2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 876 - Notice Requirements.

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