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Rhode Island General Laws 28-21-11. Exclusions

Rhode Island General Laws > Title 28 > Chapter 28-21 > § 28-21-11 - Exclusions


Current as of: 2009

(a) This chapter does not apply to any designated substance that is a food, drug, cosmetic, or tobacco product if the substance is intended for personal consumption by employees while in the workplace. Additionally, the chapter does not apply to any consumer product and/or food stuff in its finished state packaged for distribution to and intended or retail sale to and use or consumption by the general public.

   (b) This chapter does not apply to hazardous or toxic substances being developed or used only in laboratories; "laboratories" include all laboratories except those laboratories that provide quality control or other support to a manufacturing process or laboratories that produce products for commercial purposes; provided, that:

   (i) The employer ensures that labels on incoming containers of hazardous or toxic chemicals are not removed or defaced;

   (ii) The employer maintains any material safety data sheets or other pertinent data for incoming shipments of hazardous or toxic chemicals and ensures that they are readily accessible to laboratory employees; and

   (iii) The employer shall ensure that laboratory employees are apprised of the hazards of the chemicals in their work place in accordance with subdivision (2) of this subsection.

   (2) Laboratory employees information and training. (i)  Employers shall provide all employees including support personnel and students with information and training on hazardous and toxic substances in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area.

   (ii) New chemicals being developed in research activities are exempt from the requirements of this subdivision.

   (iii) Employees shall be informed of:

   (A) The requirements of this section.

   (B) Any operations in their work area where hazardous and toxic chemicals are present.

   (C) The location and availability of material safety data sheets and other written sources of chemical hazard information.

   (iv) Employee training shall include at least:

   (A) Methods and observations that may be used to detect the presence or release of a hazardous or toxic substance in the work area, such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous or toxic chemicals when being released, etc.;

   (B) The physical and health hazards of the substances in the work area;

   (C) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous or toxic substances, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.

   (3) Employers shall provide to the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator or that person's designee:

   (i) A list of storage areas, sufficiently identified by name and location, where hazardous and toxic substances in unit quantities greater than two (2) gallons or ten (10) pounds are stored, including a full description of the types of hazards present on a generic basis rather than for each individual material.

   (ii) The person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator or that person's designee, shall maintain the information provided by the employer under paragraph (i) of this subdivision and shall provide copies of this information:

   (A) To fire suppression and fire inspection divisions within the same jurisdiction;

   (B) Upon request, to any fire department employee or an employee representative of a fire department employee; and

   (C) In the event of an emergency, a full list of substances present and involved in the incident shall be made available to fire personnel within forty-eight (48) hours subsequent to the emergency.

   (c) This chapter does not apply to any designated substances being transported by truck where the substances are regulated by the United States department of transportation under rules and regulations on hazardous and dangerous substances as contained in 49 CFR. Compliance with the regulations shall be deemed to satisfy the listing, training, and labeling requirements of this chapter for those employees engaged in the actual transporting of the substance.

   (2) For the purposes of this subsection, "transport" means only the actual hauling of manifested products in marked containers.

   (d) This chapter does not apply to exposure to any materials removed in actual trash collection. This exclusion shall not apply to substances used in the processing of these waste products.

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U.S. Code Provisions: Employee Health and Safety

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Tennessee Code > Title 64 > Chapter 2 > Part 5 > § 64-2-506. Powers and duties of directors


Current as of: 2010

(a) The directors have the following duties and powers, and, in exercising such duties and powers shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions, to:

(1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-503, and to make such properties and facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier, and to charge for their use and for any and all services performed by the authority;

(2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;

(3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority;

(4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority. In exercising the powers granted in this subdivision (a)(4), the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters;

(5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;

(6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;

(B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and

(C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;

(D) In exercising the powers granted in subdivisions (a)(6)(A)-(C), the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters;

(7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render;

(8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;

(9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities. In exercising the powers granted in this subdivision (a)(9), the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters; and

(10) Do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

(b) Except as otherwise expressly provided in this part, the directors have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

[Acts 1983, ch. 302, §§ 5, 6.]

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U.S. Code Provisions: Railroads

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