§ 95‑208. Communityinformation on hazardous chemicals.
(a) Any person in NorthCarolina may request in writing from the employer a list of chemicals used orstored at the facility. The request shall include the name and address of theperson making the request and a statement of the purpose for the request. Ifthe person is requesting the list on behalf of or for the use of anorganization, partnership, or corporation, he shall also disclose the name andbusiness address of such organization, partnership, or corporation. Therequest may include, at the option of the employer, a statement to the effectthat the information will be used only for the purpose stated. The employershall furnish to the person making the request a list containing, at a minimum,all chemicals included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested. Whenever an employer haswithheld a chemical under the provisions of G.S. 95‑197 from theinformation provided under G.S. 95‑208, the employer must state that theinformation is being withheld and, upon request, must provide the MSDS for thechemical. Additional information may be furnished to the person making therequest at the option of the employer. The employer shall provide, at a feenot to exceed the cost of reproducing the materials, the materials requestedwithin 10 working days of the date the employer receives the written requestfor information.
(b) If the employerfails or refuses to provide the information required under subsection (a) ofthis section, the person requesting the information may request in writing thatthe Commissioner of Labor review the request. The Commissioner of Labor mayconduct an investigation in the same manner as provided in G.S. 95‑195(b). Following the investigation, the Commissioner shall make appropriate findings. Either the employer or the person making the initial request may request anadministrative hearing pursuant to Chapter 150B of the General Statutes. Thisrequest for an administrative hearing shall be submitted to the Commissioner ofLabor within 30 days following the Commissioner making his findings. TheCommissioner of Labor shall within 30 days of receiving the request hold anadministrative hearing to consider the request for information under subsection(a) of this section. This hearing shall be held as provided for in G.S.Chapter 150B, Article 3. If the Commissioner of Labor finds that the requestcomplies with the requirements of subsection (a) of this section, theCommissioner of Labor shall direct that the employer provide to the personmaking the request a list containing, at a minimum, all chemicals used or storedat the facility included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested and may in his discretionassess civil penalties as provided in G.S. 95‑195(c); provided that itshall be a defense to such disclosure if the employer proves that theinformation has been requested directly or indirectly by, or in behalf of, acompetitor of the employer, or that such information is a Hazardous SubstanceTrade Secret, or that the request did not comply with the requirements ofsubsection (a) of this section.
(c) Any order by theCommissioner of Labor under subsection (b) of this section shall be subject tojudicial review as provided under G.S. Chapter 150B, Article 4. (1985,c. 775, s. 1; 1987, c. 827, s. 1.)
§ 95‑208. Communityinformation on hazardous chemicals.
(a) Any person in NorthCarolina may request in writing from the employer a list of chemicals used orstored at the facility. The request shall include the name and address of theperson making the request and a statement of the purpose for the request. Ifthe person is requesting the list on behalf of or for the use of anorganization, partnership, or corporation, he shall also disclose the name andbusiness address of such organization, partnership, or corporation. Therequest may include, at the option of the employer, a statement to the effectthat the information will be used only for the purpose stated. The employershall furnish to the person making the request a list containing, at a minimum,all chemicals included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested. Whenever an employer haswithheld a chemical under the provisions of G.S. 95‑197 from theinformation provided under G.S. 95‑208, the employer must state that theinformation is being withheld and, upon request, must provide the MSDS for thechemical. Additional information may be furnished to the person making therequest at the option of the employer. The employer shall provide, at a feenot to exceed the cost of reproducing the materials, the materials requestedwithin 10 working days of the date the employer receives the written requestfor information.
(b) If the employerfails or refuses to provide the information required under subsection (a) ofthis section, the person requesting the information may request in writing thatthe Commissioner of Labor review the request. The Commissioner of Labor mayconduct an investigation in the same manner as provided in G.S. 95‑195(b). Following the investigation, the Commissioner shall make appropriate findings. Either the employer or the person making the initial request may request anadministrative hearing pursuant to Chapter 150B of the General Statutes. Thisrequest for an administrative hearing shall be submitted to the Commissioner ofLabor within 30 days following the Commissioner making his findings. TheCommissioner of Labor shall within 30 days of receiving the request hold anadministrative hearing to consider the request for information under subsection(a) of this section. This hearing shall be held as provided for in G.S.Chapter 150B, Article 3. If the Commissioner of Labor finds that the requestcomplies with the requirements of subsection (a) of this section, theCommissioner of Labor shall direct that the employer provide to the personmaking the request a list containing, at a minimum, all chemicals used or storedat the facility included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested and may in his discretionassess civil penalties as provided in G.S. 95‑195(c); provided that itshall be a defense to such disclosure if the employer proves that theinformation has been requested directly or indirectly by, or in behalf of, acompetitor of the employer, or that such information is a Hazardous SubstanceTrade Secret, or that the request did not comply with the requirements ofsubsection (a) of this section.
(c) Any order by theCommissioner of Labor under subsection (b) of this section shall be subject tojudicial review as provided under G.S. Chapter 150B, Article 4. (1985,c. 775, s. 1; 1987, c. 827, s. 1.)
§ 95‑208. Communityinformation on hazardous chemicals.
(a) Any person in NorthCarolina may request in writing from the employer a list of chemicals used orstored at the facility. The request shall include the name and address of theperson making the request and a statement of the purpose for the request. Ifthe person is requesting the list on behalf of or for the use of anorganization, partnership, or corporation, he shall also disclose the name andbusiness address of such organization, partnership, or corporation. Therequest may include, at the option of the employer, a statement to the effectthat the information will be used only for the purpose stated. The employershall furnish to the person making the request a list containing, at a minimum,all chemicals included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested. Whenever an employer haswithheld a chemical under the provisions of G.S. 95‑197 from theinformation provided under G.S. 95‑208, the employer must state that theinformation is being withheld and, upon request, must provide the MSDS for thechemical. Additional information may be furnished to the person making therequest at the option of the employer. The employer shall provide, at a feenot to exceed the cost of reproducing the materials, the materials requestedwithin 10 working days of the date the employer receives the written requestfor information.
(b) If the employerfails or refuses to provide the information required under subsection (a) ofthis section, the person requesting the information may request in writing thatthe Commissioner of Labor review the request. The Commissioner of Labor mayconduct an investigation in the same manner as provided in G.S. 95‑195(b). Following the investigation, the Commissioner shall make appropriate findings. Either the employer or the person making the initial request may request anadministrative hearing pursuant to Chapter 150B of the General Statutes. Thisrequest for an administrative hearing shall be submitted to the Commissioner ofLabor within 30 days following the Commissioner making his findings. TheCommissioner of Labor shall within 30 days of receiving the request hold anadministrative hearing to consider the request for information under subsection(a) of this section. This hearing shall be held as provided for in G.S.Chapter 150B, Article 3. If the Commissioner of Labor finds that the requestcomplies with the requirements of subsection (a) of this section, theCommissioner of Labor shall direct that the employer provide to the personmaking the request a list containing, at a minimum, all chemicals used or storedat the facility included on the Hazardous Substance List, the class of eachchemical as defined in G.S. 95‑191(a)(2), and an MSDS for each chemicalfor which an MSDS is available and is requested and may in his discretionassess civil penalties as provided in G.S. 95‑195(c); provided that itshall be a defense to such disclosure if the employer proves that theinformation has been requested directly or indirectly by, or in behalf of, acompetitor of the employer, or that such information is a Hazardous SubstanceTrade Secret, or that the request did not comply with the requirements ofsubsection (a) of this section.
(c) Any order by theCommissioner of Labor under subsection (b) of this section shall be subject tojudicial review as provided under G.S. Chapter 150B, Article 4. (1985,c. 775, s. 1; 1987, c. 827, s. 1.)
