N.Y. Labor Law § 876: Notice requirements

§ 876. Notice requirements. Notice to employees and their

representatives regarding toxic substances. 1. Every employer shall post

a sign in every workplace at the location or locations where notices to

employees are normally posted, to inform employees that they have a

right to information from their employer regarding the toxic substances

found in the workplace and a description of the toxic effects of these

substances and the circumstances under which these effects are produced.

2. Until such time as the commissioner in consultation with the

commissioner of health determines that there is a federal program in

effect which will guarantee substantially similar protection to

employees, each employer shall make available in writing to each

employee, and if so requested their representatives, information

relating to all toxic effects and the circumstances under which these

effects are produced from the toxic substances to which the employee may

be exposed in the course and scope of employment.

3. It shall be the responsibility of the employer to obtain

information relating to toxic substances from: the manufacturer; the New

York state department of health; the Federal Environmental Protection

Agency's Chemical Substances Information Network; and the Health Hazard

Evaluation Program of the National Institute of Occupational Safety and

Health.

4. Subject to the limitations set forth in section eight hundred

seventy-seven of this article, any manufacturer, importer, producer or

formulator of any toxic substance shipped or transported or sold for any

use within the state must provide, upon request, the following

information:

(a) the name or names of the toxic substance, including the generic or

chemical name;

(b) the trade name of the chemical and any other commonly used name;

(c) the level at which exposure to the substance is determined to be

hazardous, if known;

(d) the acute and chronic effects of exposure at hazardous levels;

(e) the symptoms of such effects;

(f) the potential for flammability, explosion and reactivity of such

substance;

(g) appropriate emergency treatment;

(h) proper conditions for safe use and exposure to such toxic

substance;

(i) procedures for cleanup of leaks and spills of such toxic

substance.

5. Whenever an employer receives new information concerning those

subjects listed in subdivision four of this section, whether from the

manufacturer, importer, producer or formulator or from state or federal

agencies, such employer must make such new information available to

employees and if so requested, their representatives upon receipt of

same.

6. Each employer shall make available to every employee the

informational leaflets that he receives about the toxic substances

information program pursuant to section forty-eight hundred four of the

public health law.

7. Upon receipt of a request for information the employer must provide

the requested information in writing within seventy-two hours, excluding

weekends and public holidays. If the information is not provided, the

employee may not be required to work with the toxic substance until the

information is made available.

8. Provision of information to an employee shall not in any way affect

the liability of an employer with regard to the health and safety of an

employee or other persons exposed to toxic substances, nor shall it

affect the employer's responsibility to take any action to prevent the

occurrence of occupational disease as required under any other provision

of law. Further, it shall not affect any other duty or responsibility of

a manufacturer, producer, or formulator to warn ultimate users of a

toxic substance pursuant to any other provisions of law.