Montana Code 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 chemical within 5 working days of the request for information, as required by this chapter, may not require the employee to work with the hazardous chemical until the information is made available.
Terms Used In Montana Code 50-78-204
- Designated representative: means :
(a)the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or
(b)a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization. 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
- Exposure: means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure. 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
- OSHA standard: means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 C. See Montana Code 50-78-102
- Workplace: means an establishment at one geographical location containing one or more work areas. See Montana Code 50-78-102
(2)Each employee must receive training from the employer, as provided in 50-78-305 or in the OSHA standard, on the hazards of workplace chemicals and on protective measures for handling those chemicals.
(3)Each employee required to work with a hazardous chemical must be provided with appropriate personal protective equipment.
(4)An employer may not discharge, cause to be discharged, discipline, discriminate against, or initiate any adverse personnel action against any employee who exercises the employee’s rights, testifies, or assists others in exercising their rights or duties under this chapter.
(5)A waiver by an employee of the benefits, rights, or requirements of this chapter is against public policy and is void. An employer’s request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.
(6)A designated representative may act on behalf of an employee in pursuing any right or enforcement remedy under this chapter.