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SENATE BILL NO. 21
INTRODUCED BY D. SHEA
BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
AN ACT TRANSFERRING THE RESPONSIBILITIES UNDER THE OCCUPATIONAL HEALTH ACT OF MONTANA FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE DEPARTMENT OF LABOR AND INDUSTRY; MAKING CERTAIN MANDATORY FUNCTIONS PERMISSIVE; CLARIFYING THAT ADMINISTRATIVE RULEMAKING AND CONTESTED CASE HEARINGS ARE PURSUANT TO THE MONTANA ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTIONS 50-70-103, 50-70-105, AND 50-70-111, MCA; REPEALING SECTION 50-70-110, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-70-103, MCA, is amended to read:
"50-70-103. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Air contaminant" means fumes, dust, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.
(2) "Board" means the board of environmental review provided for in 2-15-3502. (3)(2) "Department" means the department of environmental quality labor and industry provided for in 2-15-3501
2-15-1701. (4)(3) "Emission" means a release into the work space atmosphere of air contaminants or pollutants. (5)(4) "Occupational disease" means an illness, impairment, or disability that:
(a) arises from the person's employment;
(b) is caused by exposure to a substance or industrial practice that is hazardous to health;
(c) has symptoms of an industrial disease that is known to have resulted from the same type of exposure in other cases;
(d) is not the result of a person's contact or activities outside the person's employment.
(6)(5) "Occupational health" is a field of specialization concerned with the problems of health maintenance, productivity,
and well-being of industrial workers that are related to and affected by the conditions of work and by the stress of the
industrial environment. (7)(6) "Person" means an individual, partnership, firm, association, municipality, public or private corporation,
subdivision or agency of the state, trust, estate, or any other legal entity. (8)(7) "Pollutant" means air contaminants, heat, noise, vibration, ionizing radiation, and nonionizing radiation. (9)(8) "Sanitary facilities" means toilets, showers, dressing rooms, lunchrooms, sewage disposal systems, and potable
water systems. (10)(9) "Threshold limit values" means airborne concentrations of substances that, it is believed, nearly all workers may
be repeatedly exposed to day after day without adverse effect. (11)(10) "Worker" is a person gainfully employed at any place. (12)(11) "Workplace" is a place or location where a person is gainfully employed."
Section 2. Section 50-70-105, MCA, is amended to read:
Duties Authority of department -- rules. The department shall may:
(1) enforce orders by appropriate administrative and judicial proceedings;
(2) secure necessary scientific, technical, administrative, and operational service by contract or otherwise;
(3) prepare and develop a comprehensive plan for the prevention, abatement, and control of occupational disease;
(4) encourage voluntary cooperation by persons and affected groups to achieve the purpose of this chapter;
(5) encourage and conduct studies, investigations, and research relating to occupational diseases and their causes, effects, prevention, abatement, and control;
(6) determine by means of field studies and sampling the degree of health hazard at any workplace in the state;
(7) collect and disseminate information and conduct educational and training programs relating to the prevention and control of occupational diseases;
(8) advise, consult, contract, and cooperate with other agencies of the state, local governments, industries, other states, interstate and interlocal agencies, the United States, and interested persons or groups;
(9) accept, receive, and administer grants or other funds or gifts from public or private agencies, including the United States, for the purpose of carrying out this chapter. Funds received by the department under this section must be deposited in the state treasury to the account of the department.
(10) adopt, amend, and repeal rules implementing and consistent with this chapter;
(11) hold hearings that relate to any aspect of or matter in the administration of this chapter at any place designated by the department;
(12) designate an attorney to assist in conducting hearings and appoint a reporter who must be present at all hearings and who shall take full stenographic notes of all proceedings, transcripts of which are available to the public at cost;
(13) issue orders necessary to carry out this chapter;
(14) require access to records relating to emissions;
(15) establish threshold limit values of airborne contaminants for the state as a whole."
Section 3. Section 50-70-111, MCA, is amended to read:
"50-70-111. Hearings. (1) A rule, amendment, or repeal may not take effect except
after public hearing on due notice.
The notice must be given by public advertisement not less than 20 or more than 30 days prior to the date set for the hearing
as provided by the Montana Administrative Procedure Act.
(2) This section does not require a hearing prior to the issuance of an emergency order pursuant to 50-70-117.
(a) Any person aggrieved by any order of the department may apply for rehearing upon one or more of the
following grounds and upon no other grounds: (i) The department acted without or in excess of its powers. (ii) The order was procured by fraud. (iii) The order is contrary to the evidence. (iv) The applicant has discovered new evidence material to the applicant that the applicant could not, with reasonable
diligence, have discovered and produced at the hearing. (v) Competent evidence was excluded to the prejudice of the applicant. (b) The petition must be in a form and filed in the time that the department may prescribe request a contested case
hearing pursuant to the provisions of Title 2, chapter 4, part 6."
Section 4. Repealer. Section 50-70-110, MCA, is repealed.
Section 5. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 7. Effective date. [This act] is effective July 1, 1999.
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Latest Version of SB 21 (SB0021.ENR)
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