50-78-401. No effect on other duties or liabilities
50-78-401. No effect on other duties or liabilities. The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals, nor does it affect the employer’s responsibility to take any action to prevent […]
50-78-103. Applicability — exemptions
50-78-103. Applicability — exemptions. (1) The provisions of this chapter do not apply to: (a) any consumer product intended for personal consumption or use by an employee; (b) any retail food sale establishment or other retail trade establishment, exclusive of processing and repair areas; (c) a food, drug, or cosmetic as defined in the Montana Food, Drug, and Cosmetic […]
50-78-104. Relationship to OSHA standard
50-78-104. Relationship to OSHA standard. Any employer complying with the provisions of the OSHA standard, whether or not that employer is regulated by the OSHA standard, is exempt from the provisions of this chapter, except for 50-78-204 and 50-78-301. History: En. Sec. 4, Ch. 641, L. 1985; amd. Sec. 2, Ch. 536, L. 1987.
50-78-201. Notice to employees
50-78-201. Notice to employees. Employers shall post adequate notice at locations where notices are normally posted informing employees about their rights under this chapter. History: En. Sec. 5, Ch. 641, L. 1985.
50-78-202. Workplace chemical list
50-78-202. Workplace chemical list. (1) Each employer shall compile and maintain a workplace chemical list. Except as provided in 50-78-205, the workplace chemical list must contain the chemical name of each hazardous chemical in the workplace, cross-referenced to any generally used common name. For chemical mixtures, the chemical name of each hazardous constituent indicated on the […]
50-78-203. Material safety data sheets
50-78-203. Material safety data sheets. (1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical. (2) Each employer shall maintain the most current material safety data sheet for each hazardous chemical in the workplace. If a material safety data sheet has […]
50-78-204. Employee rights
50-78-204. Employee rights. (1) An employee who may be exposed to hazardous chemicals must be informed of the potential or actual exposure and must be provided access to the workplace chemical list and to the material safety data sheet for each hazardous chemical. An employer who does not provide an employee with information on a hazardous […]
50-78-205. Trade secret confidentiality
50-78-205. Trade secret confidentiality. (1) An employer who believes that the name of a hazardous chemical is a trade secret may withhold the chemical name from the material safety data sheet and workplace chemical list only if: (a) a material safety data sheet, coded to an identifying notation on each container of the hazardous chemical, is available […]
50-78-206. Labels
50-78-206. Labels. (1) An employer or distributor may not remove or deface any existing label on a container of a hazardous chemical, except that the chemical name may be concealed under trade secret protection as provided in 50-78-205. (2) Any portable container intended for an immediate transfer of a hazardous chemical is not required to be labeled. […]
50-78-301. Emergency and community information
50-78-301. Emergency and community information. (1) An employer shall comply with the provisions of the federal Emergency Planning and Community Right-to-Know Act of 1986 or be subject to the enforcement provisions thereof. (2) The local fire chief must be permitted onsite inspection of hazardous chemicals in any workplace, including workplaces under the control of a state agency, […]