Section 876. Notice requirements

Notice   to  employees  and  their
  representatives regarding toxic substances. 1. Every employer shall post
  a sign in every workplace at the location or locations where notices  to
  employees  are  normally  posted,  to  inform employees that they have a
  right to information from their employer regarding the toxic  substances
  found  in  the workplace and a description of the toxic effects of these
  substances and the circumstances under which these effects are produced.
    2. Until such time  as  the  commissioner  in  consultation  with  the
  commissioner  of  health  determines  that there is a federal program in
  effect  which  will  guarantee  substantially  similar   protection   to
  employees,  each  employer  shall  make  available  in  writing  to each
  employee,  and  if  so  requested  their  representatives,   information
  relating  to  all  toxic effects and the circumstances under which these
  effects are produced from the toxic substances to which the employee may
  be exposed in the course and scope of employment.
    3.  It  shall  be  the  responsibility  of  the  employer  to   obtain
  information relating to toxic substances from: the manufacturer; the New
  York  state  department  of health; the Federal Environmental Protection
  Agency's Chemical Substances Information Network; and the Health  Hazard
  Evaluation  Program of the National Institute of Occupational Safety and
  Health.
    4. Subject to the limitations  set  forth  in  section  eight  hundred
  seventy-seven  of  this article, any manufacturer, importer, producer or
  formulator of any toxic substance shipped or transported or sold for any
  use  within  the  state  must  provide,  upon  request,  the   following
  information:
    (a) the name or names of the toxic substance, including the generic or
  chemical name;
    (b) the trade name of the chemical and any other commonly used name;
    (c)  the  level at which exposure to the substance is determined to be
  hazardous, if known;
    (d) the acute and chronic effects of exposure at hazardous levels;
    (e) the symptoms of such effects;
    (f) the potential for flammability, explosion and reactivity  of  such
  substance;
    (g) appropriate emergency treatment;
    (h)  proper  conditions  for  safe  use  and  exposure  to  such toxic
  substance;
    (i)  procedures  for  cleanup  of  leaks  and  spills  of  such  toxic
  substance.
    5.  Whenever  an  employer  receives  new information concerning those
  subjects listed in subdivision four of this section,  whether  from  the
  manufacturer,  importer, producer or formulator or from state or federal
  agencies, such employer must make  such  new  information  available  to
  employees  and  if  so  requested, their representatives upon receipt of
  same.
    6.  Each  employer  shall  make  available  to  every   employee   the
  informational  leaflets  that  he  receives  about  the toxic substances
  information program pursuant to section forty-eight hundred four of  the
  public health law.
    7. Upon receipt of a request for information the employer must provide
  the requested information in writing within seventy-two hours, excluding
  weekends  and  public  holidays. If the information is not provided, the
  employee may not be required to work with the toxic substance until  the
  information is made available.
    8. 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  toxic  substances,  nor  shall  it

  affect  the  employer's responsibility to take any action to prevent the
  occurrence of occupational disease as required under any other provision
  of law. Further, it shall not affect any other duty or responsibility of
  a  manufacturer,  producer,  or  formulator  to warn ultimate users of a
  toxic substance pursuant to any other provisions of law.