDS laws & safety compliance analysis

West Virginia SDS: What you need to know

· Rules. The federal OSH Act governs workplace safety and health, including material safety data sheet (MSDS) requirements, in the private sector (private businesses, commercial establishments, and nonprofit organizations). The state has adopted the federal occupational safety and health rules for state government offices and operations, including hazard communication. For information on the federal MSDS requirements, see the national section MATERIAL SAFETY DATA SHEET.

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The MSDS reporting requirements under the state's community right-to-know rules mirror federal requirements.

The state requires bulk pesticide storage facilities, schools, and day care centers to maintain MSDSs for stored pesticides.

· Administration and enforcement. OSHA’s Region 3 office administers and enforces occupational safety and health, including MSDS requirements, in the private sector in West Virginia. DOL inspects state government workplaces in response to fatalities and employee complaints. SERC administers MSDS reporting requirements. DOA regulates pesticide activities.

WV Reg. 61-12H-6

Operators of bulk pesticide storage facilities (more than 300 gallons liquid or 100 pounds net dry weight pesticides stored for more than 30 consecutive days per year for purposes of repackaging) must maintain a complete copy of the MSDS for every bulk pesticide stored at the facility as part of the written emergency and discharge response plan.

WV Reg. 61-12J-4 and WV Reg. 61-12J-5

Schools must maintain an IPM file in the main office in each school facility. The file must contain MSDSs for pesticides used at the school. Upon request, schools must provide ...

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