As used in the Occupational Health and Safety Act:

A. "person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency or any other legal entity or their legal representatives, agents or assigns;

B. "employee" means an individual who is employed by an employer, but does not include a domestic employee or a volunteer nonsalaried firefighter;

C. "employer" means any person who has one or more employees, but does not include the United States;

D. "board" means the environmental improvement board;

E. "department" means the department of environment;

F. "place of employment" means any place, area or environment in or about which an employee is required or permitted to work;

G. "commission" means the occupational health and safety review commission established under the Occupational Health and Safety Act;

H. "chemical" means any element, chemical compound or mixture of elements or compounds;

I. "hazardous chemical" means any chemical or combination of chemicals that has been labeled hazardous by the chemical manufacturer, importer or distributor in accordance with regulations promulgated by the federal Occupational Safety and Health Act of 1970;

J. "label" means any written, printed or graphic material displayed on or affixed to containers of chemicals which identifies the chemical as hazardous;

K. "material safety data sheet" means written or printed material concerning a hazardous chemical that contains information on the identity listed on the label, the chemical and common names of the hazardous ingredients, the physical and health hazards, the primary route of entry, the exposure limits, any generally applicable control measures, any emergency or first aid procedures, the date of preparation and the name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet;

L. "mobile work site" means any place of employment in standard industrial classification codes 13, oil and gas extraction, and 15 through 17, construction, where work is performed in a different location than the principal office in a fixed location used by the employer; and

M. "secretary" means the secretary of environment.

History: 1953 Comp., § 59-14-3, enacted by Laws 1972, ch. 63, § 3; 1975, ch. 290, § 2; 1977, ch. 253, § 65; 1985, ch. 111, § 1; 1987, ch. 178, § 2; 1993, ch. 322, § 3.

Cross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq.

The 1993 amendment, effective April 8, 1993, deleted former Subsection E, which defined "agency" or "division"; redesignated former Subsections F to M as Subsections E to L; substituted the definition of "department" in current Subsection E for " 'director' means the director of the environmental improvement division"; added current Subsection M; and made minor stylistic changes in Subsections I and K.

The 1987 amendment, effective April 1, 1988, added Subsections I through M.

Prison inmates not "employees". — Notwithstanding the fact that prison industries must comply with occupational health and safety standards, inmates engaged in prison operated industries or enterprises are not "employees" of the penitentiary for purposes of filing an occupational health and safety complaint with the environmental improvement division. 1981 Op. Att'y Gen. No. 81-23.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is "employer" for purposes of Occupational Safety and Health Act (29 U.S.C.S. § 651 et seq.), 27 A.L.R. Fed. 943 and 153 A.L.R. Fed. 303.

When has employer "repeatedly" violated Occupational Safety and Health Act within meaning of § 17(a) of Act (29 USCA § 666(a)), 151 A.L.R. Fed. 1

What constitutes "willful" violation for purposes of §§ 17(a) or (e) of Occupational Safety and Health Act of 1970 (29 U.S.C.A. § 666(a) or § 666(e)), 161 A.L.R. Fed. 561.