101.58 Employees’ right to know.

537 words·~2 min read·/wi/chapter-101/101-58

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Short title. Sections 101.58 to 101.599 shall be known as the “Employees’ Right to Know Law”.

(2)Definitions. In ss. 101.58 to 101.599 :

(a)“Agricultural employer” means any person, including the state and its political subdivisions, who engages the services of any employee to perform agricultural labor. If any employee is present at the workplace of an agricultural employer under an agreement between that agricultural employer and another agricultural employer or employer, “agricultural employer” means the agricultural employer with control or custody of a pesticide. An agricultural employer who engages some employees to perform agricultural labor and other employees for other purposes is only an agricultural employer with respect to the employees engaged to perform agricultural labor.

(b)“Agricultural labor” has the meaning provided in s. 108.02

(2).

(c)“Employee” means any person whose services are currently or were formerly engaged by an employer or an agricultural employer, or any applicant at the time an employer or agricultural employer offers to engage his or her services.

(d)“Employee representative” means an individual or organization to whom an employee gives written authorization to exercise his or her rights to request information under s. 101.583 , 101.585 or 101.586 , a parent of a minor employee or a recognized or certified collective bargaining agent.

(e)“Employer” means any person, except an agricultural employer, with control or custody of any employment or workplace who engages the services of any employee. “Employer” includes the state and its political subdivisions. If any employee is present at the workplace of an employer under an agreement between that employer and another employer or agricultural employer, “employer” means the employer with control or custody of a toxic substance or infectious agent. An employer who engages some employees to perform agricultural labor and other employees for other purposes is only considered an employer with respect to the employees engaged for other purposes.

(f)“Infectious agent” means a bacterial, mycoplasmal, fungal, parasitic or viral agent identified by the department by rule as causing illness in humans or human fetuses or both, which is introduced by an employer to be used, studied or produced in the workplace. “Infectious agent” does not include such an agent in or on the body of a person who is present in the workplace for diagnosis or treatment.

(g)“Legal holiday” has the meaning provided in s. 995.20 .

(h)“Overexposure” means any chronic or acute exposure to a toxic substance or infectious agent which results in illness or injury.

(i)“Pesticide” means any substance or mixture of substances which is registered with the federal environmental protection agency under 7 USC 136 to 136y or the department of agriculture, trade and consumer protection under ch. 94 , and which is labeled, designed or intended to prevent, destroy, repel or mitigate any pest or as a plant regulator, defoliant or desiccant.

1. “Toxic substance” means any substance or mixture containing a substance regulated by the federal occupational safety and health administration under title 29 of the code of federal regulations part 1910, subpart z, which is introduced by an employer to be used, studied or produced in the workplace.

2. “Toxic substance” does not include: