Montana Hazard Communication regulations & environmental compliance analysis

Montana Hazard Communication: What you need to know

Governing Law and Regulations

Occupational Safety and Health Act (OSH Act), 29 USC 651 to 678 and regulations at 29 CFR 1910.1200

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Montana Employee and Community Hazardous Chemical Information Act (ECHCIA), Montana Code Annotated (MCA) 50-78-101 to 50-78-402

Employee rights: MCA 50-78-204

Regulatory Agencies

U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Region 8

Montana Department of Environmental Quality (DEQ)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Montana does not have its own approved occupational safety and health regulatory program; therefore, the federal worker right-to-know standards govern in all private sector employment. Montana's ECHCIA applies to public (government agencies) sector employers.

Administration and enforcement. OSHA administers and enforces the federal worker right-to-know rules in private sector workplaces. DEQ handles all requests for trade secret protection.

State Requirements

PUBLIC SECTOR

MCA 50-78-104

ECHCIA applies to public sector employers that do not comply with the federal workplace safety and health standards. Private sector employers and public sector employers that comply with the federal worker right-to-know rules only need to comply with the Montana provisions for employee rights.

Employee Rights

MCA 50-78-204

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 that does not provide this information within five working days ...


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