101.58
101.58
Employes' right to know. 101.58(2)(a)
(a) "Agricultural employer" means any person, including the state and its political subdivisions, who engages the services of any employe to perform agricultural labor. If any employe is present at the workplace of an agricultural employer under an agreement between that agricultural employer and another agricultural employer or employer, "agricultural employer" means the agricultural employer with control or custody of a pesticide. An agricultural employer who engages some employes to perform agricultural labor and other employes for other purposes is only an agricultural employer with respect to the employes engaged to perform agricultural labor.
101.58(2)(c)
(c) "Employe" 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.
101.58(2)(d)
(d) "Employe representative" means an individual or organization to whom an employe 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 employe or a recognized or certified collective bargaining agent.
101.58(2)(e)
(e) "Employer" means any person, except an agricultural employer, with control or custody of any employment or workplace who engages the services of any employe. "Employer" includes the state and its political subdivisions. If any employe 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 employes to perform agricultural labor and other employes for other purposes is only considered an employer with respect to the employes engaged for other purposes.
101.58(2)(f)
(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.
101.58(2)(h)
(h) "Overexposure" means any chronic or acute exposure to a toxic substance or infectious agent which results in illness or injury.
101.58(2)(i)
(i) "Pesticide" means any substance or mixture of substances which is registered with the federal environmental protection agency under
7 USC 136 to
136y or the department of agriculture, trade and consumer protection under
ch. 94, and which is labeled, designed or intended to prevent, destroy, repel or mitigate any pest or as a plant regulator, defoliant or desiccant.
101.58(2)(j)1.1. "Toxic substance" means any substance or mixture containing a substance regulated by the federal occupational safety and health administration under title 29 of the code of federal regulations part 1910, subpart z, which is introduced by an employer to be used, studied or produced in the workplace.
101.58(2)(j)2.a.
a. Any article, including but not limited to an item of equipment or hardware, which contains a substance regulated by the federal occupational safety and health administration under title 29 of the code of federal regulations part 1910, subpart z, if the substance is present in a solid form which does not cause any acute or chronic health hazard as a result of being handled by an employe.
101.58(2)(j)2.b.
b. Any mixture containing a substance regulated under title 29 of the code of federal regulations part 1910, subpart z, if the substance is less than one percent, or, if the substance is an impurity, less than 2%, of the product.
101.58(2)(j)2.c.
c. Any consumer product packaged for distribution to and used by the general public, for which the employe's exposure during use is not significantly greater than the consumer's exposure occurring during the principal use of the product.
101.58(2)(j)2.d.
d. Any substance received by an employer in a sealed package and subsequently sold or transferred in that package, if the seal remains intact while the substance is in the employer's workplace.
101.58(2)(j)2.e.
e. Any waste material regulated under the federal resource conservation and recovery act,
P.L. 94-580.
101.58(2)(k)
(k) "Workplace" means any location where an employe performs a work-related duty in the course of his or her employment, except a personal residence.
101.58(3)
(3) Relationship to federal regulations. 101.58(3)(a)(a) If the federal occupational safety and health administration promulgates a hazards communication regulation which, with respect to toxic substances, has requirements comparable to those in
s. 101.583,
101.59 or
101.597 (1), and has time periods no less stringent than
s. 101.589 and confidentiality requirements no less stringent than
s. 101.592, an employer, manufacturer or supplier may apply to the department for an exemption from
s. 101.583,
101.59 or
101.597 (1).
101.58(3)(b)
(b) An employer applying to the department for an exemption under
par. (a) shall provide a copy of the application to appropriate certified collective bargaining agents and shall post a statement at the place where notices to employes are normally posted. The posted statement shall summarize the application, specify a place where employes may examine it and inform employes of their right to request a hearing on it.
101.58(3)(c)
(c) Upon receipt of a written request from an affected employer, manufacturer, supplier, employe or employe representative, the department shall hold a hearing on the application. If a hearing has been requested, the department is prohibited from approving the application until a hearing has been held. In no case may the department approve the application within less than 60 days after receiving it.
101.58 Annotation
Wisconsin's new "right to know" law. McCauley. WBB Jan. 1983.
101.581
101.581
Notice requirements. 101.581(1)
(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 employes are usually posted a sign which informs employes that the employer is required, upon request, to provide an employe or employe representative with all of the following:
101.581(1)(a)
(a) The identity of any toxic substance or infectious agent which an employe works with or is likely to be exposed to.
101.581(1)(b)
(b) A description of any hazardous effect of the toxic substance or infectious agent.
101.581(1)(c)
(c) Information regarding precautions to be taken when handling the toxic substance or infectious agent.
101.581(1)(d)
(d) Information regarding procedures for emergency treatment in the event of overexposure to the toxic substance or infectious agent.
101.581(1)(e)
(e) Access to the information contained on the label of any pesticide with which the employe works or to which the employe is likely to be exposed.
101.581(2)
(2) Agricultural employer. An agricultural employer who uses pesticides shall post in a prominent place in the workplace a sign which informs employes that the agricultural employer is required, upon request, to provide an employe or employe representative with access to the information contained on the label of any pesticide with which the employe works or to which the employe is likely to be exposed.
101.581(3)
(3) Minor employe. If an employe is a minor, an employer or agricultural employer shall send to the employe's parent or guardian, at the address provided by the employe, notice of the employe's rights under
sub. (1) or
(2).
101.581 History
History: 1981 c. 364;
1983 a. 392.
101.581 Annotation
"Produces" under (1) means to create, bring forth, or cause hazardous substances to exist in work place. Door Cty. Highway Dept. v. DILHR, 137 W (2d) 280, 404 NW (2d) 548 (Ct. App. 1987).
101.583
101.583
Toxic substance information requirements; employer to employe. 101.583(1)
(1)
Retention of information; lists. Except as provided by department rule under
s. 101.598, an employer shall:
101.583(1)(a)
(a) Retain any material safety data sheet relating to a toxic substance and containing the information required to be provided to employes under
sub. (2) for 30 years after the date upon which the employer last received the toxic substance in the workplace; or
101.583(1)(b)1.1. Maintain a written list identifying any toxic substance present in a workplace on or after May 10, 1984, except as provided in
subd. 2., and the dates that the toxic substance is present in the workplace. If a list is maintained, each toxic substance required to be on the list shall be included on the list until 30 years after the last date on which the substance is received in the workplace. Within 30 days after a written request by an employe or employe representative, exclusive of weekends and legal holidays, the employer shall provide to the employe or employe representative a copy of any list maintained for the employe's workplace or the workplace of the employes represented by the employe representative.
101.583(1)(b)2.a.a. A toxic substance need not be included on a list if in the area in which any employe usually works the toxic substance is received in packages of one kilogram or less and if no more than 10 kilograms of the toxic substance are used in or purchased for that area per year.
101.583(1m)
(1m) Any employer with less than 10 employes and less than $750,000 in gross sales in the most recent calendar or fiscal year, whichever the employer uses for income or franchise tax purposes, is not subject to the requirements of
sub. (1).
101.583(2)(a)(a) Except as provided in
s. 101.589, within 15 days after a written request by an employe or employe representative, exclusive of weekends and legal holidays, an employer shall provide to the employe or employe representative in writing the following information regarding any toxic substance with which the employe works or worked or to which the employe is likely to be or has been exposed:
101.583(2)(a)2.
2. The chemical name and any commonly used synonym for the toxic substance and the chemical name and any commonly used synonym for its major components.
101.583(2)(a)3.
3. The boiling point, vapor pressure, vapor density, solubility in water, specific gravity, percentage volatile by volume, evaporation rate for liquids and appearance and odor of the toxic substance.
101.583(2)(a)4.
4. The flash point and flammable limits of the toxic substance.
101.583(2)(a)5.
5. Any permissible exposure level, threshold limit value or other established limit value for exposure to the toxic substance.
101.583(2)(a)7.
7. Recommended fire extinguishing media, special fire fighting procedures and any unusual fire and explosion hazard information for the toxic substance.
101.583(2)(a)8.
8. Any effect of overexposure to the toxic substance, emergency and first aid procedures and a telephone number to be called in an emergency.
101.583(2)(a)9.
9. Any condition or material which is incompatible with the toxic substance and must be avoided.
101.583(2)(a)10.
10. Any personal protective equipment to be worn or used and special precautions to be taken when handling or coming into contact with the toxic substance.
101.583(2)(a)11.
11. Procedures for the handling, cleanup and disposal of toxic substances leaked or spilled.
101.583(2)(b)
(b) An employer is not required to provide information regarding a toxic substance under
par. (a) if the employe or employe representative making the request has requested information about the toxic substance under
par. (a) within the preceding 12 months, unless the employe's job assignment has changed or there is new information available concerning any of the subjects about which information is required to be provided.
101.585
101.585
Infectious agent information requirements; employer to employe. 101.585(1)
(1) Except as provided in
s. 101.589 (1) and
(3), within 72 hours after a written request by an employe or employe representative, exclusive of weekends and legal holidays, an employer shall provide in writing to the employe or employe representative the following information regarding any infectious agent which the employe 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:
101.585(1)(a)
(a) The name and any commonly used synonym of the infectious agent.
101.585(1)(b)
(b) Any method or route of transmission of the infectious agent.
101.585(1)(c)
(c) Any symptom or effect of infection, emergency and first aid procedures and a telephone number to be called in an emergency.
101.585(1)(d)
(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.
101.585(1)(e)
(e) Procedures for handling, cleanup and disposal of infectious agents leaked or spilled.
101.585(2)
(2) An employer is not required to provide information regarding an infectious agent under
sub. (1) if the employe or employe representative making the request has requested information about the infectious agent under
sub. (1) within the preceding 12 months, unless the employe's job assignment has changed or there is new information available concerning any of the subjects about which information is required to be provided.
101.585 History
History: 1981 c. 364.
101.586
101.586
Pesticide information requirements; employer or agricultural employer to employe. Within 72 hours of a request from an employe or employe representative, exclusive of weekends and legal holidays, an employer or agricultural employer shall provide the requesting employe or employe representative with access to the container label or the information required by the federal environmental protection agency or the department of agriculture, trade and consumer protection to be on the container label, for any pesticide with which the employe works or to which the employe is likely to be exposed.
101.586 History
History: 1981 c. 364;
1983 a. 392.
101.587
101.587
Information requirements; employer or agricultural employer to department. The department or the department of health and family services may request the information required to be provided to employes under
ss. 101.583,
101.585 and
101.586. The employer or agricultural employer shall provide the information within the time periods provided in
ss. 101.583,
101.585,
101.586 and
101.589
101.587 History
History: 1981 c. 364;
1995 a. 27 s.
9126 (19).
101.588
101.588
Information collection and maintenance; department. If an employer ceases business operations in this state, the employer shall provide the department with the information required under
s. 101.583 or
101.585 relating to that employer. The department shall maintain that information and provide it to any employe upon request.
101.588 History
History: 1983 a. 392.
101.589
101.589
Extended time periods; exceptions. 101.589(1)
(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.
101.589(2)
(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.
101.589(3)
(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 employe or employe representative that the employer has requested, has not received and does not otherwise have the information.
101.589 History
History: 1981 c. 364;
1981 c. 391 s.
210.
101.59
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 employes under
s. 101.583 (2) (a) or
101.585 (1).
101.59 History
History: 1981 c. 364.
101.592
101.592
Confidential information. 101.592(1)
(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, employe or employe 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.
101.592(2)
(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 employe's authorized physician stating that the information is necessary for medical treatment of the employe. 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.
101.592 History
History: 1981 c. 364;
1983 a. 392 s.
20.
