Section 6399 Of Article 4. Duties From California Labor Code >> Division 5. >> Part 1. >> Chapter 2.5. >> Article 4.
6399
. Upon request, the manufacturer of a hazardous substance or
the producer of a mixture who has produced a mixture MSDS pursuant to
the provisions of subdivision (b) of Section 6397 shall make
available to any employer, whose employees may be exposed to its
product in the workplace, an MSDS on its product. If the employer
does not already have an MSDS and has not already made written
inquiry within 12 months as to whether a substance or product is
subject to the requirements of this chapter or if the employer has
not already made written inquiry within 6 months as to whether any
new, revised, or later information has been issued for a hazardous
substance, the employer shall do so within seven working days of a
request to do so by an employee or employee's collective bargaining
representative or physician. The employer may adopt reasonable
procedures for acting upon such employee requests to avoid
interruption of normal work operations. The manufacturer or the
producer of a mixture MSDS pursuant to the provisions of Section 6397
shall answer such inquiries within 15 working days of their receipt,
stating that the substance or product is subject to the requirements
of this chapter and furnishing the most current MSDS or a statement
that the MSDS is under development and the estimated completion date,
or stating that it is not subject to the requirements of this
chapter, with a brief explanation of why the chapter is not
applicable. If an employer has not received a response from a
manufacturer within 25 working days of the date the request was made,
the employer shall send a copy of the request made of the
manufacturer to the director with the notation that no response has
been received.