Terms Used In Montana Code > Title 50 > Chapter 78 - Employee and Community Hazardous Chemical Information Act

• Chemical manufacturer: means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution. See Montana Code 50-78-102
• 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 or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation. See Montana Code 50-78-102
• 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. See Montana Code 50-78-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the department of environmental quality provided for in Title 2, chapter 15, part 35. See Montana Code 50-78-102
• Designated representative: means :

  (a)the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or

  (b)a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization. See Montana Code 50-78-102

• Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
• Employee: means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies. See Montana Code 50-78-102
• Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exposure: means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure. See Montana Code 50-78-102
• Hazardous chemical: means , except as provided in 50-78-103:

  (a)any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

  (b)any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

  (c)any emitter of ionizing radiation. See Montana Code 50-78-102

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Label: means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. See Montana Code 50-78-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local fire chief: means the chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee. See Montana Code 50-78-102
• Material safety data sheet: means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information. See Montana Code 50-78-102
• OSHA standard: means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 C. See Montana Code 50-78-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Trade secret: means a confidential formula, pattern, process, device, or 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. See Montana Code 50-78-102
• Work area: means a room or defined space in a workplace where hazardous chemicals are produced, used, or stored and where employees are present. See Montana Code 50-78-102
• Workplace: means an establishment at one geographical location containing one or more work areas. See Montana Code 50-78-102
• Workplace chemical list: means the list of hazardous chemicals developed under subsection (e)(1)(i) of the OSHA standard or under this chapter. See Montana Code 50-78-102
• Writing: includes printing. See Montana Code 1-1-203