24 LC 39 4118
Senate Bill 417
By: Senators Albers of the 56th, Robertson of the 29th, Burns of the 23rd, Hufstetler of the
52nd, Still of the 48th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to
1
reporting of accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving2
walks and removal from service of such equipment involved in accident, so as to provide for3
timing and documentation for such reports; to amend Article 2 of Chapter 10 of Title 16 of4
the Official Code of Georgia Annotated, relating to obstruction of public administration and5
related offenses, so as to provide for a criminal offense for ignition of fireworks near an6
emergency medical technician, firefighter, or law enforcement officer for purposes of7
hindering the official duties thereof; to provide for punishment; to provide for definitions;8
to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and9
safety, so as to revise licensing requirements and penalties relative to the display of fireworks10
and pyrotechnics and the sale of fireworks; to revise provisions relative to the prohibition on11
the release of certain fire-propelled devices; to revise inspection and certification12
requirements relative to boilers and pressure vessels; to provide for definitions; to amend13
Chapter 22 of Title 45 of the Official Code of Georgia Annotated, relating to public14
employee hazardous chemical protection and right to know, so as to allow for the15
dissemination of certain information relative to hazardous chemicals in written or electronic16
format; to provide for penalties; to provide for definitions; to provide for conforming17
changes; to provide for related matters; to repeal conflicting laws; and for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19
SECTION 1.20
Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to reporting of21
accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving walks and22
removal from service of such equipment involved in accident, is amended by revising23
subsections (a) and (b) as follows:24
"(a) The owner or lessee shall report, by telephone, to the enforcement authority on the25
same day or by noon on the next work day, excluding state holidays and weekends, all26
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving27
personal injury or death. The owner or lessee shall also provide a written report of this
28
accident within seven days file a report with all documentation of this accident by the end29
of the next business day.30
(b) The owner or lessee shall report, in writing, to the enforcement authority within seven31
days by the end of the next business day, excluding state holidays and weekends, all32
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving33
structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter."34
SECTION 2.35
Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to36
obstruction of public administration and related offenses, is amended by adding a new Code37
section to read as follows:38
"16-10-35.39
(a) As used in this Code section, the term:40
(1) 'Emergency medical technician' shall have the same meaning as set forth in Code41
Section 16-10-24.2.42
(2) 'Firefighter' shall have the same meaning as set forth in Code Section 16-10-24.1.43
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(3) 'Firework' means any combustible or explosive composition or any substance or44
combination of substances or article the possession of which is regulated by Chapter 1045
of Title 25.46
(4) 'Law enforcement officer' means any person certified by the Georgia Peace Officer47
Standards and Training Council as having successfully completed the course of training48
required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'49
(b) It shall be unlawful for any person to knowingly and intentionally ignite a firework50
when such firework or component thereof explodes or detonates within 150 feet of or51
causes injury or harm to an emergency medical technician, firefighter, or law enforcement52
officer for the purpose of hindering or disrupting such emergency medical technician,53
firefighter, or law enforcement officer during the lawful discharge of his or her duties.54
(c) Any person who violates subsection (b) of this Code section shall be guilty of a high55
and aggravated misdemeanor."56
SECTION 3.57
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is58
amended in Code Section 25-10-1, relating to definitions relative to regulation of fireworks,59
by adding new paragraphs to subsection (a) to read as follows:60
"(5.1) 'Fireworks or pyrotechnics exhibition or display before a proximate audience'61
means any exhibition or display of fireworks, or any use of pyrotechnic special effects,62
that occurs within a building or structure or before an audience closer to the pyrotechnic63
devices than permitted by National Fire Protection Association Standard 1123, Code for64
Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that65
such term shall not include the use of pyrotechnic special effects in television and motion66
picture production when no audience is present."67
"(8.1) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display68
fireworks, consumer fireworks, or any combination thereof for any purpose relating to69
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the amusement or entertainment of the public that does not occur within a building or70
structure or before a proximate audience; provided, however, that such term shall not71
include the private, personal use of consumer fireworks by the public."72
SECTION 4.73
Said title is further amended by revising Code Section 25-10-3.2, relating to license required74
for pyrotechnics exhibits, requirements, and penalty for violations, as follows:75
"25-10-3.2.76
(a) No person, firm, corporation, association, or partnership shall cause the combustion,77
explosion, deflagration, detonation, or ignition of pyrotechnics for the purpose of a public78
fireworks or pyrotechnics exhibition or display before a proximate audience unless such79
person, firm, corporation, association, or partnership holds a valid license issued by the80
Safety Fire Commissioner in accordance with the provisions of subsection (b) of this Code81
section. Any application for such a license shall be made to the Safety Fire Commissioner82
in the form prescribed by the Safety Fire Commissioner.83
(b) All applicants must shall meet the following requirements for licensure to conduct a84
fireworks or pyrotechnics exhibition or display before a proximate audience:85
(1) The applicant shall submit to the Safety Fire Commissioner proof of a valid86
comprehensive liability insurance policy purchased from an insurer authorized to do87
business in Georgia. The coverage must shall include bodily injury and property damage,88
products liability, completed operations, and contractual liability. The proof of insurance89
must shall also be provided before any license can be renewed. The minimum amount90
of said coverage shall be $1 million or such other amount as specified by the Safety Fire91
Commissioner. An insurer that provided such coverage shall notify the Safety Fire92
Commissioner of any change in coverage;93
(2) The applicant shall pay the required licensing fee as prescribed in Code94
Section 25-10-5; and95
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(3) The applicant shall comply with all rules and regulations promulgated by the Safety
96
Fire Commissioner pursuant to this chapter.97
(c) No person, firm, corporation, association, or partnership shall cause the combustion,
98
explosion, deflagration, detonation, or ignition of fireworks for the purpose of a public99
exhibition or display of fireworks unless such person, firm, corporation, association, or100
partnership holds a valid license issued by the Safety Fire Commissioner in accordance101
with the provisions of subsection (d) of this Code section. Any application for such a102
license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety103
Fire Commissioner. Any violation of this chapter shall be grounds for revocation or denial104
of licensure to conduct pyrotechnic displays.105
(d) All applicants shall meet the following requirements for licensure to conduct a public106
exhibition or display of fireworks:107
(1) The applicant shall submit to the Safety Fire Commissioner proof of competency of108
all operators and assistants;109
(2) The applicant shall pay the required licensing fee as prescribed in Code110
Section 25-10-5; and111
(3) The applicant shall comply with all rules and regulations promulgated by the Safety112
Fire Commissioner pursuant to this chapter.113
(e) Any violation of this chapter shall be grounds for revocation or denial of licensure to114
conduct a fireworks or pyrotechnics exhibition or display before a proximate audience or115
public exhibition or display of fireworks."116
SECTION 5.117
Said title is further amended by revising Code Section 25-10-4, relating to permit required118
to conduct public fireworks exhibition or display, as follows:119
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"25-10-4.
120
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public121
exhibition or display of fireworks not before a proximate audience
shall first obtain a122
permit from the judge of the probate court of the county local fire authority of the county,123
municipality, or other political subdivision or the chartered fire department legally124
organized to operate in this state pursuant to Chapter 3 of this title and having operational125
authority of the area in which the public exhibition or display of fireworks is to be held. 126
Application for a permit must shall be made in writing and filed with the judge local fire127
authority not less than ten days prior to the date of the proposed public exhibition or128
display of fireworks. Fireworks distributors located outside this state shall obtain display129
permit application forms and provide the same to applicants upon request. The judge local130
fire authority may grant a permit for the display public exhibition or display of fireworks131
on the following conditions:132
(1) That the display be conducted by a competent operator approved by the judge public133
exhibition or display of fireworks be conducted by an operator licensed pursuant to134
subsection (c) of Code Section 25-10-3.2;135
(2) That the display shall be of such character as in the opinion of the judge will not be136
hazardous to persons or property;137
(3)(2) That the local fire official responsible for the area in question certifies in writing138
that the site for the display meets his or her approval and public exhibition or display of139
fireworks is in compliance with all applicable codes; and140
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00141
$50,000.00, payable to the county, municipality, or other political subdivision in which142
the display public exhibition or display of fireworks is being held and conditioned for the143
payment of damages which may be caused either to persons or to property by reason of144
the display public exhibition or display of fireworks or, alternatively, that the application145
be accompanied by evidence that the applicant carries proper liability insurance for146
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bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00
147
for each accident and for property damage in the amount of not less than $25,000.00 for148
each accident and $50,000.00 aggregate, with an insurance company duly licensed by the
149
Commissioner of Insurance.150
(b) Any person, firm, corporation, association, or partnership desiring to conduct a public151
fireworks or pyrotechnics exhibition or display of fireworks before a proximate audience152
shall first obtain a permit from the judge of the probate court of the county local fire153
authority of the county, municipality, or other political subdivision or the chartered fire154
department legally organized to operate in this state pursuant to Chapter 3 of this title and155
having operational authority of the area in which the public fireworks or pyrotechnics156
exhibition or display is to be held. Application for a permit must shall be made in writing157
and filed with the judge local fire authority not less than ten days prior to the date of the158
proposed public fireworks or pyrotechnics exhibition or display of fireworks before a159
proximate audience. Such application must contain the license number issued by the160
Safety Fire Commissioner for the person, firm, corporation, association, or partnership that161
will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the162
public exhibition or display. Fireworks distributors located outside this state shall obtain163
display permit application forms and provide the same to applicants upon request. The164
judge local fire authority may grant a permit for the display fireworks or pyrotechnics165
exhibition or display before a proximate audience on the following conditions:166
(1) That the fireworks or pyrotechnics exhibition or display be conducted by a competent167
operator approved by the judge an operator licensed pursuant to subsection (b) of Code168
Section 25-10-3.2;169
(2) That the display shall be of such character as in the opinion of the judge will not be170
hazardous to persons or property;171
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(3)(2) That the local fire official responsible for the area in question certifies in writing172
that the site for the display meets his or her approval and fireworks or pyrotechnics173
exhibition or display is in compliance with all applicable codes; and174
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00175
$50,000.00, payable to the county, municipality, or other political subdivision in which176
the display is being held and conditioned for the payment of damages that may be caused177
either to persons or to property by reason of the fireworks or pyrotechnics exhibition or178
display or, alternatively, that the application be accompanied by evidence that the179
applicant carries property liability insurance for bodily injury in the amount of not less180
than $25,000.00 for each person and $50,000.00 for each accident and for property181
damage in the amount of not less than $25,000.00 for each accident and $50,000.00182
aggregate, with an insurance company duly licensed by the Commissioner of Insurance.183
(c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be184
granted unless the applicant has met all the requirements of and is in full compliance with185
the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this186
chapter.187
(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited188
to the time specified therein, such time not to which shall not exceed a two-week period. 189
The permit shall not be transferable. In the event any fireworks bought and possessed190
under this Code section are not used by the licensee or in the event that there is a surplus191
or excess after the two-week period expires, it shall be the duty of the licensee to return192
such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the193
rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in194
accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband195
and shall not be subject to seizure.196
(e) The judge of the probate court shall receive $10.00 for his or her services local fire197
authority shall receive a fee of not less than $10.00 for services rendered in granting or198
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refusing the original permit and $1.00 pursuant to this Code section and $10.00 for each199
copy issued, to be paid by the applicant. The judge of the probate court local fire authority200
shall provide the Safety Fire Commissioner a copy of each permit granted prior to the201
proposed date of the public exhibition or display of fireworks or the fireworks or202
pyrotechnics exhibition or display before a proximate audience."203
SECTION 6.204
Said title is further amended by revising Code Section 25-10-5, relating to license and fee for205
manufacture, storage, and transportation of fireworks or pyrotechnic displays, regulations,206
and inspections, as follows:207
"25-10-5.208
(a) The annual license fee for any person, firm, or corporation, association, or partnership209
conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing210
fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under211
fireworks or pyrotechnics exhibitions or displays before a proximate audience under212
subsection (a) of Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety213
Fire Commissioner. The license shall expire on December 31 of each year. The Safety214
Fire Commissioner is authorized and directed to promulgate safety regulations relating to215
the manufacture, storage, and transportation of fireworks within this state in order to ensure216
the adequate protection of the employees of any such person, firm, or corporation,217
association, or partnership and of the general public. The Safety Fire Commissioner is also218
further authorized and directed to promulgate safety regulations relating to the public219
exhibition or display of pyrotechnics fireworks or pyrotechnics exhibitions or displays220
before a proximate audience and the licensing requirements of those conducting such221
public fireworks or pyrotechnics exhibitions or displays before a proximate audience, as222
he or she deems necessary. The Safety Fire Commissioner is further authorized and223
directed to conduct periodic inspections of the facilities of any person, firm, or corporation,224
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association, or partnership manufacturing, storing, and transporting fireworks as provided225
in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order226
to ensure compliance with fire safety rules and regulations.227
(b) The annual license fee for any person, firm, corporation, association, or partnership228
conducting public exhibitions or displays of fireworks under subsection (c) of Code229
Section 25-10-3.2 shall be $500.00 per year, payable to the Safety Fire Commissioner. The230
license shall expire on December 31 of each year. The Safety Fire Commissioner is231
authorized and directed to promulgate safety regulations relating to public exhibitions or232
displays of fireworks and the licensing requirements of those conducting such public233
exhibitions or displays of fireworks, as he or she deems necessary."234
SECTION 7.235
Said title is further amended in Code Section 25-10-8, relating to penalty for violations of236
chapter, by revising subsection (b) as follows:237
"(b) Any person, firm, corporation, association, or partnership that violates any other238
provision of this chapter shall be guilty of a misdemeanor and shall be subject to monetary239
penalties as provided for in Code Section 25-10-9."240
SECTION 8.241
Said title is further amended by revising Code Section 25-10-9, relating to penalty for illegal242
use or sale of fireworks, as follows:243
"25-10-9.244
Notwithstanding any provision of this chapter to the contrary, the Safety Fire245
Commissioner shall have the authority to subject any person, firm, corporation, association,246
or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00247
for each and every act in violation of this chapter; provided, however, that the Safety Fire248
Commissioner shall have the authority to subject any person, firm, corporation, association,249
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or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane
250
structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,251
corporation, association, or partnership is a distributor, then a license revocation for not252
more than two years. Each sales transaction in violation of this chapter shall be a separate253
offense."254
SECTION 9.255
Said title is further amended by revising Code Section 25-10-10, relating to prohibition on256
release of certain fire-propelled devices into the air and certain floating lantern devices into257
public water locations, as follows:258
"25-10-10.259
(a)
It shall be unlawful for any person, firm, corporation, association, or partnership to sell260
or offer for sale or release or cause to be released any balloon, bag, parachute, or other261
similar device which requires fire underneath for propulsion or to release or cause to be262
released any floating water lantern or wish lantern which uses a flame to create a lighting263
effect in any public waterway, lake, pond, stream, or river.264
(b) It shall be unlawful for any person, firm, corporation, association, or partnership to265
release or cause to be released any floating water lantern which uses a flame to create a266
lighting effect in any public waterway, lake, pond, stream, or river."267
SECTION 10.268
Said title is further amended in Code Section 25-15-16, relating to exceptions from article269
and exemptions from inspection and certificate requirements relative to regulation of boilers270
and pressure vessels, by revising paragraphs (13) through (15) of subsection (a) as follows:271
"(13) Boilers and pressure vessels operated and maintained as a part of a manufacturing272
process; provided, however, that any person, firm, partnership, or corporation operating273
such a boiler or pressure vessel has insurance or is self-insured and such boiler or274
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pressure vessel is regularly inspected in accordance with the minimum requirements for275
safety as defined in the ASME Code by an inspector who has been issued a certificate of276
competency by the Commissioner in accordance with the provisions of Code277
Section 25-15-19;278
(14)(13) Boilers and pressure vessels operated and maintained by a public utility; and279
(15)(14) Autoclaves used only for the sterilization of reusable medical or dental280
implements in the place of business of any professional licensed by the laws of this state."281
SECTION 11.282
Said title is further amended by revising Code Section 25-15-18, relating to deputy inspectors283
for boilers and pressure vessels, as follows:284
"25-15-18.285
The Commissioner may employ deputy inspectors who shall be responsible to the chief286
inspector and who shall have, had at the time of appointment not:287
(1)(A) Not less than three years' experience in the construction, installation, inspection,288
operation, maintenance, or repair of high pressure boilers and pressure vessels as a289
mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and290
who shall have passed; or291
(B) Successfully completed a nationally recognized program which provides adequate292
experience in the field that has been approved by the Commissioner through rule or293
regulation; and294
(2) Passed the examination provided for in Code Section 25-15-20."295
SECTION 12.296
Said title is further amended in Code Section 25-15-23, relating to inspections of boilers and297
pressure vessels, by revising subparagraph (b)(1)(D) as follows:298
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"(D) Pressure vessels subject to internal corrosion shall receive a certificate inspection299
triennially biannually with an internal inspection at the discretion of the inspector. 300
Pressure vessels not subject to internal corrosion shall receive a certificate of inspection301
at intervals set by the office; and"302
SECTION 13.303
Chapter 22 of Title 45 of the Official Code of Georgia Annotated, relating to public304
employee hazardous chemical protection and right to know, is amended in Code305
Section 45-22-2, relating to definitions, by revising paragraphs (15) through (20) and adding306
a new paragraph to read as follows:307
"(15) 'Material safety data sheet' means the document prepared by manufacturers in308
accordance with the requirements of the Occupational Safety and Health Administration309
standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the310
following information:311
(A) The chemical name and the common name of the hazardous chemical;312
(B) The hazards or other risks in the use of the hazardous chemical, including:313
(i) The potential for fire, explosion, corrosivity, and reactivity;314
(ii) The known acute and chronic health effects of risks from exposure, including the315
medical conditions which are generally recognized as being aggravated by exposure316
to the hazardous chemical; and317
(iii) The primary routes of entry and the symptoms of overexposure;318
(C) The proper precautions, handling practices, necessary personal protective319
equipment, and other safety precautions in the use of or exposure to the hazardous320
chemicals, including appropriate emergency treatment in case of overexposure;321
(D) The emergency procedures for spills, fire, disposal, and first aid;322
(E) A description in lay terms of the known specific potential health risks posed by the323
hazardous chemical intended to alert any person reading this information; and324
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(F) The year and month, if available, that the information was compiled and the name,325
address, and emergency telephone number of the manufacturer responsible for326
preparing the information.327
(16)(15) 'Mixture' means any combination of two or more chemicals, if the combination328
is not, in whole or in part, the result of a chemical reaction.329
(17)(16) 'Occupational Safety and Health Administration standard' means the Hazard330
Communication Standard issued by the Occupational Safety and Health Administration,331
29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) in effect as of January 1, 2024.332
(18)(17) 'Person' means any individual, natural person, public or private corporation,333
incorporated association, government, government agency, partnership, or unincorporated334
association.335
(19)(18) 'Physical hazard' means a chemical for which there is scientifically valid336
evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an337
organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.338
(20)(19) 'Produce' means to manufacture, process, formulate, or repackage.339
(20) 'Safety data sheet' means the document prepared by manufacturers in accordance340
with the requirements of Section 1920.1220(g) and Appendix D of the Occupational341
Safety and Health Administration standard."342
SECTION 14.343
Said chapter is further amended by revising Code Section 45-22-4, relating to responsibility344
of public contractors who introduce hazardous materials into workplace, as follows:345
"45-22-4.346
A public contractor who introduces hazardous materials into the workplace shall agree, and347
include a statement, in all bids, agreements, contracts, or other instrument instruments to348
the effect that such contractor shall be responsible for compliance with the provisions of349
this chapter for persons employed by such contractor utilized under such contract. Any350
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such public contractor who introduces hazardous chemicals into the workplace shall
351
provide material
safety data sheets for such chemicals to all employees using them such352
hazardous chemicals and instruction in handling, emergency procedures, and disposal prior353
to introducing such hazardous chemicals. This Code section shall not be construed to place354
responsibility on any person, firm, or corporation other than public contractors."355
SECTION 15.356
Said chapter is further amended by revising Code Section 45-22-7, relating to material safety357
data sheets, notice to employees, and rights of employees, as follows:358
"45-22-7.359
(a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare a360
material safety data sheet which, to the best knowledge of the manufacturer, importer, or361
distributor, is current, accurate, and complete, based on information then reasonably362
available to the manufacturer, importer, or distributor, and provide a copy of the material363
safety data sheet to employers who purchase such hazardous chemicals and an electronic364
copy to the department annually in a written or electronic format. Such safety data sheet365
shall be maintained by the employer for a period of not less than three years.366
(b) Any person who produces a mixture may, for the purposes of this Code section,367
prepare and use a mixture material safety data sheet, subject to the provisions of368
subsection (j) of this Code section.369
(c) A manufacturer, importer, distributor, or employer may provide the information370
required by this Code section on an entire mixture, instead of on each hazardous chemical371
in it, when all of the following conditions exist:372
(1) Toxicity test information exists on the mixture itself or adequate information exists373
to form a valid judgment of the hazardous properties of the mixture itself and the material374
safety data sheet indicates that the information presented and the conclusions drawn are375
from some source other than direct test data on the mixture itself, and that a material376
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safety data sheet on each constituent hazardous chemical identified on the material safety377
data sheet is available upon request;378
(2) Provision of information on the mixture will be as effective in protecting employee379
health as information on the ingredients;380
(3) The hazardous chemicals in the mixture are identified on the material safety data381
sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that382
the reason why the hazardous chemicals in the mixture are not identified shall be stated383
on the material safety data sheet; and384
(4) A single mixture material safety data sheet may be provided for more than one385
formulation of a product mixture if the information provided does not vary for the386
formulation.387
(d) A manufacturer, importer, or distributor who is responsible for preparing and388
transmitting a material safety data sheet under the provisions of this Code section shall389
revise such material safety data sheet on a timely basis, as appropriate to the importance390
of any new information which would affect the contents of the existing material safety data391
sheet, and in any event within three months of such information becoming available to the392
manufacturer, importer, or distributor. Each such manufacturer, importer, or distributor393
shall provide a copy of the material safety data sheet to employers who have purchased394
such hazardous chemicals and an electronic copy to the department in a written or395
electronic format. Such safety data sheet shall be maintained by the employer for a period396
of not less than three years.397
(e) Any person subject to the provisions of this Code section shall be relieved of the398
obligation to provide a direct purchaser of a hazardous chemical with a material safety data399
sheet if:400
(1) He or she has a record of having provided the direct purchaser with the most recent401
version of the material safety data sheet;402
(2) The chemical is labeled pursuant to:403
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(A) The federal Atomic Energy Act; or
404
(B) The federal Resource Conservation and
Recovery Act; or405
(3) The article is one sold at retail and is incidentally sold to an employer or the406
employer's employees in the same form, approximate amount, concentration, and manner407
as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article408
is not significantly greater than the consumer exposure occurring during the principal409
consumer use of the article.410
(f) If an employer is not supplied with a material safety data sheet by a manufacturer,411
importer, or distributor for a hazardous chemical subject to this Code section, such412
employer shall, within a reasonable amount of time after discovering that a material safety413
data sheet has not been supplied, use diligent efforts to obtain such material safety data414
sheet from the manufacturer, importer, or distributor. For purposes of this subsection Code415
section, 'diligent efforts' means a prompt inquiry by the employer to the manufacturer,416
importer, or distributor of the hazardous chemicals; provided, however, that an independent417
contractor or subcontractor shall be responsible for obtaining the material safety data sheet418
for his or her employees in the workplace of another.419
(g) If after having used diligent efforts, an employer still fails to obtain a material safety420
data sheet, such employer shall notify the department of the employer's inability to obtain421
such material safety data sheet.422
(g) The department shall be authorized to punish any manufacturer, importer, or distributor423
of a hazardous chemical that violates this Code section by imposition of a monetary 424
penalty not to exceed $1,000.00 for each day that such manufacturer, importer, or425
distributor of a hazardous chemical subject to this Code section has not provided the426
employer with the safety data sheet.427
(h) An employer who has used diligent efforts and who has made a documented428
notification to the department pursuant to this Code section shall not be found in violation429
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of this Code section with respect to the material safety data sheet which was not supplied430
by the manufacturer, importer, or distributor as required by this Code section.431
(i) Every employer who manufactures, produces, uses, applies, or stores hazardous432
chemicals in the workplace shall post a notice as prescribed by rule or regulation433
promulgated by the department in a place where notices are normally posted, informing434
employees of their rights under this chapter.435
(j) Every employer who manufactures, produces, uses, applies, or stores hazardous436
chemicals in the workplace shall maintain a material safety data sheet for each hazardous437
chemical which is present in such workplace. All material safety data sheets shall be438
readily available in the workplace in a written or electronic format; provided, however, that439
employers who maintain one or more work areas which are not fixed at specific geographic440
locations shall be authorized to maintain material safety data sheets for each hazardous441
chemical used in such work area at a central location.442
(k)(1) A material safety data sheet may be kept in any form, including operations443
procedures, and may be designed to cover groups of hazardous chemicals in a work area444
where it may be appropriate to address the hazards of a process rather than individual445
hazardous chemicals. The employer shall ensure that in all cases the required information446
is provided for each hazardous chemical, and is readily accessible during each workshift447
to employees when they are in their work area; provided, however, that employers who448
maintain one or more work areas which are not fixed at specific geographic locations449
shall be authorized to maintain material safety data sheets for each hazardous chemical450
used in such work area at a central location.451
(2) Any employee may request in writing and shall have the right to examine and obtain452
the material safety data sheets for the hazardous chemicals to which he or she is, has453
been, or may be exposed. The employer shall provide any material safety data sheet454
within its possession within five of the requesting employee's working days, subject to455
the provisions of subsection (g) (f) of this Code section. The employer may adopt456
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reasonable procedures for acting upon such requests to avoid interruption of normal work
457
operations.458
(3) An independent contractor or subcontractor working in the workplace of another459
employer may request in writing and shall have the right to examine the material
safety460
data sheets for the hazardous chemicals to which such contractor, subcontractor, or461
employees thereof are, have been, or may be exposed. The employer shall provide any462
material safety data sheet within its possession within five of the requesting independent463
contractor's or subcontractor's working days, subject to the provisions of subsection (g)464
(f) of this Code section. The employer may adopt reasonable procedures for acting upon465
such requests to avoid interruption of normal work operations.466
(4) If an employee who has requested a material safety data sheet pursuant to this chapter467
has not received such material safety data sheet within five of the requesting employee's468
working days, subject to the provisions of subsection (g) (f) of this Code section, that469
employee may refuse to work with the chemical for which he or she has requested the470
material safety data sheet until such material safety data sheet is provided by the471
employer; provided, however, that nothing contained in this paragraph shall be construed472
to permit any employee to refuse to perform essential services, as such term is defined473
by rule or regulation; provided, further, that nothing in this paragraph shall be construed474
to interfere with the right of the employer to transfer an employee who so refuses to work475
to other duties until such material safety data sheet is provided, and such a transfer shall476
not to be considered as a discriminatory act under Code Section 45-22-10. No pay,477
position, seniority, or other benefits shall be lost for exercise of any right provided by this478
chapter as a result of such a transfer.479
(l) No employer shall discharge or otherwise discriminate against an employee for the480
employee's assertion of the employee's rights under this chapter.481
(m) For the purposes of this Code section, an employer, independent contractor, or482
subcontractor shall maintain material safety data sheets for their own workplaces only;483
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provided, however, that employees of such independent contractor or subcontractor, insofar
484
as they are exposed in the course of their employment to hazardous chemicals in other485
workplaces, shall have the right to examine material
safety data sheets for those chemicals486
to which they are exposed from the workplace employer through a written request to their487
own employer as provided in paragraph (2) of subsection (k) of this Code section. 488
Nothing contained in this chapter shall be construed to require an employer to conduct489
studies to develop new information."490
SECTION 16.491
Said chapter is further amended in Code Section 45-22-8, relating to information and training492
standards, by revising subsections (a) and (b) as follows:493
"(a) Each employer shall be required to comply with the minimum information standards494
set forth in this subsection. Each employee shall be informed of:495
(1) The requirements of this Code section;496
(2) What a material safety data sheet is and the contents of the material safety data sheet497
for any hazardous chemical to which he or she is exposed, or equivalent information,498
either in written form or through training programs;499
(3) Any operations in his or her work area where hazardous chemicals are present;500
(4) The location and availability of training programs;501
(5) His or her right to receive information regarding hazardous chemicals to which he502
or she may be exposed;503
(6) His or her right for his or her physician to receive information regarding hazardous504
chemicals to which the employee may be exposed; and505
(7) His or her right against discharge or other discrimination due to the employee's506
exercise of the rights provided by this chapter.507
(b) In addition to providing the information required by subsection (a) of this Code508
section, each employer shall be required to provide a training program for all employees509
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who are exposed to hazardous chemicals in the normal course of their employment. When
510
training employees who are exposed to hazardous chemicals, the employer shall explain511
any physical or health hazards associated with the use of the chemical or mixture; proper512
precautions for handling, necessary personal protective equipment,
or other safety513
precautions necessary to prevent or minimize exposure to the hazardous chemical; methods514
of observation that may be used to detect the presence or release of a hazardous chemical515
in a work area, including, but not limited to, spot check monitoring, continuous monitoring,516
or methods of visual or olfactory detection; the labeling system and the material safety data517
sheet, and how employees can obtain and use the appropriate hazard information; and518
emergency procedures for spills, fire, disposal, and first aid. This information may relate519
to an entire class of hazardous chemicals to the extent appropriate and related to the job. 520
Whenever any employer receives a new or revised material safety data sheet, such521
information shall be provided to employees on a timely basis not to exceed 30 days after522
receipt, if the new information indicates significantly increased risks to or measures523
necessary to protect employee health as compared to those stated on a material safety data524
sheet previously provided."525
SECTION 17.526
Said chapter is further amended by revising Code Section 45-22-9, relating to publication by527
employers of list of hazardous chemicals in workplace, as follows:528
"45-22-9.529
Each employer shall publish, On and after July 1, 1989, each employer shall publish in530
print or electronically in January and July of each year, a list of hazardous chemicals that531
its employees use or are exposed to in the workplace. Such list shall be in written or532
electronic format and available for public inspection at the workplace office. A533
comprehensive list of all hazardous chemicals used by the employer shall also be available534
for public inspection at the employer's state headquarters."535
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SECTION 18.
536
All laws and parts of laws in conflict with this Act are repealed.537
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