(a) For the purposes of this section only, workplace means any workplace as defined in § 50-3-2003 that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact.
(b) Manufacturing employers, non-manufacturing employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in an emergency.
(c) Each manufacturing employer, non-manufacturing employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list.
(d) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities.
(e) Manufacturing employers, non-manufacturing employers and distributors, upon written request, shall provide the fire chief a copy of the MSDS for any chemical on their workplace chemical list.
(f) The fire chief shall, upon request, make the workplace chemical list and MSDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, non-manufacturing employer or distributor who provided the workplace chemical list or MSDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or MSDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or MSDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or MSDSs from the fire chief shall hold the information contained in the workplace chemical lists or MSDSs in confidence.
(g) (1) Manufacturing employers, non-manufacturing employers and distributors shall place one (1) sign in accordance with the NFPA704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subsection (a).
(2) The commissioner shall promulgate rules in accordance with § 50-3-2007 to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger.
(3) The commissioner shall exempt an employer from this subsection (g) who can satisfactorily demonstrate:
(A) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or
(B) The employer maintains twenty-four-hour security personnel who maintain accurate records as to the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities.
(h) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section.
(a) For the purposes of this section only, workplace means any workplace as defined in § 50-3-2003 that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact.
(b) Manufacturing employers, non-manufacturing employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in an emergency.
(c) Each manufacturing employer, non-manufacturing employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list.
(d) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities.
(e) Manufacturing employers, non-manufacturing employers and distributors, upon written request, shall provide the fire chief a copy of the MSDS for any chemical on their workplace chemical list.
(f) The fire chief shall, upon request, make the workplace chemical list and MSDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, non-manufacturing employer or distributor who provided the workplace chemical list or MSDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or MSDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or MSDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or MSDSs from the fire chief shall hold the information contained in the workplace chemical lists or MSDSs in confidence.
(g) (1) Manufacturing employers, non-manufacturing employers and distributors shall place one (1) sign in accordance with the NFPA704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subsection (a).
(2) The commissioner shall promulgate rules in accordance with § 50-3-2007 to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger.
(3) The commissioner shall exempt an employer from this subsection (g) who can satisfactorily demonstrate:
(A) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or
(B) The employer maintains twenty-four-hour security personnel who maintain accurate records as to the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities.
(h) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section.
(a) For the purposes of this section only, workplace means any workplace as defined in § 50-3-2003 that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact.
(b) Manufacturing employers, non-manufacturing employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in an emergency.
(c) Each manufacturing employer, non-manufacturing employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list.
(d) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities.
(e) Manufacturing employers, non-manufacturing employers and distributors, upon written request, shall provide the fire chief a copy of the MSDS for any chemical on their workplace chemical list.
(f) The fire chief shall, upon request, make the workplace chemical list and MSDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, non-manufacturing employer or distributor who provided the workplace chemical list or MSDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or MSDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or MSDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or MSDSs from the fire chief shall hold the information contained in the workplace chemical lists or MSDSs in confidence.
(g) (1) Manufacturing employers, non-manufacturing employers and distributors shall place one (1) sign in accordance with the NFPA704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subsection (a).
(2) The commissioner shall promulgate rules in accordance with § 50-3-2007 to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger.
(3) The commissioner shall exempt an employer from this subsection (g) who can satisfactorily demonstrate:
(A) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or
(B) The employer maintains twenty-four-hour security personnel who maintain accurate records as to the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities.
(h) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section.
