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91_HB4455
LRB9112013WHcs
1 AN ACT to amend the Toxic Substances Disclosure to
2 Employees Act by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Toxic Substances Disclosure to Employees
6 Act is amended by changing Section 3 as follows:
7 (820 ILCS 255/3) (from Ch. 48, par. 1403)
8 Sec. 3. Definitions. As used in this Act:
9 (a) "Chemical name" means the scientific designation of
10 a chemical in accordance with the nomenclature system
11 developed by the International Union of Pure and Applied
12 Chemistry (IUPAC), or the Chemical Abstracts Service
13 (CAS) rules of nomenclature, or a name which will clearly
14 identify the chemical for hazard evaluation purposes.
15 (b) "Department" means the Illinois Department of Labor.
16 (c) "Container" means any bag, barrel, box, can,
17 cylinder, drum, pipe, piping system or the like that contains
18 a toxic substance.
19 (d) "Director" means the Director of the Illinois
20 Department of Labor.
21 (e) "Employee" means any person employed by an employer
22 on or after the effective date of this Act, except domestic
23 workers or casual laborers. For purposes of this Act, any
24 person whose employment is terminated for any reason after
25 the effective date of this Act is an employee.
26 Services performed by an individual for an employing
27 unit, whether or not the individual employs others in
28 connection with the performance of the services, shall be
29 deemed to be employment unless and until it is proven in any
30 proceeding in which the issue is involved that:
31 (1) the individual has been and will continue to be
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1 free from control or direction over the performance of
2 the services, both under his or her contract of service
3 and in fact;
4 (2) the services are either outside the usual
5 course of the business for which the services are
6 performed or the services are performed outside of all
7 the places of business of the enterprise for which the
8 services are performed; and
9 (3) the individual is engaged in an independently
10 established trade, occupation, profession, or business.
11 (f) "Employer" means any individual, partnership,
12 corporation or association including the State and all of its
13 political subdivisions, engaged in a business which has 20 or
14 more employees or 5 or more full-time employees in the State.
15 The term "employer" does not include an employer of domestic
16 workers or casual laborers employed at a place of residence.
17 Where the employees are present at the workplace of another
18 employer, pursuant to an agreement between the employers,
19 "employer" means the employer having control of the toxic
20 substances in the workplace.
21 (g) "Employee representative" means an individual or
22 labor organization to whom an employee gives written
23 authorization to exercise his or her rights to request
24 information under Sections 8 and 9 of this Act. A recognized
25 or certified collective bargaining agent of a group of
26 employees shall be considered to be an employee
27 representative with respect to those employees without
28 written employee authorization.
29 (h) "Hazard Warning" means any words, pictures, symbols,
30 or combination thereof which convey the hazards of the toxic
31 substances in the container.
32 (i) "Health professional" means a safety engineer
33 employed by an employer to evaluate hazards or a physician,
34 dentist, toxicologist, registered nurse, licensed practical
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1 nurse or industrial hygienist.
2 (j) "Material safety data sheet" means a document
3 describing the properties and methods of safe handling and
4 use of a substance, compound or mixture. A material safety
5 data sheet shall contain the following information with
6 respect to the substance, compound or mixture unless
7 otherwise provided by this Act:
8 (1) The chemical name, common names, trade name and
9 the identity used on the label, except as otherwise
10 provided by Section 13.
11 (2) Physical and chemical characteristics,
12 including vapor pressure and flash point.
13 (3) Physical hazards, including the potential for
14 fire, explosion or reactivity.
15 (4) Known acute and chronic health effects of
16 exposure, including signs and symptoms of exposure based
17 on substantial scientific evidence. Information contained
18 in Appendix B of the federal Occupational Safety and
19 Health Administration's Hazard Communication Notice of
20 Proposed Rulemaking, 47 Federal Register 12001; March 19,
21 1982, shall be considered scientific evidence for
22 purposes of this paragraph.
23 (5) The known primary route of exposure.
24 (6) The permissible exposure limit for those toxic
25 substances for which the federal Occupational Safety and
26 Health Administration has promulgated a permissible
27 exposure limit.
28 (7) Precautions for safe handling and use.
29 (8) Recommended engineering controls.
30 (9) Recommended work practices.
31 (10) Recommended personal protective equipment.
32 (11) Emergency and first aid procedures and
33 procedures for cleanup of leaks or spills.
34 (12) The date of preparation of the material safety
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1 data sheet and of any changes to it.
2 (13) The name, address and telephone number of the
3 employer, manufacturer, importer or supplier preparing
4 the material safety data sheet.
5 (k) "Mixing/loading site" means a work area where
6 pesticide products are transferred to containers and combined
7 with diluents as provided by label instructions to form
8 use-dilutions for application to a site for the purpose of
9 effecting pest control.
10 (l) "Mixture" means any combination of two or more
11 substances if the combination is not, in whole or part, the
12 result of a chemical reaction.
13 (m) "Toxic substance" means any substance, mixture or
14 compound containing a substance which is determined as being
15 hazardous as defined in 29 C.F.R. 1910.1200.
16 (n) "Trade secret" means the whole or any portion or
17 phase of any scientific or technical information, design,
18 process, procedure, formula or improvement or business plan
19 which is secret in that it has not been published or
20 disseminated or otherwise become a matter of general public
21 knowledge, and which has competitive value. A trade secret is
22 presumed to be secret when the owner thereof takes reasonable
23 measures to prevent it from becoming available to persons
24 other than those selected by the owner to have access thereto
25 for limited purposes.
26 (o) "Work area" means a room or defined space where
27 toxic substances are produced, used or stored and where
28 employees are present.
29 (p) "Workplace" means an employer's usual place of
30 business containing one or more work areas.
31 (Source: P.A. 89-696, eff. 6-1-97.)