New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.3 - Notice and information requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where any provision of Labor Law, article
				  28 or these regulations requires an employer to provide employees with notice
				  or information relating to a toxic substance, said notice or information need
				  not be provided to a former employee employed after the effective date of Labor
				  Law, article 28, or an employee on indefinite lay-off if the toxic substance
				  was not introduced into the workplace until after the employee ceased working
				  for the employer at that workplace. However, if a former employee employed
				  after the effective date of Labor Law, article 28, or an employee on indefinite
				  lay-off requests information pursuant to Labor Law, sections
				  876(7) and
				  880(1), about a toxic
				  substance that was not present in the workplace at any time that the employee
				  was employed there, then the employer shall so advise the employee in
				  writing.
(b) The sign required by
				  Labor Law, section
				  876(1), shall conform
				  substantially to the dimensions, format and type size of those produced by or
				  available from the New York State Department of Health, or shall otherwise be
				  legible and conspicuous, and shall be posted conspicuously on employee bulletin
				  boards or in other similar places, so as to ensure that the signs will be
				  readily seen by employees. If a substantial number of the employees in the
				  workplace speak a language other than English as their primary language and
				  cannot understand a sign in English, then a sign must be posted in that
				  language or languages as well as in English.
(c) The information required to be made
				  available to employees and their representatives under Labor Law, sections
				  876
				  and
				  880,
				  shall be communicated in a manner comprehensible to the employees to whom it is
				  directed, shall be current, and must be updated in connection with the annual
				  training required by Labor Law, section 878. T he employer shall advise the
				  employees or their representatives of the source(s) consulted in order to
				  obtain this information. If a substantial number of the employees speak a
				  language other than English as their primary language, and cannot understand
				  this information in English, and any of this information is available in such
				  other language, then the employer shall communicate such information to the
				  employees in that language as well as in English.
(d) The information required to be made
				  available to employees and their representatives under Labor Law, section
				  876, includes information about any toxic
				  substance known to be present in a mixture, provided that either:
(1) the substance comprises, as an
				  intentional ingredient or as an impurity, one percent or more by weight of the
				  mixture; or
(2) even if the
				  substance is present only in trace amounts in the mixture, the toxic properties
				  of the substance are such that the mixture may be hazardous upon exposure
				  because of the presence of the substance. An example of this situation would be
				  the presence of 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin in the herbicide 2, 4,
				  5-T.