Montana Hazard Communication laws & safety compliance analysis

Montana Hazard Communication : What you need to know

·     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 Employee and Community Hazardous Chemical Information Act (ECHCIA) applies to public (government agencies) sector employers.

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·     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.

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.

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 of the request for information may not require the employee to work with the hazardous chemical until the information is made available.

Employers must train their employees on the hazards of workplace chemicals and on protective measures for handling those chemicals, and provide them with appropriate personal protective equipment.

Employers may not retaliate against employees who exercise their rights under worker right-to-know rules. Employees may not waive any benefits, ...

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