CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1454, 2551 PRINTER'S NO. 2567
No. 1236 Session of 1983
INTRODUCED BY COHEN, MANDERINO, ITKIN, J. L. WRIGHT,
F. E. TAYLOR, BURNS, LETTERMAN, LASHINGER, FREEMAN, PISTELLA,
MILLER, REBER, HOEFFEL, COWELL, KUKOVICH, DeWEESE, RYBAK,
WIGGINS, GALLAGHER, ALDERETTE, PETRONE, FATTAH, LINTON,
TRELLO, STEIGHNER, KASUNIC, BATTISTO, DeLUCA, HARPER,
STEWART, McHALE, WOZNIAK, LAUGHLIN, MICHLOVIC, SEVENTY, BOOK,
HOEFFEL AND KOWALYSHYN JUNE 21, 1983
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 1984
AN ACT
1 Regulating toxic and hazardous substances; requiring the posting <--
2 of the identity of these substances by employers and the
3 labeling of toxic and hazardous substances; requiring
4 material safety data on every toxic or hazardous substance to
5 be given to the Department of Health and to employees;
6 requiring employers to operate educational programs relating
7 to toxic substances; providing for further duties of the
8 Department of Health, for complaint procedures, for
9 investigations, for compliance orders and the enforcement
10 thereof; and providing penalties.
11 It is hereby declared that there exists within the
12 Commonwealth of Pennsylvania a potential danger to employees,
13 their families and the general public because of exposure to
14 hazardous and toxic substances encountered because of the
15 introduction of these hazardous and toxic substances into the
16 workplace and into the general environment. Employees may
17 encounter exposure to these hazardous and toxic substances
18 during the course and scope of their employment and the general
1 public may encounter exposure to these hazardous and toxic
2 substances due to their transportation, use and subsequent
3 disposal within the community. Serious health problems may be
4 caused to individuals because of this exposure to such hazardous
5 and toxic substances and because of the nature of these
6 substances, these serious health problems may not become evident
7 for many years after initial exposure.
8 It is therefore declared to be the policy of the Commonwealth
9 that any employer within the Commonwealth whose business
10 requires the buying, selling, transportation, use or disposal of
11 hazardous and toxic substances as defined herein, has a duty to
12 inform his employees and the general public about the nature of
13 the hazardous and toxic substances bought, sold, transported,
14 used or disposed of during the course of his business and to
15 give notice as to the known or suspected health hazards posed by
16 the use of or exposure to these substances. Employees, their
17 families and the general public have a right to know the type of
18 hazardous and toxic substances they may be exposed to, the
19 potential health hazards that exist because of exposure and the
20 symptoms of toxicity experienced because of exposure.
21 It is further declared that the employees themselves are
22 frequently in the best position to be aware of the symptoms of
23 toxicity, provided that the employees are aware of the nature of
24 the substances they are working with and that employees have an
25 inherent right to know about the known and suspected health
26 hazards which may result from working with hazardous and toxic
27 substances, so that they may make knowledgeable and reasoned
28 decisions with respect to the continued personal costs of their
29 employment and need for corrective action.
30 It is further declared that, because of close or continuing
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1 contact with hazardous and toxic substances, the workplace often
2 provides an early warning mechanism for the rest of the
3 environment and the general public. It is therefore the intent
4 of this legislation to ensure that employees, their families and
5 the general public be given current information concerning the
6 nature of the hazardous and toxic substances with which they may
7 come in contact and full information concerning the known and
8 suspected health hazards of said hazardous and toxic substances.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Definitions.
12 Section 3. Notice.
13 Section 4. Materials.
14 Section 5. Material safety data.
15 Section 6. Labeling.
16 Section 7. Change in nature of substance.
17 Section 8. Subsequent information.
18 Section 9. Construction of act.
19 Section 10. Duplicate requests.
20 Section 11. Labeling by supplier.
21 Section 12. Protection of employees.
22 Section 13. Employer educational program.
23 Section 14. Powers and duties on the department.
24 Section 15. Health and exposure records.
25 Section 16. Outreach programs.
26 Section 17. Trade secrets.
27 Section 18. Risk to public health.
28 Section 19. List of substances within county.
29 Section 20. Complaints and investigations.
30 Section 21. Compliance order and penalties.
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1 Section 22. Severability.
2 Section 23. Effective date.
3 REQUIRING CHEMICAL IDENTIFICATION OF SUBSTANCES IN THE COMMUNITY <--
4 AND ON EMPLOYER PREMISES; REQUIRING THE POSTING OF THE
5 IDENTITY OF THESE SUBSTANCES BY EMPLOYERS AND THE LABELING OF
6 CHEMICALS; REQUIRING INFORMATION AND SAFETY DATA ON CHEMICALS
7 TO BE GIVEN TO THE DEPARTMENT OF HEALTH, MEMBERS OF THE
8 COMMUNITY, AND EMPLOYEES; REQUIRING EMPLOYERS TO OPERATE
9 EDUCATIONAL PROGRAMS RELATING TO HAZARDOUS SUBSTANCES;
10 PROVIDING FOR FURTHER DUTIES OF THE DEPARTMENT OF HEALTH, FOR
11 COMPLAINT PROCEDURES, FOR INVESTIGATIONS, FOR COMPLIANCE
12 ORDERS AND THE ENFORCEMENT THEREOF; AND PROVIDING PENALTIES.
13 IT IS HEREBY DECLARED THAT THERE EXISTS WITHIN THE
14 COMMONWEALTH OF PENNSYLVANIA A DANGER TO EMPLOYEES, THEIR
15 FAMILIES AND TO THE GENERAL PUBLIC BECAUSE OF EXPOSURE TO
16 CHEMICALS INTRODUCED INTO THE WORKPLACE AND INTO THE GENERAL
17 ENVIRONMENT. EMPLOYEES MAY ENCOUNTER EXPOSURE TO THESE
18 SUBSTANCES DURING THE COURSE AND SCOPE OF THEIR EMPLOYMENT AND
19 THE GENERAL PUBLIC MAY ENCOUNTER EXPOSURE DUE TO THE
20 TRANSPORTATION, USE AND SUBSEQUENT DISPOSAL WITHIN THE
21 COMMUNITY. SERIOUS HEALTH PROBLEMS MAY BE CAUSED TO INDIVIDUALS
22 BECAUSE OF THIS EXPOSURE; DUE TO THE NATURE OF THESE SUBSTANCES,
23 THESE HEALTH PROBLEMS MAY NOT BECOME EVIDENT UNTIL MANY YEARS
24 AFTER INITIAL EXPOSURE.
25 IT IS THEREFORE DECLARED TO BE THE POLICY OF THE COMMONWEALTH
26 THAT EMPLOYERS WITHIN THE COMMONWEALTH AND CHEMICAL SUPPLIERS
27 DOING BUSINESS WITHIN THE COMMONWEALTH HAVE A DUTY TO MAKE
28 AVAILABLE TO EMPLOYEES AND TO THE GENERAL PUBLIC THE IDENTITY OF
29 CHEMICALS USED IN THE WORKPLACE, AND TO MAKE INFORMATION
30 AVAILABLE AS TO THE KNOWN OR SUSPECTED HEALTH HAZARDS POSED BY
31 THE USE OF OR EXPOSURE TO HAZARDOUS SUBSTANCES. EMPLOYEES, THEIR
32 FAMILIES AND THE GENERAL PUBLIC HAVE A RIGHT TO KNOW THE
33 IDENTITY OF CHEMICALS THEY MAY BE EXPOSED TO, THE POTENTIAL
34 HEALTH HAZARDS THAT EXIST AND THE SYMPTOMS THAT MAY BE
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1 EXPERIENCED BECAUSE OF EXPOSURE.
2 IT IS FURTHER DECLARED THAT EMPLOYEES AND THE GENERAL PUBLIC
3 THEMSELVES ARE FREQUENTLY IN THE BEST POSITION TO DISCOVER
4 SERIOUS HEALTH PROBLEMS, PROVIDED THAT THEY ARE AWARE OF THE
5 SCIENTIFIC NAME AND THE NATURE OF THE SUBSTANCES THEY ARE
6 EXPOSED TO. EMPLOYEES, THEIR FAMILIES AND THE GENERAL PUBLIC
7 HAVE AN INHERENT RIGHT TO KNOWN ABOUT THE KNOWN AND SUSPECTED
8 HEALTH HAZARDS WHICH MAY RESULT FROM EXPOSURE TO HAZARDOUS
9 SUBSTANCES, SO THAT THEY MAY MAKE KNOWLEDGEABLE AND REASONED
10 DECISIONS WITH RESPECT TO THE CONTINUED PERSONAL COSTS OF THEIR
11 EMPLOYMENT OR RESIDENCE AT A PARTICULAR PLACE, AND THE NEED FOR
12 CORRECTIVE ACTION.
13 IT IS FURTHER DECLARED THAT, BECAUSE OF CLOSE OR CONTINUING
14 CONTACT WITH HAZARDOUS SUBSTANCES, THE WORKPLACE OFTEN PROVIDES
15 AN EARLY WARNING MECHANISM FOR THE REST OF THE ENVIRONMENT AND
16 THE GENERAL PUBLIC. IT IS THEREFORE THE INTENT OF THIS
17 LEGISLATION TO ENSURE THAT EMPLOYEES, THEIR FAMILIES AND THE
18 GENERAL PUBLIC BE GIVEN CURRENT INFORMATION CONCERNING THE
19 NATURE OF THE HAZARDOUS SUBSTANCES WITH WHICH THEY MAY COME IN
20 CONTACT AND FULL INFORMATION CONCERNING THE KNOWN AND SUSPECTED
21 HEALTH HAZARDS OF THESE HAZARDOUS SUBSTANCES.
22 IT IS FURTHER DECLARED THAT AVAILABILITY OF DETAILED
23 INFORMATION CONCERNING THE IDENTITY AND NATURE OF CHEMICALS TO
24 LOCAL POLICE, FIRE AND HEALTH OFFICIALS WILL GREATLY AID SUCH
25 AUTHORITIES IN RESPONDING TO LOCAL EMERGENCIES SUCH AS CHEMICAL
26 FIRES, ACCIDENTAL SPILLS, INDUSTRIAL ACCIDENTS, AND OUTBREAKS OF
27 HEALTH PROBLEMS AMONG MEMBERS OF THE PUBLIC.
28 IT IS FURTHER DECLARED THAT THE SWIFT AND EFFECTIVE
29 ENFORCEMENT OF THE PROVISIONS OF THIS ACT IS VITAL TO INSURE
30 THAT THE HEALTH AND SAFETY OF EMPLOYEES AND MEMBERS OF THE
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1 PUBLIC IS PROTECTED.
2 TABLE OF CONTENTS
3 SECTION 1. SHORT TITLE.
4 SECTION 2. DEFINITIONS.
5 SECTION 3. HAZARD SURVEYS.
6 SECTION 4. OBLIGATION OF SUPPLIERS.
7 SECTION 5. AVAILABILITY OF INFORMATION.
8 SECTION 6. LABELING.
9 SECTION 7. NOTICE.
10 SECTION 8. EMPLOYEE EDUCATION PROGRAM.
11 SECTION 9. HEALTH AND EXPOSURE RECORDS.
12 SECTION 10. OUTREACH PROGRAMS.
13 SECTION 11. TRADE SECRETS.
14 SECTION 12. RISK TO PUBLIC HEALTH.
15 SECTION 13. PROTECTION OF EMPLOYEES.
16 SECTION 14. COMPLAINTS AND INVESTIGATIONS.
17 SECTION 15. JUDICIAL REVIEW AND ENFORCEMENT.
18 SECTION 16. FALSE STATEMENTS.
19 SECTION 17. RULES AND REGULATIONS.
20 SECTION 18. CONSTRUCTION OF ACT.
21 SECTION 19. SEVERABILITY.
22 SECTION 20. FEES.
23 SECTION 21. APPROPRIATION.
24 SECTION 22. EFFECTIVE DATE.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Short title. <--
28 This act may be known and may be cited as the Hazardous and
29 Toxic Substance Disclosure Act.
30 Section 2. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Chemical." Any element, chemical compound or mixture of
5 elements or compounds, or both, except those chemicals which are
6 goods, drugs, cosmetics or tobacco products intended for
7 personal use or consumption.
8 "Chemical name." The scientific designation of a chemical in
9 accordance with the nomenclature system developed by the
10 International Union of Pure and Applied Chemistry or the
11 Chemical Abstracts Service rules of nomenclature.
12 "Common name." Any designation or identification such as a
13 code name or number or trade or brand name, used by the employer
14 to identify a substance other than by its chemical name.
15 "Container." A receptacle used to hold a liquid, solid or
16 gaseous substance including, but not limited to, bottles,
17 pipelines, bags, barrels, boxes, cans, cylinders, drums,
18 cartons, vessels, vats and stationary or mobile storage tanks.
19 The term does not include process containers.
20 "Department." The Department of Health and any county health
21 department designated by the secretary as having powers and
22 duties under this act.
23 "Employee." Any person currently or formerly employed except
24 domestic workers or casual laborers employed at the employer's
25 place of residence.
26 "Employee representative." An individual or organization to
27 whom an employee gives written authorization to exercise his or
28 her rights to request information under this act. A recognized
29 or certified collective bargaining agent shall be considered to
30 be an employee representative without regard to written employee
19830H1236B2567 - 7 -
1 authorization.
2 "Employer." Any individual, partnership, corporation or
3 association engaged in a business that has employees, including
4 the State and its political subdivisions. The term shall not
5 include a person who employees domestic workers or casual
6 laborers at his residence.
7 "Hazardous substance." Any substance designated by the
8 Federal Environmental Protection Agency (EPA) pursuant to
9 sections 307 and 311 of the Federal Clean Water Act of 1977 (33
10 U.S.C. § 1251 et seq.) or as a hazardous air pollutant pursuant
11 to section 112 of the Federal Clean Air Act (42 U.S.C. § 7412
12 which has known adverse human risks or listed as a human or
13 animal carcinogen by the International Agency for Research on
14 Cancer (IARC).
15 "Material safety data sheet." A form supplied by the
16 department to each employer that buys, sells, transports, uses
17 or disposes of hazardous or toxic substances in the course of
18 his business, to be filled in by the employer.
19 "Secretary." The Secretary of Health.
20 "Toxic substance." Any substance which is listed in the
21 latest printed edition of the National Institute for
22 Occupational Safety and Health Registry of Toxic Effects of
23 Chemical Substances, including any amendments or supplements
24 thereto, or has yielded positive evidence of acute or chronic
25 health hazards in human, animal or other biological testing
26 including, but not limited to, any nuclear or radioactive
27 substance.
28 "Workplace." Any location away from home, permanent or
29 temporary, where any employee performs any work related duty in
30 the course of his employment.
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1 Section 3. Notice.
2 (a) Posting requirement.--Every employer shall post in every
3 workplace in a location or locations where notice to employees
4 are normally posted:
5 (1) A list of all hazardous or toxic substances found in
6 the workplace.
7 (2) Notification to every employee or employee
8 representative of their rights under this act, which includes
9 the right to receive a copy of the material safety data
10 sheet, as required in this act.
11 (b) Lists of substances.--Upon offering employment to a
12 prospective employee and on January 1 of each year, each
13 employer shall furnish to each of his employees a list of all
14 hazardous or toxic substances which he uses or produces in the
15 manufacture of any item, product or material or which are used
16 or produced for purposes of research, experimentation or
17 treatment, and the dangers inherent in exposure to these
18 substances.
19 Section 4. Materials.
20 All materials required to be furnished to an employee or
21 employee representative shall be furnished at no cost to the
22 employee or employee representative.
23 Section 5. Material safety data.
24 (a) Completion of form.--Every employer shall, upon a form
25 supplied by the department, fill out a material safety data
26 sheet for each chemical, hazardous or toxic substance found in
27 the workplace.
28 (b) Contents of form.--The form shall include, but not be
29 limited to:
30 (1) The trade name of the hazardous or toxic substance
19830H1236B2567 - 9 -
1 or mixture and its common name.
2 (2) The chemical name of the hazardous or toxic
3 substance and any commonly used synonyms for the substance
4 and for a mixture, the chemical name of the major components
5 of the mixture and any commonly used synonyms for the
6 components.
7 (3) A description of the use of the chemical, hazardous
8 or toxic substance at the facility.
9 (4) The quantity of the chemical, hazardous or toxic
10 substance produced at the facility.
11 (5) The quantity of the chemical, hazardous or toxic
12 substance brought into the facility.
13 (6) The quantity of the chemical, hazardous or toxic
14 substance consumed at the facility.
15 (7) The quantity of the chemical, hazardous or toxic
16 substance shipped out of the facility as or in products.
17 (8) The maximum inventory of the chemical, hazardous or
18 toxic substance stored at the facility, the method of
19 storage, and the frequency and methods of transfer.
20 (9) The total stack or point-source emissions of the
21 chemical, hazardous or toxic substance.
22 (10) The total estimated fugitive or non point-source
23 emissions of the chemical, hazardous or toxic substance.
24 (11) The total discharge of the chemical, hazardous or
25 toxic substance into the surface or groundwater, the
26 treatment methods, and the raw wastewater volume and
27 loadings.
28 (12) The total discharge of the chemical, hazardous or
29 toxic substance into publicly-owned treatment works.
30 (13) The quantity, and methods of disposal, of any
19830H1236B2567 - 10 -
1 wastes containing a chemical, hazardous or toxic substance,
2 the method of on-site storage of these wastes, the location
3 or locations of the final disposal site for these wastes and
4 the identity of the hauler of the wastes.
5 (14) The hazardous or toxic properties of the chemical,
6 hazardous or toxic substance or mixture and the hazards
7 associated with the use of or exposure to the chemical,
8 hazardous or toxic substance.
9 (15) The boiling point, vapor pressure, vapor density,
10 solubility in water, specific gravity, melting point,
11 physical state, color and odorous properties of the chemical,
12 hazardous or toxic substance.
13 (16) The flash point, auto ignition temperature,
14 percentage by volume of flammable limits, the recommended
15 fire extinguishing media, any special firefighting procedure
16 and any other unusual fire or explosion hazards of the
17 chemical, hazardous or toxic substance.
18 (17) The permissible exposure level, threshold limit
19 value or other established limit value of the chemical,
20 hazardous or toxic substance, the consequences of
21 overexposure and emergency first aid procedures, including a
22 telephone number to be called in an emergency.
23 (18) The stability of the chemical, hazardous or toxic
24 substance and the conditions and materials which are
25 incompatible with the substance and with which contact must
26 be avoided.
27 (19) Measures to be taken in the event of a release of a
28 hazardous or toxic substance into the workplace or into the
29 general environment.
30 (20) Recommended waste disposal method for the chemical,
19830H1236B2567 - 11 -
1 hazardous or toxic substance.
2 (21) Personal protective equipment to be worn or used
3 when handling or otherwise coming in contact with the
4 chemical, hazardous or toxic substance and any special
5 precautions to be taken in the handling of the chemical,
6 hazardous or toxic substance.
7 (c) Submission to department.--Every employer shall submit
8 to the department the material safety data sheet for each
9 chemical, hazardous or toxic substance found in the workplace
10 and shall keep one copy of the material safety data sheet on
11 file at his principal place of business.
12 (d) Information.--It shall be the responsibility of the
13 employer to obtain information relating to hazardous or toxic
14 substances from the manufacturer, the Department of Health, the
15 Department of Environmental Resources, the Federal Environmental
16 Protection Agency's Chemical Substances Information Network and
17 the Health Hazard Evaluation Program of the National Institute
18 of Occupational Safety and Health.
19 (e) Copy of data available to employees.--Upon the written
20 request of an employee or employee representative, the employer
21 shall furnish a copy of the material safety data sheet to said
22 employee or employee representative, along with any other
23 information gathered pursuant to subsection (d), within five
24 working days of receipt of written request. If the information
25 is not provided, the employee shall not be required to work with
26 the toxic substance until the information is made available.
27 Section 6. Labeling.
28 (a) Labeling of container, etc.--The employer shall label
29 with the chemical name each container of a toxic substance used
30 in the workplace. The employer is not required to label
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1 containers of one gallon or less into which toxic substances are
2 transferred by the employee from labeled containers and which
3 are intended only for the immediate use by the employee who
4 performs the transfer. Prior to the container being sold,
5 distributed or otherwise leaving the employer's workplace, the
6 employer shall label each container of a toxic substance with
7 the chemical name.
8 (b) Piping.--The toxic substance content of a piping system
9 shall be identified by labels applied on the pipe body at all
10 valves.
11 (c) Display of label.--The employer shall ensure that each
12 label required by this section is prominently affixed to the
13 container or the piping system and displayed in such a manner
14 that employees can easily identify the substances that are
15 present.
16 Section 7. Change in nature of substance.
17 If a substance was not within the definition of a toxic
18 substance at the time it was present in a workplace, but
19 subsequently is within the definition, an employer shall provide
20 the information required in this act upon request.
21 Section 8. Subsequent information.
22 (a) Material on data sheets.--If an employer receives new
23 information concerning those subjects listed in the material
24 safety data sheet, from a manufacturer, importer, producer,
25 formulator or a State or Federal agency, the employer shall make
26 the new information available to employees and if requested,
27 their representatives, upon receipt of the information.
28 (b) Toxic and hazardous substances generally.--Whenever an
29 employer receives new information regarding toxic and hazardous
30 substances, the employer shall make such information available
19830H1236B2567 - 13 -
1 to employees and, if so requested their representatives upon
2 receipt of same.
3 Section 9. Construction of act.
4 The provision of information to an employee shall not in any
5 way affect the liability of an employer with regard to the
6 health and safety of an employee or other persons exposed to
7 toxic substances, nor shall it affect the employer's
8 responsibility to take any action to prevent the occurrence of
9 occupational disease as required under any other provision of
10 law. The provision of information to an employee shall not
11 affect any other duty or responsibility of a manufacturer,
12 producer or formulator to warn ultimate users of a toxic
13 substance under any other provisions of law.
14 Section 10. Duplicate requests.
15 An employer is not required to provide information regarding
16 a toxic substance if the employee or employee representative
17 making the request has requested and received the same
18 information about the toxic substance within the preceding 12
19 months, unless the employee's job assignment has changed or
20 there is new information available concerning any of the
21 subjects about which information is required to be provided.
22 Section 11. Labeling by supplier.
23 Any person who supplies chemical, hazardous or toxic
24 substances to an employer shall label all such substances by the
25 generic or basic chemical name only and shall provide safe
26 handling procedures and all information required by the employer
27 to fulfill the employers reporting requirements regarding the
28 material safety data sheet for all such substances supplied.
29 Section 12. Protection of employees.
30 (a) General rule.--No employer shall discharge, or cause to
19830H1236B2567 - 14 -
1 be discharged, or otherwise discipline or in any manner
2 discriminate against an employee because the employee has filed
3 a complaint, assisted an inspector of the department, who may
4 make or is making an inspection under section 20, or has
5 instituted or caused to be instituted any proceeding under or
6 related to this act or has testified or is about to testify in
7 any such proceeding or because of the exercise of any right
8 afforded pursuant to the provisions of this act on behalf of the
9 employer or on behalf of others, nor shall pay, position or
10 seniority or other benefits be lost for exercise of any right
11 provided by this act.
12 (b) Complaint procedure.--Any employee who believes that he
13 has been discharged, disciplined or otherwise discriminated
14 against by any person in violation of this section may, within
15 30 days after such violation occurs or 30 days after the
16 employee first obtains knowledge that a violation did occur,
17 file a complaint with the department alleging the violation.
18 Within 30 days of receipt of the complaint, the department shall
19 cause such investigation to be made as appropriate. If the
20 department or the employee introduces evidence that prior to the
21 alleged violation the employee exercised any right provided in
22 this act, the employer shall have the burden to show just cause
23 for his action by clear and convincing evidence. If, upon such
24 investigation, the department determines that provisions of this
25 section have been violated, he shall request the Attorney
26 General to bring an action in the local court of common pleas
27 against the employer alleged to have violated this section. If
28 the department or the employee introduces evidence that prior to
29 the alleged violation the employee exercised any right provided
30 in this act, the employer shall have the burden to show just
19830H1236B2567 - 15 -
1 cause for his action by clear and convincing evidence. In any
2 such action, the court shall have jurisdiction to restrain
3 violations of this section and to order appropriate relief
4 including, but not limited to, civil penalties as set forth in
5 section 21, the hiring, rehiring or reinstatement of the
6 employee together with the payment of any compensation otherwise
7 lost as a result of such violations. Within 90 days of the
8 receipt of a complaint under this section, the department shall
9 notify the complainant and his representative by registered mail
10 of its determination.
11 (c) Waivers invalid.--
12 (1) Any waiver by an employee or applicant for
13 employment and the benefits or requirements of this act shall
14 be against public policy and be null and void.
15 (2) Any employer's request or requirement that an
16 employee waive any rights under this act as a condition of
17 employment, shall constitute a violation.
18 Section 13. Employer educational program.
19 (a) Requirement.--Every employer shall institute an annual
20 education and training program for employees routinely exposed
21 to hazardous or toxic substance. Additional instruction shall be
22 provided whenever the potential for exposure to toxic or
23 hazardous substance is altered or whenever new information is
24 received by the employer.
25 (b) Content of program.--The education and training program
26 shall include, but may not be limited to, the following:
27 (1) the location of toxic or hazardous substances to
28 which the employee may be exposed;
29 (2) the properties of toxic or hazardous substances to
30 which employees may be exposed;
19830H1236B2567 - 16 -
1 (3) the name or names of the toxic or hazardous
2 substance, including the generic or chemical name;
3 (4) the trade name of the chemical and any other
4 commonly used name;
5 (5) the acute and chronic effects of exposure at
6 hazardous levels;
7 (6) the symptoms of effects of exposure at hazardous
8 levels;
9 (7) the potential for flammability, explosion and
10 reactivity of such substance;
11 (8) appropriate emergency treatment;
12 (9) proper conditions for safe use and exposure to such
13 toxic substance; and
14 (10) procedures for cleanup of leaks and spills of such
15 toxic substance.
16 Section 14. Powers and duties of the department.
17 (a) Inspections.--The department shall have the right of
18 entry at reasonable hours into any workplace if it has reason to
19 believe that the reporting requirements of this act are being
20 met and to conduct such other investigations as are deemed
21 appropriate to insure compliance with this act. The department
22 shall make available to appropriate authorities the results of
23 any investigation in which hazardous levels of toxic substances
24 are found.
25 (b) Public information.--The department may make public
26 information containing descriptions of the toxic effects and the
27 circumstances under which these effects are produced for toxic
28 substances found in the course and scope of employment. The
29 department shall prepare this information in a clear and
30 coherent manner using words with common and everyday meanings.
19830H1236B2567 - 17 -
1 The information provided may be based on the Threshold Limit
2 Values For Chemical Substances And Physical Agents In The
3 Workroom Environment With Intended Changes For 1979 and the
4 current Registry Of Toxic Effects Of Chemical Substances Of The
5 National Institute Of Occupational Safety And Health.
6 (c) Rules and regulations.--The department shall, in the
7 manner provided by law, promulgate the rules, regulations and
8 forms reasonably necessary to carry out this act.
9 Section 15. Health and exposure records.
10 (a) General rule.--Upon request by the department, employers
11 shall provide copies of employee health and exposure records
12 maintained and supplied to the Federal Government by employers
13 as mandated under the following Federal statutes and regulations
14 (except as access by third parties is limited by the statutes
15 and regulations):
16 (1) The Toxic Substances Control Act.
17 (2) The Occupational Safety and Health Act of 1970.
18 (3) The Environmental Pesticide Control Act.
19 (4) The regulations found at 10 CFR 20.102 through
20 20.409.
21 (b) Employee information.--Upon request by the department,
22 employers shall provide the names and addressed of present and
23 former employees whenever the department determines that there
24 is a health risk or disease relating to the exposure of
25 employees to a toxic substance or toxic substances.
26 (c) Certain information confidential.--The department shall
27 not release any information that identifies individuals. The
28 department may, however, publish analyses of reports and
29 information for scientific and public health purposes if the
30 identities of the individuals concerned cannot be ascertained
19830H1236B2567 - 18 -
1 and if information protected by applicable trade secret law is
2 not divulged.
3 (d) Records retention requirement.--The department may
4 require an employer to keep records of his employees' use of
5 specific toxic substances if there is scientific evidence to
6 question the efficacy of the current threshold limit values for
7 those substances. Such records shall be held solely for the
8 purpose of conducting epidemiologic research on occupational
9 health.
10 Section 16. Outreach programs.
11 (a) Right to information.--The department may develop and
12 implement outreach programs to inform employees of their right
13 to information regarding the toxic effects and circumstances
14 under which these effects are produced by toxic substances found
15 in the course of employment.
16 (b) Contracts with other agencies to develop program.--The
17 department may contract with public and private organizations to
18 develop and implement such an outreach program.
19 (c) Public relations, etc.--As part of the outreach program,
20 the division may develop and maintain a supply of informational
21 leaflets in public buildings, including employment services
22 offices of the employment security division, institutions and
23 facilities under the supervision or control of the department,
24 hospitals, union halls, community centers, schools and local
25 agencies providing services to employers and employees to help
26 insure that these persons are informed of the toxic substance
27 information program. The department may mail these leaflets to
28 employers. The division shall periodically distribute to
29 newspapers, television and radio stations throughout the State
30 public service announcements describing the toxic substance
19830H1236B2567 - 19 -
1 information outreach program.
2 Section 17. Trade secrets.
3 (a) Trade secret claim.--If an employer believes that
4 disclosing information required by this act will reveal a trade
5 secret, he may file with the appropriate department a trade
6 secret claim as herein provided.
7 (b) Content and time of filing.--If an employer claims that
8 disclosing information on either the workplace survey or the
9 environmental survey would reveal a trade secret, he shall file
10 with the department a trade secret claim within 90 days of
11 receipt of the survey. An employer making a trade secret claim
12 shall submit two copies of the survey to the department, one
13 with the information for which a trade secret claim is being
14 made concealed, and one in an envelope marked "Confidential"
15 containing the information for which a trade secret claim is
16 being made, which the department, during the pendency of the
17 trade secret claim, shall keep in a locked file or room. On the
18 copies of the survey sent to the county health department, local
19 fire department, and local police department, and retained on
20 file at the facility, the employer shall conceal the information
21 for which he is making a trade secret claim.
22 (c) Registry number.--If an employer claims that labeling a
23 container pursuant to this act would reveal a trade secret, he
24 shall file a trade secret claim with the department. Upon
25 receipt of the trade secret claim, the department shall assign a
26 trade secret registry number to the claim, and transmit the
27 trade secret registry number to the employer. Upon receipt of
28 the trade secret registry number, the employer shall affix the
29 trade secret registry number to each container containing a
30 substance for which the trade secret claim was made.
19830H1236B2567 - 20 -
1 (d) Determinations and hearings.--The department shall make
2 a determination of the validity of a trade secret claim when a
3 request is made pursuant to those provisions of this act
4 relating to the disclosure of the information for which the
5 trade secret claim was made, or at any time that the department
6 deems appropriate. Upon making a determination on the validity
7 of a trade secret claim, the department shall inform the
8 employer of the determination by certified mail. If the
9 department determines that the employer's trade secret claim is
10 not valid, the employer shall have 45 days from the receipt of
11 the department's determination to file with the department a
12 written request for an administrative hearing on the
13 determination. If the employer does not file such a request
14 within 45 days, the department shall take action to provide that
15 the information for which the trade secret claim was made be
16 disclosed. At the hearing the employer shall have the burden to
17 show that the trade secret claim is valid. Within 45 days of
18 receipt of the hearing officer's recommendation, the department
19 shall affirm, reject, or modify the recommendation. The
20 department shall inform the employer of its decision by
21 certified mail. All hearings held under this section and appeals
22 from decisions of the department shall be as provided in 2
23 Pa.C.S. (relating to administrative law and procedure).
24 (e) Providing of information to physicians.--The department
25 shall provide any information for which a trade secret claim is
26 pending or has been approved pursuant to this section to a
27 physician when such information is needed for medical diagnosis
28 or treatment. The department shall require the physician to sign
29 an agreement protecting the confidentiality of information
30 disclosed pursuant to this subsection.
19830H1236B2567 - 21 -
1 (f) Surveys available to public.--Any workplace survey or
2 environmental survey containing information for which a trade
3 secret claim is pending or has been approved shall be made
4 available to the public with that information concealed.
5 (g) Confidentiality of information.--The subject of any
6 trade secret claim pending or approved shall be treated as
7 confidential information. Except as provided in subsection (e),
8 the department shall not disclose any confidential information
9 to any person except an officer or employee of the Commonwealth
10 in connection with his official duties under any law for the
11 protection of public health, or to the contractors of the
12 Commonwealth and their employees if in the opinion of the
13 department the disclosure is necessary for the completion of any
14 work contracted for in connection with the implementation of
15 this act.
16 (h) Penalty.--Any officer or employee of the Commonwealth,
17 contractor to the Commonwealth, physician, or employee of a
18 county health department, local fire department or local police
19 department who has access to any confidential information, and
20 who willingly and knowingly discloses the confidential
21 information to any person not authorized to receive it shall,
22 upon conviction thereof, be guilty of a misdemeanor of the third
23 degree.
24 (i) Application of section.--The provisions of this section
25 shall not apply to the disclosure of information concerning
26 emissions and shall not apply to the disclosure of any
27 information required pursuant to any other act.
28 Section 18. Risk to public health.
29 If the department determines that chemicals, hazardous or
30 toxic materials pose a potential health risk to the general
19830H1236B2567 - 22 -
1 public in the area of the workplace because of their inherent
2 nature or because of possible accident, it shall inform the
3 nearest public health agency, hospital and fire company, and
4 shall submit to them a list of the potentially dangerous
5 chemical, hazardous or toxic substance and copies of each
6 material safety data sheet.
7 Section 19. List of substances within county.
8 Any member of the general public may request, in writing from
9 the department, a list of the chemical, hazardous or toxic
10 substance being bought, sold, transported, used or disposed of
11 by a specific employer or employee within the county in which he
12 resides and the department shall supply this list for each
13 employer, along with a copy of the material safety data sheet
14 for all chemical, hazardous or toxic substances on the list,
15 within 30 working days of the written request.
16 Section 20. Complaints and investigations.
17 (a) Procedure.--Any employee or representative of employees
18 who believes that there is a violation by his employer of this
19 act may request an inspection by filing a complaint of the
20 violation with the department. The complaint shall be in
21 writing, signed and shall set forth, with reasonable
22 particularity, the grounds for the complaint. Within a
23 reasonable period of time after receipt of the complaint, the
24 department shall so notify the employer in writing and permit
25 the employer to demonstrate compliance with this act. If such
26 compliance has not been demonstrated to the satisfaction of the
27 department within 14 days of the mailing of the notification, an
28 employee of the department shall inspect, at reasonable times,
29 the employer's workplace and all conditions pertinent to the
30 grounds of the complaint and shall, in a reasonable manner, make
19830H1236B2567 - 23 -
1 any additional investigation deemed necessary for the full and
2 effective determination of the employer's compliance with this
3 act. Whenever the representative of the department, proceeding
4 under this section is denied admission to any place of
5 employment, he may obtain a warrant to make an inspection or
6 investigation of the place of employment from any issuing
7 authority upon a showing of both of the following:
8 (1) That the individual seeking the warrant is a duly
9 authorized agent of the department.
10 (2) That such individual has established under oath or
11 affirmation that the place of employment to be investigated
12 in accordance with this section is to be inspected to
13 determine compliance or noncompliance with the requirements
14 of this act.
15 (b) Refusal of entry.--Any employer or individual who
16 refuses entry to any authorized representative of the
17 department, while such representative is attempting to conduct
18 an investigation or inspection pursuant to this act, or in any
19 way wilfully obstructs him from carrying out his investigation
20 or inspection, shall be assessed a civil penalty of not more
21 than $1,000.
22 (c) Discretion of department.--The department shall have
23 authority to assess all civil penalties provided in this
24 section, giving due consideration to the appropriateness of the
25 penalty with respect to the size of the business of the employer
26 or owner being charged, the gravity of the violation, the good
27 faith of the employer or owner and the history of previous
28 violations.
29 (d) Disposition of penalties.--Civil penalties owned under
30 this section shall be paid to the department for deposit into
19830H1236B2567 - 24 -
1 the State Treasury and may be recovered in a civil action
2 brought in the court of common pleas for the judicial district
3 where the violation is alleged to have occurred or where the
4 employer has his principal office. The penalties collected shall
5 be used to defray the costs of enforcement of this section.
6 (e) Action by employee.--If an employer has not made timely
7 correction of the violation stated in an order to comply issued
8 under this section, an employee of that employer may bring a
9 civil action for judicial enforcement of the requirements of
10 this section in the court of common pleas for the judicial
11 district where the violation is alleged to have occurred or
12 where the employer has his principal office.
13 Section 21. Compliance order and penalties.
14 (a) Issuance and content of order.--If, upon inspection or
15 investigation of a complaint, the department finds that an
16 employer has violated any requirements of this act, it shall
17 with reasonable promptness issue to the employer an order to
18 comply. This order shall be in writing and shall specifically
19 describe the nature of the violation and shall state a
20 reasonable time period within which the violation must be
21 corrected by the employer.
22 (b) Civil penalty.--If the violation has not been corrected
23 within the time period, the department may levy a civil penalty
24 of not more than $1,000 per day for each violation.
25 (c) Hearing.--The employer may request the commissioner to
26 provide a hearing concerning any orders to comply, or penalties
27 levied upon the employer under this section, and the hearing
28 shall then be afforded in accordance with Title 2 of the
29 Pennsylvania Consolidated Statutes (relating to administrative
30 law and procedure). The employer may appeal the final decision
19830H1236B2567 - 25 -
1 of the department in accordance with Title 2 of the Pennsylvania
2 Consolidated Statutes.
3 (d) Advance notice of inspection.--Any person who gives
4 advance notice of any inspection to be conducted under this act,
5 without authority from the department, shall be assessed a civil
6 penalty of not more than $1,000.
7 (e) False statement.--Any person who knowingly makes any
8 false statement, representation or certification in any list,
9 record or other document required to be maintained pursuant to
10 this act shall be assessed a civil penalty of not more than
11 $10,000.
12 Section 22. Severability.
13 If any provision of this act or the application thereof to
14 any person or circumstances is held invalid, such invalidity
15 shall not affect other provisions or applications of the act
16 which can be given effect without the invalid provision or
17 application, and to this end the provisions of this act are
18 declared to be severable.
19 Section 23. Effective date.
20 This act shall take effect in six months.
21 SECTION 1. SHORT TITLE. <--
22 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE WORKER AND
23 COMMUNITY RIGHT TO KNOW ACT.
24 SECTION 2. DEFINITIONS.
25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
26 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
27 CONTEXT CLEARLY INDICATES OTHERWISE:
28 "ARTICLE." A MANUFACTURED ITEM WHICH IS FORMED TO A SPECIFIC
29 SHAPE OR DESIGN DURING MANUFACTURE, WHICH HAS END USE FUNCTIONS
30 DEPENDENT IN WHOLE OR IN PART UPON ITS SHAPE OR DESIGN DURING
19830H1236B2567 - 26 -
1 END USE, AND WHICH DOES NOT RELEASE, OR OTHERWISE RESULT IN
2 EXPOSURE TO, A HAZARDOUS CHEMICAL UNDER NORMAL CONDITIONS OF
3 USE.
4 "CHEMICAL." ANY ELEMENT, CHEMICAL COMPOUND OR MIXTURE OF
5 ELEMENTS OR COMPOUNDS, BUT SHALL NOT INCLUDE AN ARTICLE AS
6 DEFINED HEREIN, FOOD, COSMETICS, TOBACCO, OR PRODUCTS WHICH ARE
7 PRIMARILY INTENDED FOR SALE ON THE RETAIL MARKET TO THE GENERAL
8 PUBLIC AND ARE SEALED IN THE PACKAGES TO BE USED THEREWITH.
9 "CHEMICAL ABSTRACTS SERVICE NUMBER." THE UNIQUE
10 IDENTIFICATION NUMBER ASSIGNED BY THE CHEMICAL ABSTRACTS SERVICE
11 TO CHEMICALS.
12 "CHEMICAL NAME." THE SCIENTIFIC DESIGNATION OF A CHEMICAL IN
13 ACCORDANCE WITH THE NOMENCLATURE SYSTEM DEVELOPED BY THE
14 INTERNATIONAL UNION OF PURE AND APPLIED CHEMISTRY OR THE
15 CHEMICAL ABSTRACTS SERVICE RULES OF NOMENCLATURE.
16 "COMMON NAME." ANY DESIGNATION OR IDENTIFICATION SUCH AS A
17 GENERIC NAME, BY WHICH A SUBSTANCE IS COMMONLY OR GENERALLY
18 KNOWN, OTHER THAN BY ITS CHEMICAL NAME.
19 "CONTAINER." A RECEPTACLE USED TO HOLD A LIQUID, SOLID OR
20 GASEOUS SUBSTANCE INCLUDING, BUT NOT LIMITED TO, BOTTLES,
21 PIPELINES, BAGS, BARRELS, BOXES, CANS, CYLINDERS, DRUMS,
22 CARTONS, VESSELS, VATS AND STATIONARY OR MOBILE STORAGE TANKS.
23 THE TERM DOES NOT INCLUDE CONTAINERS OF ONE GALLON OR LESS INTO
24 WHICH SUBSTANCES ARE TRANSFERRED BY THE EMPLOYEE FROM LABELED
25 CONTAINERS AND WHICH ARE INTENDED ONLY FOR THE IMMEDIATE USE BY
26 THE EMPLOYEE WHO PERFORMS THE TRANSFER OR CONTAINERS WHICH ARE
27 PRIMARILY DESIGNED TO BE SOLD ON THE RETAIL MARKET FOR USE BY
28 THE GENERAL PUBLIC.
29 "DEPARTMENT." THE DEPARTMENT OF HEALTH.
30 "EMPLOYEE." ANY PERSON CURRENTLY OR FORMERLY WORKING FOR AN
19830H1236B2567 - 27 -
1 EMPLOYER, EXCEPT DOMESTIC OR CASUAL LABORERS EMPLOYED AT THE
2 EMPLOYER'S PLACE OF RESIDENCE.
3 "EMPLOYEE REPRESENTATIVE." AN INDIVIDUAL OR ORGANIZATION
4 AUTHORIZED BY AN EMPLOYEE OR EMPLOYEES TO EXERCISE HIS OR HER OR
5 THEIR RIGHTS TO REQUEST INFORMATION UNDER THIS ACT. A RECOGNIZED
6 OR CERTIFIED COLLECTIVE BARGAINING AGENT SHALL BE CONSIDERED TO
7 BE AN EMPLOYEE REPRESENTATIVE WITHOUT REGARD TO INDIVIDUAL
8 EMPLOYEE AUTHORIZATION.
9 "EMPLOYER." ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR
10 ASSOCIATION DOING BUSINESS IN THE COMMONWEALTH, INCLUDING THE
11 COMMONWEALTH, ITS POLITICAL SUBDIVISIONS INCLUDING SCHOOL
12 DISTRICTS AND ANY OFFICER, BOARD, COMMISSION, AGENCY, AUTHORITY,
13 OR OTHER INSTRUMENTALITY THEREOF.
14 "ENVIRONMENTAL HAZARD." ANY SUBSTANCE, EMISSION OR DISCHARGE
15 DETERMINED BY THE DEPARTMENT TO BE A HAZARDOUS SUBSTANCE AND
16 WHICH IS LIKELY TO POSE A DANGER IF RELEASED INTO THE
17 ENVIRONMENT, AND FOR WHICH A TRADE SECRET CLAIM SHALL NOT BE
18 GRANTED.
19 "EXPOSURE." EXPOSURE SHALL REFER TO AN EMPLOYEE BEING
20 SUBJECTED TO A CHEMICAL THROUGH ANY ROUTE OF ENTRY AND INCLUDES
21 PAST EXPOSURE AND POTENTIAL EXPOSURE WITHOUT REGARD TO THE USE
22 OF PERSONAL PROTECTIVE EQUIPMENT.
23 "HAZARDOUS SUBSTANCE." ANY SUBSTANCE OR MIXTURE DESIGNATED
24 AS HAZARDOUS BY THE DEPARTMENT PURSUANT TO SECTION 3.
25 "HAZARDOUS SUBSTANCE FACT SHEET." A WRITTEN DOCUMENT
26 PREPARED BY THE DEPARTMENT FOR THE PURPOSE OF TRANSMITTING
27 INFORMATION ABOUT A HAZARDOUS SUBSTANCE TO EMPLOYERS, EMPLOYEES
28 AND MEMBERS OF THE GENERAL PUBLIC.
29 "LABEL." A SIGN, EMBLEM, STICKER, OR MARKER AFFIXED TO OR
30 STENCILED ONTO A CONTAINER LISTING THE INFORMATION REQUIRED
19830H1236B2567 - 28 -
1 PURSUANT TO SECTION 6.
2 "MATERIAL SAFETY DATA SHEET." A WRITTEN DOCUMENT PREPARED BY
3 A SUPPLIER OR EMPLOYER IN CONFORMITY WITH THE REQUIREMENTS SET
4 FORTH IN THIS ACT, FOR THE PURPOSE OF TRANSMITTING INFORMATION
5 CONCERNING A CHEMICAL.
6 "MIXTURE." A COMBINATION OF TWO OR MORE CHEMICALS NOT
7 INVOLVING A CHEMICAL REACTION.
8 "NIOSH REGISTRY OF TOXIC EFFECTS OF CHEMICAL SUBSTANCES."
9 THE ON-LINE DATA BASE OF THE NATIONAL INSTITUTE FOR OCCUPATIONAL
10 SAFETY AND HEALTH REGISTRY OF TOXIC EFFECTS OF CHEMICAL
11 SUBSTANCES.
12 "OSHA." THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH
13 ADMINISTRATION.
14 "RESEARCH AND DEVELOPMENT LABORATORY." A SPECIALLY
15 DESIGNATED AREA USED PRIMARILY FOR RESEARCH, DEVELOPMENT AND
16 TESTING ACTIVITY, AND NOT PRIMARILY INVOLVED IN THE PRODUCTION
17 OF GOODS FOR COMMERCIAL SALE, IN WHICH HAZARDOUS SUBSTANCES ARE
18 USED BY OR UNDER THE DIRECT SUPERVISION OF A TECHNICALLY
19 QUALIFIED PERSON.
20 "SPECIAL HAZARDOUS SUBSTANCE." A HAZARDOUS SUBSTANCE SO
21 DESIGNATED BY THE DEPARTMENT BECAUSE ITS PARTICULAR TOXICITY,
22 TUMORIGENICITY, MUTAGENICITY, REPRODUCTIVE TOXICITY,
23 FLAMMABILITY, EXPLOSIVENESS, CORROSIVITY, OR REACTIVITY POSE A
24 SPECIAL HAZARD TO HEALTH AND SAFETY, AND FOR WHICH A TRADE
25 SECRET CLAIM SHALL NOT BE GRANTED.
26 "SUPPLIER." ANY INDIVIDUAL, PARTNERSHIP, CORPORATION,
27 ASSOCIATION OR OTHER PERSON, INSIDE OR OUTSIDE THIS
28 COMMONWEALTH, WHO MANUFACTURERS, SUPPLIES, IMPORTS OR
29 DISTRIBUTES ANY CHEMICAL FOR SALE, DISTRIBUTION OR USE WITHIN
30 THE COMMONWEALTH.
19830H1236B2567 - 29 -
1 "TRADE NAME." ANY DESIGNATION OR IDENTIFICATION SUCH AS A
2 CODE NAME OR NUMBER, OR A BRAND NAME, USED BY AN EMPLOYER OR
3 SUPPLIER TO IDENTIFY A CHEMICAL OTHER THAN BY ITS CHEMICAL OR
4 COMMON NAME.
5 "TRADE SECRET." ANY FORMULA, PLAN, PATTERN, PROCESS,
6 PRODUCTION DATA, INFORMATION, OR COMPILATION OF INFORMATION,
7 WHICH IS NOT PATENTED, WHICH IS KNOWN ONLY TO AN EMPLOYER AND A
8 LIMITED NUMBER OF OTHER INDIVIDUALS, AND WHICH IS USED IN THE
9 FABRICATION AND PRODUCTION OF AN ARTICLE OF TRADE OR SERVICE,
10 AND WHICH GIVES THE EMPLOYER POSSESSING IT A COMPETITIVE
11 ADVANTAGE OVER BUSINESSES WHO DO NOT POSSESS IT, OR THE SECRECY
12 OF WHICH IS CERTIFIED BY AN APPROPRIATE OFFICIAL OF THE FEDERAL
13 GOVERNMENT AS NECESSARY FOR NATIONAL DEFENSE PURPOSES.
14 "WORK AREA." ANY ROOM, SECTION OF A ROOM, OR OTHER IMMEDIATE
15 AREA WITHIN A WORKPLACE WHERE ONE OR MORE WORKERS ARE BASED FOR
16 THE REGULAR PERFORMANCE OF THEIR DUTIES.
17 "WORKPLACE." ANY BUILDING OR WORK AREA OR CONTIGUOUS GROUP
18 OF BUILDINGS OR WORK AREAS IN THIS COMMONWEALTH USED BY THE
19 EMPLOYER ON A PERMANENT OR TEMPORARY BASIS TO CONDUCT BUSINESS.
20 SECTION 3. HAZARD SURVEYS.
21 (A) HAZARDOUS SUBSTANCE LIST.--THE DEPARTMENT SHALL COMPILE
22 A LIST OF HAZARDOUS SUBSTANCES WHICH SHALL INCLUDE, BUT NOT BE
23 LIMITED TO, THE SUBSTANCES FOUND IN THE LATEST COMPILATION OR
24 ISSUE OF ANY ONE OF THE FOLLOWING LISTS:
25 (1) FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) LIST
26 OF TOXIC POLLUTANTS AND HAZARDOUS SUBSTANCES PREPARED
27 PURSUANT TO SECTIONS 307 AND 311 OF THE FEDERAL CLEAN WATER
28 ACT OF 1977 (33 U.S.C. §§ 1317, 1321).
29 (2) EPA LIST OF HAZARDOUS AIR POLLUTANTS PREPARED
30 PURSUANT TO SECTION 112 OF THE FEDERAL CLEAN AIR ACT (42
19830H1236B2567 - 30 -
1 U.S.C. § 7412).
2 (3) EPA LIST OF RESTRICTED USE PESTICIDES FOUND AT 40
3 CFR § 162.30.
4 (4) EPA CARCINOGEN ASSESSMENT GROUP'S LIST OF
5 CARCINOGENS.
6 (5) OSHA LIST OF TOXIC AND HAZARDOUS SUBSTANCES FOUND AT
7 29 CFR PART 1910, SUBPART Z.
8 (6) INTERNATIONAL AGENCY FOR RESEARCH ON CANCER SUBLIST
9 ENTITLED, "SUBSTANCES FOUND TO HAVE AT LEAST SUFFICIENT
10 EVIDENCE OF CARCINOGENICITY IN ANIMALS".
11 (7) NATIONAL TOXICOLOGY PROGRAM'S LIST OF SUBSTANCES
12 PUBLISHED IN THEIR LATEST ANNUAL REPORT ON CARCINOGENS.
13 (8) NATIONAL FIRE PROTECTION ASSOCIATION LIST FOUND IN
14 "HAZARDOUS CHEMICAL DATA (NFPA 49)".
15 (9) NATIONAL FIRE PROTECTION ASSOCIATION LIST FOUND IN
16 "FIRE HAZARD PROPERTIES OF FLAMMABLE LIQUIDS, GASES, VOLATILE
17 SOLIDS (NFPA 325M), BUT ONLY THOSE SUBSTANCES FOUND ON
18 SUBLISTS FOR HEALTH ITEMS, CATEGORIES 2, 3, 4; SUBLISTS FOR
19 REACTIVITY ITEMS, CATEGORIES 3, 4; SUBLISTS FOR FLAMMABILITY,
20 CATEGORIES 3, 4.
21 (10) AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL
22 HYGIENISTS LIST FOUND IN "THRESHOLD LIMIT VALUE FOR CHEMICAL
23 SUBSTANCES AND PHYSICAL AGENTS IN THE WORKPLACE";
24 (11) NATIONAL CANCER INSTITUTE SUBLIST ENTITLED,
25 "CARCINOGENS BIOASSAYS WITH AT LEAST EVIDENCE SUGGESTIVE OF
26 CARCINOGENIC EFFECT," BUT INCLUDING ONLY THOSE SUBSTANCES
27 WHICH SATISFY CRITERIA OF THE NATIONAL TOXICOLOGY PROGRAM
28 INDICATING SIGNIFICANT CARCINOGENIC EFFECT.
29 THE LIST SHALL FURTHER INCLUDE ANY OTHER SUBSTANCE DESIGNATED BY
30 THE DEPARTMENT AS A HAZARDOUS SUBSTANCE BECAUSE OF ITS KNOWN OR
19830H1236B2567 - 31 -
1 PROBABLE ADVERSE HUMAN OR ENVIRONMENTAL EFFECT. THESE LISTS
2 SHALL BE UPDATED OR EXPANDED BY THE DEPARTMENT AS NECESSARY IN
3 LIGHT OF NEW SCIENTIFIC EVIDENCE AND KNOWLEDGE. A COPY OF EACH
4 LIST AND ANY MODIFICATIONS THEREOF SHALL BE TRANSMITTED TO EVERY
5 EMPLOYER AS NECESSARY, TOGETHER WITH HAZARD SURVEY FORMS.
6 (B) SPECIAL AND ENVIRONMENTAL HAZARDS.--THE DEPARTMENT SHALL
7 DESIGNATE THOSE HAZARDOUS SUBSTANCES WHICH SHALL BE CONSIDERED
8 SPECIAL HAZARDOUS SUBSTANCES AND THOSE WHICH SHALL BE CONSIDERED
9 ENVIRONMENTAL HAZARDS. THE DEPARTMENT SHALL COMPILE SEPARATE
10 LISTS OF THE SPECIAL HAZARDOUS SUBSTANCES AND THE ENVIRONMENTAL
11 HAZARDS. THESE LISTS SHALL BE UPDATED, TRANSMITTED TO EMPLOYERS,
12 AND POSTED BY EMPLOYERS IN THE SAME MANNER AS THE HAZARDOUS
13 SUBSTANCE LIST.
14 (C) HAZARD SURVEY FORM.--EVERY EMPLOYER SHALL, UPON THE FORM
15 SUPPLIED BY THE DEPARTMENT, FILL OUT A HAZARD SURVEY FOR EACH
16 WORKPLACE PROVIDING CERTAIN INFORMATION FOR EACH HAZARDOUS
17 SUBSTANCE FOUND IN SAID WORKPLACE: PROVIDED, THAT THE DEPARTMENT
18 MAY BY REGULATION EXEMPT EMPLOYERS OR CERTAIN CLASSES THEREOF
19 FROM REPORTING ANY HAZARDOUS SUBSTANCE WHERE IT IS PRESENT IN
20 THE WORKPLACE IN AN AMOUNT LESS THEN 55 GALLONS OR 500 POUNDS:
21 PROVIDED, FURTHER, THAT SPECIAL HAZARDOUS SUBSTANCES AND
22 ENVIRONMENTAL HAZARDS SHALL BE REPORTED IN ANY AMOUNT.
23 (D) CONTENTS OF FORM.--THE HAZARD SURVEY FORM SHALL INCLUDE
24 BUT NOT BE LIMITED TO:
25 (1) THE CHEMICAL NAME OF THE SUBSTANCE AND ITS CHEMICAL
26 ABSTRACTS SERVICE NUMBER OR, IF NONE EXISTS, ITS COMMON NAME
27 OR TRADE NAME AS PROVIDED ON THE DEPARTMENT'S HAZARDOUS
28 SUBSTANCE LISTS.
29 (2) THE MAXIMUM QUANTITY OF THE SUBSTANCE PRESENT DURING
30 A YEAR.
19830H1236B2567 - 32 -
1 (E) ENVIRONMENTAL HAZARDS.--EVERY EMPLOYER SHALL FURTHER,
2 UPON A FORM SUPPLIED BY THE DEPARTMENT, FILL OUT AN
3 ENVIRONMENTAL HAZARD SURVEY FOR EACH WORKPLACE. FOR EACH
4 ENVIRONMENTAL HAZARD ON THE LIST, THE EMPLOYER SHALL SUPPLY THE
5 FOLLOWING ADDITIONAL INFORMATION ON THE HAZARD SURVEY FORM:
6 (1) THE TOTAL STACK OR POINT-SOURCE EMISSIONS OF THE
7 SUBSTANCE.
8 (2) THE TOTAL ESTIMATED FUGITIVE OR NONPOINT-SOURCE
9 EMISSIONS OF THE SUBSTANCE.
10 (3) THE TOTAL DISCHARGE OF THE SUBSTANCE INTO THE
11 SURFACE OR GROUNDWATER, THE TREATMENT METHODS, AND THE RAW
12 WASTEWATER VOLUME AND LOADINGS.
13 (4) THE TOTAL DISCHARGE OF THE SUBSTANCE INTO PUBLICLY-
14 OWNED TREATMENT WORKS.
15 (5) THE QUANTITY, AND METHODS OF DISPOSAL, OF ANY WASTES
16 CONTAINING THE SUBSTANCE, THE METHOD OF ON-SITE STORAGE OF
17 THESE WASTES, THE LOCATION OR LOCATIONS OF THE FINAL DISPOSAL
18 SITES FOR THESE WASTES AND THE IDENTITY OF THE HAULER OF THE
19 WASTES.
20 (F) SUBMISSION TO THE DEPARTMENT.--WITHIN 90 DAYS OF RECEIPT
21 OF THE FORMS FROM THE DEPARTMENT, EVERY EMPLOYER SHALL SUBMIT
22 THE COMPLETED HAZARD SURVEY FORM AND ENVIRONMENTAL SURVEY FORM
23 TO THE DEPARTMENT IN HARRISBURG, AND TO THE DEPARTMENT'S
24 REGIONAL OFFICE WHICH IS RESPONSIBLE FOR THE AREA IN WHICH THAT
25 WORKPLACE IS LOCATED. COPIES OF THE SURVEY FORMS SHALL BE KEPT
26 ON FILE AT THE EMPLOYER'S PRINCIPAL PLACE OF BUSINESS AND AT
27 EACH WORKPLACE WHERE EMPLOYEES WORK. THE DEPARTMENT SHALL
28 REQUIRE EVERY EMPLOYER TO UPDATE THE HAZARD SURVEY AND THE
29 ENVIRONMENTAL SURVEY FOR EACH WORKPLACE EVERY TWO YEARS.
30 (G) EXEMPTIONS FROM FILING.--THE DEPARTMENT MAY, BY
19830H1236B2567 - 33 -
1 REGULATION, EXEMPT CERTAIN GROUPS OR CLASSES OF EMPLOYERS FROM
2 FILING OR UPDATING HAZARD SURVEY FORMS AND/OR ENVIRONMENTAL
3 SURVEY FORMS, TAKING INTO ACCOUNT THE QUANTITY OF HAZARDS
4 SUBSTANCES AND/OR ENVIRONMENTAL HAZARDS THE EMPLOYER IS LIKELY
5 TO POSSESS OR DISCHARGE, THE LIKELY DANGER TO THE SURROUNDING
6 COMMUNITY POSED BY SAID EMPLOYERS, AND THE EFFECT THAT THE
7 ABSENCE OF SUCH INFORMATION MAY HAVE ON FUTURE EPIDEMIOLOGICAL
8 OR OTHER STUDIES: PROVIDED FURTHER, THAT UPON REQUEST BY ANYONE
9 TO THE DEPARTMENT FOR HAZARD INFORMATION NORMALLY CONTAINED ON
10 ONE OR MORE OF SAID SURVEY FORMS FOR A SPECIFIC EMPLOYER, THE
11 DEPARTMENT SHALL IMMEDIATELY NOTIFY SAID EMPLOYER, WHO SHALL
12 HAVE 20 DAYS IN WHICH TO COMPLETE THE REQUIRED FORMS AND FILE IT
13 WITH THE DEPARTMENT.
14 (H) RETENTION OF SURVEYS.--THE DEPARTMENT SHALL MAINTAIN A
15 FILE OF ALL COMPLETED HAZARD SURVEYS RECEIVED FROM EMPLOYERS.
16 EACH SURVEY RECEIVED SHALL BE RETAINED BY THE DEPARTMENT FOR 30
17 YEARS. THE DEPARTMENT SHALL ALSO RETAIN FOR 30 YEARS AT LEAST
18 ONE MATERIAL SAFETY DATE SHEET FOR EACH HAZARDOUS SUBSTANCE
19 TOGETHER WITH REVISIONS THEREOF.
20 SECTION 4. OBLIGATION OF SUPPLIERS.
21 (A) LABELING.--EVERY SUPPLIER, AS A CONDITION OF DOING
22 BUSINESS IN THIS COMMONWEALTH, SHALL INSURE THAT THE CONTAINER
23 OF ANY CHEMICAL WHICH IS DELIVERED TO A POINT WITHIN THIS
24 COMMONWEALTH OR WHICH IS PRODUCED WITHIN THIS COMMONWEALTH IS
25 CLEARLY LABELED IN THE MANNER REQUIRED BY SECTION 6.
26 (B) PROVISIONS OF MATERIAL SAFETY DATA SHEET.--EVERY
27 SUPPLIER, AS A CONDITION OF DOING BUSINESS IN THIS COMMONWEALTH,
28 SHALL PROVIDE A MATERIAL SAFETY DATA SHEET FOR EACH CHEMICAL
29 WHICH IS DELIVERED TO A POINT WITHIN THIS COMMONWEALTH. ONE COPY
30 OF THE MATERIAL SAFETY DATA SHEET SHALL BE TRANSMITTED TO THE
19830H1236B2567 - 34 -
1 RECIPIENT OF SAID SUBSTANCE AT THE TIME OF DELIVERY, AND ONE
2 COPY SHALL BE PROVIDED TO THE DEPARTMENT. THE SUPPLIER SHALL BE
3 REQUIRED TO SUPPLY NEW SHEETS TO THE DEPARTMENT ONLY AS THE
4 SHEETS ARE REVISED OR NEW INFORMATION IS DISCOVERED.
5 (C) CONTENTS OF MATERIAL SAFETY DATA SHEETS.--THE
6 INFORMATION IN THE MATERIAL SAFETY DATA SHEETS SHALL BE AT LEAST
7 AS COMPLETE AS THAT MAINTAINED BOTH BY THE NATIONAL LIBRARY OF
8 MEDICINE COMPUTER FILES AND THE LATEST EDITION OF THE NATIONAL
9 FIRE PROTECTION ASSOCIATION'S FIRE PROTECTION GUIDE ON HAZARDOUS
10 MATERIALS. IT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
11 FOLLOWING INFORMATION:
12 (1) THE CHEMICAL NAME, THE CHEMICAL ABSTRACTS SERVICE
13 NUMBER, THE TRADE NAME, COMMON NAMES, AND ANY OTHER NAMES
14 UNDER WHICH SAID SUBSTANCE IS REGULATED BY ANOTHER STATE OR
15 FEDERAL AGENCY.
16 (2) THE CHEMICAL NAME, COMMON NAME AND CHEMICAL
17 ABSTRACTS SERVICE NUMBER OF EVERY CHEMICAL CONTAINED IN THE
18 SUBSTANCE WHICH COMPRISES 3% OR MORE OF THE SUBSTANCE, EXCEPT
19 THAT HAZARDOUS SUBSTANCES SHALL BE LISTED IF THEY COMPRISE 1%
20 OR MORE OF THE SUBSTANCE, AND ALL SPECIAL HAZARDOUS
21 SUBSTANCES SHALL BE LISTED.
22 (3) A REFERENCE TO ALL RELEVANT INFORMATION ON THE
23 HAZARDOUS SUBSTANCE FROM THE NIOSH REGISTRY OF TOXIC EFFECTS
24 OF CHEMICAL SUBSTANCES.
25 (4) THE BOILING POINT, VAPOR PRESSURE, VAPOR DENSITY,
26 SOLUBILITY IN WATER, SPECIFIC GRAVITY, MELTING POINT,
27 PHYSICAL STATE, COLOR AND ODOROUS PROPERTIES AT STANDARD
28 CONDITIONS OF TEMPERATURE AND PRESSURE.
29 (5) THE FLASH POINT, AUTO IGNITION TEMPERATURE,
30 PERCENTAGE BY VOLUME OF FLAMMABLE LIMITS, THE RECOMMENDED
19830H1236B2567 - 35 -
1 FIRE EXTINGUISHING MEDIA, ANY SPECIAL FIREFIGHTING PROCEDURE
2 AND ANY OTHER UNUSUAL FIRE OR EXPLOSION HAZARDS.
3 (6) THE HAZARDS, IF ANY, POSED BY THE SUBSTANCE,
4 INCLUDING ITS TOXICITY, TUMORIGENICITY, MUTAGENICITY,
5 REPRODUCTIVE TOXICITY, FLAMMABILITY, EXPLOSIVENESS,
6 CORROSIVITY AND REACTIVITY, INCLUDING SPECIFIC INFORMATION ON
7 ITS REACTIVITY WITH WATER.
8 (7) A DESCRIPTION, IN NONTECHNICAL LANGUAGE, OF THE
9 ACUTE AND CHRONIC HEALTH EFFECTS OF EXPOSURE TO THE
10 SUBSTANCE, INCLUDING THE SIGNS AND SYMPTOMS OF EXPOSURE, AND
11 MEDICAL CONDITIONS THAT MIGHT BE AGGRAVATED BY EXPOSURE.
12 (8) THE PERMISSIBLE EXPOSURE LEVEL, THRESHOLD LIMIT
13 VALUE, SHORT-TERM, CEILING, AND OTHER ESTABLISHED LIMIT
14 VALUES AS SET BY OSHA, NATIONAL INSTITUTE OF OCCUPATIONAL
15 SAFETY AND HEALTH, AMERICAN INDUSTRIAL HYGIENE ASSOCIATION,
16 AND AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL
17 HYGIENISTS.
18 (9) THE POTENTIAL ROUTES AND SYMPTOMS OF EXPOSURE TO THE
19 HAZARDOUS SUBSTANCE.
20 (10) EMERGENCY FIRST AID PROCEDURES IN CASE OF
21 INHALATION, SWALLOWING, EYE SPLASHES, AND SKIN CONTAMINATION,
22 INCLUDING A TELEPHONE NUMBER TO BE CALLED DAY OR NIGHT IN AN
23 EMERGENCY, AND ANY SPECIAL INFORMATION NEEDED BY MEDICAL
24 PRACTITIONERS TREATING PERSONS.
25 (11) THE APPROPRIATE EMERGENCY AND FIRST AID PROCEDURES
26 FOR SPILLS, FIRES, POTENTIAL EXPLOSIONS, AND ACCIDENTAL OR
27 UNPLANNED EMISSIONS INVOLVING THE HAZARDOUS SUBSTANCE.
28 (12) RECOMMENDED WASTE DISPOSAL METHOD.
29 (13) PERSONAL PROTECTIVE EQUIPMENT TO BE WORN OR USED
30 WHEN HANDLING OR OTHERWISE COMING IN CONTACT WITH THE
19830H1236B2567 - 36 -
1 SUBSTANCE, AND ANY SPECIAL PRECAUTIONS, RECOMMENDED
2 ENGINEERING CONTROLS OR WORK PRACTICES TO BE USED IN HANDLING
3 THE SUBSTANCE.
4 (14) A DESCRIPTION OF THE EXTENT OF TESTING PERFORMED ON
5 THE SUBSTANCE AND AN INDICATION OF WHAT ASPECTS HAVE NOT BEEN
6 TESTED.
7 (15) A DESCRIPTION OF THE KNOWN OR POSSIBLE SYNERGISTIC
8 OR ADDITIVE EFFECTS CAUSED BY EXPOSURE TO THIS SUBSTANCE AND
9 TO OTHER SUBSTANCES OVER THE SAME PERIOD OF TIME.
10 (16) FOR MIXTURES, A DESCRIPTION OF ANY DANGERS OR
11 HAZARDS CREATED BY THE MIXTURE THAT ARE GREATER THAN AND/OR
12 WOULD NOT BE OTHERWISE DISCLOSED BY THE HAZARDOUS SUBSTANCE
13 FACT SHEETS FOR THE CONSTITUENT CHEMICAL SUBSTANCES.
14 (17) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
15 MANUFACTURER OF THE CHEMICAL.
16 (18) DATE OF PREPARATION OR LAST REVISION OF THE SHEET.
17 (D) CHEMICAL IDENTIFICATION SHEET.--AN EMPLOYER OR SUPPLIER
18 MAY, FOR CONVENIENCE, PROVIDE THE INFORMATION REQUESTED IN
19 SUBSECTION (C)(2) BY AFFIXING A CHEMICAL IDENTIFICATION SHEET
20 CONTAINING SAID INFORMATION TO AN ALREADY EXISTING MSDS, AND IT
21 SHALL BE CONSIDERED AN INTEGRAL PART OF THE MSDS.
22 SECTION 5. AVAILABILITY OF INFORMATION.
23 (A) DISSEMINATION TO LOCAL AGENCIES.--THE DEPARTMENT SHALL
24 ENSURE THAT EACH OF ITS REGIONAL OFFICES MAKES AVAILABLE TO THE
25 PUBLIC THE COMPLETED SURVEY FORMS, MSDS'S, AND OTHER INFORMATION
26 REQUIRED UNDER THIS ACT. THE DEPARTMENT SHALL FURTHER MAKE
27 IMMEDIATELY AVAILABLE ANY AND ALL COMPLETED SURVEY FORMS AND
28 MSDS'S FOR A PARTICULAR COUNTY TO THE APPROPRIATE LOCAL POLICE,
29 FIRE OR OTHER EMERGENCY RESPONSE AGENCY, UPON SAID AGENCIES
30 REQUEST.
19830H1236B2567 - 37 -
1 (B) NEW INFORMATION.--WHENEVER A SUPPLIER RECEIVES OR
2 DISCOVERS ANY RELEVANT NEW INFORMATION REGARDING A HAZARDOUS
3 SUBSTANCE, THE EMPLOYER SHALL MAKE SUCH INFORMATION AVAILABLE TO
4 THE DEPARTMENT AND TO ALL EMPLOYERS TO WHICH THE SUPPLIER
5 PROVIDES SAID SUBSTANCE. THE EMPLOYER SHALL IN TURN MAKE SUCH
6 INFORMATION AVAILABLE TO EMPLOYEES AND THE EMPLOYEES'
7 REPRESENTATIVES, UPON RECEIPT OF SUCH NEW INFORMATION.
8 (C) COPY OF DATA AVAILABLE TO EMPLOYEES.--AN EMPLOYER SHALL
9 FURNISH, UPON THE REQUEST OF AN EMPLOYEE OR EMPLOYEE
10 REPRESENTATIVE, ANY OF THE FOLLOWING:
11 (1) ANY HAZARD SURVEY AND/OR ENVIRONMENTAL HAZARD FOR
12 THAT WORKPLACE.
13 (2) ANY MATERIAL SAFETY DATA SHEET FOR ANY CHEMICAL
14 PRESENT IN ANY OF THE EMPLOYER'S WORKPLACES.
15 SAID INFORMATION SHALL BE FURNISHED WITHIN 72 HOURS OF THE
16 REQUEST THEREFORE. IF THE INFORMATION IS NOT PROVIDED WITHIN 72
17 HOURS, THE EMPLOYEE MAY REFUSE TO WORK, WITHOUT DISCIPLINE, LOSS
18 OF PAY, OR OTHER RETALIATION BY THE EMPLOYER, WITH ANY HAZARDOUS
19 SUBSTANCE DESCRIBED IN THE REQUESTED WRITTEN MATERIALS UNTIL
20 THEY ARE MADE AVAILABLE. IT IS THE RESPONSIBILITY OF THE
21 EMPLOYER TO INSURE THAT AN ADEQUATE NUMBER OF COPIES OF THE
22 HAZARD SURVEYS, MATERIAL SAFETY DATA SHEETS AND HAZARDOUS
23 SUBSTANCE FACT SHEETS ARE AVAILABLE TO MEET THE DEMANDS OF
24 EMPLOYEES.
25 (D) INFORMATION IN THE WORK AREA.--EVERY EMPLOYER SHALL POST
26 IN EVERY WORK AREA THE MATERIAL SAFETY DATA SHEET FOR EVERY
27 SUBSTANCE TO WHICH THE EMPLOYEES WORKING IN SAID WORK AREA MAY
28 BE EXPOSED. THIS POSTING SHALL BE IN SUCH A MANNER AND IN SUCH
29 NUMBERS AS TO GIVE EVERY EMPLOYEE IN THAT WORK AREA EASY AND
30 UNHINDERED ACCESS TO THE MATERIAL SAFETY DATA SHEETS WITHOUT
19830H1236B2567 - 38 -
1 PERMISSION OR INTERVENTION OF MANAGEMENT OR ANY SUPERVISOR.
2 (E) LIMITATION ON FEES.--ALL MATERIAL SAFETY DATA SHEETS,
3 HAZARD SURVEYS, EDUCATIONAL AND OTHER MATERIALS SHALL BE
4 FURNISHED BY AN EMPLOYER TO AN EMPLOYEE OR EMPLOYEE
5 REPRESENTATIVE AT NO COST TO THE EMPLOYEE OR EMPLOYEE
6 REPRESENTATIVE. IF THE EMPLOYEE MAKING THE REQUEST HAS REQUESTED
7 AND RECEIVED THE SAME INFORMATION ABOUT THE SAME SUBSTANCE
8 WITHIN THE PRECEDING 12 MONTHS, THE EMPLOYER MAY IMPOSE A
9 REASONABLE CHARGE NOT TO EXCEED THE COSTS OF REPRODUCTION FOR
10 THAT INFORMATION. NO FEE SHALL BE CHARGED IF THE EMPLOYEE'S JOB
11 ASSIGNMENT HAS CHANGED OR THERE IS NEW INFORMATION AVAILABLE
12 CONCERNING ANY OF THE SUBJECTS ABOUT WHICH INFORMATION IS
13 REQUIRED TO BE PROVIDED. IN NO EVENT SHALL THE EMPLOYER CHARGE
14 FEES PURSUANT TO REQUESTS BY A CERTIFIED OR RECOGNIZED
15 BARGAINING AGENT.
16 (F) PUBLIC ACCESS.--ANY PERSON MAY REQUEST FROM THE
17 DEPARTMENT A COPY OF THE HAZARD SURVEY FOR A WORKPLACE OR
18 EMPLOYER, AND ANY MATERIAL SAFETY DATA SHEET OR HAZARDOUS
19 SUBSTANCE FACT SHEET ON FILE AND THE DEPARTMENT SHALL TRANSMIT
20 THE REQUESTED MATERIAL WITHIN 30 DAYS: PROVIDED, THAT IF A
21 REQUESTED HAZARD SURVEY FORM IS NOT IN THE DEPARTMENT'S
22 POSSESSION BY OPERATION OF SECTION 3(G), THE DEPARTMENT MAY
23 RESPOND WITHIN 45 DAYS. ANY REQUEST SHALL BE TREATED BY THE
24 DEPARTMENT AS CONFIDENTIAL AS TO THE NAME AND ADDRESS OF THE
25 REQUESTOR. THE DEPARTMENT SHALL ALSO MAKE MATERIALS FOR ITS
26 RESPECTIVE REGIONS IMMEDIATELY AVAILABLE DURING BUSINESS HOURS
27 FROM ITS REGIONAL OFFICES. MATERIALS SHALL BE AVAILABLE AT A FEE
28 NOT TO EXCEED THE COST OF REPRODUCING THEM.
29 SECTION 6. LABELING.
30 (A) CONTAINERS.--THE EMPLOYER SHALL ENSURE THAT THE
19830H1236B2567 - 39 -
1 CONTAINER OF EACH CHEMICAL IN EACH WORKPLACE IS LABELED WITH THE
2 FOLLOWING INFORMATION CONCERNING THE SUBSTANCE OR SUBSTANCES
3 CONTAINED THEREIN;
4 (1) THE CHEMICAL NAME AND CHEMICAL ABSTRACTS SERVICE
5 NUMBER.
6 (2) A HAZARD WARNING AS PROVIDED IN SUBSECTION (F).
7 (3) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
8 MANUFACTURER OF THE SUBSTANCE.
9 THE EMPLOYER SHALL ENSURE THAT EACH LABEL IS PROMINENTLY AFFIXED
10 TO THE CONTAINER OR THE PIPING SYSTEM AND DISPLAYED IN SUCH A
11 MANNER THAT EMPLOYEES CAN EASILY IDENTIFY THE CHEMICAL IN THAT
12 CONTAINER. THESE LABELING REQUIREMENTS MAY BE ALTERED ONLY IN
13 ACCORDANCE WITH SUBSECTIONS (C) AND (E) OR SECTION 11. THE
14 EMPLOYER SHALL NOT REMOVE OR DEFACE EXISTING LABELS ON INCOMING
15 CONTAINERS OF CHEMICALS UNLESS THE CONTAINER IS IMMEDIATELY
16 RELABELED WITH THE REQUIRED INFORMATION. THE EMPLOYER NEED NOT
17 AFFIX NEW LABELS TO COMPLY WITH THIS SECTION IF EXISTING LABELS
18 ALREADY CONVEY THE REQUIRED INFORMATION.
19 (B) MIXTURES.--IF A CONTAINER CONTAINS A MIXTURE, IT SHALL
20 HAVE A LABEL THAT IDENTIFIES THE MIXTURE BY ITS COMMON NAME. IF
21 NO COMMON NAME EXISTS, THE LABEL MAY USE A TRADE NAME. THE LABEL
22 SHALL FURTHER CONTAIN THE CHEMICAL NAME AND CHEMICAL ABSTRACT
23 SERVICE NUMBER OF EVERY HAZARDOUS SUBSTANCE CONTAINED IN THE
24 MIXTURE. THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO A
25 HAZARDOUS SUBSTANCE CONSTITUTING LESS THAN 1% OF A MIXTURE
26 UNLESS THE SUBSTANCE IS A SPECIAL HAZARDOUS SUBSTANCE.
27 (C) PIPELINES.--THE CONTENT OF A PIPELINE SYSTEM SHALL BE
28 IDENTIFIED BY LABELS APPLIED ON THE PIPE BODY AT ALL VALVES,
29 OUTLETS, VENTS, DRAINS AND SAMPLE CONNECTIONS DESIGNED TO ALLOW
30 THE RELEASE OF A SUBSTANCE FROM THE PIPELINE.
19830H1236B2567 - 40 -
1 (D) RESEARCH AND DEVELOPMENT LABORATORIES.--EMPLOYERS MAY
2 LABEL CONTAINERS IN A RESEARCH AND DEVELOPMENT LABORATORY BY
3 MEANS OF A CODE OF NUMBER SYSTEM, IF THE CODE OR NUMBER SYSTEM
4 WILL ENABLE A EMPLOYEE TO READILY MAKE A CROSS REFERENCE TO
5 DOCUMENTARY MATERIAL RETAINED ON FILE BY THE EMPLOYER AT THE
6 FACILITY WHICH WILL PROVIDE THE EMPLOYEE WITH THE CHEMICAL NAME
7 AND CHEMICAL ABSTRACTS SERVICE NUMBER OF THE SUBSTANCE WITHIN
8 THE CONTAINER, EXCEPT AS PROVIDED IN SUBSECTION (E). THE CODE OF
9 NUMBER SYSTEM SHALL BE DESIGNED TO ALLOW THE EMPLOYEE FREE AND
10 READY ACCESS TO ALL TIMES TO THE CHEMICAL NAME AND CHEMICAL
11 ABSTRACTS SERVICE NUMBER OF THE SUBSTANCE IN THE CONTAINER,
12 SHALL BE DESIGNED TO ALLOW THE EMPLOYEE ACCESS TO THIS
13 INFORMATION WITHOUT THE PERMISSION OR ASSISTANCE OF MANAGEMENT
14 AND SHALL BE AVAILABLE TO THE EMPLOYEE IN CLOSE PROXIMITY TO HIS
15 SPECIFIC JOB LOCATION OR LOCATIONS.
16 (E) COMMON NAME USAGE.--WITHIN ONE YEAR AFTER THE DATE THIS
17 ACT BECOMES LAW, THE DEPARTMENT SHALL ADOPT A LIST OF
18 SUBSTANCES, THE CONTAINERS OF WHICH MAY BE LABELED WITH A COMMON
19 OR TRADE NAME AND CHEMICAL ABSTRACTS SERVICE NUMBER OF THEIR
20 CONTENTS. THIS LIST SHALL BE AMENDED BY THE DEPARTMENT AS
21 NEEDED. THE DEPARTMENT SHALL INCLUDE ON THE LIST ADOPTED
22 PURSUANT TO THIS SUBSECTION ONLY SUBSTANCES WHICH ARE WIDELY OR
23 MORE EFFECTIVELY RECOGNIZED BY THIS COMMON NAME. WITH RESPECT TO
24 ANY SUBSTANCE LISTED IN THE NIOSH REGISTRY OF TOXIC EFFECTS OF
25 CHEMICAL SUBSTANCES, THE DEPARTMENT SHALL ONLY PERMIT THE USE OF
26 ANY COMMON OR TRADE NAME LISTED IN SAID REGISTRY. AN EMPLOYER
27 SHALL PROVIDE THE CHEMICAL NAME OF A SUBSTANCE IN A CONTAINER
28 LABELED PURSUANT TO THIS SUBSECTION WITHIN 72 HOURS OF THE
29 REQUEST THEREOF.
30 (F) HAZARD WARNINGS.--EACH EMPLOYER SHALL ENSURE THAT
19830H1236B2567 - 41 -
1 CONTAINER LABELS PROVIDE A WARNING AS TO THE SPECIFIC NATURE OF
2 HAZARD ARISING FROM THE SUBSTANCE IN THE CONTAINER. THE HAZARD
3 WARNINGS SHALL BE GIVEN IN CONFORMITY WITH ONE OF THE NATIONALLY
4 RECOGNIZED AND ACCEPTED SYSTEMS OF PROVIDING SUCH WARNINGS AND
5 SHALL BE CONSISTENT THROUGHOUT THE WORKPLACE.
6 (G) EXEMPTIONS.--THIS SECTION DOES NOT REQUIRE LABELING OF
7 CONTAINERS WHICH CONTAIN:
8 (1) ANY PESTICIDE AS SUCH TERM IS DEFINED IN THE FEDERAL
9 INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (7 U.S.C. § 135 ET
10 SEQ.).
11 (2) ANY FOOD, DRUG OR COSMETIC AS SUCH TERMS ARE DEFINED
12 IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT (21 U.S.C. § 301
13 ET SEQ.).
14 (3) ANY DISTILLED SPIRITS (BEVERAGE ALCOHOLS), WINE OR
15 MALT BEVERAGE INTENDED FOR NONINDUSTRIAL USE, AS SUCH TERMS
16 ARE DEFINED IN THE FEDERAL ALCOHOL ADMINISTRATION ACT (27
17 U.S.C. § 201 ET SEQ.): PROVIDED SAID CONTAINERS ARE LABELED
18 AS REQUIRED UNDER APPLICABLE FEDERAL LAWS AND REGULATIONS.
19 SECTION 7. NOTICE.
20 EVERY EMPLOYER SHALL PROMINENTLY POST IN EVERY WORKPLACE, IN
21 A LOCATION OR LOCATIONS WHERE NOTICES TO EMPLOYEES ARE NORMALLY
22 POSTED:
23 (1) LISTS OF ALL HAZARDOUS SUBSTANCES AND SPECIAL
24 HAZARDOUS SUBSTANCES FOUND IN THAT WORKPLACE AND ALL
25 ENVIRONMENTAL HAZARDS EMITTED OR DISCHARGED THEREFROM.
26 (2) NOTIFICATION TO EMPLOYEES AND THEIR REPRESENTATIVES
27 OF THEIR RIGHTS UNDER THIS ACT.
28 (3) ALL OTHER NOTICES REQUIRED BY THE DEPARTMENT TO BE
29 POSTED.
30 SECTION 8. EMPLOYEE EDUCATION PROGRAM.
19830H1236B2567 - 42 -
1 (A) REQUIREMENT.--EVERY EMPLOYER SHALL INSTITUTE AN ANNUAL
2 EDUCATION AND TRAINING PROGRAM FOR EMPLOYEES EXPOSED TO
3 HAZARDOUS SUBSTANCES. ADDITIONAL INSTRUCTION SHALL BE PROVIDED
4 WHENEVER THE POTENTIAL FOR EXPOSURE TO SUCH SUBSTANCES IS
5 ALTERED OR WHENEVER NEW INFORMATION IS RECEIVED BY THE EMPLOYER.
6 ALL NEW EMPLOYEES SHALL BE PROVIDED WITH THE TRAINING AND
7 EDUCATION PROGRAM WITHIN THE FIRST 30 DAYS OF EMPLOYMENT.
8 (B) CONTENT OF PROGRAM.--THE EDUCATION AND TRAINING PROGRAM
9 SHALL BE PRESCRIBED BY THE DEPARTMENT AND SHALL INCLUDE, BUT IS
10 NOT LIMITED TO, THE IDENTITY, LOCATION, PROPERTIES, SAFE
11 HANDLING, EMERGENCY TREATMENT, ACUTE AND CHRONIC HEALTH EFFECTS
12 AND PROPER CLEANUP PROCEDURES WITH RESPECT TO HAZARDOUS
13 SUBSTANCES IN THAT WORKPLACE, AS WELL AS GENERAL SAFETY
14 INSTRUCTION FOR THE SAFE HANDLING OF CHEMICALS GENERALLY.
15 (C) EDUCATIONAL ASSISTANCE.--THE DEPARTMENT SHALL PROVIDE
16 EDUCATION AND TRAINING ASSISTANCE FOR THOSE EMPLOYERS WHO
17 BECAUSE OF SIZE OR OTHER PRACTICAL CONSIDERATIONS ARE UNABLE TO
18 DEVELOP SUCH PROGRAMS BY THEMSELVES.
19 SECTION 9. HEALTH AND EXPOSURE RECORDS.
20 (A) GENERAL RULE.--UPON REQUEST BY THE DEPARTMENT, EMPLOYERS
21 SHALL PROVIDE COPIES OF EMPLOYEE HEALTH AND EXPOSURE RECORDS
22 MAINTAINED BY THE EMPLOYER, INCLUDING, BUT NOT LIMITED TO, THOSE
23 RECORDS MAINTAINED AND SUPPLIED TO THE FEDERAL GOVERNMENT BY
24 EMPLOYERS AS MANDATED UNDER APPLICABLE STATE AND FEDERAL
25 STATUTES AND REGULATIONS EXCEPT AS ACCESS BY THIRD PARTIES IS
26 LIMITED BY SAID STATUTES AND REGULATIONS.
27 (B) EMPLOYEE INFORMATION.--UPON REQUEST BY THE DEPARTMENT,
28 EMPLOYERS SHALL PROVIDE THE NAMES AND ADDRESSES OF PRESENT AND
29 FORMER EMPLOYEES WHENEVER THE DEPARTMENT DETERMINES THAT THERE
30 IS A HEALTH RISK OR DISEASE RELATING TO THE EXPOSURE OF
19830H1236B2567 - 43 -
1 EMPLOYEES TO ANY CHEMICAL SUBSTANCE. THE DEPARTMENT IS
2 AUTHORIZED TO NOTIFY EMPLOYEES WHEN NECESSARY OF PREVIOUS
3 EXPOSURE TO SUBSTANCES WHICH HAVE BEEN FOUND OR ARE BELIEVED TO
4 CAUSE SERIOUS HEALTH PROBLEMS.
5 (C) CERTAIN INFORMATION CONFIDENTIAL.--THE DEPARTMENT SHALL
6 NOT RELEASE ANY INFORMATION IN A WAY THAT IDENTIFIES
7 INDIVIDUALS. THE DEPARTMENT MAY, HOWEVER, PUBLISH ANALYSIS OF
8 REPORTS AND INFORMATION FOR SCIENTIFIC AND PUBLIC HEALTH
9 PURPOSES IF THE IDENTIFIES OF THE INDIVIDUALS CONCERNED CANNOT
10 BE ASCERTAINED AND IF INFORMATION PROTECTED BY APPLICABLE TRADE
11 SECRET LAW IS NOT DIVULGED.
12 (D) RECORDS RETENTION REQUIREMENT.--THE DEPARTMENT SHALL
13 REQUIRE AN EMPLOYER TO KEEP RECORDS OF HIS EMPLOYEES' EXPOSURE
14 TO SPECIFIC CHEMICAL SUBSTANCES WHERE SUCH RECORDS WILL BE OF
15 USE IN DETERMINING THE EFFICIENCY OF THE CURRENT THRESHOLD LIMIT
16 VALUES FOR THOSE SUBSTANCES. SUCH RECORDS MAY BE USED FOR THE
17 PURPOSE OF CONDUCTING EPIDEMIOLOGIC STUDIES IN OCCUPATIONAL
18 HEALTH.
19 (E) EMPLOYEE ACCESS.--EMPLOYEES UNDER THIS ACT SHALL HAVE
20 THE RIGHT OF ACCESS TO EXPOSURE AND MEDICAL RECORDS IN THE
21 MANNER SET FORTH BY OSHA PURSUANT TO 29 CFR PART 1910.20, AS
22 EFFECTIVE AUGUST 21, 1980.
23 SECTION 10. OUTREACH PROGRAMS.
24 (A) DUTY OF THE DEPARTMENT.--THE DEPARTMENT SHALL DEVELOP
25 AND IMPLEMENT OUTREACH PROGRAMS TO INFORM EMPLOYEES AND THE
26 GENERAL PUBLIC OF THEIR RESPECTIVE RIGHTS UNDER THIS ACT AND TO
27 EDUCATE AND INFORM EMPLOYERS, EMPLOYEES AND THE PUBLIC
28 CONCERNING HAZARDOUS AND OTHER DANGEROUS SUBSTANCES, INCLUDING,
29 BUT NOT LIMITED TO, THEIR DANGERS, THEIR PROPER HANDLING AND
30 DISPOSAL AND EMERGENCY TREATMENT. THE DEPARTMENT SHALL PREPARE
19830H1236B2567 - 44 -
1 THIS INFORMATION IN A CLEAR AND CONCISE MANNER USING WORDS WITH
2 COMMON AND EVERYDAY MEANINGS. THE DEPARTMENT SHALL ALSO ENSURE
3 THAT ALL WRITTEN MATERIALS ARE AVAILABLE IN SPANISH, INCLUDING
4 THE FORMS FOR REPORTING SURVEYS, DEPARTMENTAL NOTICES, HAZARDOUS
5 SUBSTANCE FACT SHEETS, EDUCATIONAL AND PUBLIC INFORMATION
6 MATERIALS.
7 (B) CONTRACTS WITH OTHER AGENCIES TO DEVELOP PROGRAM.--THE
8 DEPARTMENT MAY CONTRACT WITH PUBLIC AND PRIVATE ORGANIZATIONS TO
9 DEVELOP AND IMPLEMENT THE OUTREACH AND EMPLOYEE EDUCATION
10 PROGRAMS ESTABLISHED PURSUANT TO THIS ACT.
11 (C) PUBLIC INFORMATION.--AS PART OF THE OUTREACH PROGRAMS,
12 THE DEPARTMENT SHALL DEVELOP AND MAINTAIN A SUPPLY OF
13 INFORMATIONAL LEAFLETS IN PUBLIC BUILDINGS, INCLUDING EMPLOYMENT
14 SERVICES, OFFICES OF THE OFFICE OF EMPLOYMENT SECURITY,
15 INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF
16 THE DEPARTMENT, HOSPITALS, UNION HALLS, COMMUNITY CENTERS,
17 SCHOOLS AND LOCAL AGENCIES PROVIDING SERVICES TO EMPLOYERS AND
18 EMPLOYEES. THE DEPARTMENT SHALL MAIL THESE LEAFLETS TO EMPLOYERS
19 AND SHALL PERIODICALLY DISTRIBUTE PUBLIC SERVICE ANNOUNCEMENTS
20 TO NEWSPAPERS, TELEVISION AND RADIO STATIONS THROUGHOUT THE
21 COMMONWEALTH TO FURTHER THE GOALS OF THE OUTREACH PROGRAM.
22 (D) HAZARDOUS SUBSTANCE FACT SHEETS.--THE DEPARTMENT MAY
23 PRODUCE AND DISSEMINATE TO THE PUBLIC A HAZARDOUS SUBSTANCE FACT
24 SHEET FOR ANY HAZARDOUS SUBSTANCE. THE CATEGORIES OF INFORMATION
25 CONTAINED THEREIN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
26 INFORMATION CONTAINED IN A MATERIAL SAFETY DATA SHEET. THE
27 DEPARTMENT MAY REQUIRE EMPLOYERS TO SUPPLY THE HAZARDOUS
28 SUBSTANCE FACT SHEET TO REQUESTING EMPLOYEES INSTEAD OF THE
29 SUPPLIER'S MATERIAL SAFETY DATA SHEET.
30 SECTION 11. TRADE SECRETS.
19830H1236B2567 - 45 -
1 (A) TRADE SECRET CLAIM.--IF AN EMPLOYER BELIEVES THAT
2 DISCLOSING INFORMATION REQUIRED BY THIS ACT WILL REVEAL A TRADE
3 SECRET, HE MAY FILE WITH THE DEPARTMENT A TRADE SECRET CLAIM AS
4 HEREIN PROVIDED. NO CLAIM MAY BE GRANTED WITH RESPECT TO ANY
5 SPECIAL HAZARDOUS SUBSTANCE OR ENVIRONMENTAL HAZARD.
6 (B) CONTENT AND TIME OF FILING.--AN EMPLOYER SHALL FILE A
7 TRADE SECRET CLAIM CONCERNING A HAZARD SURVEY FORM AT THE SAME
8 TIME AS THE COMPLETED FORM IS DUE TO BE FILED WITH THE
9 DEPARTMENT. TWO COPIES OF THE HAZARD SURVEY SHALL BE SUBMITTED,
10 ONE WITH THE INFORMATION FOR WHICH A TRADE SECRET CLAIM IS BEING
11 MADE CONCEALED, AND ONE IN AN ENVELOPE MARKED "CONFIDENTIAL"
12 CONTAINING THE INFORMATION FOR WHICH A TRADE SECRET CLAIM IS
13 BEING MADE, WHICH THE DEPARTMENT, DURING THE PENDENCY OF THE
14 TRADE SECRET CLAIM, SHALL KEEP IN A LOCKED FILE OR ROOM. ON THE
15 COPIES OF THE HAZARD SURVEY SENT TO THE REGIONAL OFFICE AND
16 RETAINED ON FILE AT THE EMPLOYER'S WORKPLACE, THE EMPLOYER SHALL
17 CONCEAL ONLY THAT INFORMATION FOR WHICH HE IS MAKING A TRADE
18 SECRET CLAIM.
19 (C) REGISTRY NUMBER.--IF A SUPPLIER OR EMPLOYER CLAIMS THAT
20 LABELING A CONTAINER OR REVEALING CERTAIN INFORMATION ON A
21 MATERIAL SAFETY DATA SHEET PURSUANT TO THIS ACT WOULD REVEAL A
22 TRADE SECRET, HE SHALL FILE A TRADE SECRET CLAIM WITH THE
23 DEPARTMENT. UPON RECEIPT OF THE TRADE SECRET CLAIM, THE
24 DEPARTMENT SHALL ASSIGN A TRADE SECRET REGISTRY NUMBER TO THE
25 CLAIM, AND TRANSMIT THE NUMBER TO THE EMPLOYER OR SUPPLIER. UPON
26 RECEIPT OF THE NUMBER, THE EMPLOYER OR SUPPLIER SHALL AFFIX IT
27 TO EACH CONTAINER CONTAINING A SUBSTANCE FOR WHICH THE TRADE
28 SECRET CLAIM WAS MADE, AND SHALL AFFIX THE NUMBER TO THE HAZARD
29 SURVEY FORM AND MATERIAL SAFETY DATA SHEET DISTRIBUTED IN THIS
30 COMMONWEALTH FOR THAT SUBSTANCE.
19830H1236B2567 - 46 -
1 (D) DETERMINATIONS AND HEARINGS.--THE DEPARTMENT SHALL MAKE
2 A DETERMINATION OF THE VALIDITY OF A TRADE SECRET CLAIM WITHIN
3 60 DAYS AFTER RECEIPT. UPON MAKING A DETERMINATION OF THE
4 VALIDITY OF A TRADE SECRET CLAIM, THE DEPARTMENT SHALL INFORM
5 THE EMPLOYER OF THE DETERMINATION BY CERTIFIED MAIL. IF THE
6 DEPARTMENT DETERMINES THAT THE EMPLOYER'S TRADE SECRET CLAIM IS
7 NOT VALID, THE EMPLOYER SHALL HAVE 30 DAYS FROM THE RECEIPT OF
8 THE DEPARTMENT'S DETERMINATION TO FILE WITH THE DEPARTMENT A
9 WRITTEN REQUEST FOR AN ADMINISTRATIVE HEARING ON THE
10 DETERMINATION. IF THE EMPLOYER DOES NOT FILE SUCH A REQUEST
11 WITHIN 30 DAYS, THE DEPARTMENT SHALL TAKE ACTION TO PROVIDE THAT
12 THE INFORMATION FOR WHICH THE TRADE SECRET CLAIM WAS MADE BE
13 DISCLOSED. AT THE HEARING THE EMPLOYER SHALL HAVE THE BURDEN TO
14 SHOW THAT THE TRADE SECRET CLAIM IS VALID. THE DEPARTMENT SHALL
15 THEREAFTER AFFIRM, REVERSE OR MODIFY ITS INITIAL DETERMINATION.
16 THE DEPARTMENT SHALL INFORM THE EMPLOYER OF ITS DECISION BY
17 CERTIFIED MAIL. ALL PROCEEDINGS UNDER THIS SECTION SHALL BE AS
18 PROVIDED IN 2 PA.C.S. § 101 ET SEQ. (RELATING TO ADMINISTRATIVE
19 LAW AND PROCEDURE).
20 (E) STANDARDS FOR DETERMINATION.--IN DETERMINING WHETHER A
21 TRADE SECRET CLAIM IS VALID, THE DEPARTMENT SHALL CONSIDER:
22 (1) THE EXTENT TO WHICH THE INFORMATION FOR WHICH THE
23 TRADE SECRET CLAIM IS MADE IS KNOWN OUTSIDE THE EMPLOYER'S
24 BUSINESS.
25 (2) THE EXTENT TO WHICH THE INFORMATION IS KNOWN BY
26 EMPLOYEES AND OTHERS INVOLVED IN THE EMPLOYER'S BUSINESS.
27 (3) THE EXTENT OF MEASURES TAKEN BY THE EMPLOYER TO
28 GUARD THE SECRECY OF THE INFORMATION.
29 (4) THE VALUE OF THE INFORMATION TO THE EMPLOYER OR THE
30 EMPLOYER'S COMPETITOR.
19830H1236B2567 - 47 -
1 (5) THE AMOUNT OF EFFORT OR MONEY EXPENDED BY THE
2 EMPLOYER IN DEVELOPING THE INFORMATION.
3 (6) THE EASE OR DIFFICULTY WITH WHICH THE INFORMATION
4 COULD BE DISCLOSED BY ANALYTICAL TECHNIQUES, LABORATORY
5 PROCEDURES OR OTHER MEANS.
6 (F) JUDICIAL REVIEW.--ANY FINAL DECISION OF THE DEPARTMENT
7 UNDER SUBSECTION (D) SHALL BE SUBJECT TO JUDICIAL REVIEW UNDER
8 SECTION 15.
9 (G) PROVIDING OF INFORMATION TO MEDICAL PRACTITIONERS.--THE
10 DEPARTMENT, EMPLOYER OR SUPPLIER SHALL PROVIDE ANY INFORMATION
11 FOR WHICH A TRADE SECRET CLAIM IS PENDING OR HAS BEEN APPROVED
12 PURSUANT TO THIS SECTION TO A MEDICAL PRACTITIONER WHEN SUCH
13 INFORMATION IS NEEDED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE
14 PARTY CLAIMING A TRADE SECRET SHALL BE RESPONSIBLE FOR INSURING
15 THAT SUCH INFORMATION IS AVAILABLE ON A 24-HOUR EMERGENCY BASIS.
16 THE PARTY CLAIMING A TRADE SECRET MAY REQUIRE THE MEDICAL
17 PRACTITIONER TO SIGN AN AGREEMENT PROTECTING THE CONFIDENTIALITY
18 OF INFORMATION DISCLOSED PURSUANT TO THIS SUBSECTION. IN THE
19 CASE OF A MEDICAL EMERGENCY, THE DEPARTMENT, EMPLOYER OR
20 SUPPLIER SHALL FIRST DISCLOSE THE TRADE SECRET TO THE MEDICAL
21 PRACTITIONER BUT MAY LATER REQUIRE A CONFIDENTIALITY AGREEMENT
22 WHEN CIRCUMSTANCES PERMIT.
23 (H) MATERIALS AVAILABLE TO PUBLIC.--ANY HAZARD SURVEY OR
24 MATERIAL SAFETY DATA SHEET CONTAINING INFORMATION FOR WHICH A
25 TRADE SECRET CLAIM IS PENDING OR HAS BEEN APPROVED SHALL BE MADE
26 AVAILABLE TO THE PUBLIC WITH THAT INFORMATION CONCEALED AND
27 REPLACED BY THE TRADE SECRET REGISTRY NUMBER.
28 (I) CONFIDENTIALITY OF INFORMATION.--THE SUBJECT OF ANY
29 TRADE SECRET CLAIM PENDING OR APPROVED SHALL BE TREATED AS
30 CONFIDENTIAL INFORMATION. EXCEPT AS PROVIDED IN SUBSECTION (G),
19830H1236B2567 - 48 -
1 THE DEPARTMENT SHALL NOT DISCLOSE ANY CONFIDENTIAL INFORMATION
2 TO ANY PERSON EXCEPT AN OFFICER OR EMPLOYEE OF THE COMMONWEALTH
3 IN CONNECTION WITH HIS OFFICIAL DUTIES UNDER ANY LAW FOR THE
4 PROTECTION OF PUBLIC HEALTH, OR TO THE CONTRACTORS OF THE
5 COMMONWEALTH AND THEIR EMPLOYEES IF IN THE OPINION OF THE
6 DEPARTMENT THE DISCLOSURE IS NECESSARY FOR THE COMPLETION OF ANY
7 WORK CONTRACTED FOR IN CONNECTION WITH THE IMPLEMENTATION OF
8 THIS ACT.
9 (J) PENALTIES.--
10 (1) ANY OFFICER OR EMPLOYEE OF THE COMMONWEALTH,
11 CONTRACTOR TO THE COMMONWEALTH, MEDICAL PRACTITIONER OR
12 EMPLOYEE OF A COUNTY HEALTH DEPARTMENT, LOCAL FIRE DEPARTMENT
13 OR LOCAL POLICE DEPARTMENT WHO HAS ACCESS TO ANY CONFIDENTIAL
14 INFORMATION, AND WHO WILLINGLY AND KNOWINGLY DISCLOSES THE
15 CONFIDENTIAL INFORMATION TO ANY PERSON NOT AUTHORIZED TO
16 RECEIVE IT SHALL, UPON CONVICTION THEREOF, BE GUILTY OF A
17 MISDEMEANOR OF THE THIRD DEGREE.
18 (2) ANY EMPLOYER OR SUPPLIER WHO KNOWINGLY FILES A
19 FRIVOLOUS AND VEXATIOUS TRADE SECRET CLAIM SHALL BE ASSESSED
20 A CIVIL PENALTY OF NOT MORE THAN $2,500.
21 (K) APPLICATION OF SECTION.--THE PROVISIONS OF THIS SECTION
22 SHALL NOT APPLY TO THE DISCLOSURE OF ANY INFORMATION REQUIRED
23 PURSUANT TO ANY OTHER STATE OR FEDERAL LAW.
24 SECTION 12. RISK TO PUBLIC HEALTH.
25 IF THE DEPARTMENT DETERMINES THAT ANY HAZARDOUS SUBSTANCE OR
26 OTHER CHEMICAL POSES A POTENTIAL HEALTH RISK TO THE GENERAL
27 PUBLIC IN AN AREA SURROUNDING THE WORKPLACE, IT SHALL INFORM THE
28 NEAREST PUBLIC HEALTH AGENCY, HOSPITAL AND FIRE COMPANY, AND
29 SHALL SUBMIT TO THEM COPIES OF EACH RELEVANT MATERIAL SAFETY
30 DATA SHEET OR HAZARDOUS SUBSTANCE FACT SHEET.
19830H1236B2567 - 49 -
1 SECTION 13. PROTECTION OF EMPLOYEES.
2 (A) GENERAL RULE.--NO EMPLOYER SHALL DISCHARGE OR CAUSE TO
3 BE DISCHARGED, OR OTHERWISE DISCIPLINE OR IN ANY MANNER
4 DISCRIMINATE AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE HAS FILED
5 A COMPLAINT, ASSISTED THE DEPARTMENT WITH RESPECT TO AN
6 INSPECTION UNDER SECTION 14, HAS INSTITUTED OR CAUSED TO BE
7 INSTITUTED ANY PROCEEDING UNDER OR RELATED TO THIS ACT, HAS
8 TESTIFIED OR IS ABOUT TO TESTIFY IN ANY PROCEEDING, HAS
9 REQUESTED ANY INFORMATION OR PROPERLY REFUSED WORK UNDER SECTION
10 5, OR HAS EXERCISED ANY RIGHT AFFORDED PURSUANT TO THE
11 PROVISIONS OF THIS ACT.
12 (B) BURDEN OF PROOF.--IF THE DEPARTMENT OR THE EMPLOYEE
13 ESTABLISHES THAT WITHIN THE SIX MONTHS PRIOR TO THE ALLEGED
14 VIOLATION THE EMPLOYEE EXERCISED ANY RIGHT PROVIDED IN THIS ACT,
15 THE EMPLOYER SHALL HAVE THE BURDEN TO SHOW JUST CAUSE FOR HIS
16 ACTION BY CLEAR AND CONVINCING EVIDENCE.
17 (C) WAIVERS INVALID.--ANY WAIVER BY AN EMPLOYEE OR APPLICANT
18 FOR EMPLOYMENT OF THE BENEFITS OR REQUIREMENTS OF THIS ACT SHALL
19 BE AGAINST PUBLIC POLICY AND SHALL BE NULL AND VOID. ANY
20 EMPLOYER'S REQUEST OR REQUIREMENT THAT AN EMPLOYEE WAIVE ANY
21 RIGHTS UNDER THIS ACT AS A CONDITION OF EMPLOYMENT SHALL
22 CONSTITUTE A VIOLATION.
23 SECTION 14. COMPLAINTS AND INVESTIGATIONS.
24 (A) PROCEDURE.--THE DEPARTMENT IS HEREBY EMPOWERED TO
25 PREVENT ANY VIOLATIONS OF THIS ACT. ALL PROCEEDINGS UNDER THIS
26 SECTION WILL BE SCHEDULED AND DECISIONS RENDERED WITH ALL
27 DELIBERATE SPEED IN THE INTERESTS OF PROTECTING EMPLOYEES AND
28 MEMBERS OF THE PUBLIC FROM THE DANGERS OF CHEMICAL SUBSTANCES.
29 ANY PERSON WHO BELIEVES THERE IS A VIOLATION BY AN EMPLOYER OR
30 SUPPLIER OF THIS ACT OR ANY PART THEREOF, MAY FILE A COMPLAINT
19830H1236B2567 - 50 -
1 WITHIN 180 DAYS OF THE VIOLATION WITH THE DEPARTMENT. THE
2 COMPLAINT SHALL BE IN WRITING, VERIFIED AND SHALL SET FORTH THE
3 GROUNDS FOR THE COMPLAINT. UPON REQUEST OF THE COMPLAINANT, HIS
4 OR HER IDENTITY SHALL NOT BE REVEALED. WITHIN 30 DAYS AFTER
5 RECEIPT OF THE COMPLAINT, THE DEPARTMENT SHALL SO NOTIFY THE
6 RESPONDENT IN WRITING AND PERMIT THE RESPONDENT TO DEMONSTRATE
7 COMPLIANCE WITH THIS ACT. IF SUCH COMPLIANCE HAS NOT BEEN
8 DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE TO THE DEPARTMENT
9 WITHIN 14 DAYS OF THE MAILING OF THE NOTIFICATION, AND IF THE
10 FACTS IN CONTROVERSY ARE SUSCEPTIBLE TO VERIFICATION BY
11 INSPECTION, AN EMPLOYEE OF THE DEPARTMENT SHALL INSPECT, AT
12 REASONABLE TIMES, THE EMPLOYER'S WORKPLACE AND ALL CONDITIONS
13 RELEVANT TO THE COMPLAINT AND SHALL, IN A REASONABLE MANNER,
14 MAKE ANY ADDITIONAL INVESTIGATION DEEMED NECESSARY FOR THE FULL
15 AND EFFECTIVE DETERMINATION OF THE EMPLOYER'S OR SUPPLIER'S
16 COMPLIANCE WITH THIS ACT. WHENEVER THE REPRESENTATIVE OF THE
17 DEPARTMENT PROCEEDING UNDER THIS SECTION IS DENIED ADMISSION TO
18 ANY PLACE OF EMPLOYMENT, HE MAY OBTAIN A WARRANT TO MAKE AN
19 INSPECTION OR INVESTIGATION OF THE PLACE OF EMPLOYMENT FROM THE
20 APPROPRIATE JUDICIAL AUTHORITY UPON A SHOWING OF THE FOLLOWING:
21 (1) THAT THE INDIVIDUAL SEEKING THE WARRANT IS A DULY
22 AUTHORIZED AGENT OF THE DEPARTMENT.
23 (2) THAT SUCH INDIVIDUAL HAS ESTABLISHED UNDER OATH OR
24 AFFIRMATION THAT THE PLACE OF EMPLOYMENT TO BE INVESTIGATED
25 IN ACCORDANCE WITH THIS SECTION IS TO BE INSPECTED TO
26 DETERMINE COMPLIANCE OR NONCOMPLIANCE WITH THE REQUIREMENTS
27 OF THIS ACT.
28 (B) PREREFUSAL WARRANT.--UPON APPLICATION TO THE APPROPRIATE
29 JUDICIAL AUTHORITY AND FOR GOOD CAUSE SHOWN, THE DEPARTMENT MAY
30 SEEK AND OBTAIN AN INSPECTION WARRANT PRIOR TO THE 14-DAY PERIOD
19830H1236B2567 - 51 -
1 SET FORTH IN SUBSECTION (A), AND/OR PRIOR TO ANY REFUSAL BY
2 RESPONDENT TO VOLUNTARILY ADMIT A REPRESENTATIVE OF THE
3 DEPARTMENT.
4 (C) ISSUANCE AND CONTENT OF ORDER.--IF, UPON INSPECTION OR
5 INVESTIGATION OF A COMPLAINT, THE DEPARTMENT FINDS THAT A
6 RESPONDENT HAS VIOLATED ANY REQUIREMENTS OF THIS ACT, IT SHALL
7 WITHIN SEVEN DAYS ISSUE TO THE RESPONDENT AN ORDER TO COMPLY.
8 THIS ORDER SHALL BE IN WRITING AND SHALL SPECIFICALLY DESCRIBE
9 THE NATURE OF THE VIOLATION AND SHALL STATE A REASONABLE TIME
10 PERIOD, NOT TO EXCEED 90 DAYS, WITHIN WHICH THE VIOLATION MUST
11 BE CORRECTED BY THE EMPLOYER.
12 (D) CIVIL PENALTIES.--THE DEPARTMENT SHALL HAVE AUTHORITY TO
13 ASSESS ANY CIVIL PENALTIES FROM $500 TO $10,000 FOR EACH
14 VIOLATION OF THIS ACT, UNLESS A GREATER AMOUNT IS SPECIFIED
15 ELSEWHERE IN THIS ACT, GIVING DUE CONSIDERATION TO THE
16 APPROPRIATENESS OF THE PENALTY WITH RESPECT TO THE SIZE OF THE
17 BUSINESS OF THE EMPLOYER BEING CHARGED, THE GRAVITY OF THE
18 VIOLATION, THE GOOD FAITH OF THE RESPONDENT AND THE HISTORY OF
19 PREVIOUS VIOLATIONS. IF THE VIOLATION HAS NOT BEEN CORRECTED
20 WITHIN THE TIME PERIOD, THE DEPARTMENT MAY LEVY A FURTHER CIVIL
21 PENALTY OF NOT MORE THAN $5,000 PER DAY FOR EACH VIOLATION.
22 CIVIL PENALTIES DUE UNDER THIS ACT SHALL BE PAID TO THE
23 DEPARTMENT FOR DEPOSIT INTO THE STATE TREASURY AND MAY BE
24 COLLECTED BY THE DEPARTMENT IN A CIVIL ACTION BROUGHT IN THE
25 APPROPRIATE COURT OF COMMON PLEAS. THE PENALTIES COLLECTED SHALL
26 BE USED TO DEFRAY THE COSTS OF ADMINISTRATION AND ENFORCEMENT OF
27 THIS ACT.
28 (E) HEARINGS.--THE RESPONDENT MAY, IN WRITING, REQUEST THE
29 DEPARTMENT TO PROVIDE A HEARING CONCERNING ANY ORDERS TO COMPLY,
30 OR PENALTIES LEVIED UPON THE EMPLOYER UNDER THIS SECTION WITHIN
19830H1236B2567 - 52 -
1 30 DAYS OF THE RESPONDENT'S RECEIPT OF NOTICE THEREOF. THE
2 HEARING SHALL BE AFFORDED IN ACCORDANCE WITH 2 PA.C.S. § 101 ET
3 SEQ. (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE). AFTER THE
4 HEARING, THE DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY ITS
5 ORIGINAL DETERMINATION.
6 (F) PRELIMINARY RELIEF.--WHERE THE DEPARTMENT DETERMINES
7 THAT REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION HAS
8 OCCURRED, AND THAT SAID VIOLATION MAY CAUSE IMMEDIATE OR
9 IRREPARABLE HARM TO ANY EMPLOYEE OR MEMBER OF THE PUBLIC, THE
10 DEPARTMENT SHALL SEEK A PRELIMINARY OR SPECIAL INJUNCTION IN THE
11 APPROPRIATE COURT OF COMMON PLEAS. THE COURTS OF COMMON PLEAS
12 ARE HEREBY EMPOWERED TO, AND SHALL ISSUE SAID INJUNCTIVE RELIEF
13 UPON A PRIMA FACIE SHOWING BY THE DEPARTMENT OF A VIOLATION AND
14 A SHOWING BY A PREPONDERANCE OF THE EVIDENCE THAT IMMEDIATE AND
15 IRREPARABLE HARM IS LIKELY TO ENSUE.
16 (G) INTERFERENCE WITH INSPECTION.--ANY EMPLOYER OR
17 INDIVIDUAL WHO WILLFULLY OBSTRUCTS OR IMPEDES AN AUTHORIZED
18 REPRESENTATIVE OF THE DEPARTMENT FROM CARRYING OUT AN
19 INVESTIGATION OR INSPECTION PURSUANT TO THIS ACT OR WHO REFUSES
20 ENTRY TO AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT TO ANY
21 WORKPLACE WHERE SUCH INSPECTION IS AUTHORIZED BY A WARRANT,
22 SHALL BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN $1,000. ANY
23 PERSON WHO GIVES ADVANCE NOTICE OF ANY INSPECTION TO BE
24 CONDUCTED UNDER THIS ACT, WITHOUT AUTHORITY FROM THE DEPARTMENT,
25 SHALL BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN $1,000.
26 SECTION 15. JUDICIAL REVIEW AND ENFORCEMENT.
27 (A) APPELLATE REVIEW.--ANY PERSON OR PERSONS AGGRIEVED BY A
28 FINAL DETERMINATION OF THE DEPARTMENT PURSUANT TO SECTIONS 11
29 AND 14 MAY FILE A PETITION FOR REVIEW WITHIN 30 DAYS OF SAID
30 DETERMINATION IN THE COMMONWEALTH COURT PURSUANT TO 42 PA.C.S. §
19830H1236B2567 - 53 -
1 763(A) (RELATING TO DIRECT APPEALS FROM GOVERNMENT AGENCIES).
2 THE DECISION OF THE DEPARTMENT SHALL NOT BE REVERSED OR MODIFIED
3 UNLESS SAID DECISION IS FOUND TO BE ARBITRARY, CAPRICIOUS,
4 ILLEGAL OR NOT SUPPORTED BY SUBSTANTIAL EVIDENCE.
5 (B) ORIGINAL ACTION.--ANY PERSON MAY BRING A CIVIL ACTION IN
6 THE APPROPRIATE COURT OF COMMON PLEAS ON HIS OWN BEHALF AGAINST
7 ANY EMPLOYER OR SUPPLIER FOR A VIOLATION OF ANY PROVISION OF
8 THIS ACT OR ANY RULE PROMULGATED PURSUANT THERETO, OR AGAINST
9 THE DEPARTMENT FOR FAILURE TO ENFORCE THE PROVISIONS OF THIS ACT
10 OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO. WHERE
11 THE ACTION INVOLVES THE RIGHTS OF MORE THAN ONE EMPLOYEE, ANY
12 CERTIFIED OR RECOGNIZED COLLECTIVE BARGAINING REPRESENTATIVE
13 SHALL HAVE STANDING TO SUE ON BEHALF OF SAID EMPLOYEES. THE
14 COURT MAY ISSUE, WHENEVER IT DEEMS APPROPRIATE, A PRELIMINARY,
15 PERMANENT OR SPECIAL INJUNCTION AND AWARD COMPENSATORY AND
16 LIQUIDATED DAMAGES, COSTS AND EXPENSES OF LITIGATION, INCLUDING
17 EXPERT WITNESS FEES AND REASONABLE ATTORNEY FEES.
18 SECTION 16. FALSE STATEMENTS.
19 ANY PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENT,
20 REPRESENTATION OR CERTIFICATION IN ANY LIST, RECORD OR OTHER
21 DOCUMENT REQUIRED TO BE MAINTAINED PURSUANT TO THIS ACT SHALL BE
22 ASSESSED A CIVIL PENALTY OF NOT MORE THAN $10,000, OR SHALL BE
23 GUILTY OF A CRIMINAL OFFENSE CLASSED AS A MISDEMEANOR OF THE
24 FIRST DEGREE, OR BOTH. ANY EMPLOYER OR SUPPLIER WHO WILLFULLY OR
25 RECKLESSLY PREPARES A MATERIAL SAFETY DATA SHEET FOR THE PURPOSE
26 OF WITHHOLDING OR FALSIFYING RELEVANT INFORMATION CONCERNING THE
27 NATURE AND SEVERITY OF THE HAZARDOUS NATURE OF THE SUBSTANCE
28 SHALL BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN $10,000, OR
29 SHALL BE GUILTY OF A CRIMINAL OFFENSE CLASSED AS A MISDEMEANOR
30 OF THE FIRST DEGREE, OR BOTH.
19830H1236B2567 - 54 -
1 SECTION 17. RULES AND REGULATIONS.
2 THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
3 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AND
4 WRITTEN MATERIALS AS ARE NECESSARY TO CARRY OUT THE PROVISIONS
5 OF THIS ACT.
6 SECTION 18. CONSTRUCTION OF ACT.
7 (A) NO RELEASE FROM LIABILITY.--NOTHING IN THIS ACT SHALL IN
8 ANY WAY RELIEVE AN EMPLOYER OR SUPPLIER FROM LIABILITY WITH
9 REGARD TO THE HEALTH AND SAFETY OF AN EMPLOYEE OR OTHER PERSONS
10 EXPOSED TO ANY SUBSTANCES, NOR SHALL IT RELIEVE AN EMPLOYER OR
11 SUPPLIER FROM ANY OTHER DUTY OR RESPONSIBILITY UNDER ANY OTHER
12 PROVISION OF LAW.
13 (B) CONSTRUCTION WITH FEDERAL LAW.--THIS ACT IS TO BE READ
14 IN CONJUNCTION WITH ANY PROVISION OF FEDERAL LAW PROVIDING FOR
15 THE IDENTIFICATION, LABELING OR PROVIDING OF INFORMATION
16 CONCERNING HAZARDOUS SUBSTANCES AND IS INTENDED TO SUPPLEMENT
17 SUCH FEDERAL REGULATION IN THE INTERESTS OF PROTECTING THE
18 HEALTH AND SAFETY OF CITIZENS OF THE COMMONWEALTH.
19 (C) LOCAL ORDINANCES.--THIS ACT SHALL NOT PREEMPT OR
20 SUPERSEDE ANY LOCAL ORDINANCE OR RULE CONCERNING THE SUBJECT
21 MATTER OF THIS ACT, EXCEPT TO THE EXTENT THAT SAID LOCAL
22 ORDINANCE OR RULE DIRECTLY CONFLICTS WITH THE PROVISIONS HEREIN.
23 (D) EXCEPTION.--NOTWITHSTANDING ANY LANGUAGE TO THE
24 CONTRARY, THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO
25 HAZARDOUS SUBSTANCES CONTAINED IN A LABORATORY UNDER THE DIRECT
26 SUPERVISION OR GUIDANCE OF A TECHNICALLY QUALIFIED INDIVIDUAL,
27 EXCEPT FOR THE PROVISIONS OF SECTIONS 5, 8 AND 13. THIS
28 EXEMPTION DOES NOT INCLUDE A LABORATORY THAT PRIMARILY PRODUCES
29 HAZARDOUS SUBSTANCES FOR COMMERCIAL PURPOSES. AS USED IN THIS
30 SECTION "TECHNICALLY QUALIFIED INDIVIDUAL" MEANS A PERSON WHO,
19830H1236B2567 - 55 -
1 BECAUSE OF EDUCATION, TRAINING OR EXPERIENCE, UNDERSTANDS THE
2 RISKS ASSOCIATED WITH THE HAZARDOUS SUBSTANCE OR MIXTURE
3 CONTAINING A HAZARDOUS SUBSTANCE HANDLED BY EMPLOYEES UNDER HIS
4 SUPERVISION OR GUIDANCE.
5 SECTION 19. SEVERABILITY.
6 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
7 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCES IS
8 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
9 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
10 THE INVALID PROVISION OR APPLICATION.
11 SECTION 20. FEES.
12 (A) EMPLOYER AND SUPPLIER FEE.--THE DEPARTMENT SHALL ASSESS
13 A FEE FROM ALL SUPPLIERS AND EMPLOYERS TO HELP DEFRAY THE COSTS
14 OF ADMINISTRATION OF THIS ACT. SAID FEE SHALL BE NO GREATER THAN
15 $50: PROVIDED, THAT ANY GROUP OR CLASS OF EMPLOYERS EXEMPTED BY
16 THE DEPARTMENT FROM AUTOMATIC FILING OF HAZARD AND/OR
17 ENVIRONMENTAL SURVEY FORMS, PURSUANT TO SECTION 3(G), SHALL ALSO
18 BE EXEMPTED FROM PAYING ANY FEE UNDER THIS SUBSECTION.
19 (B) TRADE SECRET CLAIMS.--THE DEPARTMENT SHALL HAVE THE
20 AUTHORITY TO ASSESS A FEE NO GREATER THAN $50 FOR THE FILING OF
21 EACH TRADE SECRET CLAIM MADE PURSUANT TO SECTION 11.
22 SECTION 21. APPROPRIATION.
23 THE SUM OF $2,900,000, OR AS MUCH THEREOF AS MAY BE
24 NECESSARY, IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
25 DEPARTMENT OF HEALTH TO CARRY OUT THE PURPOSE OF THIS ACT.
26 SECTION 22. EFFECTIVE DATE.
27 (A) SECTIONS 4(B), 5(C)(2), (D) AND 6 SHALL TAKE EFFECT IN
28 ONE YEAR AS TO THE LABELING OF CONTAINERS OF HAZARDOUS
29 SUBSTANCES, AND IN TWO YEARS AS TO LABELING OF ALL OTHER
30 CONTAINERS.
19830H1236B2567 - 56 -
1 (B) THE OBLIGATION OF THE DEPARTMENT TO CREATE LISTS OF
2 HAZARDOUS SUBSTANCES SHALL TAKE EFFECT IMMEDIATELY, AND THE
3 DEPARTMENT SHALL MAIL TO EACH EMPLOYER COPIES OF SAID LISTS AND
4 THE HAZARDOUS SURVEY FORMS WITHIN SIX MONTHS.
5 (C) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN SIX
6 MONTHS.
F6L35DGS/19830H1236B2567 - 57 -