The Florida Senate

442.107  Employer to make effort to obtain unsupplied material safety data sheet.--

(1)  If an employer is not supplied with the material safety data sheet by a manufacturer, importer, or distributor for a toxic substance pursuant to the mandates of s. 442.106, such employer shall, within a reasonable amount of time after discovering that the material safety data sheet has not been supplied, use diligent efforts to obtain it from the manufacturer, importer, or distributor.

(2)  If, after having used diligent efforts, an employer has failed to obtain the material safety data sheet, she or he shall request the secretary to obtain it on her or his behalf.

(3)  An employer who has used diligent efforts as defined in this section and who has made a documented request to the secretary pursuant to this section shall not be found in violation of this section with respect to the material safety data sheet which was not supplied by the manufacturer, importer, or distributor as required by s. 442.106.

(4)  For the purposes of this section, the term "diligent efforts" means a prompt inquiry by the employer to the manufacturer, importer, or distributor of the toxic substance; except that an independent contractor or subcontractor is responsible for obtaining the material safety data sheet for her or his employees in the workplace of another and except that, for an independent contractor, subcontractor, the state, or any political subdivision of the state acting as an employer, the term "diligent efforts" means a prompt inquiry to the manufacturer, importer, or distributor or to the owner of a workplace when applicable.

History.--s. 6, ch. 84-223; s. 7, ch. 86-45; s. 136, ch. 97-103.