Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.30 - INDUSTRIAL SAFETY AND HEALTH › Subchapter 24.30.1 - General Safety › Rule 24.30.102 - OCCUPATIONAL SAFETY AND HEALTH CODE FOR PUBLIC SECTOR EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) Section
				50-71-114,
				MCA, of the Montana Occupational Safety and Health Act provides that the
				Department of Labor and Industry may adopt, amend, repeal, and enforce rules
				for the prevention of accidents to be known as "safety codes" in every
				employment and place of employment, including the repair and maintenance of
				such places of employment to render them safe. The federal Occupational Safety
				and Health Act of 1970 does not include safety standards coverage for employees
				or political subdivisions of this state. It is the intent of this rule that
				public sector employees and political subdivisions of this state shall be
				protected to the greatest extent possible by the same safety standards for
				employments covered by the federal Occupational Safety and Health Act of 1970.
				The department is therefore adopting by reference certain occupational safety
				and health standards, adopted by the United States Secretary of Labor under the
				federal Occupational Safety and Health Act of 1970. The department has
				determined, with the assent of the Secretary of State, that publication of the
				rules would be unduly cumbersome and expensive. Copies of the rules adopted by
				reference are available and may be obtained at cost from the Montana Department
				of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728, or the
				Superintendent of Documents, United States Government Printing Office, 941
				North Capitol Street, Washington, D.C. 20401.
(2) As used in the rules adopted by reference
				in (3) and (4)(a), unless the context clearly requires otherwise, the following
				definitions apply:
(a) "Act" means the
				Montana Occupational Safety and Health Act (
				50-71-111
				through
				50-71-128,
				MCA).
(b) "Assistant secretary of
				labor" or "secretary" means the commissioner of the Montana Department of Labor
				and Industry.
(c) "Employee" or
				"public sector employee" means every person in this state, including a
				contractor other than an independent contractor, who is in the service of a
				public sector employer, as defined below, under any appointment or contract of
				hire, expressed or implied, oral, or written.
(d) "Employer" or "public sector employer"
				means this state and each county, city and county, city school district,
				irrigation district, all other districts established by law, and all public
				corporations and quasi public corporations and public agencies therein who have
				any person in service under any appointment or contract of hire, expressed or
				implied, oral or written.
(e)
				"Establishment" means a single physical location where business is conducted or
				where services or industrial operations are performed. For activities where
				employees do not work at a single physical location, such as construction,
				transportation, communications, electric, gas and sanitary services, and
				similar operations, an establishment exists at each main or branch office,
				terminal, station, etc., that either supervise such activities or are the base
				from which personnel carry out these activities.
(f) "Injury or illness" means an abnormal
				condition or disorder.
(i) An injury includes
				cases such as, but not limited to, a cut, fracture, sprain, or amputation.
(ii) An illness includes both
				acute and chronic illnesses, such as, but not limited to, a skin disease,
				respiratory disorder, or poisoning.