                                 CODE OF VIRGINIA

DUTY OF OPERATORS TO REPORT KNOWLEDGE OF TOXICITY; RETENTION AND RETURN OF
CERTAIN INFORMATION; DIAGNOSIS OF EMPLOYEE INJURIES AND ILLNESSES (§ 32.1-244)

Each person who operates a commercial establishment that uses as a raw material,
catalyst, final product or process solvent or manufactures any chemical or
mixture in a manner that the person knows, or reasonably should know, is toxic
and under the circumstances of its manufacture or use may pose a substantial
threat to human health or to the environment shall have the affirmative duty to
report that information to the Board within five days of receiving it.
		In discharging this duty to report, each person shall have the further
affirmative duty to make reasonable inquiry into the toxicity of any substance.
Any knowledge of toxicity that is possessed by an employee or agent of the
person, or by the holder of any patent under which the person is licensed to
produce such substance, shall be attributed to that person if the person
actually received that knowledge or, in the exercise of due diligence of such
person, should have received that knowledge. Any knowledge of toxicity that is
possessed by any consultant or independent contractor, who has been retained by
the person to perform any evaluation or other task which involves any such
substance, shall be attributed to the person if such person actually received
that knowledge or, in the exercise of due diligence by such person, should have
received that knowledge.
		Except as provided in this section, the Board shall not require any reports by
operators of commercial establishments to be filed pursuant to this article
unless the Board can demonstrate that the report is necessary to prevent or
lessen an imminent risk of injury to public health or the environment.
		Each person who operates a commercial establishment in which any chemical is
manufactured or is used as a raw material, catalyst, final product or process
solvent shall direct each of his employees to a physician for diagnosis of any
injury or illness of any kind whatever that the person knows, or reasonably
should know, may be caused by such chemical. Nothing in this article shall be
deemed, however, to authorize or require physical examination or medical
treatment for any person who objects thereto on religious grounds.
		The Department shall make reasonable efforts to return all confidential
business information filed pursuant to this article to the owner or operator of
the business that reported it; however, if the business no longer exists or the
owner or operator cannot be located, the Department may retain the confidential
information under the same terms and conditions of confidentiality existing
prior to July 1, 1992, or, at the discretion of the Commissioner, purge and
destroy such information.

HISTORY: Code 1950, § 32-435.1; 1977, c. 471; 1979, c. 711; 1982, c. 16; 1984,
c. 433; 1992, c. 203.