Chapter 232 Oregon Laws 1999

Session Law

AN ACT

SB 212

Relating to hazard communication rules; amending ORS 654.196 and 654.760; and repealing ORS 654.194.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 654.194 is repealed.

SECTION 2. ORS 654.196 is amended to read:

654.196. (1) The Director of the Department of Consumer and Business Services may by rule require employers to provide information to employees relating to the contents of piping systems. The rules shall include, but need not be limited to requirements for:

(a) Labeling piping systems to provide notice about hazardous chemicals contained in the system; and

(b) Labeling a piping system that uses asbestos as a pipe insulation material.

(2) Every employer shall post a sign in the location where notices to employees are normally posted[,] to inform employees that they have a right under this section[,] and ORS 453.317 (7) [and 654.194] to information from the employer regarding hazardous substances found in the place of employment.

(3) The sign required under subsection (2) of this section shall include, but need not be limited to, the following information and shall be substantially in the following form:

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NOTICE TO EMPLOYEES

You have a right under state law to information about hazardous substances found in your place of employment. For this information, contact your employer.

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(4) Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505, an employer may withhold the precise chemical name of a chemical only if the employer can substantiate that:

(a) The chemical name is a trade secret with commercial value that can be protected only by limiting disclosure; and

(b) The commercial value of the product cannot be preserved by withholding the processes, mixture percentages or other aspects of the production of the product instead of its chemical constituents.

(5) A trade secret designation claimed under subsection (4) of this section may be subject to yearly review.

(6) Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505, if a treating physician or health professional concludes that the chemical identity of a hazardous chemical used in an employer's place of employment is necessary to prescribe necessary treatment for a patient, the employer may not require the physician or health professional to sign a confidentiality agreement as a condition to the release of the information by the employer, manufacturer or importer.

SECTION 3. ORS 654.760 is amended to read:

654.760. [(1)] The Department of Consumer and Business Services shall adopt rules [to be effective no later than March 1, 1988. The rules shall] that require employers in agriculture to:

[(a)] (1) Provide adequate information to all of their employees about hazardous chemicals in use in the workplace and to which employees may reasonably be expected to be exposed;

[(b)] (2) Provide protective safety equipment determined by rule to be adequate; and

[(c)] (3) Provide adequate training for employees mixing, loading, applying or otherwise handling hazardous chemicals.

[(2) In adopting rules, the department shall consider the record compiled pursuant to ORS 654.194.]

Approved by the Governor June 8, 1999

Filed in the office of Secretary of State June 8, 1999

Effective date October 23, 1999

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