Criteria for standards
Sec. 17.1. (a) Any standard promulgated under this chapter shall
prescribe the use of labels or other appropriate forms of warning as
are necessary to insure that employees are apprised of all hazards to
which they are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and precautions of safe
use or exposure. Where appropriate, such a standard shall also
prescribe suitable protective equipment and control or technological
procedures to be used in connection with the hazards and shall
provide for monitoring or measuring employee exposure at such
locations and intervals and in such manner as may be necessary for
the protection of employees. In addition where appropriate, any
standard shall prescribe the type or frequency of medical
examinations or other tests which shall be made available by the
employer, at employer's cost, to employees exposed to hazards in
order to most effectively determine whether the health of the
employees is adversely affected by the exposure. Upon request, the
results of examinations or tests shall be furnished to the department
and shall remain confidential within the department. At the request
of the employee, results shall be furnished to his physician.
(b) The commission, in promulgating standards dealing with toxic
materials or harmful physical agents, shall set the standard which
most adequately assures, to the extent feasible, on the basis of the
best available evidence, that no employee will suffer material
impairment of health or functional capacity even if the employee has
regular exposure to the hazard dealt with by the standard for the
period of his working life. Development of standards shall be based
upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of
the highest degree of health and safety protection for the employee,
other considerations shall be the latest available scientific data in the
field, the feasibility of the standards, and experience gained under
this and other health and safety laws. Whenever practicable, the
standard promulgated shall be expressed in terms of objective criteria
and of the performance desired.
(c) The commission, in promulgating standards, shall adopt rules
requiring employers to maintain accurate records of employee
exposures to potentially toxic material or harmful physical agents
which are required to be monitored or measured under the standards.
These rules shall provide employees or their representatives with an
opportunity to observe monitoring or measuring and to have access
to the records thereof. These rules shall also make appropriate
provisions for each employee to have access to such records as will
indicate his own exposure to toxic materials or harmful physical
agents. Under these rules, each employer shall notify any employee
who is being consistently exposed to toxic materials or harmful
physical agents in concentrations or at levels which exceed those
prescribed by an occupational safety and health standard and shall
inform any employee who is being thus exposed of the corrective
action being taken.
(Formerly: Acts 1973, P.L.241, SEC.13.) As amended by
P.L.37-1985, SEC.35.
Last modified: May 27, 2006