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Ex. DUT-MT-010 Standing duty Primary source read

Mont. Code Ann. 50-71-201

Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices

Montana Legislature (Montana Code Annotated, Title 50, ch. 71) · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 50, ch. 71 (Occupational Safety and Health), part 2 (Duties of Employer and Employee)
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every public or private employer)
Character
workplace duty
Collection
Standing duties: Montana DUT-MT

Operative words

Each employer shall: (1) furnish a place of employment that is safe for each of the employer's employees;... (3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and (4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.

Penalty

Part 2 states the duty without its own penalty; the Department of Labor and Industry's inspection, penalty and stop-work scheme (50-71-116 to -120) applies to public sector employers only (50-71-115; read, not saved); for private employers the federal general duty clause, 29 U.S.C. 654(a)(1), and OSHA's citation authority supplied the enforcement layer

What it required

Every Montana employer ('employer' as defined in 39-71-117, the workers' compensation definition, per 50-71-204) owed a standing, mandatory duty to furnish a safe workplace, to furnish and 'require the use of' protective devices including air masks, to adopt 'practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe' and to 'do any other thing reasonably necessary to protect the life, health, and safety' of employees; the distancing, screening, sanitation, ventilation, telework and face-covering measures of 2020-2021 are the 'practices, means, methods, operations, and processes' this section commands once the health authorities defined what a safe workplace required.

Retrieval note

Subsection (2) in full: 'with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety items, including but not limited to air masks, hardhats, and protective gloves, that may be required by state or federal law, the employer, or the terms of an employment contract unless the terms of a collective bargaining agreement provide otherwise'. 50-71-203 (read; not saved) makes it unlawful for any person to 'refuse to use any health and safety device... furnished for use by the person's employer' or to 'fail to do any other thing reasonably necessary to protect the life, health, and safety of employees'. 50-71-116 (public sector employers; read, not saved): 'furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm'.