Montana OSHA laws & HR compliance analysis

Montana OSHA: What you need to know

Montana does not have an approved occupational safety and health regulatory program; therefore, in the private sector workplace, the federal Occupational Safety and Health Act (OSH Act) administered by OSHA governs health and safety. The OSH Act is “preemptive,” that is, it overrides state work safety and health laws and regulations for the private sector. If an individual state wishes to enact its own work safety laws for private sector employees, it must have federal approval, and its state plan must be at least as stringent as the federal Act.
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Montana has its own occupational safety and health act (et seq.), which is preempted by the OSH Act for the private sector and covers only public employers and public contractors. The Montana act has adopted the standards of the federal OSH Act.
The state law is administered by the Department of Labor and Industry (DOLI)/Safety and Health Bureau, which has the authority to prescribe and order safety rules and devices and safeguards. The law requires employers to provide employees with a safe workplace, to require the use of safeguards for machinery, personal protective equipment, and other safety devices. An employee who believes an employer is violating the state's safety and health law may first notify his or her employer, and if the violation is not remedied, may complain in writing to the Department of Labor and Industry. DOLI has the authority to prohibit the use of equipment it finds unsafe or order an unsafe workplace shut down entirely.
Hazard communication. Montana's Employee and Community Hazardous Chemical Information Act (MT Code Sec. 50-78-101et seq.) applies to public sector workplaces and follows the requirements ...

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