§ 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 personal consumption by employees
while in the workplace. Additionally, the chapter does not apply to any consumer product
and/or food stuff in its finished state packaged for distribution to and intended
or retail sale to and use or consumption by the general public.
(b)(1) This chapter does not apply to hazardous or toxic substances being developed or used
only in laboratories; "laboratories� include all laboratories except those laboratories
that provide quality control or other support to a manufacturing process or laboratories
that produce products for commercial purposes; provided, that:
(i) The employer ensures that labels on incoming containers of hazardous or toxic chemicals
are not removed or defaced;
(ii) The employer maintains any material safety data sheets or other pertinent data for
incoming shipments of hazardous or toxic chemicals and ensures that they are readily
accessible to laboratory employees; and
(iii) The employer shall ensure that laboratory employees are apprised of the hazards of
the chemicals in their work place in accordance with subdivision (2) of this subsection.
(2) Laboratory employees information and training. (i) Employers shall provide all employees including support personnel and students
with information and training on hazardous and toxic substances in their work area
at the time of their initial assignment and whenever a new hazard is introduced into
their work area.
(ii) New chemicals being developed in research activities are exempt 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 and toxic chemicals are present.
(C) The location and availability of material safety data sheets 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 the presence or release of a hazardous
or toxic substance in the work area, such as monitoring conducted by the employer,
continuous monitoring devices, visual appearance or odor of hazardous or toxic chemicals
when being released, etc.;
(B) The physical and health hazards of the substances in the work area;
(C) 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 or toxic substances, such as appropriate work practices, emergency procedures,
and personal protective equipment to be used.
(3) Employers shall provide to the person responsible for the administration and direction
of a fire department in a fire district or municipality, including a fire chief or
fire administrator or that person's designee:
(i) A list of storage areas, sufficiently identified by name and location, where hazardous
and toxic substances in unit quantities greater than two gallons (2 gals.) or 10 pounds
(10 lbs.) are stored, including a full description of the types of hazards present
on a generic basis rather than for each individual material.
(ii) The person responsible for the administration and direction of a fire department in
a fire district or municipality, including a fire chief or fire administrator or that
person's designee, shall maintain the information provided by the employer under paragraph
(i) of this subdivision and shall provide copies of this information:
(A) To fire suppression and fire inspection divisions within the same jurisdiction;
(B) Upon request, to any fire department employee or an employee representative of a fire
department employee; and
(C) In the event of an emergency, a full list of substances present and involved in the
incident shall be made available to fire personnel within forty-eight (48) hours subsequent
to the emergency.
(c)(1) This chapter does not apply to any designated substances being transported by truck
where the substances are regulated by the United States Department of Transportation
under rules and regulations on hazardous and dangerous substances as contained in
49 C.F.R. Compliance with the regulations shall be deemed to satisfy the listing,
training, and labeling requirements of this chapter for those employees engaged in
the actual transporting of the substance.
(2) For the purposes of this subsection, "transport� means only the actual hauling of
manifested products in marked containers.
(d) This chapter does not apply to exposure to any materials removed in actual trash collection.
This exclusion shall not apply to substances used in the processing of these waste
products.