Ch. 59                             MARVIN MANDEL, Governor                                95

STANDARDS WHICH ARE OR WILL BE AT LEAST AS EFFECTIVE IN
PROVIDING SAFE AND HEALTHFUL EMPLOYMENT AND PLACES OF
EMPLOYMENT AS ANY STANDARD PROMULGATED UNDER THE
FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 AND
WHICH SHALL NOT PUT AN UNDUE BURDEN ON INTERSTATE
COMMERCE WHEN APPLICABLE TO PRODUCTS WHICH ARE
DISTRIBUTED OR USED IN INTERSTATE COMMERCE AND ARE
REQUIRED BY SUCH LOCAL CONDITIONS, CUSTOMIZED PRODUCTS
OR PARTS, TO BE DIFFERENT FROM ANY FEDERAL STANDARD.

(D)  ANY STANDARD RECOMMENDED OR PROPOSED UNDER THIS
SECTION SHALL PRESCRIBE USE OF LABELS OR OTHER
APPROPRIATE FORMS OF WARNING AS ARE NECESSARY TO
INSURE THAT EMPLOYEES ARE APPRISED OF ALL HAZARDS TO
WHICH THEY ARE EXPOSED, RELEVANT SYMPTOMS AND
APPROPRIATE EMERGENCY TREATMENT, AND PROPER
CONDITIONS AND PRECAUTIONS OF SAFE USE OR EXPOSURE, AND
WHERE APPROPRIATE, SUCH STANDARD SHALL ALSO PRESCRIBE
SUITABLE PROTECTIVE EQUIPMENT AND CONTROL OF
TECHNOLOGICAL PROCEDURES TO BE USED IN CONNECTION WITH
SUCH HAZARDS AND SHALL PROVIDE FOR MONITORING OR
MEASURING EMPLOYEE EXPOSURE AT SUCH LOCATIONS AND
INTERVALS AND IN SUCH MANNER AS MAY BE NECESSARY FOR
THE PROTECTION OF EMPLOYEES.

(E)     IN DEVELOPING STANDARDS DEALING WITH TOXIC
MATERIALS OR HARMFUL PHYSICAL AGENTS, THE BOARD SHALL
RECOMMEND OR PROPOSE TO THE COMMISSIONER THE
STANDARDS WHICH MOST ADEQUATELY ASSURE, TO THE EXTENT
FEASIBLE, ON THE BASIS OF THE BEST AVAILABLE EVIDENCE,
THAT NO EMPLOYEE WILL SUFFER MATERIAL IMPAIRMENT OF
HEALTH OR FUNCTIONAL CAPACITY EVEN IF SUCH EMPLOYEE
HAS REGULAR EXPOSURE TO THE HAZARD DEALT WITH BY SUCH
STANDARDS FOR A PERIOD OF HIS WORKING LIFE. WHENEVER
PRACTICABLE A STANDARD RECOMMENDED OR PROPOSED
UNDER THIS SECTION SHALL BE EXPRESSED IN TERMS OF
OBJECTIVE CRITERIA AND OF THE PERFORMANCE DESIRED.

(F)     IN THE DEVELOPMENT OF SUCH PROPOSED RULES,
REGULATIONS AND STANDARDS. OR MODIFICATIONS,
AMENDMENTS OR REVOCATIONS THEREOF, THE BOARD OR THE
COMMISSIONER MAY APPOINT SPECIAL COMMITTEES COMPOSED
OF EMPLOYEES, EMPLOYERS, EXPERTS AND THE PUBLIC TO
ASSIST AND MAKE RECOMMENDATIONS TO THE BOARD AS TO THE
PROPOSED RULES, REGULATIONS AND STANDARDS, OR
MODIFICATIONS, AMENDMENTS OR REVOCATIONS THEREOF. THE
BOARD MAY UTILIZE THE ADVICE AND ASSISTANCE OF
INDIVIDUALS OR ORGANIZATIONS OR OF OTHER AGENCIES
HAVING SPECIAL EXPERTISE OR KNOWLEDGE OF THE PROPOSED
RULES, REGULATIONS AND STANDARDS BEING CONSIDERED BY
THE BOARD. THEY MAY CALL UPON THE COMMISSIONER TO
MAKE AVAILABLE TO THE BOARD ANY INFORMATION OR
TECHNICAL DATA THAT WILL AID THEM IN DETERMINING THE
NEED FOR AND IN RECOMMENDING THE PROPOSED RULES,
REGULATIONS AND STANDARDS. THE COMMISSIONER MAY MAKE
SUCH RECOMMENDATIONS TO THE BOARD REGARDING RULES,
REGULATIONS AND STANDARDS, OR MODIFICATIONS,
AMENDMENTS OR REVOCATIONS THEREOF, AS HE DEEMS