Section 303.05. Exemptions under the right-to-know law.

 

(1)   Definitions. In this section:

(a) "Employee" means any person as defined in s. 101.58 (2) (c) , Stats.

(b) "Employee representative" means any individual or organization as defined in s. 101.58 (2) (d) , Stats.

(c) "Employer" means any person as defined in s. 101.58 (2) (e) , Stats.

(2)   Petitions.

(a) Pursuant to s. 101.598 (2) , Stats., an employer may petition the division for an exemption from retaining a data sheet or maintaining an identification list as specified in s. 101.583 (1) , Stats., regarding any mixture containing a toxic substance.

(b) A petition for the exemption shall be in writing.

(c) The petition shall be accompanied by the appropriate information and documentation indicating:

1. That the nature of the toxic substance or the quantity of the toxic substance present in the mixture is such that the mixture is highly unlikely to pose an unreasonable acute or chronic health hazard to an employee who works with or is likely to be exposed to the mixture; and

2. The specific conditions and procedures under which the mixture is to be used if the exemption is granted.

(d) An employer requesting an exemption shall provide a copy of the petition to the appropriate employee representative and shall post a statement at the place where notices to employees are normally posted. The posted statement shall summarize the petition, specify a place where employees may examine it and inform employees of their right to request a hearing on it. Employees shall have 15 business days to request a hearing.

(3)   Division action.

(a) Upon receipt of a petition for exemption, the applicable fee and any other documents the employer may wish to submit, the division shall evaluate the petition and determine if the exemption may be granted.

(b) If additional information is needed by the division to review the petition in order to make a determination, the division shall notify the employer in writing of the specific information required.

(c) Upon receipt of a written request for a hearing from the employer, an affected employee or employee representative, the division shall schedule a hearing on the petition and inform the interested parties in writing about the date, time and place for the hearing. If a hearing has been requested, the division shall not act on the petition for exemption until the hearing has been held. The division shall hold the hearing within 30 business days from receipt of the request, unless the person requesting the hearing asks for an extension.

(d) The division shall review and make a determination on a petition for exemption within 60 business days, but no sooner than 15 business days, after receipt of the petition and any additional information which may be required by the division or after a hearing is held in accordance with par. (c) .

(e) The division shall notify the employer and any interested parties as to the determination of the petition.

(f) The division may grant the petition for exemption subject to specific conditions.

(g) A denial of the exemption shall include the reason for the denial and information on the appeals procedure.

(h) If the petition for exemption is granted, the employer shall post a statement at the place where notices to employees are normally posted. The posted notice shall summarize the exemption and the specific conditions under which the exemption is granted and inform employees of their right to appeal the exemption.

(4)   Revocation. The division may revoke an exemption when it is determined that the exemption was obtained through fraud or deceit, where the employer has violated the specific conditions of the exemption or new information repudiates the original information on which the exemption was granted.

History: Cr. Register, November, 1988, No. 395 , eff. 12-1-88; am. (2) (a), (b), (3) (a) to (f) and (4), Register, September, 2000, No. 537 , eff. 10-1-00.

Note

Petitions for exemption should be sent to the Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658. Microsoft Windows NT 6.1.7601 Service Pack 1