AN ACT Relating to worker and community right to know; adding new sections to chapter 49.70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The purpose of this chapter is to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated, and that information concerning their hazards is transmitted to affected employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets, and employee training.

(2) This occupational safety and health standard is intended to address comprehensively the issue of evaluating and communicating chemical hazards to employees.

NEW SECTION. Sec. 2. (1) This chapter requires chemical manufacturers or importers to assess the hazards of chemicals that they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which the employees are exposed, by means of a hazard communication program, labels, and other forms of warning, material safety data sheets, and information and training. In addition, this chapter requires distributors to transmit the required information to employers.

(2) This chapter applies to any chemical that is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.

(3) This chapter applies to laboratories only as follows:

(a) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;

(b) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees; and

(4) This chapter does not require labeling of the following chemicals:

(a) Any pesticide as such term is defined in the federal insecticide, fungicide, and rodenticide act, when subject to the labeling requirements of that act and labeling regulations issued under that act by the environmental protection agency;

(b) Any food, food additive, color additive, drug, or cosmetic, including materials intended for use as ingredients in such products such as flavors and fragrances, as such terms are defined in the federal food, drug, and cosmetic act and regulations issued under the act, when they are subject to the labeling requirements of that act and labeling regulations issued under that act by the food and drug administration;

(c) Any distilled spirits, wine, or malt beverages intended for nonindustrial use, as such terms are defined in the federal alcohol administration act and regulations issued under that act, when subject to the labeling requirements of that act and labeling regulations issued under that act by the bureau of alcohol, tobacco, and firearms; and

(d) Any consumer product or hazardous substance as those terms are defined in the consumer product safety act and federal hazardous substances act respectively, when subject to a consumer product safety standard or labeling requirement of those acts, or regulations issued under those acts by the consumer product safety commission.

(5) This chapter does not apply to:

(a) Any hazardous waste as such term is defined by the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, as amended when subject to regulations issued under that act by the environmental protection agency;

(b) Tobacco or tobacco products;

(d) Articles; and

(e) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace.

(f) Any hazardous chemical or substance while being transported, provided such transportation is subject to regulations issued by the United States department of transportation or the Washington utilities and transportation commission.

(6) Where there are two or more employers at the same workplace, each employer shall be solely responsible for his or her own employees.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Article" means a manufactured item:

(a) That is formed to a specific shape or design during manufacture;

(b) That has end use functions dependent in whole or in part upon its shape or design during end use; and

(2) "Chemical" means any element, chemical compound or mixture of elements and/or compounds.

(3) "Chemical manufacturer" means an employer in SIC Codes 20 through 39 having a workplace where chemicals are produced for use or distribution.

(4) "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules or nomenclature, or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation.

(5) "Common name" means any designation or identification such as code name, code number, trade name, brand name, or generic name used to identify a chemical other than by its chemical name.

(6) "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this chapter, pipes or piping systems are not considered to be containers.

(7) "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise that employee's rights under this chapter. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

(8) "Director" means the director of the department of labor and industries or the director's designee.

(9) "Distributor" means a business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to purchasers.

(10) "Employee" means a worker employed by an employer who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel, or nonresident management are included if their job performance routinely involves potential exposure to hazardous chemicals.

(11) "Employer" means a person engaged in a business where chemicals are either used or are produced for use or distribution, but does not include a person who employs fewer than four employees as agricultural laborers employed forty or more hours a week in such employment.

(12) "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.

(13) "Exposure or exposed" means an employee who is subjected to a hazardous chemical in the course of employment through any route of entry, such as inhalation, ingestion, skin contact, or absorption, and includes accidental or possible exposure.

(14) "Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:

(a) Using the Tagliabue closed tester (see American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979, ASTM D 56-79) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100°F (37.8°C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or

(b) Using the Pensky-Martens closed tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979, ASTM D 93-79) for liquids with a viscosity equal to or greater than 45 SUS at 100°F (37.8°C), or that contain suspended solids, or that have a tendency to form a surface film under test; or

(c) Using the Setaflash closed tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester, ASTM D 3278-78).

Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above.

(15) "Foreseeable emergency" means any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that could result in an uncontrolled release of a hazardous chemical into the workplace.

(16) "Hazardous chemical" means any chemical that is a physical hazard or a health hazard except consumer products packaged for distribution to, and used by, the general public, including any product used by an employer or the employer's employees in the same form, concentration, and manner as it is sold to consumers, and when used, to the employer's knowledge, such that employee exposure is not significantly greater than the consumer exposure occurring during principle consumer use of the product.

(17) "Hazard warning" means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazards of the chemicals in the containers.

(18) "Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents that act on the hematopoietic system, and agents that damage the lungs, skin, eyes, or mucous membranes.

(19) "Identity" means any chemical or common name which is indicated on the material safety data sheet for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label, and the MSDS.

(20) "Immediate use" means that the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.

(21) "Importer" means the first business with employees within Washington that receives hazardous chemicals produced in other states or countries, for the purpose of supplying them to distributors or purchasers within Washington.

(22) "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.

(23) "Material safety data sheet" means written or printed material concerning a hazardous chemical that is prepared in accordance with section 8 of this act.

(24) "Mixture" means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.

(25) "Produce" means to manufacture, process, formulate, or repackage.

(26) "Purchaser" means an employer with a workplace who purchases a hazardous chemical for use within that workplace.

(27) "Responsible party" means someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

(28) "Trade secret" means any confidential formula, pattern, process, device, or information or compilation of information, including chemical name or other unique chemical identifier, that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.

(29) "Unstable" or "reactive" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, or condense, or will become self-reactive under conditions of shocks, pressure, or temperature.

(30) "Use" means to package, handle, react, or transfer.

(31) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.

(32) "Workplace" means an establishment at one geographical location containing one or more work areas.

NEW SECTION. Sec. 4. (1) Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to determine if they are hazardous. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical to satisfy this requirement.

(2) Chemical manufacturers, importers, or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards. For health hazards, evidence that is statistically significant and that is based on at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section.

(3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed in them are hazardous:

(a) Substances regulated under the Washington industrial safety and health act, chapter 49.17 RCW; or

(b) Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition).

The chemical manufacturer, importer, or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of this standard.

(4) Chemical manufacturers, importers, and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes:

(a) National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition);

(b) International Agency for Research on Cancer (IARC) Monographs (latest editions); or

(5) The chemical manufacturer, importer, or employer shall determine the hazards of mixtures or chemicals as follows:

(a) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous;

(b) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture shall be assumed to present the same health hazards as do the components that comprise one percent, by weight or volume, or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen under the Washington industrial safety and health act;

(c) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and

(d) If the employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent, or in the case of carcinogens, less than 0.1 percent, could be released in concentrations that would exceed the Washington industrial safety and health act permissible exposure limit or the American Conference of Governmental Industrial Hygienists' threshold limit value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard.

(6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, and the director or the director's designee. The written description may be incorporated into the written hazard communication program required under the Washington industrial safety and health act.

NEW SECTION. Sec. 5. (1) Employers shall develop and implement a written hazard communication program for their workplaces that at least describes how the criteria specified in the Washington industrial safety and health act, chapter 49.17 RCW, for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and that also includes the following:

(a) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet, which list may be compiled for the workplace as a whole or for individual work areas;

(b) The methods the employer will use to inform employees of the hazards of nonroutine tasks, for example, the cleaning of reactor vessels, and the hazards associated with chemicals contained in unlabeled pipes in their work areas; and

(c) The methods the employer will use to inform any contractor employers with employees working at the employer's workplace of the hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures.

(2) The employer may rely on an existing hazard communication program to comply with these requirements, provided that the program meets the criteria established in this section.

(3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, and the director or the director's designee in accordance with the requirements of the Washington industrial safety and health act.

NEW SECTION. Sec. 6. (1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked with the following information:

(a) Identity of the hazardous chemical(s);

(b) Appropriate hazard warnings; and

(2) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner that does not conflict with the requirements of the Hazardous Materials Transportation Act and regulations issued under that act by the department of transportation.

(3) If the hazardous chemical is regulated by the Washington industrial safety and health act, chapter 49.17 RCW, in a substance-specific health standard, the chemical manufacturer, importer, distributor, or employer shall ensure that the labels or other forms of warning used are in accordance with the requirements of that standard.

(4) Except as provided in subsection (5) and (6) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information:

(a) Identity of the hazardous chemical(s) contained therein; and

(b) Appropriate hazard warnings.

(5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by subsection (4) of this section to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift.

(6) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and that are intended only for the immediate use of the employee who performs the transfer.

(7) The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.

(8) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

(9) The chemical manufacturer, importer, distributor, or employer need not affix new labels to comply with this section if existing labels already convey the required information.

NEW SECTION. Sec. 7. (1) The department, after consultation with the department of agriculture, shall develop a workplace survey in accordance with rules adopted under chapter 34.04 RCW. The workplace survey shall include a copy of the written hazard communication program required in section 5 of this act.

(2) The department shall transmit the workplace survey to each employer in the state no later than June 1, 1987. Employers shall complete the workplace survey and return it to the department within forty-five days except when an employer receives an extension from the department. The number of workplace surveys an employer must submit shall be in accordance with criteria developed by the department.

(3) For those employees who communicate primarily in a language other than English, employers shall make a reasonable effort to inform such employees of their rights under this chapter. When necessary or desirable, the department shall prepare and, upon request, make available to the employers and the public a translation of the workplace survey and each material safety data sheet. The department shall also prepare and make available, when necessary or desirable, translations of written material prepared by the department to inform employees of their rights under this chapter.

An employer shall ensure that all employees, regardless of any language barriers, are provided with a suitable education and training program required pursuant to section 9 of this act.

Every employer employing employees who have trouble communicating in English shall make reasonable efforts to post any notices in the employees' native language as provided by the department.

NEW SECTION. Sec. 8. (1) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet for each hazardous chemical they use.

(2) Each material safety data sheet shall contain at least the following information:

(a) The identity used on the label, and, except as provided for in section 11 of this act on trade secrets:

(i) If the hazardous chemical is a single substance, its chemical and common names;

(ii) If the hazardous chemical is a mixture that has been tested as a whole to determine its hazards, the chemical and common names of the ingredients that contribute to these known hazards, and the common names of the mixture itself; or

(iii) If the hazardous chemical is a mixture that has not been tested as a whole:

(A) The chemical and common names of all ingredients that have been determined to be health hazards, and that comprise one percent or greater of the composition, except that chemicals identified as carcinogens under the Washington industrial safety and health act, chapter 49.17 RCW, shall be listed if the concentrations are one-tenth of one percent or greater; and

(B) The chemical and common names of all ingredients that have been determined to present a physical hazard when present in the mixture;

(b) Physical and chemical characteristics of the hazardous chemical such as vapor pressure and flash point;

(d) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions that are generally recognized as being aggravated by exposure to the chemical;

(e) The primary routes of entry;

(f) The Washington industrial safety and health act permissible exposure limit, American conference of governmental industrial hygienists threshold limit value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet, where available;

(g) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by the Washington industrial safety and health act;

(h) Any generally applicable precautions for safe handling and use that are known to the chemical manufacturer, importer, or employer preparing the material safety data sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks;

(i) Any generally applicable control measures that are known to the chemical manufacturer, importer, or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment;

(j) Emergency and first aid procedures;

(k) The date of preparation of the material safety data sheet or the last change to it; and

(l) The name, address, and telephone number of the chemical manufacturer, importer, employer, or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

(3) If no relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer, or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found.

(4) Where complex mixtures have similar hazards and contents, that is, the chemical ingredients are essentially the same but the specific composition varies from mixture to mixture, the chemical manufacturer, importer, or employer may prepare one material safety data sheet to apply to all of these similar mixtures.

(5) The chemical manufacturer, importer, or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer, importer, or employer becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported, the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced into the workplace again.

(6) Chemical manufacturers or importers shall ensure that distributors and purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, and with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide material safety data sheets with the shipped containers or send them to the purchaser before or at the time of the shipment. If the material safety data sheet is not provided with the shipment, the purchaser shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible.

(7) Distributors shall ensure that material safety data sheets and updated information are provided to other distributors and purchasers of hazardous chemicals.

(8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas.

(9) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work areas.

(10) Material safety data sheets shall also be made readily available, upon request, to designated representatives and to the director or the director's designee.

(11) If a purchaser has not received a material safety data sheet within twenty calendar days after making a written request to the chemical manufacturer, importer, or distributor in accordance with subsection (6) of this section, the purchaser may make a written request for assistance to the Department of Labor and Industries. Such written request shall include:

(a) A copy of the purchaser's written request to the chemical manufacturer, importer, or distributor;

(b) The name of the product suspected of containing a hazardous chemical;

(d) A copy of the product label if available; and

(e) The name and address of the chemical manufacturer, importer, or distributor from whom the product was obtained.

Upon receipt of a written request for material safety data sheet, the department shall attempt to procure the material safety data sheet from the chemical manufacturer, importer, or distributor and upon procurement, shall forward a copy of the material safety data sheet at no cost to the purchaser.

NEW SECTION. Sec. 9. Employers shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced into their work area.

(1) Information. Employees shall be informed of:

(a) The requirements of this section;

(b) Any operations in their work area where hazardous chemicals are present; and

(c) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this section.

(2) Training. Employee training shall include at least:

(a) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area;

(b) The physical and health hazards of the chemicals in the work area;

(c) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and

(d) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information.

NEW SECTION. Sec. 10. (1) The department shall, upon request, transmit a copy of the workplace survey to the health department of the county in which the employer's facility is located, the local fire department, and the local police department.

(2) The department shall annually notify the association of Washington cities, the Washington state association of counties, and the Washington fire commissioners association of their rights under this chapter. These organizations shall inform their members of the information available to the members through the department.

NEW SECTION. Sec. 11. (1) The manufacturer, employer, or importer may make a trade secret claim to the department. Such a trade secret claim does not relieve the manufacturer or importer from the duty to provide the department with the material safety data sheet. The department shall, by rules adopted in accordance with chapter 34.04 RCW, establish criteria to determine whether the trade secret claim is warranted, and if warranted set forth procedures for the transmittal of information obtained on the material safety data sheet to the employer while providing protection for the trade secret. While the trade secret claim is under review, a manufacturer, employer, or importer may withhold the hazardous substance trade secret information from the label required by section 6 of this act, the workplace survey required by section 7 of this act, and the material safety data sheet required by section 8 of this act. The manufacturer or importer shall notify purchasers of trade secret claims made to the department. For any trade secret claim, the manufacturers or importers shall compensate the department for expenses incurred in evaluating the validity of that claim.

(2) If a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The manufacturer, importer, or employer may require a written statement of need and confidentiality agreement in accordance with provisions developed by the department.

(3) Any challenge to the denial of a trade secret claim shall be heard by an administrative law judge in accordance with chapter 34.04 RCW.

NEW SECTION. Sec. 12. (1) The department shall maintain a file of all completed workplace surveys and material safety data sheets received. The workplace surveys and material safety data sheets shall be retained by the department for thirty years.

(2) Copies of such records maintained on microfiche or microfilm shall be admissible evidence in any judicial or administrative proceeding.

(3) The department shall require employers who have hazardous substances present at their workplaces to update annually the workplace survey for the employer's workplace, unless the department determines that updating the workplace survey less frequently would accomplish the purposes of this chapter.

(4) The department shall require all employers to complete a workplace survey at least once every five years.

(5) Any person may request from the department a copy of a workplace survey for a workplace, together with the appropriate material safety data sheets. The department is the only public agency required to respond to these requests. The department shall keep a record of each request to be made available to health and law enforcement agencies. The record shall include the information released and the identification of the person or organization making the request. A "community right-to-know" state-wide toll-free telephone number shall be made available by the department to receive workplace survey and material safety data sheet requests. The department shall advise the employer when requests for information pertaining to his or her workplace have been made by persons or organizations other than (a) employees working for the employer, or (b) local health, fire, and law enforcement agencies. The department shall impose reasonable limits on requests made under this section and may establish reasonable fees to be charged for copies. Any request by an employee for material pertaining to the workplace where the employee is employed made pursuant to this subsection shall be treated by the department as confidential.

NEW SECTION. Sec. 13. Employers shall be in compliance with sections 1 through 13 of this act within the following time periods:

(1) Chemical manufacturers and importers shall label containers of hazardous chemicals leaving their workplaces, and provide material safety data sheets with initial shipments by November 25, 1985.

(2) Distributors shall be in compliance with all provisions of this chapter applicable to them by November 25, 1985.

(3) Employers shall be in compliance with all provisions of this chapter by May 25, 1986, including initial training for all current employees.

NEW SECTION. Sec. 14. Sections 1 through 13 of this act are each added to chapter 49.70 RCW.