Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 335 - Infectious agents › Appendix A - Excerpts From the Employees' Right to Know Law ss. 101.58 to 101.599, Stats

Current through June 24, 2024
101.58 (2) Definitions. (c) "Employee" means any person
					 whose services are currently or were formerly engaged by an employer or an
					 agricultural employer, or any applicant at the time an employer or agricultural
					 employer offers to engage his or her services.
(d) "Employee representative" means an individual or
					 organization to whom an employee gives written authorization to exercise his or
					 her rights to request information under s.
					 101.583,
					 101.585
					 or
					 101.586,
					 a parent of a minor employee or a recognized or certified collective bargaining
					 agent.
(e) "Employer" means any person, except an agricultural
					 employer, with control or custody of any employment or workplace who engages
					 the services of any employee. "Employer" includes the state and its political
					 subdivisions. If any employee is present at the workplace of an employer under
					 an agreement between that employer and another employer or agricultural
					 employer, "employer" means the employer with control or custody of a toxic
					 substance or infectious agent. An employer who engages some employees to
					 perform agricultural labor and other employees for other purposes is only
					 considered an employer with respect to the employees engaged for other
					 purposes.
(f) "Infectious agent" means a bacterial, mycoplasmal,
					 fungal, parasitic or viral agent identified by the department by rule as
					 causing illness in humans or human fetuses or both, which is introduced by an
					 employer to be used, studied or produced in the workplace. "Infectious agent"
					 does not include such an agent in or on the body of a person who is present in
					 the workplace for diagnosis or treatment.
(h) "Overexposure" means any chronic or acute exposure to a
					 toxic substance or infectious agent which results in illness or injury.
(k) "Workplace" means any location where an employee
					 performs a work-related duty in the course of his or her employment, except a
					 personal residence.
101.581 Notice requirements.
(1) Employer. An employer who uses, studies or produces a
					 toxic substance, infectious agent or pesticide shall post in every workplace at
					 the location where notices to employees are usually posted a sign which informs
					 employees that the employer is required, upon request, to provide an employee
					 or employee representative with all of the following:
(a) The identity of any toxic substance or infectious agent
					 which an employee works with or is likely to be exposed to.
(b) A description of any hazardous effect of the toxic
					 substance or infectious agent.
(c) Information regarding precautions to be taken when
					 handling the toxic substance or infectious agent.
(d) Information regarding procedures for emergency
					 treatment in the event of overexposure to the toxic substance or infectious
					 agent.
(e) Access to the information contained on the label of any
					 pesticide with which the employee works or to which the employee is likely to
					 be exposed.
101.585 Infectious agent information requirements; employer
					 to employee.
(1) Except as provided in s.
					 101.589(1) and
					 (3), within 72 hours after a written request
					 by an employee or employee representative, exclusive of weekends and legal
					 holidays, an employer shall provide in writing to the employee or employee
					 representative the following information regarding any infectious agent which
					 the employee works with or is likely to be exposed to if the infectious agent
					 is present in the workplace when the request is made or at any time during the
					 30 days immediately preceding the request:
(a) The name and any commonly used synonym of the
					 infectious agent.
(b) Any method or route of transmission of the infectious
					 agent.
(c) Any symptom or effect of infection, emergency and first
					 aid procedures and a telephone number to be called in an emergency.
(d) Any personal protective equipment to be worn or used
					 and special precautions to be taken when handling or coming into contact with
					 the infectious agent.
(e) Procedures for handling, cleanup and disposal of
					 infectious agents leaked or spilled.
(2) An employer is not required to provide information
					 regarding an infectious agent under sub.
(1) if the employee or employee representative making the
					 request has requested information about the infectious agent under sub.
(1) within the preceding 12 months, unless the employee's
					 job assignment has changed or there is new information available concerning any
					 of the subjects about which information is required to be provided.
101.589 Extended time periods; exceptions.
(1) If an employer has not obtained the information
					 required to be provided under ss.
					 101.583(2)
					 (a) and
					 101.585(1)
					 at the time of a request made under s.
					 101.583(2)
					 (a) or
					 101.585(1),
					 the employer shall provide the information within 30 days after the request,
					 exclusive of weekends and legal holidays.
(2) If a toxic substance was present in the workplace at
					 any time on or after December 1, 1982, but is not present in the workplace when
					 a request is made under s.
					 101.583(2)
					 (a), the employer shall provide the
					 information within 30 days after the request, exclusive of weekends and legal
					 holidays.
(3) An employer who has requested from the manufacturer or
					 supplier of a toxic substance or from the supplier of an infectious agent any
					 information required to be provided under s.
					 101.583(2)
					 (a) or
					 101.585(1),
					 but who has not received and does not already have that information, is not
					 required to provide the information but shall notify any requesting employee or
					 employee representative that the employer has requested, has not received and
					 does not otherwise have the information.
101.59 Manufacturer, supplier; requirements. Within 15
					 days, exclusive of weekends and legal holidays, after receipt of a request from
					 an employer, any manufacturer or supplier of a toxic substance transported or
					 sold for use in this state, or any supplier of an infectious agent transported
					 or sold for use in this state, shall provide to that employer the information
					 the employer is required to provide employees under s.
					 101.583(2)
					 (a) or
					 101.585(1).
101.592 Confidential information.
(1) A manufacturer or supplier of a toxic substance, a
					 supplier of an infectious agent or an employer may declare that information
					 required to be provided under s.
					 101.583,
					 101.585,
					 101.59
					 or
					 101.597,
					 except information described in ss.
					 101.583(2)
					 (a) 7 to 11., 101.585 (1) (b) to (e) and
					 101.597 (5) (a) 2. to 7. and (b) 2. and 3., relates to a process or production
					 technique which is unique to, or is information the disclosure of which would
					 adversely affect the competitive position of, the manufacturer, supplier or
					 employer. If an employer, employee or employee representative requests
					 information under s.
					 101.583,
					 101.585
					 or
					 101.59
					 that is confidential, the manufacturer, supplier or employer shall inform the
					 requester that part of the requested information is confidential, but shall
					 provide any part of the requested information that is not confidential or that,
					 under this subsection, may not be declared confidential. When a manufacturer,
					 supplier or employer declares information confidential, it shall notify the
					 department and shall state the general use of the toxic substance or infectious
					 agent and the items of information which it did and did not provide to the
					 requester.
(2) Notwithstanding sub.
(1), a manufacturer, supplier or employer shall provide the
					 information specified in s.
					 101.583(2)
					 (a) 1 and 2. or 101.585 (1) (a) upon a
					 request from an employee's authorized physician stating that the information is
					 necessary for medical treatment of the employee. No physician receiving
					 information under this subsection may disclose it to any person without the
					 written consent of the patient and of the manufacturer, supplier or
					 employer.
101.595 Employee rights.
(1) Not to work with toxic substance, infectious agent or
					 pesticide. Except as provided in ss.
					 101.589(3)
					 and
					 101.592,
					 if an employee has requested information about a toxic substance, infectious
					 agent or pesticide under s.
					 101.583,
					 101.585
					 or
					 101.586
					 and has not received the information required to be provided under s.
					 101.583,
					 101.585,
					 101.586
					 or
					 101.589(1) or
					 (2), the employee may refuse to work with or
					 be exposed to the toxic substance, infectious agent or pesticide until such
					 time as the employer or agricultural employer supplies the information under s.
					 101.583,
					 101.585
					 or
					 101.586
					 to the employee who has made the request.
(2) Retaliation prohibited.
(a) No employer or agricultural employer may discharge or
					 otherwise discipline or discriminate against any employee because the employee
					 has exercised any rights under ss.
					 101.58
					 to
					 101.599.
(b) Section
					 111.322(2m)
					 applies to discharge and other discriminatory acts arising in connection with
					 any proceeding under ss.
					 101.58
					 to
					 101.599.
(3) Waiver prohibited. No person may request or require any
					 employee to waive any rights under ss.
					 101.58
					 to
					 101.599.
101.597 Education and training programs.
(1) By employer; toxic substance, infectious agent or
					 pesticide. Except as provided in sub. (5) (b), prior to an employee's initial
					 assignment to a workplace where the employee may be routinely exposed to any
					 toxic substance, infectious agent or pesticide, an employer shall provide the
					 employee with an education or training program under sub. (5) (a) or (c). The
					 employer shall provide additional instruction whenever the employee may be
					 routinely exposed to any additional toxic substance or infectious agent.
(2) By agricultural employer; pesticide. Prior to an
					 agricultural employee's initial assignment to a workplace where the employee
					 may be routinely exposed to a pesticide, an agricultural employer shall provide
					 the employee with an education or training program under sub. (5) (c). The
					 agricultural employer shall provide additional instruction whenever the
					 employee may be routinely exposed to any additional pesticide.
(3) By department. The department shall inform
					 manufacturers, suppliers, employers, agricultural employers and employees of
					 their duties and rights under ss.
					 101.58
					 to
					 101.599.
					 As part of this program, the department shall cooperate with the department of
					 revenue to notify any employer commencing operations on or after May 8, 1982,
					 of that employer's duties and rights.
(4) Definition. In this section, "routinely exposed to any
					 toxic substance" means exposure of at least 30 days per year at exposure levels
					 exceeding 50% of the permissible exposure level established by the federal
					 occupational safety and health administration, or any exposure exceeding 100%
					 of the permissible exposure level, regardless of the exposure period.
(5) Program contents.
(a) Toxic substances and infectious agents. For each toxic
					 substance or infectious agent to which the employee may be routinely exposed,
					 the education or training program shall include:
1.
a. For a toxic substance, the trade name, generic or
					 chemical name and any commonly used synonym for the toxic substance and the
					 trade name, generic or chemical name and any commonly used synonym for its
					 major components.
b. For an infectious agent, its name and any commonly used
					 synonym.
2. The location of the toxic substance or infectious
					 agent.
3. Any symptom of acute or chronic effect of overexposure
					 to the toxic substance or infectious agent.
4. For a toxic substance, the potential for flammability,
					 explosion and reactivity.
5. Proper conditions for safe use of and exposure to the
					 toxic substance or infectious agent.
6. Special precautions to be taken and personal protective
					 equipment to be worn or used, if any, when handling or coming into contact with
					 the toxic substance or infectious agent.
7. Procedures for handling, cleanup and disposal of toxic
					 substances or infectious agents leaked or spilled.
(b) Toxic substances and infectious agents; exception. In
					 an area where employees usually work with a large number of toxic substances or
					 infectious agents which are received in packages of one kilogram or less and no
					 more than 10 kilograms of which are used or purchased per year, the employer
					 may provide a general education or training program in lieu of the education or
					 training program described in par.
(a). The general training program shall be provided prior
					 to an employee's initial assignment to the area and shall include:
1. The information specified in par.
(a) 1. and 2.
2. The nature of the hazards posed by the toxic substances
					 or infectious agents or both.
3. General precautions to be taken when handling or coming
					 into contact with the toxic substances or infectious agents.
(c) Pesticides. For each pesticide to which the employee
					 may be routinely exposed the education or training program shall
					 include:
1. The trade name, generic or chemical name and any
					 commonly used synonym for the pesticide and the trade name, generic or chemical
					 name and any commonly used synonym for its major ingredients.
2. The location of the pesticide and the location where it
					 is used.
3. Any symptom of acute or chronic effect of overexposure
					 to the pesticide.
4. Proper conditions for safe use of and exposure to the
					 pesticide.
5. Special precautions to be taken and personal protective
					 equipment to be worn or used, if any, when handling or coming into contact with
					 the pesticide.
6. Procedures for handling, cleanup and disposal of leaks
					 or spills of the pesticide.
101.598 Rules.
(1) The department shall, by rule, identify as an
					 infectious agent any bacterial, mycoplasmal, fungal, parasitic or viral agent
					 which causes illness in humans or human fetuses or both. The department shall
					 consult with the department of health services in promulgating these
					 rules.
(2) The department may, by rule, exempt employers from
					 retaining a data sheet or maintaining a list, under s.
					 101.583(1),
					 regarding any mixture containing a toxic substance if the nature of the toxic
					 substance or the quantity of toxic substance present in the mixture is such
					 that the mixture is highly unlikely to pose an unreasonable acute or chronic
					 health hazard to an employee who works with or is likely to be exposed to the
					 mixture.
101.599 Remedies; civil forfeitures.
(1) Complaint. An employee or employee representative who
					 has not been afforded his or her rights by an employer or agricultural employer
					 in violation of s.
					 101.583,
					 101.585,
					 101.586,
					 101.595(1), (2) (a) or
					 (3) or
					 101.597(1) or
					 (2) may, within 30 days after the violation
					 occurs or the employee or employee representative first obtains knowledge of
					 the violation, whichever is later, file a complaint with the department
					 alleging the violation. The department shall investigate the complaint and
					 shall attempt to resolve the complaint by conference, conciliation or
					 persuasion. If the complaint is not resolved and the department finds probable
					 cause to believe a violation has occurred, the department shall proceed with
					 notice and a hearing on the complaint as provided in ch. 227. The hearing shall
					 be held within 60 days after receipt by the department of the complaint.
(2) Remedies. The department shall issue its decision and
					 order within 30 days after the hearing. If the department finds that an
					 employer or agricultural employer has violated s.
					 101.583,
					 101.585,
					 101.586,
					 101.595(1), (2) (a) or
					 (3) or
					 101.597(1) or
					 (2), it may order the employer or
					 agricultural employer to take such action as will remedy the effects of the
					 violation, including instituting an education or training program, providing
					 the requested information, reinstating an employee or providing back pay to an
					 employee.
(3) Civil forfeiture.
(a) Except as provided in par.
(b), any person who violates ss.
					 101.58
					 to
					 101.599
					 or an order of the department issued under ss.
					 101.58
					 to
					 101.599
					 shall forfeit not more than $1,000 for each violation.
(b) Any person who willfully violates or exhibits a pattern
					 of violation of ss.
					 101.58
					 to
					 101.599
					 or an order of the department issued under ss.
					 101.58
					 to
					 101.599
					 shall forfeit not more than $10,000 for each violation.