§ 876 — Notice requirements

New York § 876

• Jurisdiction: New York
• Law LAB: Labor
• Art. 28: Toxic Substances

Text

§ 876. Notice requirements. Notice to employees and their\nrepresentatives regarding toxic substances. 1. Every employer shall post\na sign in every workplace at the location or locations where notices to\nemployees are normally posted, to inform employees that they have a\nright to information from their employer regarding the toxic substances\nfound in the workplace and a description of the toxic effects of these\nsubstances and the circumstances under which these effects are produced.\n 2. Until such time as the commissioner in consultation with the\ncommissioner of health determines that there is a federal program in\neffect which will guarantee substantially similar protection to\nemployees, each employer shall make available in writing to each\nemployee, and if so requested their representatives, information\nrelating to all toxic effects and the circumstances under which these\neffects are produced from the toxic substances to which the employee may\nbe exposed in the course and scope of employment.\n 3. It shall be the responsibility of the employer to obtain\ninformation relating to toxic substances from: the manufacturer; the New\nYork state department of health; the Federal Environmental Protection\nAgency's Chemical Substances Information Network; and the Health Hazard\nEvaluation Program of the National Institute of Occupational Safety and\nHealth.\n 4. Subject to the limitations set forth in section eight hundred\nseventy-seven of this article, any manufacturer, importer, producer or\nformulator of any toxic substance shipped or transported or sold for any\nuse within the state must provide, upon request, the following\ninformation:\n (a) the name or names of the toxic substance, including the generic or\nchemical name;\n (b) the trade name of the chemical and any other commonly used name;\n (c) the level at which exposure to the substance is determined to be\nhazardous, if known;\n (d) the acute and chronic effects of exposure at hazardous levels;\n (e) the symptoms of such effects;\n (f) the potential for flammability, explosion and reactivity of such\nsubstance;\n (g) appropriate emergency treatment;\n (h) proper conditions for safe use and exposure to such toxic\nsubstance;\n (i) procedures for cleanup of leaks and spills of such toxic\nsubstance.\n 5. Whenever an employer receives new information concerning those\nsubjects listed in subdivision four of this section, whether from the\nmanufacturer, importer, producer or formulator or from state or federal\nagencies, such employer must make such new information available to\nemployees and if so requested, their representatives upon receipt of\nsame.\n 6. Each employer shall make available to every employee the\ninformational leaflets that he receives about the toxic substances\ninformation program pursuant to section forty-eight hundred four of the\npublic health law.\n 7. Upon receipt of a request for information the employer must provide\nthe requested information in writing within seventy-two hours, excluding\nweekends and public holidays. If the information is not provided, the\nemployee may not be required to work with the toxic substance until the\ninformation is made available.\n 8. Provision of information to an employee shall not in any way affect\nthe liability of an employer with regard to the health and safety of an\nemployee or other persons exposed to toxic substances, nor shall it\naffect the employer's responsibility to take any action to prevent the\noccurrence of occupational disease as required under any other provision\nof law. Further, it shall not affect any other duty or responsibility of\na manufacturer, producer, or formulator to warn ultimate users of a\ntoxic substance pursuant to any other provisions of law.\n