(1) BY EMPLOYER; TOXIC SUBSTANCE, INFECTIOUS AGENT OR PESTICIDE. Except as provided in sub. (5) (b), prior to an employee’s initial assignment to a workplace where the employee may be routinely exposed to any toxic substance, infectious agent or pesticide, an employer shall provide the employee with an education or training program under sub. (5) (a) or (c). The employer shall provide additional instruction whenever the employee may be routinely exposed to any additional toxic substance or infectious agent. (2) BY AGRICULTURAL EMPLOYER; PESTICIDE. Prior to an agricultural employee’s initial assignment to a workplace where the employee may be routinely exposed to a pesticide, an agricultural employer shall provide the employee with an education or training program under sub. (5) (c). The agricultural employer shall provide additional instruction whenever the employee may be routinely exposed to any additional pesticide. (3) BY DEPARTMENT. The department shall inform manufacturers, suppliers, employers, agricultural employers and employees of their duties and rights under ss. 101.58 to 101.599. As part of this program, the department shall cooperate with the department of revenue to notify any employer commencing operations on or after May 8, 1982, of that employer’s duties and rights. (4) DEFINITION. In this section, “routinely exposed to any toxic substance” means exposure of at least 30 days per year at exposure levels exceeding 50 percent of the permissible exposure level established by the federal occupational safety and health administration, or any exposure exceeding 100 percent of the permissible exposure level, regardless of the exposure period. (5) PROGRAM CONTENTS. (a) Toxic substances and infectious agents. For each toxic substance or infectious agent to which the employee may be routinely exposed, the education or training program shall include: 1. a. For a toxic substance, the trade name, generic or chemical name and any commonly used synonym for the toxic substance and the trade name, generic or chemical name and any commonly used synonym for its major components. b. For an infectious agent, its name and any commonly used synonym. 2. The location of the toxic substance or infectious agent. 3. Any symptom of acute or chronic effect of overexposure to the toxic substance or infectious agent. 4. For a toxic substance, the potential for flammability, explosion and reactivity. 5. Proper conditions for safe use of and exposure to the toxic substance or infectious agent. 6. Special precautions to be taken and personal protective equipment to be worn or used, if any, when handling or coming into contact with the toxic substance or infectious agent. 7. Procedures for handling, cleanup and disposal of toxic substances or infectious agents leaked or spilled. (b) Toxic substances and infectious agents; exception. In an area where employees usually work with a large number of toxic substances or infectious agents which are received in packages of one kilogram or less and no more than 10 kilograms of which are used or purchased per year, the employer may provide a general education or training program in lieu of the education or training program described in par. (a). The general training program shall be provided prior to an employee’s initial assignment to the area and shall include: 1. The information specified in par. (a) 1. and 2. 2. The nature of the hazards posed by the toxic substances or infectious agents or both. 3. General precautions to be taken when handling or coming into contact with the toxic substances or infectious agents. (c) Pesticides. For each pesticide to which the employee may be routinely exposed the education or training program shall include: 1. The trade name, generic or chemical name and any commonly used synonym for the pesticide and the trade name, generic or chemical name and any commonly used synonym for its major ingredients. 2. The location of the pesticide and the location where it is used. 3. Any symptom of acute or chronic effect of overexposure to the pesticide. 4. Proper conditions for safe use of and exposure to the pesticide. 5. Special precautions to be taken and personal protective equipment to be worn or used, if any, when handling or coming into contact with the pesticide. 6. Procedures for handling, cleanup and disposal of leaks or spills of the pesticide.
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