Employee Right to Know About Toxic Chemicals in the Workplace Law

Overview

The law allows employees to request information about toxic substances, infectious agents, or pesticides and to refuse to work with those substances until the information is provided, except in circumstances where the manufacturer or supplier of the substance has not provided it to the employer.

The employee may file a complaint with the Wisconsin Department of Safety and Professional Services within 30 days after the violation occurs or when the employee or employee's representative first obtains knowledge of the violation.

Retaliation Unlawful

The employee right under this law is not to work with a toxic substance, infectious agent or pesticide, except as provided in §§ 101.589(3) and 101.592, if an employee has requested information regarding one of the substances and has not received the information required to be provided under §§ 101.583, 101.585, 101.586 or 101.589 (1) or (2), the employee may refuse to work with or be exposed to the toxic substance, infectious agent or pesticide until such time as the employer or agricultural employer supplies the information to the employee who has made the request. The employer cannot discharge or retaliate against any employee for exercising their rights under this law.

If the employer discharges or retaliates against an employee for refusing to work with a substance before receiving required information, the employee may file a retaliation complaint with the Equal Rights Division within 300 days of the violation.

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