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This entry was published on 2014-09-22
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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

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

(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

(g) appropriate emergency treatment;

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

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

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

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.