Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 2401. Short title.
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§ 2401. Short title. This chapter shall be known and may be cited as the “Hazardous Chemical Information Act.”64 Del. Laws, c. 344, § 1;
16 Del. C. § 2402. Declaration of purpose.
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§ 2402. Declaration of purpose. The General Assembly finds that the health and safety of persons living and working in Delaware may be improved by providing access to information regarding hazardous chemicals to which they may be exposed either during their normal employment acti…
16 Del. C. § 2403. Definitions.
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§ 2403. Definitions. (a) “Chemical manufacturer” shall mean an employer in Standard Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution. (b) “Chemical name” shall mean the scientific designation of a chemical i…
16 Del. C. § 2404. Relationship to OSHA standard.
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§ 2404. Relationship to OSHA standard. (a) Manufacturing employers and distributors that are regulated by and complying with the OSHA standard shall be exempt from this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title. Manufacturing employers …
16 Del. C. § 2405. Notice to employees.
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§ 2405. Notice to employees. Employers shall post adequate notice, at locations where notices are normally posted, informing employees about their rights under this chapter. In the absence of a notice prepared by the Secretary pursuant to § 2413 of this title, an employer notice …
16 Del. C. § 2406. Workplace chemical list.
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§ 2406. Workplace chemical list. (a) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used or stored in the workplace in excess of 55 gallons or 500 lbs.: (1) The chemical name or the…
16 Del. C. § 2407. Material safety data sheets.
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§ 2407. Material safety data sheets. (a) Chemical manufacturers and distributors shall provide manufacturing and nonmanufacturing purchasers of hazardous chemicals in Delaware appropriate MSDSs for the hazardous chemicals purchased. (b) Employers shall maintain the most current M…
16 Del. C. § 2408. Hazardous chemical labels.
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§ 2408. Hazardous chemical labels. (a) Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced. (b) Employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the…
16 Del. C. § 2409. Emergency information.
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§ 2409. Emergency information. (a) Employers or manufacturing employers who normally store a hazardous chemical in excess of 55 gallons or 500 lbs. shall provide the fire chief of the fire department having jurisdiction over the workplace, in writing, the name(s) and telephone nu…
16 Del. C. § 2410. Employee education programs.
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§ 2410. Employee education programs. (a) Every employer shall provide, at least annually, an education and training program for employees using or handling hazardous chemicals. Additional instruction shall be provided whenever the potential for exposure to hazardous chemicals is …
16 Del. C. § 2411. Construction of chapter.
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§ 2411. Construction of chapter. The 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 hazardous chemicals, nor shall it affect the employer’s responsibi…
16 Del. C. § 2412. Powers of Secretary.
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§ 2412. Powers of Secretary. The Secretary may, in the manner provided by law, promulgate rules, regulations and administrative procedures reasonably necessary to carry out the purposes of this chapter.64 Del. Laws, c. 344, § 1;
16 Del. C. § 2413. Complaints; investigations; penalties.
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§ 2413. Complaints; investigations; penalties. (a) Complaints received in writing from employees or their designated representative, relating to alleged violations of this chapter by nonmanufacturing employers, shall be investigated in a timely manner by the Secretary or the Secr…
16 Del. C. § 2414. Outreach program.
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§ 2414. Outreach program. (a) The Secretary shall develop and provide each employer with a suitable form of notice providing employees with information regarding their rights under this chapter. (b) As part of the outreach program, the Secretary shall develop an education and tra…
16 Del. C. § 2415. Employee rights.
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§ 2415. Employee rights. (a) Employees that may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list and material safety data sheets for the hazardous chemicals. In addition, employees shall receive training on …
16 Del. C. § 2416. Protection of trade secrets.
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§ 2416. Protection of trade secrets. (a) An employer who believes that all or any part of the information required under §§ 2406, 2409(b) or 2409(d) of this title is a trade secret may withhold the information provided that: (1) Material safety data sheets are available to employ…
16 Del. C. § 2417. Exemptions.
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§ 2417. Exemptions. Notwithstanding any language to the contrary, this chapter shall not apply to chemicals in the following: (1) Any article which is formed to a specific shape or design during manufacture, which has end use function(s) dependent in whole or in part upon its sha…