reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 63. Investigation of Fires › Part 4. Information From Insurers › 50-63-405. Exemption of insurer from liability

50-63-405. Exemption of insurer from liability.
In the absence of fraud or bad faith, the insurer or person who furnished information on its behalf is not subject to liability in any civil action for:
(1) furnishing information as required by 50-63-401; or
(2) notifying an appropriate agency of a fire loss as required by 50-63-402.
History: En. Sec. 5, Ch. 145, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-101. Repealed

50-64-101. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7401 by Sec. 1, Ch. 570, L. 1977; R.C.M. 1947, 69-7401.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-102. Repealed

50-64-102. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7402 by Sec. 2, Ch. 570, L. 1977; R.C.M. 1947, 69-7402; amd. Sec. 20, Ch. 352, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-103. Repealed

50-64-103. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7406 by Sec. 6, Ch. 570, L. 1977; R.C.M. 1947, 69-7406.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-104. Repealed

50-64-104. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7403 by Sec. 3, Ch. 570, L. 1977; R.C.M. 1947, 69-7403.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-105. Repealed

50-64-105. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7404 by Sec. 4, Ch. 570, L. 1977; R.C.M. 1947, 69-7404.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-106. Repealed

50-64-106. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7405 by Sec. 5, Ch. 570, L. 1977; R.C.M. 1947, 69-7405.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 64. Asbestos Regulation in Building Construction and Demolition (Repealed) › Part 1. General Provisions (Repealed) › 50-64-107. Repealed

50-64-107. Repealed.
Sec. 1, Ch. 128, L. 2001.
History: En. 69-7407 by Sec. 7, Ch. 570, L. 1977; R.C.M. 1947, 69-7407.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-101. Definitions

50-65-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Agent" means a person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes.
(2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco.
(3) "Manufacturer" means:
(a) an entity that manufactures or otherwise produces cigarettes or causes cigarettes that the manufacturer intends to be sold in this state to be manufactured or produced anywhere, including cigarettes intended to be sold in the United States through an importer;
(b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(c) an entity that becomes a successor of an entity described in subsections (3)(a) and (3)(b).
(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systemic and nonsystemic methodological errors, and equipment-related problems do not affect the results of testing. The program ensures that the testing repeatability remains within the required repeatability values provided in 50-65-102(2)(f) for all test trials used to certify cigarettes in accordance with this chapter.
(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(6) "Retail dealer" means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) "Sale" means any transfer of title of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means.
(8) "Wholesale dealer" means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
History: En. Sec. 1, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-103. Certification -- fee for certification -- product change

50-65-103. Certification -- fee for certification -- product change.
(1) Each manufacturer shall submit to the department of justice a written certification attesting that each cigarette listed in the certification:
(a) has been tested in accordance with 50-65-102; and
(b) meets the performance standard provided in 50-65-102(2)(c).
(2) Each cigarette listed in the certification must be described with the following information:
(a) brand or trade name on the package;
(b) style, such as light or ultralight;
(c) length in millimeters;
(d) circumference in millimeters;
(e) flavor, such as menthol or chocolate, if applicable;
(f) filter or nonfilter;
(g) package description, such as soft pack or box;
(h) marking approved in accordance with 50-65-104;
(i) the name, address, and telephone number of the laboratory, if different from the manufacturer, that conducted the test; and
(j) the date that the testing occurred.
(3) Certifications must be made available to the attorney general for purposes consistent with this chapter and to the department of revenue for the purposes of ensuring compliance with this section.
(4) Each cigarette certified under this section must be recertified every 3 years.
(5) (a) For each cigarette listed in a certification, a manufacturer shall pay a fee, not to exceed $250, to offset the actual costs of the processing, testing, enforcement, and oversight activities required in this chapter.
(b) There is an account in the state special revenue fund in which fees collected under this subsection (5) must be deposited to the credit of the department of justice. Money collected may be used only by the department of justice for the purposes provided in subsection (5)(a).
(6) If a manufacturer has certified a cigarette pursuant to this section and later makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, the cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards provided in 50-65-102 and maintains records of the retesting as required by 50-65-102. Any altered cigarette that does not meet the performance standard provided in 50-65-102 may not be sold in this state.
History: En. Sec. 3, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-104. Marking on cigarette packaging

50-65-104. Marking on cigarette packaging.
(1) Cigarettes that are certified by a manufacturer in accordance with 50-65-103 must be marked to indicate compliance with the requirements of 50-65-102. The marking must be in 8-point type or larger and consist of:
(a) modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code;
(b) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(c) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards required in this chapter.
(2) A manufacturer may use only one marking and shall uniformly apply the marking to all packages, including but not limited to packs, cartons, and cases, and brands marketed by the manufacturer.
(3) The department of revenue must be notified of the marking that is selected.
(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the department of revenue for approval. Upon receipt of the request, the department of revenue shall approve or disapprove the marking offered, except that the department of revenue shall approve any marking in use and approved for sale in New York pursuant to New York executive law section 156-c, the New York fire safety standards for cigarettes. Proposed markings must be considered to be approved if the department of revenue fails to act within 10 business days of receiving a request for approval.
(5) A manufacturer may not modify its approved marking unless the modification has been approved by the department of revenue in accordance with this section.
(6) Manufacturers certifying cigarettes in accordance with 50-65-103 shall provide a copy of the certification to all wholesale dealers and agents to whom they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retail dealer to whom the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to whom they sell cigarettes.
History: En. Sec. 4, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-110. Penalties

50-65-110. Penalties.
(1) A manufacturer, wholesale dealer, agent, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 50-65-102, for a first offense, is subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes and, for a subsequent offense, is subject to a civil penalty not to exceed $25,000 for each sale of the cigarettes. However, the penalty may not exceed $100,000 during any 30-day period.
(2) (a) A retail dealer who knowingly sells cigarettes in violation of 50-65-102:
(i) for a first offense, is subject to a civil penalty not to exceed $100 and, for a subsequent offense, is subject to a civil penalty not to exceed $400 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes; or
(ii) for a first offense, is subject to a civil penalty not to exceed $1,000 and, for a subsequent offense, is subject to a civil penalty not to exceed $5,000 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.
(b) The total penalty against a retail dealer provided in this subsection (2) may not exceed $25,000 during a 30-day period.
(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited liability company, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to 50-65-103 is, for a first offense, subject to a civil penalty of at least $75,000 and, for a subsequent offense, a civil penalty not to exceed $250,000 for each false certification.
(4) A person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed $1,000 and, for a subsequent offense, a civil penalty not to exceed $5,000 for each violation.
(5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by 50-65-102 are subject to forfeiture under 16-11-159 if prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand is permitted to inspect the cigarette.
(6) In addition to any other remedy provided by law, the department of justice may file an action in the appropriate district court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs related to the specific violation and attorney fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the department of justice may obtain relief.
History: En. Sec. 5, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-111. Implementation -- rulemaking authority -- inspection for proper markings

50-65-111. Implementation -- rulemaking authority -- inspection for proper markings.
(1) The department of justice and the department of revenue may adopt rules, pursuant to Title 2, chapter 4, necessary to effectuate the purposes of this chapter.
(2) The department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Title 16, chapter 11, may inspect cigarettes to determine if the cigarettes are marked as required by 50-65-104. If the cigarettes are not marked as required, the department of revenue shall notify the department of justice.
History: En. Sec. 6, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-112. Inspection

50-65-112. Inspection.
To enforce the provisions of this chapter, the department of revenue may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Each person in the possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale shall give the department of revenue the means, facilities, and opportunity for the examinations authorized by this section.
History: En. Sec. 7, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-115. Sale outside Montana

50-65-115. Sale outside Montana.
This chapter may not be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of 50-65-102 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and if the person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to a person located in this state.
History: En. Sec. 8, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 65. Cigarette Standards › Part 1. General Provisions › 50-65-120. Preemption

50-65-120. Preemption.
This chapter no longer applies if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.
History: En. Sec. 9, Ch. 318, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-101. Repealed

50-70-101. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 1, Ch. 316, L. 1971; R.C.M. 1947, 69-4206.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-102. Repealed

50-70-102. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 2, Ch. 316, L. 1971; R.C.M. 1947, 69-4207.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-103. Repealed

50-70-103. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 3, Ch. 316, L. 1971; amd. Sec. 35, Ch. 349, L. 1974; R.C.M. 1947, 69-4208; amd. Sec. 142, Ch. 418, L. 1995; amd. Sec. 320, Ch. 546, L. 1995; amd. Sec. 1, Ch. 25, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-104. Repealed

50-70-104. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 4, Ch. 316, L. 1971; amd. Sec. 36, Ch. 349, L. 1974; R.C.M. 1947, 69-4209.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-105. Repealed

50-70-105. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. 69-4211.1 by Sec. 38, Ch. 349, L. 1974; R.C.M. 1947, 69-4211.1; amd. Sec. 321, Ch. 546, L. 1995; amd. Sec. 2, Ch. 25, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-106. Repealed

50-70-106. Repealed.
Sec. 567, Ch. 546, L. 1995.
History: En. Sec. 6, Ch. 316, L. 1971; amd. Sec. 37, Ch. 349, L. 1974; R.C.M. 1947, 69-4211(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-107. Repealed

50-70-107. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 22, Ch. 197, L. 1967; R.C.M. 1947, 69-4204.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-108. Repealed

50-70-108. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 15, Ch. 316, L. 1971; R.C.M. 1947, 69-4220; amd. Sec. 322, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-109. Repealed

50-70-109. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 14, Ch. 316, L. 1971; amd. Sec. 43, Ch. 349, L. 1974; R.C.M. 1947, 69-4219; amd. Sec. 323, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-110. Repealed

50-70-110. Repealed.
Sec. 4, Ch. 25, L. 1999.
History: En. Sec. 6, Ch. 316, L. 1971; amd. Sec. 37, Ch. 349, L. 1974; R.C.M. 1947, 69-4211(part); amd. Sec. 143, Ch. 418, L. 1995; amd. Sec. 324, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-111. Repealed

50-70-111. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 13, Ch. 316, L. 1971; amd. Sec. 42, Ch. 349, L. 1974; R.C.M. 1947, 69-4218; amd. Sec. 325, Ch. 546, L. 1995; amd. Sec. 3, Ch. 25, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-112. Repealed

50-70-112. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 7, Ch. 316, L. 1971; R.C.M. 1947, 69-4212; amd. Sec. 326, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-113. Repealed

50-70-113. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 9, Ch. 316, L. 1971; R.C.M. 1947, 69-4214; amd. Sec. 327, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-114. Repealed

50-70-114. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 12, Ch. 316, L. 1971; R.C.M. 1947, 69-4217; amd. Sec. 22, Ch. 37, L. 1979; amd. Sec. 328, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-115. Repealed

50-70-115. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 8, Ch. 316, L. 1971; amd. Sec. 39, Ch. 349, L. 1974; R.C.M. 1947, 69-4213.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-116. Repealed

50-70-116. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 10, Ch. 316, L. 1971; amd. Sec. 40, Ch. 349, L. 1974; R.C.M. 1947, 69-4215; amd. Sec. 329, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-117. Repealed

50-70-117. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 11, Ch. 316, L. 1971; amd. Sec. 41, Ch. 349, L. 1974; R.C.M. 1947, 69-4216; amd. Sec. 330, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 70. Occupational Health (Repealed) › Part 1. General Provisions (Repealed) › 50-70-118. Repealed

50-70-118. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 16, Ch. 316, L. 1971; amd. Sec. 44, Ch. 349, L. 1974; R.C.M. 1947, 69-4221; amd. Sec. 36, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-101. Repealed

50-71-101. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 1, Ch. 341, L. 1969; R.C.M. 1947, 41-1708.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-103. Repealed

50-71-103. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 24, Ch. 341, L. 1969; R.C.M. 1947, 41-1731; amd. Sec. 10, Ch. 514, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-104. Repealed

50-71-104. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 25, Ch. 341, L. 1969; R.C.M. 1947, 41-1732.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-105. Repealed

50-71-105. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 6, Ch. 341, L. 1969; amd. Sec. 2, Ch. 182, L. 1975; R.C.M. 1947, 41-1713(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-106. Repealed

50-71-106. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 6, Ch. 341, L. 1969; amd. Sec. 2, Ch. 182, L. 1975; R.C.M. 1947, 41-1713(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-107. Repealed

50-71-107. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 22, Ch. 341, L. 1969; amd. Sec. 18, Ch. 182, L. 1975; R.C.M. 1947, 41-1729(1); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-108. Repealed

50-71-108. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 22, Ch. 341, L. 1969; amd. Sec. 18, Ch. 182, L. 1975; R.C.M. 1947, 41-1729(2); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-109. Repealed

50-71-109. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 26, Ch. 341, L. 1969; amd. Sec. 19, Ch. 182, L. 1975; R.C.M. 1947, 41-1733; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 144, Ch. 418, L. 1995; amd. Sec. 331, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-110. Repealed

50-71-110. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 23, Ch. 341, L. 1969; R.C.M. 1947, 41-1730.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-112. Definitions

50-71-112. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of labor and industry provided for in 2-15-1701.
(2) "Employee" has the meaning provided in 39-71-118.
(3) "Employer" has the meaning provided in 39-71-117.
(4) "Health" means protection against occupational illness.
(5) "Inspection" means an onsite review of a workplace by the department to determine compliance with standards adopted under this part.
(6) "Private sector employer" means any employer that is not a public sector employer. The term includes for-profit and not-for-profit employers.
(7) (a) "Public sector employee" means an employee of a public sector employer.
(b) The term does not include a contractor.
(8) "Public sector employer" means:
(a) a state agency;
(b) each county in the state;
(c) each municipality in the state;
(d) each school district or community college; and
(e) any other political subdivision of the state.
(9) "Safety" means protection against occupational injury or death.
(10) "Safety consultation services" has the meaning provided in 39-71-1503.
(11) "Standard" means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace.
(12) "State agency" means any branch of government, including a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget.
(13) "Workplace" means any site or location where an employee performs work for the employee's employer.
History: En. Sec. 2, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-113. Administrative authority -- funding

50-71-113. Administrative authority -- funding.
(1) The department has authority to administer the provisions of this part.
(2) In addition to administering the provisions of this part, the department may:
(a) promote occupational safety and health;
(b) educate employers and employees in occupational safety and health matters;
(c) conduct research regarding occupational safety and health data, topics, and techniques; and
(d) investigate occupational injuries, illnesses, and deaths involving public sector employees.
(3) The department may develop and operate a statewide employment safety program. The statewide employment safety program may include but is not limited to:
(a) a safety awareness component;
(b) an employee education component;
(c) an employer education component; and
(d) industry-specific initiatives.
(4) The activities of the department under the provisions of this part are funded by the occupational safety and health administration fund provided for in 50-71-128.
(5) The department may accept, receive, and administer gifts, grants, or other funds from public or private agencies and from the United States for the purpose of carrying out the provisions of this part. Funds received by the department under this subsection must be deposited into the fund provided for in 50-71-128.
History: En. Sec. 3, Ch. 27, L. 2009; amd. Sec. 4, Ch. 365, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-114. Rulemaking -- variances

50-71-114. Rulemaking -- variances.
(1) The department may adopt appropriate standards for safety and health by administrative rule, including:
(a) any safety or health regulations promulgated by the federal occupational safety and health administration; and
(b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.
(2) The department may adopt other rules that are reasonably necessary to implement this part.
(3) (a) The department may by rule:
(i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and
(ii) permit the temporary use of other or different devices or methods than provided by the standard.
(b) A temporary variance may be granted only if the public sector employer:
(i) has an effective program for complying with the standard as quickly as is practicable;
(ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and
(iii) is unable to comply with the standard because:
(A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;
(B) material or equipment needed to comply with the standard is temporarily unavailable; or
(C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.
History: En. Sec. 4, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-115. Applicability of standards -- exceptions

50-71-115. Applicability of standards -- exceptions.
(1) The standards for safety and health and the enforcement rules adopted pursuant to this part apply to all public sector employers in this state and to public sector employees.
(2) The standards and enforcement rules adopted pursuant to this part do not apply to employment by:
(a) private sector employers;
(b) the federal government and its instrumentalities; or
(c) a federally recognized tribal government.
History: En. Sec. 5, Ch. 27, L. 2009; amd. Sec. 8, Ch. 240, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-116. Duties of public sector employers and public sector employees

50-71-116. Duties of public sector employers and public sector employees.
(1) Each public sector employer shall:
(a) furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to public sector employees;
(b) adopt and use practices, means, methods, operations, and processes that are adequate to render the workplace safe; and
(c) take appropriate actions necessary to protect the life, health, and safety of public sector employees.
(2) Each public sector employee shall comply with the safety and health standards, rules, and orders issued pursuant to this part as they apply to the public sector employee's own actions and conduct.
History: En. Sec. 6, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-117. Public sector employer records and reports

50-71-117. Public sector employer records and reports.
(1) Each public sector employer shall maintain records of occupational injuries, illnesses, and deaths as the department may require by rule.
(2) The department may inspect those records or require that the public sector employer submit those records to the department for its review.
(3) Except as otherwise provided by rule, a public sector employer complies with the requirements of this section if the public sector employer completes and submits a first report of injury form to the department or to the public sector employer's worker's compensation insurer within 30 days of the public sector employer becoming aware of an occupational injury, illness, or death suffered by a public sector employee.
History: En. Sec. 7, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-118. Inspections

50-71-118. Inspections.
(1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer's workplaces. A department employee conducting an inspection shall, upon request, present appropriate credentials to the public sector employer. The department shall invite a representative of the public sector employer and a representative of any labor organization that represents employees of the public sector employer who are working at the workplace that is to be inspected to accompany the department employee on the inspection. The labor organization representative must be on paid status while accompanying the department employee on the inspection.
(2) An inspection may be performed:
(a) periodically without prior notice or scheduling;
(b) at the request of the public sector employer;
(c) as the result of a complaint of a violation of a safety or health standard at a public sector employer's workplace;
(d) as part of a department investigation following a report of an occupational injury, illness, or death; or
(e) following the issuance of a citation, after the public sector employer has been given a reasonable opportunity to correct any violation of standards.
(3) A public sector employer may not interfere with a department inspection conducted pursuant to this section.
(4) The department may not unreasonably interfere with the operations of a public sector employer while conducting an inspection. An unscheduled inspection does not constitute unreasonable interference with the public sector employer's operations.
History: En. Sec. 8, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-119. Report of inspection -- violations -- penalty -- appeal process

50-71-119. Report of inspection -- violations -- penalty -- appeal process.
(1) (a) The department shall make a written report of each inspection conducted under 50-71-118.
(b) The inspection report must include a list of violations of standards that the inspector discovered during the inspection. A violation of a standard by a public sector employee is attributable to the public sector employer for the purposes of this part.
(c) The department shall provide a copy of the inspection report to the public sector employer and to a representative of a labor organization that represents public sector employees at the workplace that was inspected.
(d) The public sector employer shall post a copy of the list of hazards included in the inspection report at one or more visible locations at the workplace that is the subject of the inspection report. The posting must be in a location likely to be seen by employees at that workplace.
(2) The department may issue a written citation to the public sector employer for a violation of a standard. The citation must specify:
(a) the nature of the violation;
(b) the standard that was violated; and
(c) a timeframe within which the public sector employer is required to correct the violation.
(3) (a) The department may impose upon a public sector employer a monetary penalty of not more than $1,000 for each violation for which a citation has been issued.
(b) The department may, in its sole discretion, waive or reduce a penalty under this subsection (3) if the public sector employer timely corrects or cures the violation for which the penalty was imposed.
(c) Monetary penalties collected pursuant to this subsection (3) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.
(4) (a) A public sector employer may appeal a citation or a penalty.
(b) An appeal to the department must be in writing and made within 30 days of the issuance of the citation.
(c) The appeal of a citation or a penalty is conducted as a contested case under Title 2, chapter 4.
History: En. Sec. 9, Ch. 27, L. 2009; amd. Sec. 5, Ch. 365, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-120. Stop-work orders

50-71-120. Stop-work orders.
(1) The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:
(a) the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;
(b) the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and
(c) the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:
(i) immediately correct the violation; or
(ii) suspend the unsafe operation until the violation is corrected.
(2) The temporary stop-work order must be in writing and specify:
(a) the location of the workplace;
(b) the specific standard that is being violated;
(c) the nature of the risk posed by the violation;
(d) the date and the time that the temporary stop-work order is issued; and
(e) the name, employment address, and work telephone number of the person issuing the temporary stop-work order.
(3) The temporary stop-work order is effective upon communication or delivery to any one of the following:
(a) the public sector employer's onsite supervisor at the workplace;
(b) the public sector employer's manager in charge of workplace operations; or
(c) the chief executive of the public sector employer.
(4) A copy of the temporary stop-work order must be promptly posted by the department at the workplace. A posted temporary stop-work order may not be removed by any person while it is in effect.
(5) A temporary stop-work order is effective for 72 hours unless:
(a) the violation is corrected to the satisfaction of the department; or
(b) the temporary stop-work order is stayed by order of a district court judge following actual notice to the department and the public sector employer.
(6) The violation of a temporary stop-work order or the unauthorized removal of a posted copy of a temporary stop-work order is punishable as a contempt of court.
(7) As used in this section, the term "serious bodily injury" has the same meaning as provided in 45-2-101.
History: En. Sec. 10, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-121. Injunctive relief

50-71-121. Injunctive relief.
In addition to any remedies available under this part, the department may institute and maintain in the name of the state an action for injunctive relief as provided in Title 27, chapter 19, to:
(1) immediately restrain a public sector employer and public sector employees from engaging in any activity for which the department has issued a temporary stop-work order pursuant to 50-71-120;
(2) enjoin a violation of this part;
(3) enjoin a violation of a rule, including a safety or health standard, adopted under this part; or
(4) require compliance with this part, including compliance with any rules adopted under this part.
History: En. Sec. 11, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-122. Safety consultation services

50-71-122. Safety consultation services.
The department may, in its sole discretion, provide onsite safety consultation services to public sector employers and private sector employers that request onsite safety consultation services.
History: En. Sec. 12, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 1. Montana Occupational Safety and Health Act › 50-71-123. Retaliation prohibited

50-71-123. Retaliation prohibited.
A public sector employer may not retaliate against a public sector employee who:
(1) contacts the department with a complaint of a violation of a standard in the workplace;
(2) cooperates with the department in the performance of an inspection or an investigation; or
(3) testifies or cooperates with the department in any case arising out of:
(a) an inspection;
(b) an investigation;
(c) a citation;
(d) a temporary stop-work order; or
(e) a civil action seeking injunctive relief.
History: En. Sec. 13, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 2. Duties of Employer and Employee › 50-71-201. Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices

50-71-201. Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices.
Each employer shall:
(1) furnish a place of employment that is safe for each of the employer's employees;
(2) with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety items, including but not limited to air masks, hardhats, and protective gloves, that may be required by state or federal law, the employer, or the terms of an employment contract unless the terms of a collective bargaining agreement provide otherwise;
(3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and
(4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
History: En. Sec. 3, Ch. 341, L. 1969; R.C.M. 1947, 41-1710; amd. Sec. 1, Ch. 298, L. 1991; amd. Sec. 1869, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 2. Duties of Employer and Employee › 50-71-202. Employer to provide and maintain safe place of employment

50-71-202. Employer to provide and maintain safe place of employment.
(1) An employer who is the owner or lessee of any real property in this state shall not construct or cause to be constructed or maintained any place of employment that is unsafe.
(2) Every employer who is the owner of a place of employment or lessee thereof shall repair and maintain the same as to render it safe.
History: En. Sec. 4, Ch. 341, L. 1969; R.C.M. 1947, 41-1711.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 2. Duties of Employer and Employee › 50-71-203. Removal of or refusal to use health and safety items prohibited

50-71-203. Removal of or refusal to use health and safety items prohibited.
A person may not:
(1) remove, displace, damage, destroy, carry off, or refuse to use any health and safety device, safeguard, protective clothing, or other health and safety item furnished for use by the person's employer;
(2) interfere with the use of any required health and safety device, safeguard, protective clothing, or other health and safety item by any other person;
(3) interfere with the use of a method or process adopted for the protection of an employee in the place of employment; or
(4) fail to do any other thing reasonably necessary to protect the life, health, and safety of employees.
History: En. Sec. 5, Ch. 341, L. 1969; R.C.M. 1947, 41-1712; amd. Sec. 2, Ch. 298, L. 1991; amd. Sec. 1870, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 2. Duties of Employer and Employee › 50-71-204. Definitions

50-71-204. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Employee" and "worker" have the meanings provided in 39-71-118.
(2) "Employer" has the meaning provided in 39-71-117.
History: En. Sec. 2, Ch. 341, L. 1969; amd. Sec. 1, Ch. 182, L. 1975; R.C.M. 1946, 41-1709; amd. Sec. 48, Ch. 613, L. 1989; amd. Sec. 17, Ch. 27, L. 2009; Sec. 50-71-102, MCA 2007; redes. 50-71-204 by Sec. 24(2), Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-301. Repealed

50-71-301. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 8, Ch. 341, L. 1969; amd. Sec. 4, Ch. 182, L. 1975; R.C.M. 1947, 41-1715; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-302. Repealed

50-71-302. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 9, Ch. 341, L. 1969; amd. Sec. 5, Ch. 182, L. 1975; R.C.M. 1947, 41-1716; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-303. Repealed

50-71-303. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 7, Ch. 341, L. 1969; amd. Sec. 3, Ch. 182, L. 1975; R.C.M. 1947, 41-1714; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-311. Repealed

50-71-311. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-312. Repealed

50-71-312. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-313. Repealed

50-71-313. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-314. Repealed

50-71-314. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(2); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-315. Repealed

50-71-315. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 21, Ch. 341, L. 1969; amd. Sec. 17, Ch. 182, L. 1975; R.C.M. 1947, 41-1728(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-316. Repealed

50-71-316. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 21, Ch. 341, L. 1969; amd. Sec. 17, Ch. 182, L. 1975; R.C.M. 1947, 41-1728(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 71. Occupational Safety and Health › Part 3. Safety Rules and Orders (Repealed) › 50-71-321. Repealed

50-71-321. Repealed.
Sec. 22, Ch. 27, L. 2009.
History: En. Sec. 18, Ch. 341, L. 1969; amd. Sec. 14, Ch. 182, L. 1975; R.C.M. 1947, 41-1725; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 307, L. 1997.