§ 28-21-11 - Exclusions.
SECTION 28-21-11
§ 28-21-11 Exclusions. – (a) This chapter does not apply to any designated substance that is a food,drug, cosmetic, or tobacco product if the substance is intended for personalconsumption by employees while in the workplace. Additionally, the chapter doesnot apply to any consumer product and/or food stuff in its finished statepackaged for distribution to and intended or retail sale to and use orconsumption by the general public.
(b) This chapter does not apply to hazardous or toxicsubstances being developed or used only in laboratories; "laboratories" includeall laboratories except those laboratories that provide quality control orother support to a manufacturing process or laboratories that produce productsfor commercial purposes; provided, that:
(i) The employer ensures that labels on incoming containersof hazardous or toxic chemicals are not removed or defaced;
(ii) The employer maintains any material safety data sheetsor other pertinent data for incoming shipments of hazardous or toxic chemicalsand ensures that they are readily accessible to laboratory employees; and
(iii) The employer shall ensure that laboratory employees areapprised of the hazards of the chemicals in their work place in accordance withsubdivision (2) of this subsection.
(2) Laboratory employees information and training.(i) Employers shall provide all employees including supportpersonnel and students with information and training on hazardous and toxicsubstances in their work area at the time of their initial assignment andwhenever a new hazard is introduced into their work area.
(ii) New chemicals being developed in research activities areexempt from the requirements of this subdivision.
(iii) Employees shall be informed of:
(A) The requirements of this section.
(B) Any operations in their work area where hazardous andtoxic chemicals are present.
(C) The location and availability of material safety datasheets and other written sources of chemical hazard information.
(iv) Employee training shall include at least:
(A) Methods and observations that may be used to detect thepresence or release of a hazardous or toxic substance in the work area, such asmonitoring conducted by the employer, continuous monitoring devices, visualappearance or odor of hazardous or toxic chemicals when being released, etc.;
(B) The physical and health hazards of the substances in thework area;
(C) The measures employees can take to protect themselvesfrom these hazards, including specific procedures the employer has implementedto protect employees from exposure to hazardous or toxic substances, such asappropriate work practices, emergency procedures, and personal protectiveequipment to be used.
(3) Employers shall provide to the person responsible for theadministration and direction of a fire department in a fire district ormunicipality, including a fire chief or fire administrator or that person'sdesignee:
(i) A list of storage areas, sufficiently identified by nameand location, where hazardous and toxic substances in unit quantities greaterthan two (2) gallons or ten (10) pounds are stored, including a fulldescription of the types of hazards present on a generic basis rather than foreach individual material.
(ii) The person responsible for the administration anddirection of a fire department in a fire district or municipality, including afire chief or fire administrator or that person's designee, shall maintain theinformation provided by the employer under paragraph (i) of this subdivisionand shall provide copies of this information:
(A) To fire suppression and fire inspection divisions withinthe same jurisdiction;
(B) Upon request, to any fire department employee or anemployee representative of a fire department employee; and
(C) In the event of an emergency, a full list of substancespresent and involved in the incident shall be made available to fire personnelwithin forty-eight (48) hours subsequent to the emergency.
(c) This chapter does not apply to any designated substancesbeing transported by truck where the substances are regulated by the UnitedStates department of transportation under rules and regulations on hazardousand dangerous substances as contained in 49 CFR. Compliance with theregulations shall be deemed to satisfy the listing, training, and labelingrequirements of this chapter for those employees engaged in the actualtransporting of the substance.
(2) For the purposes of this subsection, "transport" meansonly the actual hauling of manifested products in marked containers.
(d) This chapter does not apply to exposure to any materialsremoved in actual trash collection. This exclusion shall not apply tosubstances used in the processing of these waste products.