reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-102. Hoisting engine license required

50-76-102. Hoisting engine license required.
(1) (a) It is unlawful for a person to operate any hoisting engine driven by any power when used in lowering or hoisting personnel or material in industrial operations or on construction projects without first obtaining a license from the department.
(b) In emergencies under 50-74-317 relating to the employment of unlicensed engineers, the provisions of that section apply to the operation of the engines and machinery named in this section.
(2) First-class hoisting engineers must be licensed to operate hoisting engines driven by any power and unlimited horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.
(3) Second-class hoisting engineers must be licensed to operate hoisting engines driven by any power and not in excess of 100 brake horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.
(4) The provisions of this section do not apply to hoists and cranes defined in 50-76-103.
History: En. Sec. 1, Ch. 104, L. 1915; amd. Sec. 1, Ch. 31, L. 1919; re-en. Sec. 2730, R.C.M. 1921; re-en. Sec. 2730, R.C.M. 1935; amd. Sec. 17, Ch. 225, L. 1971; amd. Sec. 35, Ch. 182, L. 1975; amd. Sec. 1, Ch. 456, L. 1975; R.C.M. 1947, 69-1601(1) thru (4); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 22, Ch. 514, L. 1995; amd. Sec. 187, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-103. Crane and hoist license required

50-76-103. Crane and hoist license required.
(1) (a) It is unlawful for a person to operate any crane and hoist equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's load chart rating of 6 tons or more or to operate a tower crane of any capacity without first obtaining a license from the department. The crane and hoist equipment includes overhead trolley and gantry cranes used only in construction and excludes equipment with excavation attachments or log loading equipment when in use.
(b) In emergencies, 50-74-317 applies to the operation of the equipment named in this section.
(2) Licensing is as follows:
(a) Licensed first-class crane and hoist engineers may operate any hoisting equipment in industrial or construction operations.
(b) (i) An applicant for a first-class crane and hoist engineer's license must be at least 18 years of age and, except as provided in 50-76-113:
(A) may not have less than 1 year of experience operating equipment requiring a second-class crane and hoist engineer's license or shall demonstrate equivalent competency by examination; and
(B) shall pass a written test prescribed by the department.
(ii) A biennial physical exam is required of all first-class licensees.
(c) Licensed second-class crane and hoist engineers may operate crane and hoist equipment with a manufacturer's load chart rating of between 6 tons and 17.5 tons or a tower crane of any capacity.
(d) (i) An applicant for a second-class crane and hoist engineer's license must be at least 18 years of age and, and except as provided in 50-76-113:
(A) may not have less than 1 year of experience in actual operation of crane and hoist equipment covered by this section or shall demonstrate equivalent competency by examination; and
(B) shall pass a written examination prescribed by the department.
(ii) A biennial physical exam is required of all second-class licensees.
(e) Licensed third-class crane and hoist engineers may move all truck cranes driven by any power and of any capacity. This license requirement also applies to truck crane oilers who move truck cranes.
(f) An applicant for a third-class crane and hoist engineer's license is required to successfully pass a written test prescribed by the department and must be at least 18 years of age before receiving a license.
(3) The department shall reexamine each licensee every 5 years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for 5 years.
History: En. 69-1601.1 by Sec. 2, Ch. 456, L. 1975; amd. Sec. 1, Ch. 148, L. 1977; R.C.M. 1947, 69-1601.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 23, Ch. 514, L. 1995; amd. Sec. 44, Ch. 481, L. 1997; amd. Sec. 3, Ch. 65, L. 2001; amd. Sec. 188, Ch. 483, L. 2001; amd. Sec. 1, Ch. 93, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-104. Application, examination, and fee for license

50-76-104. Application, examination, and fee for license.
(1) Application for licenses must be made to the department and submitted with the appropriate fee that is set commensurate with the cost of administering this program, to be deposited in the state special revenue fund for use by the department.
(2) The department shall determine by rule the fees to be charged an applicant for each examination and reexamination. The fees must be commensurate with costs.
(3) The department may use a third party to perform examination and grading services.
History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 24, Ch. 514, L. 1995; amd. Sec. 45, Ch. 481, L. 1997; amd. Sec. 189, Ch. 483, L. 2001; amd. Sec. 27, Ch. 196, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-105. Repealed

50-76-105. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 55, Ch. 492, L. 1997; amd. Sec. 190, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-106. Repealed

50-76-106. Repealed.
Sec. 46, Ch. 481, L. 1997.
History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 25, Ch. 514, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-107. Scope of license

50-76-107. Scope of license.
A license granted under this chapter entitles the holder to operate any of the machinery named in 50-76-102 and 50-76-103, and the license shall specify that machinery, but no license issued shall authorize or qualify the person to whom issued to operate a boiler, steam engine, steam-driven machinery, or air compressor.
History: En. Sec. 3, Ch. 104, L. 1915; amd. Sec. 2, Ch. 31, L. 1919; re-en. Sec. 2732, R.C.M. 1921; re-en. Sec. 2732, R.C.M. 1947; amd. Sec. 19, Ch. 225, L. 1971; amd. Sec. 4, Ch. 456, L. 1975; R.C.M. 1947, 69-1603(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-108. Renewal of application by rejected candidate

50-76-108. Renewal of application by rejected candidate.
A person who has applied for a license under this chapter and has been rejected may renew the application for a license within the time and in the manner prescribed in 50-74-312.
History: En. Sec. 6, Ch. 104, L. 1915; re-en. Sec. 2735, R.C.M. 1921; amd. Sec. 5, Ch. 456, L. 1975; R.C.M. 1947, 69-1606; amd. Sec. 1893, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-109. Violation of chapter -- misdemeanor

50-76-109. Violation of chapter -- misdemeanor.
(1) A person who operates a crane, hoist, or other equipment described in 50-76-102 or 50-76-103 for which a crane and hoist engineer's license is required without first obtaining a license, and every owner, employer, or manager of the crane, hoist, or other equipment who permits an unlicensed person to operate the crane, hoist, or other equipment is guilty of a misdemeanor.
(2) A person who knowingly operates or an owner, employer, or manager who knowingly allows the operation of a crane, hoist, or other equipment in violation of the rules adopted pursuant to 50-76-110(2) is guilty of a misdemeanor.
History: En. Sec. 7, Ch. 104, L. 1915; re-en. Sec. 2736, R.C.M. 1921; re-en. Sec. 2736, R.C.M. 1935; amd. Sec. 21, Ch. 225, L. 1971; amd. Sec. 7, Ch. 456, L. 1975; amd. Sec. 2, Ch. 148, L. 1977; R.C.M. 1947, 69-1607; amd. Sec. 4, Ch. 93, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-110. Crane inspector -- qualifications -- inspections

50-76-110. Crane inspector -- qualifications -- inspections.
(1) The department shall employ at least one crane inspector. A crane inspector must have a minimum of 3 years of experience as a licensed third-class crane and hoist engineer.
(2) The department may adopt by rule applicable operating and safety standards established by the American national standards institute.
(3) A crane inspector may require that a crane, hoist, or other equipment subject to this chapter that is not being operated in compliance with an operating or safety standard adopted by rule pursuant to subsection (2) be declared to be out of service and that the crane, hoist, or other equipment not be operated until the noncompliance is cured.
History: En. 69-1608 by Sec. 6, Ch. 456, L. 1975; R.C.M. 1947, 69-1608; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 26, Ch. 514, L. 1995; amd. Sec. 191, Ch. 483, L. 2001; amd. Sec. 5, Ch. 93, L. 2005; amd. Sec. 1, Ch. 45, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-111. Definitions

50-76-111. Definitions.
As used in this part, the following definitions apply:
(1) "Crane" means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally.
(2) "Department" means the department of labor and industry provided for in 2-15-1701.
(3) "Gantry crane" and "trolley crane" are synonymous and mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or another type of runway.
(4) "Hoist" means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements.
History: En. Sec. 40, Ch. 481, L. 1997; amd. Sec. 192, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-112. Rulemaking authority

50-76-112. Rulemaking authority.
(1) The department may adopt rules consistent with the purposes of this chapter for the administration of the following classes of crane and hoist operators:
(a) crane and hoist oiler;
(b) crane and hoist hoisting;
(c) crane and hoist hydraulic;
(d) crane gantry and trolley;
(e) hoists;
(f) mine hoists;
(g) hydraulic and boom trucks;
(h) tower crane; and
(i) air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.
(2) In adopting rules pertaining to inspections and safety requirements, the department may consult with engineering authorities and organizations concerned with safety codes, rules, and regulations governing the operation, testing, maintenance, and inspection of cranes, hoists, and other equipment subject to the provisions of this chapter.
History: En. Sec. 41, Ch. 481, L. 1997; amd. Sec. 6, Ch. 93, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-113. Recognition of national certification

50-76-113. Recognition of national certification.
(1) The department shall issue a first-class or second-class crane and hoist engineer's license to any individual who is certified by the national commission for the certification of crane operators or any other similar certifying organization that has been approved by the department as having qualifications that are at least substantially equivalent to the requirements of this state for licensing as a first-class or second-class crane and hoist engineer.
(2) An individual licensed under this section is subject to all requirements of this chapter pertaining to licensed first-class or second-class crane and hoist engineers, including license fees, biennial physical exams, and 5-year reexaminations.
History: En. Sec. 2, Ch. 93, L. 2005; amd. Sec. 23, Ch. 100, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 76. Hoisting Engines › Part 1. General Provisions › 50-76-114. Failure of licensee to have possession of license or proof of license while operating equipment

50-76-114. Failure of licensee to have possession of license or proof of license while operating equipment.
(1) A person may not operate any equipment covered by licensure under this chapter unless the person has possession of the license or proof of licensure at the time the person is operating the equipment.
(2) The department shall issue a citation to any person violating the provisions of subsection (1). The department may direct an employee of the department to conduct onsite inspections to determine compliance with subsection (1) and to issue citations for violations of subsection (1).
(3) The citation must include:
(a) the time and date on which the citation is issued;
(b) the name, address, and mailing address of the person receiving the citation;
(c) information explaining the procedure for paying the fine or for providing the department with proof of licensure;
(d) a statement that the amount of the fine is $100 and that the person receiving the citation has 30 days from the date of the citation to pay the fine or to submit proof of licensure to the department; and
(e) a statement that failure to pay the fine or to provide proof of licensure may result in revocation of the license of the person receiving the citation.
(4) The department shall waive the fine for any person who provides proof of licensure within the 30-day period provided in subsection (3)(d).
History: En. Sec. 3, Ch. 93, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-101. Scaffolds -- definition -- safety practices -- liability

50-77-101. Scaffolds -- definition -- safety practices -- liability.
(1) As used in this part, "scaffold" or "scaffolding" means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. The term includes a ladder or other equipment that is the exclusive route of access to the scaffold but does not include any other ladder or other mobile construction equipment.
(2) Employers and employees shall follow safety practices commonly recognized in the construction industry as well as applicable state and federal occupational safety laws.
(3) Subject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor, or builder who uses or constructs a scaffold on a construction site is liable for damages sustained by any person who uses the scaffold, except a fellow employee or immediate employer, when the damages are caused by negligence of the contractor, subcontractor, or builder in the use or construction of the scaffold.
(4) If a person dies from an injury caused by the negligent use or construction of a scaffold, the right of action survives and may be prosecuted and maintained by the decedent's heirs or personal representatives.
History: En. Sec. 1, Ch. 107, L. 1909; re-en. Sec. 2672, R.C.M. 1921; re-en. Sec. 2672, R.C.M. 1935; amd. Sec. 8, Ch. 187, L. 1977; R.C.M. 1947, 69-1401; amd. Sec. 1, Ch. 404, L. 1995; (3), (4)En. Sec. 2, Ch. 404, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-102. Temporary floors for protection of workers

50-77-102. Temporary floors for protection of workers.
(1) It is the duty of an owner, person, or corporation that has the direct and immediate supervision or control of the construction or remodeling of any building having more than three framed floors, whether some or all of the floors are above or below the established street grade, to provide and lay upon the upper side of the joists or girders, or both, of the first floor below the riveters and structural steel setters a plank floor, which must be laid to form a good substantial temporary floor for the protection of employees and all persons engaged above or below or on the temporary floor in the building.
(2) If the permanent floor is in place on the floor required to be planked, a temporary protective floor may not be required.
(3) If the floor or permanent floor of the second floor, any other floor above the second floor, or the roof is being placed previous to the permanent floor immediately below the floor that is being arched or planked, a good substantial temporary floor must be laid on the joists and girders of the next lower floor.
(4) For the purpose of this section, the lowest framed floor in the building is considered the first floor.
History: En. Sec. 2, Ch. 107, L. 1909; re-en. Sec. 2673, R.C.M. 1921; R.C.M. 1947, 69-1402; amd. Sec. 1894, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-103. Planking above scaffolds

50-77-103. Planking above scaffolds.
In buildings more than three stories high where persons are working on a scaffold or scaffolds on the outside of such buildings, such persons shall be protected by well secured planking set over the heads of such persons for the full width of the scaffolding on which they are working if another story or stories are being raised above such persons during the time they are working on such outside scaffold or scaffolding.
History: En. Sec. 3, Ch. 107, L. 1909; re-en. Sec. 2674, R.C.M. 1921; R.C.M. 1947, 69-1403.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-104. Guarding of stairways and other openings

50-77-104. Guarding of stairways and other openings.
It shall be the duty of all owners, contractors, builders, or persons having the direct and immediate control or supervision of any buildings in course of erection, which shall be more than 30 feet high, to see that all stairways, elevator openings, flues, and all other openings in the floors shall be covered or properly protected.
History: En. Sec. 4, Ch. 107, L. 1909; re-en. Sec. 2675, R.C.M. 1921; re-en. Sec. 2675, R.C.M. 1935; R.C.M. 1947, 69-1404(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-105. Temporary toilets

50-77-105. Temporary toilets.
Wherever such building or buildings over three stories high, other than a residence, are being erected in any city or town, temporary toilets in or convenient to such building shall be maintained for the convenience of the employees.
History: En. Sec. 4, Ch. 107, L. 1909; re-en. Sec. 2675, R.C.M. 1921; re-en. Sec. 2675, R.C.M. 1935; R.C.M. 1947, 69-1404(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-106. Repealed

50-77-106. Repealed.
Sec. 1, Ch. 232, L. 1999.
History: En. Sec. 5, Ch. 107, L. 1909; re-en. Sec. 2676, R.C.M. 1921; re-en. Sec. 2676, R.C.M. 1935; R.C.M. 1947, 69-1405(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 77. Construction Site Health and Safety › Part 1. General Provisions › 50-77-107. Penalty for violation

50-77-107. Penalty for violation.
Any person violating any of the provisions of the foregoing sections shall be fined not less than $100 or more than $200 for each offense.
History: En. Sec. 5, Ch. 107, L. 1909; re-en. Sec. 2676, R.C.M. 1921; re-en. Sec. 2676, R.C.M. 1935; R.C.M. 1947, 69-1405(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 1. General › 50-78-101. Short title

50-78-101. Short title.
This chapter may be known and cited as the "Employee and Community Hazardous Chemical Information Act".
History: En. Sec. 1, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 1. General › 50-78-103. Applicability -- exemptions

50-78-103. Applicability -- exemptions.
(1) The provisions of this chapter do not apply to:
(a) any consumer product intended for personal consumption or use by an employee;
(b) any retail food sale establishment or other retail trade establishment, exclusive of processing and repair areas;
(c) a food, drug, or cosmetic as defined in the Montana Food, Drug, and Cosmetic Act, Title 50, chapter 31;
(d) a source of ionizing radiation that is an exempt or generally licensed material or device, as defined and described in rules adopted under 50-79-202 and implementing 50-79-104 and 50-79-202;
(e) the radiological properties of any source, byproduct, or special nuclear material as defined in sections 11(z), 11(aa), and 11(e)(1) of the federal Atomic Energy Act of 1954; or
(f) sealed containers of hazardous chemicals:
(i) during transportation or while in storage at transportation terminals, so long as existing labels are not removed or defaced and the employer complies with state and federal regulations relating to the transportation of hazardous chemicals; or
(ii) at a facility of a distributor, as long as existing labels are not removed or defaced and the employer distributes material safety data sheets as required under 50-78-203(1).
(2) Employers operating the following workplaces are in compliance with this chapter if they retain and make accessible to employees and, when applicable, to students, all material safety data sheets received or, if no material safety data sheet is received for a hazardous chemical, any other information received on its hazards and safe handling and if the provisions of 50-78-206, 50-78-301(2) through (4), and 50-78-305 are met:
(a) a teaching, research, or testing laboratory, including any associated storeroom;
(b) a clinical laboratory or health care facility as defined in 50-5-101;
(c) a pharmacy as defined in 37-7-101;
(d) a public health center as defined in 7-34-2102; or
(e) an office of a physician, dentist, osteopath, podiatrist, optometrist, or veterinarian licensed under Title 37.
(3) The provisions of this chapter do not apply to any hazardous chemical subject to the packaging and labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136, et seq., except that a chemical manufacturer producing the hazardous chemicals must comply with all provisions of this chapter.
History: En. Sec. 3, Ch. 641, L. 1985; amd. Sec. 1, Ch. 536, L. 1987; amd. Sec. 16, Ch. 93, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 1. General › 50-78-104. Relationship to OSHA standard

50-78-104. Relationship to OSHA standard.
Any employer complying with the provisions of the OSHA standard, whether or not that employer is regulated by the OSHA standard, is exempt from the provisions of this chapter, except for 50-78-204 and 50-78-301.
History: En. Sec. 4, Ch. 641, L. 1985; amd. Sec. 2, Ch. 536, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-201. Notice to employees

50-78-201. Notice to employees.
Employers shall post adequate notice at locations where notices are normally posted informing employees about their rights under this chapter.
History: En. Sec. 5, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-202. Workplace chemical list

50-78-202. Workplace chemical list.
(1) Each employer shall compile and maintain a workplace chemical list. Except as provided in 50-78-205, the workplace chemical list must contain the chemical name of each hazardous chemical in the workplace, cross-referenced to any generally used common name. For chemical mixtures, the chemical name of each hazardous constituent indicated on the material safety data sheet must be provided in parentheses along with the chemical name. The chemical abstracts service registry number, if available from the material safety data sheet, must accompany all chemical names on the workplace chemical list.
(2) The workplace chemical list must indicate the work area in which each hazardous chemical is normally stored or used.
(3) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided the list is readily available to employees and their designated representatives.
(4) New or newly assigned employees must be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.
(5) The workplace chemical list must be updated as necessary but not less than annually.
History: En. Sec. 6, Ch. 641, L. 1985; amd. Sec. 1, Ch. 15, Sp. L. June 1986.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-203. Material safety data sheets

50-78-203. Material safety data sheets.
(1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical.
(2) Each employer shall maintain the most current material safety data sheet for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time a hazardous chemical is delivered to the employer, the employer shall request one in writing within 5 working days. Each employer shall maintain a copy of any correspondence sent or received by the employer in an effort to obtain a material safety data sheet for a hazardous chemical when none was provided by the chemical manufacturer or distributor.
(3) Material safety data sheets must be provided by the employer to any employee or designated representative upon request for review or copying.
History: En. Sec. 7, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-204. Employee rights

50-78-204. Employee rights.
(1) 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 who does not provide an employee with information on a hazardous chemical within 5 working days of the request for information, as required by this chapter, may not require the employee to work with the hazardous chemical until the information is made available.
(2) Each employee must receive training from the employer, as provided in 50-78-305 or in the OSHA standard, on the hazards of workplace chemicals and on protective measures for handling those chemicals.
(3) Each employee required to work with a hazardous chemical must be provided with appropriate personal protective equipment.
(4) An employer may not discharge, cause to be discharged, discipline, discriminate against, or initiate any adverse personnel action against any employee who exercises the employee's rights, testifies, or assists others in exercising their rights or duties under this chapter.
(5) A waiver by an employee of the benefits, rights, or requirements of this chapter is against public policy and is void. An employer's request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.
(6) A designated representative may act on behalf of an employee in pursuing any right or enforcement remedy under this chapter.
History: En. Sec. 10, Ch. 641, L. 1985; amd. Sec. 1895, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-205. Trade secret confidentiality

50-78-205. Trade secret confidentiality.
(1) An employer who believes that the name of a hazardous chemical is a trade secret may withhold the chemical name from the material safety data sheet and workplace chemical list only if:
(a) a material safety data sheet, coded to an identifying notation on each container of the hazardous chemical, is available in the work area where the hazardous chemical is present;
(b) the material safety data sheet discloses the properties and effects of the hazardous chemical;
(c) the specific chemical identity is provided to a treating physician or nurse in the event of a medical emergency, as provided for in subsection (i)(2) of the OSHA standard;
(d) the specific chemical identity is provided in nonemergency situations to a health professional providing medical or other occupational health services to an exposed employee, as provided for in subsections (i)(3) through (5) of the OSHA standard; and
(e) the employer claims that the information is a trade secret and that claim can be supported.
(2) If a person believes that disclosing certain trade information on a material safety data sheet will reveal a trade secret, a trade secret claim may be filed with the department, which shall use this procedure to determine the validity of the trade secret claim:
(a) The department shall give notice by certified mail to the person making the claim to submit trade secret substantiation information within 30 days after receipt of such notice. Failure to supply the substantiation information constitutes a waiver of the trade secret claim.
(b) The department has the responsibility to determine the validity of the trade secret claim and shall consider the trade secret substantiation information as confidential.
(c) If the department determines the trade secret claim is not valid, the department shall so notify by certified mail the person making the claim for trade secret protection, stating the basis for the decision. The person making the claim has 30 days after notification by the department to initiate judicial review in the district court of Lewis and Clark County and obtain a preliminary injunction or other court order to prevent disclosure of the trade secret.
(d) The unauthorized use or disclosure of trade secret information submitted under this section is a misdemeanor.
History: En. Sec. 11, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 2. Notice Required › 50-78-206. Labels

50-78-206. Labels.
(1) An employer or distributor may not remove or deface any existing label on a container of a hazardous chemical, except that the chemical name may be concealed under trade secret protection as provided in 50-78-205.
(2) Any portable container intended for an immediate transfer of a hazardous chemical is not required to be labeled.
History: En. Sec. 8, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 3. Information and Education › 50-78-301. Emergency and community information

50-78-301. Emergency and community information.
(1) An employer shall comply with the provisions of the federal Emergency Planning and Community Right-to-Know Act of 1986 or be subject to the enforcement provisions thereof.
(2) The local fire chief must be permitted onsite inspection of hazardous chemicals in any workplace, including workplaces under the control of a state agency, for the purposes of planning fire department activities in case of an emergency and reviewing compliance with this chapter. For a workplace that employs fire safety personnel, the local fire chief shall consult with the responsible fire safety official to clarify respective roles and response procedures in the event of an emergency.
(3) As a result of an inspection, the local fire chief may note and report for possible action by the county attorney or other appropriate law enforcement official any violation by an employer of a provision of this chapter or any other law pertaining to hazardous chemicals or fire safety.
(4) The local fire chief shall consult at least annually on safety and emergency considerations with each person responsible for the operation of any research, educational, or testing laboratory workplace. The consultation may result in recommendations or, under the provisions of 50-62-102, orders by the fire chief to be implemented by the laboratory operator to enhance public safety, to reduce the likelihood of emergency incidents, or to improve emergency response in the event of an accident. The person responsible for the operation of the laboratory shall contact the local fire chief at any time there is a significant change in the location or nature of the hazardous chemicals in the workplace, initiation of any new and potentially dangerous method of processing or reacting hazardous chemicals, or any other operational change affecting emergency response considerations.
History: En. Sec. 9, Ch. 641, L. 1985; amd. Sec. 2, Ch. 15, Sp. L. June 1986; amd. Sec. 3, Ch. 536, L. 1987; amd. Sec. 36, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 3. Information and Education › 50-78-305. Employee education program

50-78-305. Employee education program.
(1) Each employer shall provide, at least annually, an education and training program for all of the employer's employees using or handling hazardous chemicals. Additional instruction must be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees must be provided training before working with or in a work area containing a hazardous chemical.
(2) The programs must provide instruction in:
(a) interpreting labels and material safety data sheets and the relationship between these two methods of hazard communication;
(b) the location and acute and chronic effects of hazardous chemicals used by the employees; and
(c) the safe handling, protective equipment, first-aid treatment, and cleanup and disposal procedures for hazardous chemicals.
(3) The employer shall keep a record of the dates of training sessions given to employees and the names of the employees attending.
History: En. Sec. 12, Ch. 641, L. 1985; amd. Sec. 1896, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 3. Information and Education › 50-78-306. Departmental information program

50-78-306. Departmental information program.
(1) The department may develop and provide to any employer a suitable form of notice to inform employees of their rights under this chapter.
(2) The department may develop an education and training program to assist employers in complying with the provisions of 50-78-204.
(3) The department may develop and distribute a supply of informational leaflets on employer duties, employee rights, the effects of hazardous chemicals, and any other topic related to hazardous chemicals in the workplace.
(4) The department may contract with the Montana university system or any other public or private organization to develop and implement an information program on hazardous chemicals in the workplace.
History: En. Sec. 13, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 4. Enforcement and Penalties › 50-78-401. No effect on other duties or liabilities

50-78-401. No effect on other duties or liabilities.
The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals, nor does it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease or accident as required under any other provision of law. The provision of information to an employee does not affect any other duty of a manufacturer, producer, or formulator to warn ultimate users of a hazardous chemical under any other provision of law.
History: En. Sec. 14, Ch. 641, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 78. Employee and Community Hazardous Chemical Information Act › Part 4. Enforcement and Penalties › 50-78-402. Complaints, investigation, and penalties

50-78-402. Complaints, investigation, and penalties.
(1) An employee in a workplace covered by the OSHA standard who believes the employer is not complying with the provisions of the OSHA standard may report the alleged violation to the federal occupational safety and health administration.
(2) An employee who believes an employer is not complying with the provisions of this chapter may submit a written complaint to the local health officer, as defined and described in Title 50, chapter 2, part 1.
(3) If the local health officer chooses to act on the complaint, the officer shall:
(a) within 5 working days of receipt of the complaint, investigate the complaint and, in the event of an apparent violation, seek a corrective response from the employer;
(b) within 10 working days of receipt of a complaint, complete a report that details the findings of the investigation and the response of the employer;
(c) upon completion of the report, submit copies to the employee requesting the investigation, the county attorney, and the employer; and
(d) if the evidence suggests that the employer has violated the provisions of this chapter and the health officer does not receive a corrective response within 10 days of notifying the employer of the violation, file a complaint in the appropriate court or request appropriate action by the county attorney to prosecute the alleged violation.
(4) An employee may submit a written complaint to the county attorney.
(5) The county attorney shall investigate any complaint received and, if a violation appears to have occurred and the county attorney does not receive a corrective response within 10 days of notifying the employer of the violation, initiate appropriate court proceedings to prosecute the violation.
(6) A person found to be knowingly in violation of this chapter is guilty of a misdemeanor. Each day of violation is a separate offense.
History: En. Sec. 15, Ch. 641, L. 1985; amd. Sec. 1897, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-101. Policy

50-79-101. Policy.
It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, to:
(1) institute and maintain a regulatory program for sources of ionizing radiation so as to provide, for compatibility with the standards and regulatory programs of the federal government, a single effective system of regulation within the state and a system consistent insofar as possible with those of other states; and
(2) institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.
History: En. Sec. 1, Ch. 108, L. 1967; R.C.M. 1947, 69-5801; Sec. 75-3-101, MCA 1995; redes. 50-79-101 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-102. Purpose

50-79-102. Purpose.
It is the purpose of this chapter to provide a program:
(1) of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2) to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3) to establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source, and special nuclear materials; and
(4) to permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.
History: En. Sec. 2, Ch. 108, L. 1967; R.C.M. 1947, 69-5802; Sec. 75-3-102, MCA 1995; redes. 50-79-102 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-104. Exemptions -- sources, diagnosis, and therapy

50-79-104. Exemptions -- sources, diagnosis, and therapy.
(1) This chapter does not apply to the following sources or conditions:
(a) electrical equipment that is not intended primarily to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than one-tenth the appropriate limit for any critical organ exposed. The production testing or production servicing of such equipment is not exempt.
(b) radiation machines during process of manufacture or in storage or transit;
(c) any radioactive material while being transported in conformity with regulations adopted by the nuclear regulatory commission or any successor thereto or the interstate commerce commission and specifically applicable to the transportation of such radioactive materials.
(2) No exemptions under this section are granted for those quantities or types of activities that do not comply with the established rules promulgated by the nuclear regulatory commission or by any successor thereto.
(3) The provisions of this chapter may not be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
History: (1), (2)En. Sec. 15, Ch. 108, L. 1967; Sec. 69-5815, R.C.M. 1947; (3)En. Sec. 8, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5808, R.C.M. 1947; R.C.M. 1947, 69-5808(4), 69-5815; amd. Sec. 2, Ch. 68, L. 1979; Sec. 75-3-104, MCA 1995; redes. 50-79-104 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-105. Conflicting laws

50-79-105. Conflicting laws.
Ordinances, resolutions, or regulations now or hereafter in effect of the governing body of a municipality or county relating to byproduct, source, and special nuclear materials shall not be superseded by this chapter, provided that such ordinances or regulations are and shall continue to be consistent with the provisions of this chapter, amendments thereto, and rules thereunder.
History: En. Sec. 11, Ch. 108, L. 1967; R.C.M. 1947, 69-5811; Sec. 75-3-105, MCA 1995; redes. 50-79-105 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-106. Confidentiality -- trade secrets

50-79-106. Confidentiality -- trade secrets.
A report of investigation or inspection or processes obtained under this chapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the department.
History: En. Sec. 6, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1975; amd. Sec. 17, Ch. 140, L. 1977; R.C.M. 1947, 69-5806(8); Sec. 75-3-106, MCA 1995; redes. 50-79-106 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-107. Inspections

50-79-107. Inspections.
The department or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the department, other than a private dwelling, for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules promulgated thereunder, and the owner, occupant, or person in charge of such property shall permit such entry and inspection. Entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
History: En. Sec. 7, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5807; Sec. 75-3-107, MCA 1995; redes. 50-79-107 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 1. General Provisions › 50-79-108. Inspection agreements and training programs

50-79-108. Inspection agreements and training programs.
(1) The department, on behalf of the state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies whereby this state shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.
(2) The department and any other appropriate state agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
History: En. Sec. 10, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5810; Sec. 75-3-108, MCA 1995; redes. 50-79-108 by Sec. 13, Ch. 73, L. 1997.