§ 8-7-1008 - Employee information and training.

8-7-1008. Employee information and training.

(a) Each public employer shall provide an information and training program for its employees as defined in 8-7-1003(9). Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working in a work area containing hazardous chemicals.

(b) (1) The information and training program provided pursuant to this section shall be developed in accordance with regulations to be promulgated by the Director of the Department of Labor pursuant to 8-7-1011 within six (6) months after July 1, 1991.

(2) The regulations shall include, at a minimum, requirements concerning:

(A) Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication;

(B) The location and availability of the workplace chemical list and material safety data sheets;

(C) Any operations in an employee's work area where hazardous chemicals are present;

(D) The physical and health hazards of the hazardous chemicals in the work area;

(E) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.;

(F) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;

(G) Frequency of training;

(H) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and

(I) Employees' rights under this subchapter.

(c) Training programs addressing each of the requirements of subsection (b) of this section and conducted in full compliance with Title III of the federal Emergency Planning and Community Right to Know Act of 1986 shall be deemed to meet the requirements of this section.

(d) Public employers shall keep a record of the dates of training sessions given to their employees.

(e) Each public employer shall conduct the initial information and training program required pursuant to this section within one (1) year after July 1, 1991. This program may be conducted with the assistance of the director pursuant to 8-7-1009.

(f) The director shall have authority to promulgate rules and regulations in accordance with 8-7-1011:

(1) To exempt public employers from providing the information and training otherwise required by this section to employees with special skills and knowledge concerning hazardous chemicals, if such special skills and knowledge would make the information and training unnecessary; and

(2) To require public employers to provide refresher training for employees in workplaces or in circumstances in which the director reasonably determines such refresher training to be necessary and appropriate.