Title 10 — Health and Safety

As used in this Chapter: (a) Commerce means any and all commerce within the territory of Guam and subject to the jurisdiction thereof and includes the operation of any business or service establishment; (b) Hazardous substance means (1)(A) any substance or mixture of substances w…

Exemptions; Judicial Review of Determinations. (a) Whenever in the judgment of the Director such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the Director may, by regulation, declare to be a hazardous substance for…

(a) The following acts and the causing thereof are prohibited: (1) The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the territory of Guam, or the introduction into this Territory from any other state, territory …

(a) Any person who violates any of the provisions of § 32103(a) shall be guilty of a misdemeanor; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the person shall be guilty of a third degree felony. (b) No person shall be subje…

The Director may apply to the Superior Court for, and such Court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of § 32103(a), irrespective of whether or not there exists a…

(a) Whenever the Director finds or has probable cause to believe that any hazardous household substance is misbranded or is a banned hazardous substance, he shall affix to such article a tag or other appropriate marking giving notice that such article is or is suspected of being …

The Attorney General shall, upon referral by the Director, prosecute a violation of this Chapter. Before any violation of this Chapter is reported to the Territorial Prosecutor, the alleged offender shall be given appropriate notice and a hearing before the Director, either orall…

(a) The Director shall adopt and promulgate regulations under this Chapter in conformance with the regulations established pursuant to the Federal Hazardous Substances Act. Such regulations adopted and promulgated by the Director shall not conflict with those regulations adopted …

(a) For the purpose of this Chapter, officers or employees duly designated by the Director, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse or establishment in which hazard…

For the purpose of enforcing the provisions of this Chapter carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substance so received shall, upon the request of the Director, permit such officer or employee, at reasonable…

(a) The Director may publish from time to time reports summarizing any judgments, decrees or court orders which have been rendered under this Chapter. (b) The Director may disseminate information regarding hazardous substances in situations involving, in the opinion of the Direct…

(a) The Department shall provide testing to any person who requests such tests for hazardous substances defined by Section 32101(b)(4) of this Chapter. The fee for such testing shall be set by the Department pursuant to the provisions of the Administrative Adjudication Law. (b) T…

Liability Insurance Coverage. The government of Guam shall procure liability insurance coverage for hazardous substances defined by Section 32101(b)(4) of this Chapter to insure itself against claims for injury, disability and death arising under the provisions of this Chapter. T…

Apparent. (a) On a finding by the Commission that the government of Guam or any of its employees, officers or agents was negligent in the handling, storage, management, generation, disposal or transportation of hazardous substances defined by Section 32101(b)(4) of this Chapter, …

Within thirty (30) days of exposure, a person must report such exposure to the Commission in order to be eligible for compensation under this Chapter. SOURCE: Added by P.L. 20-110:4.

Nothing within this Chapter shall be construed to qualify any person for benefits under the Worker's Compensation Law. SOURCE: Added by P.L. 20-110:4

[Repealed] SOURCE: Added by P.L. 20-110:4. NOTE: P.L. 23-128:IV:19 repeals the Hazardous Substance Fund and provides for A... any and all remaining balances are reverted to the General Fund. All revenue previously earmarked into this Fund shall continue to be collected and credit…

If any of the provisions of this Chapter, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect any other provisions or application of this Chapter which can be given effect without the invalid provision or application, and t…

Every agency shall report incidents of exposure to hazardous substances defined by Section 32101(b)(4) of this Chapter to the Department within ten (10) days. The Department shall compile and maintain statistics of injuries and deaths attributed to said hazardous substances. The …

Any government of Guam employee who, in the line and scope of his or her employment: (a) Is required to enter a site where a suspected hazardous substance exposure, as defined by § 32101(b)(4) of this Chapter, has occurred, either to make inspection, investigation or assist in se…