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 employees 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 employee or employee representative, exclusive of weekends and legal holidays, the employer shall provide to the employee or employee representative a copy of any list maintained for the employee's workplace or the workplace of the employees represented by the employee 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 employee 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 employees 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 employee or employee representative, exclusive of weekends and legal holidays, an employer shall provide to the employee or employee representative in writing the following information regarding any toxic substance with which the employee works or worked or to which the employee 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 employee or employee representative making the request has requested information about the toxic substance under
par. (a) 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.
101.583 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
101.585
101.585
Infectious agent information requirements; employer to employee. 101.585(1)
(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:
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 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.
101.585 History
History: 1981 c. 364.
101.585 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
101.586
101.586
Pesticide information requirements; employer or agricultural employer to employee. Within 72 hours of a request from an employee or employee representative, exclusive of weekends and legal holidays, an employer or agricultural employer shall provide the requesting employee or employee 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 employee works or to which the employee is likely to be exposed.
101.586 History
History: 1981 c. 364;
1983 a. 392.
101.586 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
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 employees 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).
101.587 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
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 employee upon request.
101.588 History
History: 1983 a. 392.
101.588 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
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 employee or employee 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.
101.589 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
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 employees under
s. 101.583 (2) (a) or
101.585 (1).
101.59 History
History: 1981 c. 364.
101.59 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
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, 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.
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 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.
101.592 History
History: 1981 c. 364;
1983 a. 392 s.
20.
101.592 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
101.595(1)(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.
101.595(2)(a)(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.
101.595(3)
(3) Waiver prohibited. No person may request or require any employee to waive any rights under
ss. 101.58 to
101.599.
101.595 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
101.597
101.597
Education and training programs. 101.597(1)
(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.
101.597(2)
(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.
101.597(3)
(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.
101.597(4)
(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.
101.597(5)(a)(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:
101.597(5)(a)1.a.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.
101.597(5)(a)1.b.
b. For an infectious agent, its name and any commonly used synonym.
101.597(5)(a)2.
2. The location of the toxic substance or infectious agent.
101.597(5)(a)3.
3. Any symptom of acute or chronic effect of overexposure to the toxic substance or infectious agent.
101.597(5)(a)4.
4. For a toxic substance, the potential for flammability, explosion and reactivity.
101.597(5)(a)5.
5. Proper conditions for safe use of and exposure to the toxic substance or infectious agent.
101.597(5)(a)6.
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.
101.597(5)(a)7.
7. Procedures for handling, cleanup and disposal of toxic substances or infectious agents leaked or spilled.
101.597(5)(b)
(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:
101.597(5)(b)2.
2. The nature of the hazards posed by the toxic substances or infectious agents or both.
101.597(5)(b)3.
3. General precautions to be taken when handling or coming into contact with the toxic substances or infectious agents.
101.597(5)(c)
(c)
Pesticides. For each pesticide to which the employee may be routinely exposed the education or training program shall include:
101.597(5)(c)1.
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.
101.597(5)(c)2.
2. The location of the pesticide and the location where it is used.
101.597(5)(c)3.
3. Any symptom of acute or chronic effect of overexposure to the pesticide.
