Title 50, Title 50

(1) (a) It is unlawful for a person to operate any crane and hoist equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's load chart rating of 6 tons or more or to operate a tower crane of any capacity without first obtaining a license from …

(1) Application for licenses must be made to the department and submitted with the appropriate fee that is set commensurate with the cost of administering this program, to be deposited in the state special revenue fund for use by the department. (2) The department shall determine…

A license granted under this chapter entitles the holder to operate any of the machinery named in 50-76-102 and 50-76-103, and the license shall specify that machinery, but no license issued shall authorize or qualify the person to whom issued to operate a boiler, steam engine, s…

A person who has applied for a license under this chapter and has been rejected may renew the application for a license within the time and in the manner prescribed in 50-74-312.

(1) A person who operates a crane, hoist, or other equipment described in 50-76-102 or 50-76-103 for which a crane and hoist engineer's license is required without first obtaining a license, and every owner, employer, or manager of the crane, hoist, or other equipment who permits…

(1) The department shall employ at least one crane inspector. A crane inspector must have a minimum of 3 years of experience as a licensed third-class crane and hoist engineer. (2) The department may adopt by rule applicable operating and safety standards established by the Ameri…

As used in this part, the following definitions apply: (1) "Crane" means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally. (2) "Department" means the department of labor and industr…

(1) The department may adopt rules consistent with the purposes of this chapter for the administration of the following classes of crane and hoist operators: (a) crane and hoist oiler; (b) crane and hoist hoisting; (c) crane and hoist hydraulic; (d) crane gantry and trolley; (e) …

(1) The department shall issue a first-class or second-class crane and hoist engineer's license to any individual who is certified by the national commission for the certification of crane operators or any other similar certifying organization that has been approved by the depart…

(1) A person may not operate any equipment covered by licensure under this chapter unless the person has possession of the license or proof of licensure at the time the person is operating the equipment. (2) The department shall issue a citation to any person violating the provis…

(1) As used in this part, "scaffold" or "scaffolding" means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. The term includes a ladder or other equipment that is the exclusive route of access…

(1) It is the duty of an owner, person, or corporation that has the direct and immediate supervision or control of the construction or remodeling of any building having more than three framed floors, whether some or all of the floors are above or below the established street grad…

In buildings more than three stories high where persons are working on a scaffold or scaffolds on the outside of such buildings, such persons shall be protected by well secured planking set over the heads of such persons for the full width of the scaffolding on which they are wor…

It shall be the duty of all owners, contractors, builders, or persons having the direct and immediate control or supervision of any buildings in course of erection, which shall be more than 30 feet high, to see that all stairways, elevator openings, flues, and all other openings …

Wherever such building or buildings over three stories high, other than a residence, are being erected in any city or town, temporary toilets in or convenient to such building shall be maintained for the convenience of the employees.

Any person violating any of the provisions of the foregoing sections shall be fined not less than $100 or more than $200 for each offense.

This chapter may be known and cited as the "Employee and Community Hazardous Chemical Information Act".

As used in this chapter, the following definitions apply: (1) "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. (2) "Chem…

(1) The provisions of this chapter do not apply to: (a) any consumer product intended for personal consumption or use by an employee; (b) any retail food sale establishment or other retail trade establishment, exclusive of processing and repair areas; (c) a food, drug, or cosmeti…

Any employer complying with the provisions of the OSHA standard, whether or not that employer is regulated by the OSHA standard, is exempt from the provisions of this chapter, except for 50-78-204 and 50-78-301.

Employers shall post adequate notice at locations where notices are normally posted informing employees about their rights under this chapter.

(1) Each employer shall compile and maintain a workplace chemical list. Except as provided in 50-78-205, the workplace chemical list must contain the chemical name of each hazardous chemical in the workplace, cross-referenced to any generally used common name. For chemical mixtur…

(1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical. (2) Each employer shall maintain the most current material safety data sheet for each ha…

(1) An employee who may be exposed to hazardous chemicals must be informed of the potential or actual exposure and must be provided access to the workplace chemical list and to the material safety data sheet for each hazardous chemical. An employer who does not provide an employe…

(1) An employer who believes that the name of a hazardous chemical is a trade secret may withhold the chemical name from the material safety data sheet and workplace chemical list only if: (a) a material safety data sheet, coded to an identifying notation on each container of the…

(1) An employer or distributor may not remove or deface any existing label on a container of a hazardous chemical, except that the chemical name may be concealed under trade secret protection as provided in 50-78-205. (2) Any portable container intended for an immediate transfer …

(1) An employer shall comply with the provisions of the federal Emergency Planning and Community Right-to-Know Act of 1986 or be subject to the enforcement provisions thereof. (2) The local fire chief must be permitted onsite inspection of hazardous chemicals in any workplace, in…

(1) Each employer shall provide, at least annually, an education and training program for all of the employer's employees using or handling hazardous chemicals. Additional instruction must be provided whenever the potential for exposure to hazardous chemicals is altered or whenev…

(1) The department may develop and provide to any employer a suitable form of notice to inform employees of their rights under this chapter. (2) The department may develop an education and training program to assist employers in complying with the provisions of 50-78-204. (3) The…

The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals, nor does it affect the employer's responsibility to take any action to prevent t…

(1) An employee in a workplace covered by the OSHA standard who believes the employer is not complying with the provisions of the OSHA standard may report the alleged violation to the federal occupational safety and health administration. (2) An employee who believes an employer …

It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, to: (1) institute and maintain a regulatory program for sources of ionizing radiation so as to provide, for compatibility with the standards and regulatory prog…

It is the purpose of this chapter to provide a program: (1) of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety; (2) to promote an orderly regulatory pattern within the state, among the states, and between t…

The definitions used in this chapter are intended to be consistent with those used in 10 CFR 1-171 and 49 CFR 173.401 through 173.478, subpart I. Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Byproduct material" means: (a) any radio…

(1) This chapter does not apply to the following sources or conditions: (a) electrical equipment that is not intended primarily to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than one-tenth t…

Ordinances, resolutions, or regulations now or hereafter in effect of the governing body of a municipality or county relating to byproduct, source, and special nuclear materials shall not be superseded by this chapter, provided that such ordinances or regulations are and shall co…

A report of investigation or inspection or processes obtained under this chapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the department.

The department or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the department, other than a private dwelling, for the purpose of determining whether or not there is complia…

(1) The department, on behalf of the state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies whereby this state shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, insp…

(1) The department is the state radiation control agency. (2) Under the laws of this state, the department may employ, compensate, and prescribe the powers and duties of the individuals that are necessary to carry out this chapter. (3) The department may, subject to the provision…

(1) The department may provide by rule for general or specific licensing of persons to receive, possess, or transfer radioactive materials and devices or equipment utilizing such materials. The rules shall provide for amendment, suspension, or revocation of licenses pursuant to 5…

(1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this stat…

(1) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require, subject to such exemptions as may be prov…

Notwithstanding the definition in 50-79-103, as used in this part "person" means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity.

(1) No person may dispose of large quantity radioactive material, byproduct material, or special nuclear material within the state of Montana. (2) Byproduct material (except large quantity radioactive material) possessed, used, and transported for educational purposes, scientific…

A person who knowingly or purposely disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined an amount not more than $5,000 or be imprisoned for not more than two years, or both, for each offense. A person who …