50-78-103. Applicability — exemptions. (1) The provisions of this chapter do not apply to:

Terms Used In Montana Code 50-78-103

  • Chemical manufacturer: means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution. See Montana Code 50-78-102
  • Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
  • Employee: means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies. See Montana Code 50-78-102
  • Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
  • Hazardous chemical: means , except as provided in 50-78-103:

    (a)any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

    (b)any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

    (c)any emitter of ionizing radiation. See Montana Code 50-78-102

  • Material safety data sheet: means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information. See Montana Code 50-78-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(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 Act, Title 50, chapter 31;

(d)a source of ionizing radiation that is an exempt or generally licensed material or device, as defined and described in rules adopted under 50-79-202 and implementing 50-79-104 and 50-79-202;

(e)the radiological properties of any source, byproduct, or special nuclear material as defined in sections 11(z), 11(aa), and 11(e)(1) of the federal Atomic Energy Act of 1954; or

(f)sealed containers of hazardous chemicals:

(i)during transportation or while in storage at transportation terminals, so long as existing labels are not removed or defaced and the employer complies with state and federal regulations relating to the transportation of hazardous chemicals; or

(ii)at a facility of a distributor, as long as existing labels are not removed or defaced and the employer distributes material safety data sheets as required under 50-78-203(1).

(2)Employers operating the following workplaces are in compliance with this chapter if they retain and make accessible to employees and, when applicable, to students, all material safety data sheets received or, if no material safety data sheet is received for a hazardous chemical, any other information received on its hazards and safe handling and if the provisions of 50-78-206, 50-78-301(2) through (4), and 50-78-305 are met:

(a)a teaching, research, or testing laboratory, including any associated storeroom;

(b)a clinical laboratory or health care facility as defined in 50-5-101;

(c)a pharmacy as defined in 37-7-101;

(d)a public health center as defined in 7-34-2102; or

(e)an office of a physician, dentist, osteopath, podiatrist, optometrist, or veterinarian licensed under Title 37.

(3)The provisions of this chapter do not apply to any hazardous chemical subject to the packaging and labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136, et seq., except that a chemical manufacturer producing the hazardous chemicals must comply with all provisions of this chapter.