SENATE AMENDED
PRIOR PRINTER'S NOS. 1454, 2551, 2567, PRINTER'S NO. 3573
3268
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
SENATOR WENGER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
SEPTEMBER 25, 1984
AN ACT
1 Requiring chemical identification of substances in the community
2 and on employer premises; requiring the posting of the
3 identity of these substances by employers and the labeling of
4 chemicals; requiring information and safety data on chemicals
5 to be given to the Department of Health, members of the
6 community and employees; requiring employers to operate
7 educational programs relating to hazardous substances;
8 providing for further duties of the Department of Health <--
9 LABOR AND INDUSTRY, for complaint procedures, for <--
10 investigations, for compliance orders and the enforcement
11 thereof; and providing penalties.
12 It is hereby declared that there exists within the
13 Commonwealth of Pennsylvania a potential danger to employees,
14 their families and to the general public from exposure to
15 chemicals introduced into the workplace and into the general
16 environment. Employees may be exposed to these substances during
17 the course and scope of their employment and the general public
18 may be exposed due to the transportation, use and subsequent
1 disposal within the community. Serious health problems may be
2 caused to individuals because of this exposure. Due to the
3 nature of these substances, these health problems may not become
4 evident until many years after initial exposure.
5 It is therefore declared to be the policy of the Commonwealth
6 that employers within the Commonwealth and chemical suppliers
7 doing business within the Commonwealth have a duty to make
8 available to employees and to the general public the identity of
9 chemicals used in the workplace, and to make information
10 available as to the known or suspected health hazards posed by
11 the use of or exposure to hazardous substances. Employees, their
12 families and the general public have a right to know the
13 identity of chemicals they may be exposed to, the potential
14 health hazards that exist and the symptoms that may be
15 experienced because of exposure. It is further declared that
16 employees and the general public themselves are frequently in
17 the best position to discover serious health problems, provided
18 that they are aware of the chemical identity and the nature of
19 the substances to which they are exposed. Employees, their
20 families and the general public have an inherent right to know
21 about the known and suspected health hazards which may result
22 from exposure to hazardous substances, so that they may make
23 knowledgeable and reasoned decisions with respect to the
24 continued personal costs of their employment or residence at a
25 particular place and the need for corrective action.
26 It is further declared that, because of close or continuing
27 contact with hazardous substances, the workplace often provides
28 an early warning mechanism for the rest of the environment and
29 the general public. It is therefore the intent of this
30 Legislature to ensure that employees, their families and the
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1 general public be given current information concerning the
2 nature of the hazardous substances with which they may come in
3 contact and full information concerning the health hazards of
4 these hazardous substances.
5 It is further declared that availability of detailed
6 information concerning the identity and nature of chemicals to
7 local police, fire and health officials will greatly aid such
8 authorities in responding to local emergencies such as chemical
9 fires, accidental spills, industrial accidents and outbreaks of
10 health problems among members of the public.
11 It is further declared that the swift and effective
12 enforcement of the provisions of this act is vital to ensure
13 that the health and safety of employees and members of the
14 public is protected.
15 TABLE OF CONTENTS
16 Section 1. Short title.
17 Section 2. Definitions.
18 Section 3. Hazardous substance list.
19 Section 4. Obligation of suppliers.
20 Section 5. Availability of information.
21 Section 6. Labeling.
22 Section 7. Notice.
23 Section 8. Employer educational program.
24 Section 9. Health and exposure records.
25 Section 10. Outreach programs.
26 Section 11. Trade secrets.
27 Section 12. Risk to public health.
28 Section 13. Protection of employees.
29 Section 14. Complaints and investigations.
30 Section 15. Judicial review and enforcement.
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1 Section 16. False statements and intentional omissions.
2 Section 17. Rules and regulations.
3 SECTION 18. SPECIAL APPLICATIONS. <--
4 Section 18 19. Construction of act. <--
5 Section 19 20. Severability. <--
6 Section 20 21. Appropriation. <--
7 Section 21. Emergency information. <--
8 Section 22. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Worker and
13 Community Right to Know Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Article." A manufactured item which is formed to a specific
19 shape or design during manufacture, which has end use functions
20 dependent in whole or in part upon its shape or design during
21 end use and which does not release, or otherwise result in
22 exposure to, a hazardous chemical under normal conditions of
23 use.
24 "Chemical." Any element, substance, chemical compound or
25 mixture of elements, substances or compounds, but shall not
26 include an article as defined herein, food, DRUGS OR COSMETICS <--
27 as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.
28 § 301 et seq.), cosmetics, tobacco or products which are
29 primarily intended for sale on the retail market to the general
30 public and are sealed in the packages to be used therewith.
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1 "Chemical Abstracts Service number." The unique
2 identification number assigned by the Chemical Abstracts Service
3 to chemicals.
4 "Chemical identification sheet or CIS." A written document,
5 prepared in accordance with the requirements of this act, which
6 contains, in the case of a hazardous mixture, the identity by
7 chemical name, common name and Chemical Abstracts Service
8 number, all special hazardous substances COMPRISING 0.01% OR <--
9 MORE OF THE MIXTURE AND all hazardous substances comprising 1%
10 or more of the mixture and all other substances comprising 3% or
11 more of the mixture.
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 or nomenclature.
16 "Common name." Any designation or identification other than
17 a chemical name or trade name, by which a substance is generally
18 known, such as a nonsystematic scientific name, which clearly
19 identifies a single chemical or mixture and which is unique to
20 that specific chemical or mixture.
21 "Container." A receptacle used to hold a liquid, solid or
22 gaseous substance including, but not limited to, bottles,
23 pipeline valves, vats, barrels, boxes, cans, cylinders, drums, <--
24 cartons, vessels, vats and stationary tanks. The term does not
25 include containers of ten gallons or less into which substances <--
26 are transferred by the employee from labeled containers and
27 which are intended only for the immediate use by the employee
28 who performs the transfer, or containers which are primarily
29 designed to be sold on the retail market for use by the general
30 public.
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1 "Department." The Department of Health LABOR AND INDUSTRY. <--
2 "Employee." Any person currently or formerly working for an
3 employer, except domestic or casual laborers employed at the
4 employer's place of residence. A FORMER EMPLOYEE SHALL BE <--
5 CONSIDERED AN EMPLOYEE HEREUNDER, EXCEPT THAT THE FORMER
6 EMPLOYER'S RIGHTS HEREUNDER SHALL BE SUBJECT TO A REQUEST MADE
7 BY THE FORMER EMPLOYEE AND RECEIVED BY THE EMPLOYER.
8 "Employee representative." An individual or organization
9 authorized by an employee or employees to exercise his or her or
10 their rights to request information under this act. A recognized
11 or certified collective bargaining agent for an employee shall
12 be considered to be an employee representative without regard to
13 individual employee authorization.
14 "Employer." Any individual, partnership, corporation or
15 association doing business in the Commonwealth, including the
16 Commonwealth, its political subdivisions, including school
17 districts, and any officer, board, commission, agency, authority
18 or other instrumentality thereof.
19 "Environmental hazard." Any substance, emission or discharge
20 determined by the department to be a hazardous substance and
21 which is likely to pose, BECAUSE OF ITS PARTICULAR OR EXTREME <--
22 PROPERTIES, POSES a danger if released into the environment.and <--
23 for which a trade secret claim shall not be made.
24 "Exposure." Any situation arising from a workplace operation
25 where an employee may ingest, inhale, absorb through the skin or
26 eyes, or otherwise come into contact with a chemical or mixture.
27 "Hazardous mixture." Any mixture that contains one or more
28 hazardous substances AS DEFINED HEREIN, in a concentration of 1% <--
29 or greater in the mixture or any mixture that contains one or
30 more special hazardous substances or environmental hazards in
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1 any amount. CONCENTRATIONS OF 0.01% OR GREATER IN THE MIXTURE. <--
2 For the purposes of this act, where a special hazardous mixture
3 is combined with one or more chemicals or mixtures to form a new
4 mixture, the new mixture shall be considered to be a hazardous
5 mixture.
6 "Hazardous substance." Any chemical or mixture defined as
7 hazardous pursuant to section 3. For the purposes of this act,
8 any hazardous mixture is a hazardous substance.
9 "Hazardous Substance Fact Sheet or HSFS." A written document
10 prepared by the department for the purpose of transmitting
11 information about a hazardous substance to employers, employees
12 or members of the general public.
13 "Hazard warning." Words, pictures, symbols or a combination
14 of these appearing on a label which instruct employees as to <--
15 immediate action they should take for their own protection.
16 CONVEYS INFORMATION REGARDING ACTIONS OR CAUTIONS TO BE TAKEN <--
17 WITH REGARD TO THE ASSOCIATED HAZARDOUS SUBSTANCE.
18 "Health professional." Any physician, NURSE, industrial <--
19 hygienist, toxicologist or epidemiologist providing medical,
20 occupational health or environmental health services.
21 "Importer." The first business within the customs territory
22 of the United States, which handles chemicals produced in other
23 countries and intended for sale and distribution to purchasers
24 within the United States.
25 "Label." A sign, emblem, sticker or marker affixed to or
26 stenciled into a container listing the information required
27 pursuant to section 6.
28 "Manufacturer." Any individual, partnership, corporation,
29 association or other person who provides, extracts, produces, <--
30 USES or otherwise makes chemicals FOR SALE OR DISTRIBUTION. <--
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1 "Material Safety Data Sheet or MSDS." A written document
2 prepared by a supplier or employer MANUFACTURER, SUPPLIER OR <--
3 IMPORTER in conformity with the requirements set forth in
4 SECTION 4 OF this act for the purpose of transmitting <--
5 information 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,
16 teaching and OR testing activity, and not primarily involved in <--
17 the production of goods for commercial sale, in which chemicals
18 are used by or under the direct supervision of a technically
19 qualified person. FOR THE PURPOSE OF THIS ACT, A TECHNICALLY <--
20 QUALIFIED PERSON IS A PERSON WHO, BECAUSE OF EDUCATION, TRAINING
21 OR EXPERIENCE, UNDERSTANDS THE RISKS ASSOCIATED WITH THE
22 HAZARDOUS SUBSTANCE OR MIXTURE CONTAINING A HAZARDOUS SUBSTANCE
23 HANDLED BY EMPLOYEES UNDER HIS OR HER SUPERVISION OR GUIDANCE.
24 "Sealed package." A package shall be in a sealed state if it <--
25 is a container or vessel whose contents have been placed into it
26 by the manufacturer or importer for the purpose of being
27 transported from one point to another and when such a package
28 whose contents have been placed into it by the manufacturer or
29 importer is in the process of being so transported. A package is
30 not sealed if it is opened for the purpose of transferring the
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1 contents which have been placed into it by the manufacturer or
2 importer to another container or vessel; however, opening a
3 package to examine the contents for emergency or safety reasons
4 shall be allowed.
5 "SEALED PACKAGE." A PORTABLE CONTAINER INTO WHICH THE <--
6 MANUFACTURER, IMPORTER OR SUPPLIER HAS PLACED A CHEMICAL OR
7 CHEMICALS, AND WHICH IS SEALED BY SAID MANUFACTURER, IMPORTER OR
8 SUPPLIER FOR TRANSPORT TO ANOTHER LOCATION, AND WHICH IS
9 INTENDED TO REMAIN SEALED UNTIL REACHING ITS FINAL DESTINATION.
10 A SEALED PACKAGE SHALL ALSO INCLUDE THOSE CONTAINERS USED TO
11 TRANSPORT HAZARDOUS WASTES IN ACCORDANCE WITH THE RESOURCE
12 CONSERVATION AND RECOVERY ACT OF 1976 (PUBLIC LAW 94-580, 42
13 U.S.C. 6901 ET SEQ.) OR THE COMPREHENSIVE ENVIRONMENTAL RESPONSE
14 COMPENSATION AND LIABILITY ACT OF 1980 (PUBLIC LAW 96-510, 26
15 U.S.C. 4611 ET SEQ. AND 42 U.S.C. 9601 ET SEQ.).
16 "Special hazardous substance." A hazardous substance so
17 designated by the department because its particular toxicity,
18 tumorigenicity, mutagenicity, reproductive toxicity,
19 flammability, explosiveness, corrosivity or reactivity poses a
20 special hazard to health and safety. and for which a trade <--
21 secret claim shall not be made.
22 "Supplier." Any individual, partnership, corporation,
23 association or other person, inside or outside or outside the
24 Commonwealth, who manufactures, supplies, imports or distributes
25 any chemical for sale, distribution or use within the
26 Commonwealth.
27 "Trade name." Any designation or identification such as a
28 code name or number, or a brand name, used by an employer or
29 supplier to identify a chemical other than by its chemical or
30 common name.
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1 "Trade secret." Any formula, plan, pattern, process,
2 production data, information or compilation of information,
3 including chemical OR COMMON name, which is known only to an <--
4 employer and a limited number of other individuals, and which is
5 used in the fabrication and production or development of an <--
6 article of trade or service, A PRODUCT, PROCESS OR SERVICE and <--
7 which gives the employer possessing it a competitive advantage
8 over businesses who do not possess it, or the secrecy of which
9 is certified by an appropriate official of the Federal
10 Government as necessary for national defense purposes.
11 "Workplace." Any building or work area or contiguous group
12 of buildings or work areas AT ONE GEOGRAPHICAL LOCATION <--
13 composing a plant site in the Commonwealth used by the employer
14 on a permanent or temporary basis to conduct business.
15 "Work area." Any room, section of a room or other immediate <--
16 area DEFINED SPACE within a workplace where one or more workers <--
17 are based for the regular performance of their duties.
18 Section 3. Hazardous substance list.
19 (a) Hazardous substance list.--The department shall, no
20 later than 180 days subsequent to the effective date of this
21 act, compile a list of hazardous substances which shall include,
22 but not be limited to, the substances found in the latest
23 compilation or issue of any one of the following lists:
24 (1) Federal Environmental Protection Agency (EPA) list
25 of toxic pollutants and hazardous substances prepared
26 pursuant to sections 307 and 311 of the Federal Clean Water
27 Act of 1977 (33 U.S.C. §§ 1317, 1321).
28 (2) EPA list of hazardous air pollutants prepared
29 pursuant to section 112 of the Federal Clean Air Act (42
30 U.S.C. § 7412).
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1 (3) EPA list of restricted use pesticides found at 40
2 CFR 162.30 (relating to optional procedures for
3 classification of pesticide uses by regulation).
4 (4) EPA Carcinogen Assessment Group's List of
5 Carcinogens.
6 (5) OSHA list of toxic and hazardous substances found in
7 29 CFR 1910, subpart Z (relating to toxic and hazardous
8 substances).
9 (6) International Agency for Research on Cancer sublist,
10 entitled "Substances found to have at least sufficient
11 evidence of carcinogenicity in animals."
12 (7) National Toxicology Program's list of substances
13 published in their latest Annual Report on Carcinogens.
14 (8) National Fire Protection Association list found in
15 "Hazardous Chemicals Data (NFPA 49)."
16 (9) National Fire Protection Association list found in
17 "Fire Hazard Properties of Flammable Liquids, Gases, Volatile
18 Solids (NFPA 325M)," but only those substances found on
19 sublists for health items, categories 2, 3 and 4; sublists
20 for reactivity items, categories 3 and 4; sublists for
21 flammability, categories 3 and 4.
22 (10) American Conference of Governmental Industrial
23 Hygienists list found in Threshold Limit Value for Chemical
24 Substances and Physical Agents in the Workplace.
25 (11) National Cancer Institute sublist, entitled
26 "Carcinogens bioassays with at least evidence suggestive of
27 carcinogenic effect," but including only those substances
28 which satisfy criteria of the National Toxicology Program
29 indicating significant carcinogenic effect.
30 The list shall further include any other substance or mixture
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1 designated by the department as hazardous because of its known
2 or probable adverse human or environmental effect. This list
3 shall be updated, REDUCED or expanded by the department as <--
4 necessary in light of new scientific evidence and knowledge. A
5 copy of the list and any modifications thereof shall be
6 transmitted to every employer as necessary SUBJECT TO THIS ACT. <--
7 (b) Additions to hazardous substance list.--Any chemicals
8 which appear on any future compilation or issue of any of the
9 lists contained in subsection 3(a) shall automatically be added
10 to the hazardous substance list. Prior to adding any other
11 chemicals to the list of hazardous substances enumerated in
12 section 3(a)(1) through (11), the department shall, after giving
13 proper notice, hold hearings on the proposed additions to allow
14 for comment by interested parties. Upon conclusion of the
15 hearings, the department shall, IF IT DETERMINES THE PROPRIETY <--
16 OF INCLUDING THE CHEMICALS, amend its regulations to reflect
17 additions and publish the additions thereto in the Pennsylvania
18 Bulletin, and notify employers regarding the additions.
19 (C) DELETIONS TO HAZARDOUS SUBSTANCE LIST.--ANY CHEMICALS <--
20 WHICH ARE REMOVED FROM ANY FUTURE COMPILATION OR ISSUE OF THE
21 LISTS CONTAINED IN SUBSECTION (A), OR ANY CHEMICALS THAT HAVE
22 BEEN ADDED TO THE HAZARDOUS SUBSTANCE LIST UNDER SUBSECTION (B),
23 MAY BE DELETED FROM THE HAZARDOUS SUBSTANCE LIST. PRIOR TO
24 DELETING ANY CHEMICAL FROM THE HAZARDOUS SUBSTANCE LIST THE
25 DEPARTMENT SHALL, AFTER GIVING PROPER NOTICE, HOLD HEARINGS ON
26 THE PROPOSED DELETIONS TO ALLOW FOR COMMENT BY INTERESTED
27 PARTIES. UPON CONCLUSION OF THE HEARINGS, THE DEPARTMENT, IF IT
28 DETERMINES THE PROPRIETY OF DELETING THE CHEMICAL, SHALL AMEND
29 ITS REGULATIONS TO REFLECT DELETIONS AND PUBLISH THE DELETIONS
30 THERETO IN THE PENNSYLVANIA BULLETIN, AND NOTIFY EMPLOYERS
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1 REGARDING THE DELETIONS.
2 (c) (D) Special HAZARDS and environmental hazards.--The <--
3 department shall designate those hazardous substances which
4 shall be considered special hazardous substances and those which
5 shall be considered environmental hazards. The department shall
6 compile separate lists of the special hazardous substances and
7 the environmental hazards. These lists shall be updated,
8 transmitted to employers and posted by employers in the same
9 manner as the hazardous substance list. THE DEPARTMENT SHALL, BY <--
10 REGULATION, SPECIFY THOSE SPECIAL HAZARDOUS SUBSTANCES WHICH,
11 BECAUSE OF THEIR PARTICULAR OR EXTREME PROPERTIES, MUST BE
12 IDENTIFIED AT CONCENTRATIONS OF LESS THAN 0.01%.
13 (d) (E) Hazardous substance survey form.--Every employer <--
14 shall, upon a form supplied by the department, fill out a
15 hazardous substance survey for each workplace, providing
16 information on the hazardous substances present during the prior
17 year. A listing of the hazardous substances shall be posted by
18 the employer as required by section 7. Upon the written request
19 of any person IN PENNSYLVANIA, the department shall require the <--
20 employer to forward a copy of the completed survey form to the
21 department within 20 days. The department shall, in turn, keep a
22 copy of the survey form on file, and shall immediately transmit
23 a copy of the form to the original requestor. The employer shall
24 update the hazardous substance survey for each workplace every
25 two years.
26 (e) (F) Access of police, fire and emergency response <--
27 agencies.--Upon the request of a local police, fire or emergency
28 response agency, within whose jurisdiction an employer falls, an
29 employer shall provide a copy of its latest hazardous substance
30 survey, together with AND, IF REQUESTED, copies of all relevant <--
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1 Material Safety Data Sheets. The employer shall further provide,
2 upon the request of said agency, all relevant and available
3 information concerning any environmental hazards pertaining to
4 the workplace in question.
5 (f) (G) Environmental hazard survey.--Upon the written <--
6 request of any person IN PENNSYLVANIA, the department shall <--
7 require an employer to complete an environmental hazard survey
8 for a particular workplace upon a form supplied by the
9 department. The environmental survey shall include those
10 substances emitted, discharged or disposed of from that
11 workplace, and shall provide the following information to the
12 extent that such information or reports are made under current
13 provisions of Federal and State, STATE, COUNTY OR MUNICIPAL law: <--
14 (1) The total known or estimated stack or point-source
15 emissions of the substance.
16 (2) The total estimated fugitive or nonpoint-source
17 emissions of the substance.
18 (3) The total known or estimated discharge of the
19 substance into the surface or groundwater, the treatment
20 methods and the known or estimated raw wastewater volume and
21 loadings.
22 (4) The total known or estimated discharge of the
23 substance into publicly owned treatment works.
24 (5) The known or estimated quantity and methods of
25 disposal of any wastes containing the substance, the method
26 of onsite storage of these wastes, the location or locations
27 of the final disposal sites for these wastes and the identity
28 of the hauler of the wastes.
29 Within 30 days of the department's request, the employer shall
30 return the completed environmental survey form to the
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1 department, which shall in turn keep a copy on file and shall
2 immediately transmit a copy to the original requestor. The
3 employer shall also keep a copy of the environmental hazard
4 survey on file at that workplace and at its principal place of
5 business in the Commonwealth.
6 (g) Onsite testing.--Upon request to the department, and for <--
7 good cause shown, and upon consultation with the interested
8 parties involved, the department may require an employer to use
9 onsite testing or such other methods as will provide more exact
10 information as requested on the environmental hazard survey. In
11 an emergency, the secretary may empower the department to
12 undertake said testing at the Commonwealth's expense.
13 (H) ONSITE TESTING.--UPON THE REQUEST TO THE DEPARTMENT, AND <--
14 FOR GOOD CAUSE SHOWN AND UPON CONSULTATION WITH THE INTERESTED
15 PARTIES INVOLVED, THE DEPARTMENT MAY CONDUCT AT ITS EXPENSE
16 ONSITE TESTING OR USE SUCH OTHER METHODS AS WILL PROVIDE MORE
17 EXACT INFORMATION CONCERNING THE ENVIRONMENTAL HAZARDS REPORTED
18 IN THE ENVIRONMENTAL HAZARDS SURVEY UNDER SUBSECTION (G). THE
19 SITE OWNER MAY CONDUCT ONSITE TESTING INSTEAD OF THE DEPARTMENT.
20 UPON THE WRITTEN REQUEST OF THE EMPLOYER, THE DEPARTMENT SHALL
21 DETAIL IN WRITING THE TYPE AND METHODS OF TESTING AND PROVIDE
22 TECHNICAL ASSISTANCE TO AID THE EMPLOYER WHO CHOOSES TO CONDUCT
23 TESTING INSTEAD OF THE DEPARTMENT. IN AN EMERGENCY, THE
24 DEPARTMENT MAY UNDERTAKE SAID TESTING AT THE COMMONWEALTH'S
25 EXPENSE. THE DEPARTMENT SHALL NOT CONDUCT ONSITE TESTING WHICH
26 HAS ALREADY BEEN CONDUCTED BY OSHA.
27 (h) (I) Authority to modify filing requirements.--The <--
28 department may, by regulation, require certain classes or groups
29 of employers to automatically file with the department the
30 completed hazardous substance survey and/or environmental hazard
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1 survey every two years, taking into account the nature and
2 quantity of the hazardous substances and/or environmental
3 hazards involved, the likely danger to the surrounding
4 community, the number of employees affected or the importance of
5 said information to future epidemiological or other health
6 studies.
7 (i) Application.--Notwithstanding any language to the <--
8 contrary, the provisions of this act shall not apply to
9 hazardous substances contained in the following:
10 (1) An article.
11 (2) Products intended for personal consumption by
12 employees in the workplace; consumer products packaged in
13 containers which are primarily designed for distribution to,
14 and use by, the general public; and foods as defined in the
15 Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301 et
16 seq.).
17 (3) A research and development laboratory, except for
18 the provisions of sections 5, 8, 11, 13 and 14. This
19 exemption does not include a laboratory that primarily
20 produces hazardous substances for commercial purposes.
21 "Technically qualified individual" means a person who,
22 because of education, training or experience, understands the
23 risks associated with the hazardous substance or mixture
24 containing a hazardous substance handled by employees under
25 his or her supervision or guidance.
26 (4) A workplace where a hazardous substance is received
27 in a sealed package and is subsequently sold or transferred
28 in that package within 20 days, if the seal remains intact
29 while the substance is in the workplace, except for the
30 provisions of sections 5, 8, 11, 13 and 14.
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1 (j) Retention of materials.--The department shall maintain a
2 file of all completed hazardous substance surveys and
3 environmental hazard surveys for 30 years. The department shall
4 also retain at least one Material Safety Data Sheet for each
5 hazardous substance and hazardous mixture, together with
6 revisions thereof.
7 Section 4. Obligation of suppliers.
8 (a) Labeling.--Every supplier, as condition of doing
9 business in this Commonwealth, shall insure that the container
10 of any chemical which is delivered to a point within this
11 Commonwealth or which is produced within this Commonwealth is
12 clearly labeled in the manner required by section 6.
13 (b) Provision of Material Safety Data Sheets.--
14 (1) All manufacturers, importers or suppliers, as a
15 condition of doing business in this Commonwealth, shall
16 prepare an MSDS for each hazardous substance or hazardous
17 mixture they produce or import, and shall ensure that all
18 purchasers of hazardous substances or hazardous mixtures are
19 provided an appropriate MSDS with their initial shipment, and
20 with the first shipment after an MSDS is updated. The
21 manufacturer, importer or supplier shall further provide an
22 MSDS for any other chemical delivered to a point within the
23 Commonwealth, if the manufacturer, importer or supplier
24 produces or possesses such an MSDS.
25 (2) Distributors shall ensure that MSDS's are provided
26 to all purchasers of hazardous substances or hazardous
27 mixtures. Manufacturers, importers, suppliers and
28 distributors shall notify the recipient of the hazardous
29 substance or hazardous mixture that such substance is subject
30 to the provisions of this act. In lieu of physically
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1 attaching MSDS's to containers shipped, the manufacturer,
2 importer, supplier or distributor may mail the MSDS to the
3 purchaser at the time of the shipment.
4 (3) Employers shall obtain and maintain MSDS's for each
5 hazardous substance or hazardous mixture in their workplace.
6 If an MSDS is not provided with the shipment, the employer
7 shall obtain one from the manufacturer, importer, supplier or
8 distributor.
9 (4) Manufacturers, importers or suppliers shall ensure
10 that one copy of an MSDS for each hazardous substance or
11 hazardous mixture which they produce within or deliver to a
12 point within this Commonwealth shall be mailed to the
13 department at the same time as their initial shipment to an
14 employer within this Commonwealth. In addition, the
15 manufacturer, importer or supplier shall mail to the
16 department one copy of an MSDS for any other chemical for
17 which they produce or possess an MSDS, at the time of the
18 initial shipment of the chemical to an employer within this
19 Commonwealth. An additional submission of an MSDS shall be
20 made at the time of the first shipment to an employer within
21 this Commonwealth after an MSDS is updated. In this manner,
22 or upon its own initiative, the department shall compile a
23 complete file of all MSDS's for each hazardous substance,
24 hazardous mixture and appropriate chemical that is produced
25 or distributed within this Commonwealth, and shall keep the
26 complete MSDS file updated as new information becomes
27 available.
28 (c) Contents of Material Safety Data Sheets.--Subject to the <--
29 trade secret provisions covered in section 11, the information
30 in the Material Safety Data Sheets shall be at least as complete
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1 as that maintained both by the National Library of Medicine
2 computer files and the latest edition of the National Fire
3 Protection Association's Fire Protection Guide on Hazardous
4 Materials. It shall include, but not be limited to, the
5 following information:
6 (C) CONTENTS OF MATERIAL SAFETY DATA SHEETS.--THE <--
7 INFORMATION IN THE MATERIAL SAFETY DATA SHEETS SHALL REFLECT THE
8 CONTENTS OF THE RELEVANT NATIONAL LIBRARY OF MEDICINE COMPUTER
9 FILES AND THE LATEST EDITION OF THE NATIONAL FIRE ASSOCIATION'S
10 FIRE PROTECTION GUIDE ON HAZARDOUS MATERIALS. SUBJECT TO THE
11 TRADE SECRET PROVISIONS OF SECTION 11, IT SHALL ALSO INCLUDE,
12 BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
13 (1) The chemical name, the Chemical Abstracts Service
14 number, the trade name, common names and any other names
15 under which said substance is regulated by another State or
16 Federal agency.
17 (2) The chemical name, common name and Chemical
18 Abstracts Service number of every chemical contained in the
19 substance which comprises 3% or more of the substance except
20 that hazardous substances shall be listed if they comprise 1%
21 or more of the substance, and all special hazardous
22 substances WHICH COMPRISE 0.01% OR MORE OF THE SUBSTANCE <--
23 shall be listed.
24 (3) A reference to all relevant information on the
25 hazardous substance from the NIOSH Registry of Toxic Effects
26 of Chemical Substances.
27 (4) The boiling point, vapor pressure, vapor density,
28 solubility in water, specific gravity, melting point,
29 physical state, color and odorous properties at standard
30 conditions of temperature and pressure.
19830H1236B3573 - 19 -
1 (5) The flash point, auto ignition temperature,
2 percentage of volume of flammable limits, the recommended
3 fire extinguishing media, any special firefighting procedure
4 and any other unusual fire or explosion hazards.
5 (6) The hazards, if any, posed by the substance,
6 including its toxicity, tumorigenicity, mutagenicity,
7 reproductive toxicity, flammability, explosiveness,
8 corrosivity and reactivity, including specific information on
9 its reactivity with water.
10 (7) A description, in nontechnical language, of the
11 acute and chronic health effects of exposure to the
12 substance, including the signs and symptoms of exposure, and
13 medical conditions that might be WHICH ARE GENERALLY <--
14 RECOGNIZED AS BEING aggravated by exposure TO THE SUBSTANCE. <--
15 (8) The permissible exposure level, threshold limit
16 value, short-term, ceiling and other established limit values
17 as set by OSHA, National Institute of Occupational Safety and
18 Health, American Industrial Hygiene Association and American
19 Conference of Governmental Industrial Hygienists.
20 (9) The potential routes and symptoms of exposure to the
21 hazardous substances.
22 (10) Emergency first aid procedures in case of
23 inhalation, swallowing, eye splashes and skin contamination,
24 including a telephone number to be called day or night in an
25 emergency and any special information needed by medical
26 practitioners treating persons.
27 (11) The appropriate emergency and first aid procedures
28 for spills, fires, potential explosions and accidental or
29 unplanned emissions involving the hazardous substance.
30 (12) Recommended waste disposal method if applicable.
19830H1236B3573 - 20 -
1 (13) Personal protective equipment to be worn or used
2 when handling or otherwise coming in contact with the
3 substance and any special precautions, recommended
4 engineering controls or work practices to be used in handling
5 the substance.
6 (14) A description of the extent of testing performed on
7 the substance. and an indication of what aspects have not <--
8 been tested.
9 (15) A description of the known or possible synergistic <--
10 or additive effects caused REASONABLY ANTICIPATED by exposure <--
11 to this substance and to other substances over the same
12 period of time.
13 (16) For mixtures, a description of any KNOWN dangers or <--
14 hazards created by the mixture that are greater than and
15 would not be otherwise disclosed by the Hazardous Substance
16 Fact Sheets for the constituent chemical substances.
17 (17) The name, address and telephone number of the
18 manufacturer of the chemical.
19 (18) Date of preparation or last revision of the sheet.
20 NOTWITHSTANDING THE ABOVE, ANY MSDS WHICH CONTAINS THE <--
21 INFORMATION REQUESTED IN PARAGRAPHS (1) AND (2), AND WHICH
22 OTHERWISE CONTAINS THE INFORMATION REQUIRED BY 29 CFR §
23 1900.1200(G)(2), AS OF NOVEMBER 25, 1983, SHALL BE CONSIDERED TO
24 HAVE MET THE REQUIREMENTS OF THIS SECTION.
25 (d) Chemical identification sheet.--An employer or supplier
26 may, for convenience, provide the information requested in
27 subsection (c)(2) by affixing a chemical identification sheet
28 containing said information to an already existing MSDS and it
29 shall be considered an integral part of the MSDS.
30 (e) Similar substances.--Where hazardous mixtures have
19830H1236B3573 - 21 -
1 similar contents and hazards, but vary in specific composition,
2 the supplier or employer may prepare one Material Safety Data
3 Sheet to apply to all of the similar mixtures: Provided, That
4 the Material Safety Data Sheet identifies all the various
5 mixtures by the names to which it applies, is correct in all
6 respects and correctly states the constituent chemicals in all
7 of the mixtures. IT IS NOT NECESSARY TO PRODUCE A NEW MSDS WHEN <--
8 A HAZARDOUS SUBSTANCE IS DILUTED WITH WATER.
9 (f) No duty to test.--This section shall not be construed to
10 mean that an employer or supplier must conduct studies to
11 develop new information.
12 (G) AGRICULTURAL MIXTURES.--WHEN A FARM SUPPLIER COMBINES <--
13 ONE OR MORE CHEMICALS FOR AGRICULTURAL USE, THE FARM SUPPLIER
14 MAY SUBSTITUTE ALL MATERIAL SAFETY DATA SHEETS FOR THE
15 INGREDIENTS IN THE MIXTURE IN LIEU OF PREPARING A NEW MSDS.
16 Section 5. Availability of information.
17 (a) Dissemination to local agencies.--The department shall
18 ensure that each of its regional offices makes available to the
19 public the MSDS's and other information required under this act.
20 The department shall further make immediately available any
21 MSDS's and any completed hazardous substance or environmental
22 hazard surveys for a particular county to the appropriate local
23 police, fire or other emergency response agency, upon said
24 agency's request, if the same has not already been obtained.
25 (b) New information.--Whenever a supplier receives or
26 discovers any relevant new information regarding a hazardous
27 substance, the supplier shall make such information available to
28 the department and to all employers to which the supplier
29 provides said substance. The employer shall, in turn, make such
30 information available to employees and the employees'
19830H1236B3573 - 22 -
1 representatives, upon receipt of such new information.
2 (c) Copy of data available to employees.--An employer shall
3 furnish, upon the request of an employee or employee
4 representative, any of the following:
5 (1) Any of the lists or survey forms generated under
6 section 3.
7 (2) Any Material Safety Data Sheet for any hazardous
8 substance or hazardous mixture present in any of the
9 employer's workplaces.
10 (d) Furnishing information.--Upon the written request of an <--
11 employee or employee representative, the employer shall furnish
12 a copy of the MSDS or the HSFS to said employee within five days
13 of receipt of the written request, if the requested MSDS or HSFS
14 is in the possession of the employer. If the employer possesses
15 said information, and fails to give said information to the
16 employee or employee representative within five days, the
17 employee shall have the right to refuse to work with the
18 specific hazardous substance until such time as the information
19 requested is provided, without penalty to said employee. If the
20 requested information is not in the possession of the employer,
21 the employer shall notify, in writing, said employee within five
22 days of the receipt of the written request, that the information
23 is not in his possession. Within 15 days of the date of written
24 notification to the employee, the employer shall obtain the
25 requested information from either the manufacturer, supplier or
26 the department. If the employer fails to supply the employee the
27 requested information within 15 days of the date of the written
28 notification to said employee, said employee shall then have the
29 right to refuse to work with the said hazardous substance, until
30 such time as the employer supplies the requested information, at
19830H1236B3573 - 23 -
1 no penalty to said employee.
2 (D) FURNISHING INFORMATION.--UPON THE WRITTEN REQUEST OF AN <--
3 EMPLOYEE OR EMPLOYEE REPRESENTATIVE, THE EMPLOYER SHALL FURNISH
4 A COPY OF THE REQUESTED MSDS OR THE HSFS TO SAID EMPLOYEE WITHIN
5 FIVE DAYS OF RECEIPT OF THE WRITTEN REQUEST. IF THE REQUESTED
6 MSDS OR HSFS IS IN THE POSSESSION OF THE EMPLOYER AND THE
7 EMPLOYER FAILS TO GIVE SAID INFORMATION TO THE EMPLOYEE OR
8 EMPLOYEE REPRESENTATIVE WITHIN FIVE DAYS, THE EMPLOYEE SHALL
9 HAVE THE RIGHT TO REFUSE TO WORK WITH THE SPECIFIC HAZARDOUS
10 SUBSTANCE WITHOUT PENALTY TO SAID EMPLOYEE UNTIL SUCH TIME AS
11 THE INFORMATION REQUESTED IS PROVIDED. IF THE REQUESTED
12 INFORMATION IS NOT IN THE POSSESSION OF THE EMPLOYER, THE
13 EMPLOYER SHALL NOTIFY, IN WRITING, SAID EMPLOYEE WITHIN FIVE
14 DAYS OF THE RECEIPT OF THE EMPLOYEE'S WRITTEN REQUEST THAT THE
15 INFORMATION IS NOT IN THE EMPLOYER'S POSSESSION. WITHIN 15 DAYS
16 OF THE EMPLOYER'S WRITTEN NOTIFICATION TO THE EMPLOYEE, THE
17 EMPLOYER SHALL ATTEMPT TO OBTAIN THE REQUESTED INFORMATION FROM
18 THE SUPPLIER AND THE DEPARTMENT AND SHALL DOCUMENT SUCH
19 ATTEMPTS. UPON RECEIPT OF THE EMPLOYER'S REQUEST, THE DEPARTMENT
20 SHALL IMMEDIATELY ATTEMPT TO OBTAIN THE REQUESTED INFORMATION
21 FROM THE SUPPLIER AND NOTIFY THE EMPLOYER OF THAT ATTEMPT. IF,
22 AT THE END OF THE 15-DAY PERIOD, THE SUPPLIER DOES NOT RESPOND
23 TO THE EMPLOYER'S AND THE DEPARTMENT'S REQUEST, THE EMPLOYER AND
24 THE DEPARTMENT SHALL GIVE TO THE EMPLOYEE ALL HAZARDOUS
25 SUBSTANCE INFORMATION REQUIRED BY THIS ACT IN THE EMPLOYER'S OR
26 DEPARTMENT'S POSSESSION. THE EMPLOYEE SHALL HAVE THE RIGHT TO
27 REFUSE TO WORK WITHOUT PENALTY UNTIL THE REQUESTED INFORMATION
28 IS FURNISHED UNLESS THE EMPLOYER AND THE DEPARTMENT HAVE TAKEN
29 ALL ACTIONS PRESCRIBED BY THIS SECTION. REASSIGNMENT OF AN
30 EMPLOYEE TO OTHER WORK, AT EQUAL PAY AND BENEFITS, SHALL NOT BE
19830H1236B3573 - 24 -
1 CONSIDERED A PENALTY UNDER THIS SUBSECTION.
2 (e) Information in the work area.--Every employer shall post <--
3 MAKE READILY AVAILABLE, in every work area, the Material Safety <--
4 Data Sheet for every hazardous substance or hazardous mixture to
5 which the employees working in said work area may be exposed.
6 This posting shall be THE MATERIAL SAFETY DATA SHEETS SHALL BE <--
7 MADE AVAILABLE in such a manner and in such numbers as to give
8 every employee in that work area easy and unhindered access to
9 the Material Safety Data Sheets without permission or
10 intervention of management or any supervisor.
11 (f) Limitation on fees.--All Material Safety Data Sheets,
12 educational and other materials shall be furnished by an
13 employer to an employee or employee representative at no cost to
14 the employee or employee representative. If the employee making
15 the request has requested and received the same information
16 about the same substance within the preceding 12 months, the
17 employer may impose a reasonable charge not to exceed the costs
18 of reproduction for that information. No fee shall be charged if
19 that employee's job assignment has changed or there is new
20 information available concerning any of the subjects about which
21 information is required to be provided. In no event shall the
22 employer charge fees pursuant to requests by a certified or
23 recognized bargaining agent.
24 (g) Public access.--Any person LIVING OR WORKING IN <--
25 PENNSYLVANIA AND WHO IS NOT A COMPETITOR may request from the
26 department a copy of the lists or forms required in section 3
27 which are present in a particular workplace, and any Material
28 Safety Data Sheet or Hazardous Substance Fact Sheet on file and
29 the department shall transmit the requested material within 45
30 days. Any request shall be treated by the department as
19830H1236B3573 - 25 -
1 confidential as to the name and address of the requestor. The
2 department shall also make materials for its respective regions
3 immediately available during business hours from its regional
4 offices. Materials shall be available at a fee not to exceed the
5 cost of reproducing them.
6 Section 6. Labeling.
7 (a) Labeling of container.--
8 (1) The employer shall ensure that each container of a
9 hazardous substance is labeled, tagged or marked with the
10 chemical name or common name, a hazard warning as provided in
11 subsection (f), and the name, address and telephone number of
12 the manufacturer of the substance.
13 (2) The employer shall ensure that each container of a
14 hazardous mixture is labeled, tagged or marked with the
15 common name of the mixture where one exists, or the trade
16 name of the mixture, if no common name exists, the chemical
17 or common name of all special hazardous substances in the <--
18 mixture COMPRISING 0.01% OR MORE OF THE MIXTURE, the chemical <--
19 or common name of all hazardous substances constituting 1% or
20 more of the mixture, a hazard warning as provided in
21 subsection (f), and the name, address and telephone number of
22 the manufacturer of the substance.
23 (3) The employer shall ensure that each container of a
24 single chemical is labeled, tagged or marked with the
25 chemical name or common name, a hazard warning as provided in
26 subsection (f), if appropriate, and the name, address and
27 telephone number of the manufacturer of the chemical.
28 (4) The employer shall ensure that each container of a
29 mixture is labeled, tagged or marked with the common name of
30 the mixture where one exists, or the trade name of the
19830H1236B3573 - 26 -
1 mixture if no common name exists, a hazard warning as
2 provided in subsection (f), if appropriate, and the name,
3 address and telephone number of the manufacturer. In
4 addition, the employer shall ensure that either the top five
5 substances by volume or those substances constituting 5% or
6 more of the mixture, be labeled by chemical name or common
7 name.
8 (5) The employer is not required to label any container
9 of ten gallons or less in volume into which a chemical or <--
10 mixture is transferred by the employee from labeled
11 containers and which is intended only for the immediate use
12 by the employee who performs the transfer.
13 (6) The employer shall ensure that each container of
14 hazardous substances, hazardous mixtures, or chemicals
15 leaving the workplace is labeled, tagged or marked with the
16 appropriate information as required in subsection (a)(1),
17 (2), (3) or (4).
18 (7) THE EMPLOYER MAY CALL UPON THE MANUFACTURER OR <--
19 SUPPLIER FOR ASSISTANCE IN LABELING.
20 The employer shall ensure that each label is prominently affixed
21 to the container or the piping system and displayed in such a
22 manner that employees can easily identify the chemical in that
23 container. These labeling requirements may be altered only in
24 accordance with subsections (b), (d) and (f) or section 11. The
25 employer shall not remove or deface existing labels on incoming
26 containers of chemicals unless the container is immediately
27 relabeled with the required information. The employer need not
28 affix new labels to comply with this section if existing labels
29 already convey the required information that the chemical or
30 common name on the container is the same as that listed on the
19830H1236B3573 - 27 -
1 MSDS and can be used by the employee as a cross-reference to the
2 MSDS. ANY LABEL MAY CONTAIN OTHER INFORMATION, INCLUDING TRADE <--
3 OR BRAND NAME, PROVIDED THE INFORMATION REQUIRED BY THIS SECTION
4 IS CLEARLY LEGIBLE. NOTHING IN THIS SECTION SHALL REQUIRE AN
5 EMPLOYER TO TEST ANY CHEMICAL TO DETERMINE THE ACCURACY OF THE
6 LABEL.
7 (B) COMMON NAME USAGE.--A COMMON NAME OR TRADE NAME MAY BE
8 USED FOR THE PURPOSE OF SUBSECTION (A)(1), (2), (3) AND (4),
9 ONLY IF THE USE OF SUCH NAME MORE EASILY OR READILY IDENTIFIES
10 THE TRUE NATURE OF A CHEMICAL OR MIXTURE. WHERE A CHEMICAL NAME
11 OR CHEMICAL ABSTRACTS SERVICE NUMBER EXISTS, BUT THE CONTAINER
12 IS NOT LABELED WITH EITHER, AN EMPLOYEE SHALL HAVE THE RIGHT TO
13 REQUEST, IN WRITING, THE CHEMICAL NAME OR CHEMICAL ABSTRACTS
14 SERVICE NUMBER OF THE SUBSTANCE, AND THE EMPLOYER SHALL HAVE
15 FIVE WORKING DAYS TO GIVE THE REQUIRED INFORMATION TO SAID
16 EMPLOYEE, IF A CHEMICAL NAME OR CHEMICAL ABSTRACT SERVICE NUMBER
17 IS IN THE POSSESSION OF THE EMPLOYER. IF NO CHEMICAL NAME OR
18 CHEMICAL ABSTRACTS SERVICE NUMBER IS IN THE POSSESSION OF THE
19 EMPLOYER, THE EMPLOYER SHALL NOTIFY THE REQUESTING EMPLOYEE, IN
20 WRITING, WITHIN FIVE WORKING DAYS OF THE INITIAL EMPLOYEE
21 REQUEST AND THE EMPLOYEE SHALL HAVE THE RIGHT TO REQUEST THE
22 DEPARTMENT TO SUPPLY SAID CHEMICAL NAME OR CHEMICAL ABSTRACTS
23 SERVICE NUMBER.
24 (c) Pipelines.--The content of a pipeline system shall be <--
25 identified by labels applied at or near all ports. In those
26 cases in which more than a single substance may pass through
27 such ports involved in any manufacturing process at any given
28 moment, the employer shall develop methods to adequately apprise
29 anyone potentially having access to such ports as to the
30 contents therein prior to opening such ports. This requirement
19830H1236B3573 - 28 -
1 of this subsection shall not be applicable to effluents, water
2 discharges and/or emissions through stacks or discharge
3 conduits.
4 (C) PIPELINES.--THE CONTENT OF A PIPELINE SYSTEM SHALL BE <--
5 IDENTIFIED BY LABELS APPLIED AT OR NEAR ALL PORTS. AS USED IN
6 THIS SUBSECTION, "PORTS" SHALL MEAN A POINT OF ACCESS, WHICH MAY
7 BE OPENED TO THE ENVIRONMENT, USED FOR CHARGING OR DISCHARGING A
8 SYSTEM, AT WHICH AN EMPLOYEE MAY COME INTO DIRECT CONTACT WITH A
9 CHEMICAL UNDER NORMAL CONDITIONS OF USE. IN THOSE CASES IN WHICH
10 A PIPELINE IS USED TO CONVEY DIFFERENT CHEMICALS AT DIFFERENT
11 TIMES, AND IN THE CASE OF AN ENVIRONMENTAL HEALTH AND PEST
12 CONTROL SYSTEM OR OTHER SYSTEM DESIGNED TO AUTOMATICALLY
13 DISCHARGE A CHEMICAL FROM SPRAY-TYPE PORTS, THE EMPLOYER MAY
14 DEVELOP ALTERNATIVE METHODS TO ADEQUATELY APPRISE ANYONE WHO MAY
15 BE POTENTIALLY EXPOSED AT ANY PORT OF THE CONTENTS OF THE
16 PIPELINE. THE REQUIREMENTS OF THIS SUBSECTION SHALL NOT BE
17 APPLICABLE TO EFFLUENTS, WATER DISCHARGES OR EMISSIONS THROUGH
18 STACKS, DISCHARGE CONDUITS OR TO FIRE SPRINKLER SYSTEMS
19 CONTAINING ONLY WATER.
20 (d) Display of label.--The employer shall ensure that each
21 label, sign, placard, or other operating instructions required
22 by this section is legible and prominently affixed in and
23 displayed to the container or port in such a manner that
24 employees can easily identify the substance or mixture present
25 therein. The employer may use signs, placards, operating
26 procedures or other such printed materials as alternatives to
27 individual labels on stationary equipment, AGRICULTURAL <--
28 IMPLEMENTS, AND PORTABLE OR MOBILE MACHINERY USED IN OUTDOOR OR
29 TEMPORARY WORKSITES, as long as the alternatives used indicates
30 the appropriate chemical or common name and hazard warnings and
19830H1236B3573 - 29 -
1 is readily accessible AVAILABLE to employees. in their work <--
2 area.
3 (e) Cross-reference to MSDS.--The employer shall ensure that
4 the chemical or common name used on the container to identify a
5 hazardous substance or mixture is the same as the chemical or
6 common names used on the MSDS or Hazardous Substance Fact Sheet,
7 if that is the information available for the hazardous substance
8 or mixture, and that the MSDS or Hazardous Substance Fact Sheet
9 is readily available to the employee in his work area.
10 (f) Hazard warnings.--Each employer shall ensure that
11 container labels provide a warning as to the specific nature of
12 hazard arising from the substance in the container. The hazard
13 warnings shall be given in conformity with one of the nationally
14 recognized and accepted systems of providing such warnings and
15 shall be consistent throughout the workplace.
16 (g) Exemptions.--When containers are labeled as required
17 under applicable Federal laws and regulations, this section does
18 not require labeling of containers which contain:
19 (1) Any pesticides as such terms are defined in the
20 Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
21 § 135 et seq.).
22 (2) Any food, drug or cosmetic as such terms are defined
23 in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301
24 et seq.).
25 (3) Any distilled spirits (beverage alcohols), wine, or
26 malt beverage intended for nonindustrial use, as such terms
27 are defined in the Federal Alcohol Administration Act (27
28 U.S.C. § 201 et seq.).
29 (4) HAZARDOUS WASTE FROM SPILLS AND DISPOSAL SITE <--
30 REHABILITATION PROJECTS HANDLED PURSUANT TO THE RESOURCE
19830H1236B3573 - 30 -
1 CONSERVATION AND RECOVERY ACT OF 1976 (PUBLIC LAW 94-580, 42
2 U.S.C. 6901 ET SEQ.) OR THE COMPREHENSIVE ENVIRONMENTAL
3 RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (PUBLIC LAW
4 96-510, 26 U.S.C. 4611 ET SEQ. AND 42 U.S.C. 9601 ET SEQ.).
5 Section 7. Notice.
6 (A) WORKPLACE POSTINGS.--Every employer shall prominently <--
7 post in every workplace, in a location or locations where
8 notices to employees are normally posted:
9 (1) Lists of all hazardous substances and special
10 hazardous substances found in that workplace and all
11 environmental hazards emitted or discharged therefrom. In
12 addition, upon request, an employer shall furnish to an
13 employee, a list of the hazardous substances used or produced
14 in that employee's work area. A new or newly assigned
15 employee shall be offered a list when assigned to a work
16 area. Such lists shall be updated as necessary but at least
17 annually.
18 (2) Notification to employees and their representatives
19 of their rights under this act.
20 (3) All other notices required by the department to be
21 posted.
22 (B) OUTDOOR AND TEMPORARY WORKSITES.--IN THE CASE OF OUTDOOR <--
23 OR TEMPORARY WORKSITES WHICH ARE NOT CONTIGUOUS TO A BUILDING
24 REGULARLY USED BY THE EMPLOYER AS A WORKPLACE, ALL POSTINGS OF
25 NOTICES, MATERIAL SAFETY DATA SHEETS, AND OTHER MATERIALS SHALL
26 BE IN A LOCATION WHERE EMPLOYEES, DURING A COURSE OF A NORMAL
27 DAY OF WORK, HAVE ACCESS WHICH DOES NOT DEPEND ON THE PERMISSION
28 OR INTERVENTION OF MANAGEMENT OR ANY SUPERVISOR.
29 Section 8. Employer educational program.
30 (a) Requirement.--Every employer shall provide at least A <--
19830H1236B3573 - 31 -
1 MINIMUM an annual education and training program for employees
2 exposed to hazardous substances or hazardous mixtures with
3 respect to the hazardous substance or mixture found in their
4 normal work area. Additional instruction shall be provided
5 whenever the potential for exposure to the hazardous substance
6 is altered or whenever new and significant information is
7 received by the employer concerning the hazards of the substance
8 or mixture.
9 (b) Content of program.--Employers shall furnish employees
10 who are using or handling hazardous substances or hazardous
11 mixtures with information on the contents of a Material Safety
12 Data Sheet, label or equivalent information either in written
13 form or through training programs which may be generic to the
14 extent appropriate and related to the job. Content of the
15 program shall include, as appropriate, the following information
16 concerning the hazardous substances or hazardous mixtures:
17 (1) The location.
18 (2) The properties.
19 (3) The chemical and common name.
20 (4) The acute and chronic effects.
21 (5) The symptoms arising from exposure.
22 (6) The potential for flammability, explosivity and
23 reactivity.
24 (7) Appropriate emergency treatment.
25 (8) Appropriate personal protective equipment and proper
26 conditions for safe use.
27 (9) Emergency procedures for spills, leaks, fires,
28 pipeline breakdowns or other accidents.
29 (c) Education and training assistance program.--As part of
30 its outreach program, the department shall develop and maintain
19830H1236B3573 - 32 -
1 an education and training assistance program to aid employers
2 who because of size or other practical considerations, are
3 unable to develop such programs by themselves. Such a program
4 would be available to the employer on request.
5 Section 9. Health and exposure records.
6 (a) General rule.--Upon request by the department, employers
7 shall provide copies of employee health and exposure records
8 maintained by the employer, including, but not limited to, those
9 records maintained and supplied to the Federal Government by
10 employers as mandated under applicable State and Federal
11 statutes and regulations except as access by third parties is
12 limited by said statutes and regulations.
13 (b) Certain information confidential.--The department shall
14 not release any information in a way that identifies
15 individuals. The department may, however, publish analysis of
16 reports and information for scientific and public health
17 purposes if the identities of the individuals concerned cannot
18 be ascertained and if information protected by applicable trade
19 secret law is not divulged.
20 (c) Records retention requirement.--The department shall
21 require an employer to keep records of his employees' exposure
22 to specific chemical substances to the extent that such are
23 required under 29 CFR 1910.20(g) (relating to employee
24 information).
25 (d) Employee access.--Employees under this act shall have
26 the right of access to exposure and medical records in the
27 manner set forth by OSHA pursuant to 29 CFR 1910.20 (relating to
28 access to employee exposure and medical records), as effective
29 August 21, 1980.
30 Section 10. Outreach programs.
19830H1236B3573 - 33 -
1 (a) Duty of the department.--The department shall develop
2 and implement outreach programs to inform employees and the
3 general public of their respective rights under this act and to
4 educate and inform employers, employees and the public,
5 concerning hazardous and other dangerous substances, including,
6 but not limited to, their dangers, their proper handling and
7 disposal and emergency treatment. The department shall prepare
8 this information in a clear and concise manner using words with
9 common and everyday meanings. The department shall also ensure
10 that all written materials are available in Spanish, including
11 departmental notices, Hazardous Substance Fact Sheets, education
12 and public information materials.
13 (b) Contracts with other agencies to develop program.--The
14 department may contract with public and private organizations to
15 develop and implement the outreach and employee education
16 programs established pursuant to this act.
17 (c) Public information.--As part of the outreach programs,
18 the department shall develop and maintain a supply of
19 informational leaflets in public buildings, including employment
20 services, offices of the Office of Employment Security,
21 institutions and facilities under the supervision or control of
22 the department, hospitals, union halls, community centers,
23 schools and local agencies providing services to employers and
24 employees. The department shall mail these leaflets to employers
25 and shall periodically distribute public service announcements
26 to newspapers, television and radio stations throughout the
27 Commonwealth to further the goals of the outreach program.
28 (d) Hazardous Substance Fact Sheets.--The department may
29 produce and disseminate to the public a Hazardous Substance Fact
30 Sheet for any hazardous substance. The categories of information
19830H1236B3573 - 34 -
1 contained therein shall include, but not be limited to, the
2 information contained in a Material Safety Data Sheet. The
3 department may require employers to supply the Hazardous
4 Substance Fact Sheet to requesting employees instead of the
5 supplier's Material Safety Data Sheet.
6 Section 11. Trade secrets.
7 (a) Trade secret claims.--Any importer, employer,
8 manufacturer or supplier may withhold the chemical name or other
9 specific identification of a chemical as a trade secret,
10 provided that:
11 (1) The claim that the information withheld is a trade
12 secret can be supported by the person making the claim.
13 (2) The material safety data sheet discloses the
14 information concerning the properties and effects of the
15 chemical, if said chemical is a hazardous substance or
16 mixture.
17 (3) The label and material safety data sheet indicates
18 that the specific chemical identity is being withheld as a
19 trade secret AND SPECIFICALLY NOTES THAT A TRADE SECRET FOR A <--
20 SPECIAL HAZARDOUS SUBSTANCE IS BEING CLAIMED.
21 (4) The specific chemical identity is made available to
22 health professionals in accordance with this section.
23 (5) The person making the claim files a notice of said
24 claim with the department. Said notice shall not require the
25 person making the claim to disclose the information which is
26 claimed to be a trade secret.
27 (b) Disclosure to treating physicians and nurses.--
28 Notwithstanding any other provision of this act, an employer,
29 manufacturer, importer or supplier shall disclose the chemical
30 identification or other information claimed as a trade secret to
19830H1236B3573 - 35 -
1 a treating physician or nurse when such information is needed
2 for medical diagnosis or treatment of an exposed person. The
3 employer, manufacturer, importer or supplier may require the
4 physician or nurse to sign a confidentiality agreement before
5 disclosing the trade secret. In the case of a medical emergency,
6 the employer, manufacturer, importer or supplier shall first
7 disclose the trade secret to the treating physician or nurse but
8 may later require a confidentiality agreement when circumstances
9 permit.
10 (c) Disclosure to other health professionals.--Upon the
11 request of a health professional who is not a treating physician
12 or nurse, an employer, supplier, manufacturer or importer shall
13 disclose information which is claimed as a trade secret under
14 the same conditions and subject to the same requirements as
15 contained in the OSHA Hazard Communication Standard, 29 CFR Sec.
16 1900.1200(i)(3), (4) and (7). A health professional who is
17 denied such information under this section may file a complaint
18 or charge with the department. If the department concludes that
19 the information is not a bona fide trade secret, or that it is a
20 trade secret but the requesting health professional has a
21 legitimate medical or occupational health need for the
22 information, has executed a written confidentiality agreement,
23 and has shown adequate means to protect the confidentiality of
24 the information, the department may find the employer, supplier,
25 manufacturer or importer in violation of this act and order them
26 to disclose the requested information to the health
27 professional.
28 (d) Confidentiality agreement restrictions.--The
29 confidentiality agreement authorized by subsection (b) may
30 restrict the use of the information to providing medical or
19830H1236B3573 - 36 -
1 other occupational health services to the exposed person,
2 prohibit disclosure of the information to anyone who has not
3 entered into a similar agreement with the consent of the person
4 claiming the trade secret, and provide for appropriate legal
5 remedies in the event of a breach of the agreement. No
6 confidentiality agreement shall include requirements for the
7 posting of a penalty bond.
8 (e) Request for review of trade secret claims.--Any
9 AGGRIEVED person OR EMPLOYEE REPRESENTATIVE may request the <--
10 department to review trade secret claims made hereunder:
11 Provided, That any appeal from the decision of the department
12 shall not give said person the right of access to any
13 information considered confidential in subsection (f)(2).
14 (f) Review of trade secret claims.--Upon request by any
15 person, AGGRIEVED PERSON OR EMPLOYEE REPRESENTATIVE, or upon its <--
16 own initiative, the department may SHALL review trade secret <--
17 claims as provided herein:
18 (1) Within 30 days of receipt of a request for review of
19 a trade secret claim, the department shall notify the person
20 making the claim and require the person to file an
21 application and supporting evidence. All proceedings shall be
22 in conformity with Title 1 of the Pennsylvania Code (relating
23 to general provisions). If the department finds that the
24 information in question is not a trade secret as defined by
25 this act, it shall order disclosure of the information. Such
26 order shall be a final adjudication appealable to the
27 Commonwealth Court. Any appeal shall act as a stay to any
28 order of the department or any court which requires
29 disclosure.
30 (2) All trade secret applications, pleadings, hearing
19830H1236B3573 - 37 -
1 transcripts, documents and other records filed with the
2 department or any court pursuant to a review of trade secret
3 claims or appeals thereof shall be confidential and shall not
4 be disclosed to the public. The notice of claim filed with
5 the department and any petition for review or other pleading
6 filed with the courts which do not reveal either the trade
7 secret or any information claimed as confidential shall be
8 considered as public records. All records that reveal either
9 the trade secret or any information claimed as confidential
10 shall be sealed and held as confidential by the department
11 or, upon request, returned to the employer, supplier,
12 manufacturer or importer at the close of all proceedings
13 hereunder. All hearings provided for under this section shall
14 be closed to all persons except the employer, supplier,
15 manufacturer or importer and the department.
16 (g) 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 or 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. The person or institution which discloses the
24 confidential information is liable for damages to the full
25 extent of those damages. Violation of this section shall be
26 prima facie evidence of trespass under Pennsylvania common law.
27 (h) Protection of confidential information.--Information
28 certified to by appropriate officials of the Federal Government
29 as "necessarily kept secret" for national defense purposes shall
30 be accorded the full protection against disclosure as specified
19830H1236B3573 - 38 -
1 by such official or in accordance with Federal law.
2 Section 12. Risk to public health.
3 If the department determines that any hazardous substance or
4 other chemical poses a potential health risk to the general
5 public in an area surrounding the workplace, it shall inform the
6 nearest public health agency, hospital and fire company and
7 shall submit to them copies of each relevant Material Safety
8 Data Sheet or Hazardous Substance Fact Sheet.
9 Section 13. Protection of employees.
10 (a) General rule.--No employer shall discharge or cause to
11 be discharged, or otherwise discipline or in any manner
12 discriminate against an employee because the employee has filed
13 a complaint, assisted the department with respect to an
14 inspection under section 14, has instituted or caused to be
15 instituted any proceeding under or related to this act, has
16 testified or is amount to testify in any proceeding, has
17 requested any information or properly refused work under section
18 5, or has exercised any right afforded pursuant to the
19 provisions of this act.
20 (b) Burden of proof.--If the department or the employee
21 establishes that within the six months prior to the alleged
22 violation the employee exercised any right provided in this act,
23 the employer shall have the burden to show just cause for his
24 action by clear and convincing evidence.
25 (c) Waivers invalid.--Any waiver by an employee or applicant
26 for employment of the benefits or requirements of this act shall
27 be against public policy and shall be null and void. Any
28 employer's request or requirement that an employee waive any
29 rights under this act as a condition of employment shall
30 constitute a violation.
19830H1236B3573 - 39 -
1 Section 14. Complaints and investigations.
2 (a) Procedure.--The department is hereby empowered to
3 prevent any violations of this act. All proceedings under this
4 section will be scheduled and decisions rendered with all
5 deliberate speed in the interests of protecting employees and
6 members of the public from the dangers of chemical substances.
7 Any person who believes there is a violation by an employer or
8 supplier of this act or any part thereof, may file a complaint
9 within 180 days of the violation with the department. The
10 complaint shall be in writing, verified, and shall set forth the
11 grounds for the complaint. Upon request of the complainant, his
12 or her identity shall not be revealed. Within 30 days after
13 receipt of the complaint, the department shall so notify the
14 respondent in writing and permit the respondent to demonstrate
15 compliance with this act. If such compliance has not been
16 demonstrated by clear and convincing evidence to the department
17 within 14 days of the mailing of the notification, and if the
18 facts in controversy are susceptible to verification by
19 inspection, an employee of the department shall inspect, at
20 reasonable times, the employer's workplace and all conditions
21 relevant to the complaint and shall, in reasonable manner, make
22 any additional investigation deemed necessary for the full and
23 effective determination of the employer's or supplier's
24 compliance with this act. Whenever the representative of the
25 department proceeding under this section is denied admission to
26 any place of employment, he may obtain a warrant to make an
27 inspection or investigation of the place of employment from the
28 appropriate judicial authority upon a showing of the following:
29 (1) That the individual seeking the warrant is a duly
30 authorized agent of the department.
19830H1236B3573 - 40 -
1 (2) That such individual has established under oath or
2 affirmation that the place of employment to be investigated
3 in accordance with this section is to be inspected to
4 determine compliance or noncompliance with the requirements
5 of this act.
6 (b) Prerefusal warrant.--Upon application to the appropriate
7 judicial authority and for good cause shown, the department may
8 seek and obtain an inspection warrant prior to the 14-day period
9 set forth in subsection (a) and prior to any refusal by
10 respondent to voluntarily admit a representative of the
11 department.
12 (c) Issuance and content of order.--If, upon inspection or
13 investigation of a complaint, the department finds that a
14 respondent has violated any requirements of this act, it shall
15 within seven days issue to the respondent an order to comply.
16 This order shall be in writing and shall specifically describe
17 the nature of the violation and shall state a reasonable time
18 period, not to exceed 90 days, within which the violation must
19 be corrected by the employer.
20 (d) Civil penalties.--The department shall have authority to
21 assess any civil penalties from $500 to $10,000 for each
22 violation of this act, unless a greater amount is specified
23 elsewhere in this act, giving due consideration to the
24 appropriateness of the penalty with respect to the size of the
25 business of the employer being charged, the gravity of the
26 violation, the good faith of the respondent and the history of
27 previous violations. If the violation has not been corrected
28 within the time period, the department may levy a further civil
29 penalty of not more than $5,000 per day for each violation.
30 Civil penalties due under this act shall be paid to the
19830H1236B3573 - 41 -
1 department for deposit into the State Treasury and may be
2 collected by the department in a civil action brought in the
3 appropriate court of common pleas. The penalties collected shall
4 be used to defray the costs of the administration and
5 enforcement of this act.
6 (e) Hearings.--The respondent may, in writing, request the
7 department to provide a hearing concerning any orders to comply
8 or penalties levied upon the employer under this section within
9 30 days of the respondent's receipt of notice thereof. The
10 hearing shall be afforded in accordance with Title 2 of the
11 Pennsylvania Consolidated Statutes (relating to administrative
12 law and procedure). After the hearing, the department shall
13 affirm, reverse or modify its original determination.
14 (f) Preliminary relief.--Where the department determines
15 that reasonable cause exists to believe a violation has
16 occurred, and that said violation may present an imminent danger
17 to any employee or member of the public, the department shall
18 seek a preliminary or special injunction in the appropriate
19 court of common pleas. The courts of common pleas are hereby
20 empowered to, and shall issue said injunctive relief upon a
21 prima facie showing by the department of a violation and a
22 showing by a preponderance of the evidence that an imminent
23 danger situation is present.
24 (g) Interference with inspection.--Any employer or
25 individual who willfully obstructs or impedes an authorized
26 representative of the department from carrying out an
27 investigation or inspection pursuant to this act or who refuses
28 entry to an authorized representative of the department to any
29 workplace where such inspection is authorized by a warrant,
30 shall be assessed a civil penalty of not more than $1,000. Any
19830H1236B3573 - 42 -
1 person who gives advance notice of any inspection to be
2 conducted under this act, without authority from the department,
3 shall be assessed a civil penalty of not more than $1,000.
4 Section 15. Judicial review and enforcement.
5 (a) Appellate review.--Any person or persons aggrieved by a
6 final determination of the department pursuant to sections 11
7 and 14 may file a petition for review within 30 days of said
8 determination in the Commonwealth Court pursuant to 42 Pa.C.S. §
9 763(a) (relating to direct appeals from government agencies).
10 The decision of the department shall not be reversed or modified
11 unless said decision is found to be arbitrary, capricious,
12 illegal or not supported by substantial evidence.
13 (b) Original action.--Any person may bring a civil action in <--
14 the appropriate court of common pleas on his own behalf against
15 any employer or supplier for a violation of any provision of
16 this act or any rule promulgated pursuant thereto, or may bring
17 suit in the Commonwealth Court against the department for
18 failure to enforce the provisions of this act or any rule
19 promulgated pursuant thereto. Where the action involves the
20 rights of more than one employee, any certified or recognized
21 collective bargaining representative shall have standing to sue
22 on behalf of said employees. The court may issue, whenever it
23 deems appropriate, a preliminary, permanent or special
24 injunction and award compensatory and liquidated damages, costs
25 and expenses of litigation, including expert witness fees and
26 reasonable attorney fees.
27 (B) ORIGINAL ACTION.--ANY AGGRIEVED PERSON MAY BRING A CIVIL <--
28 ACTION IN THE APPROPRIATE COURT OF COMMON PLEAS ON HIS OWN
29 BEHALF AGAINST ANY EMPLOYER OR SUPPLIER FOR A VIOLATION OF ANY
30 PROVISION OF THIS ACT, EXCEPT SECTION 11, OR ANY RULE
19830H1236B3573 - 43 -
1 PROMULGATED THERETO, OR MAY BRING SUIT IN THE COMMONWEALTH COURT
2 AGAINST THE DEPARTMENT FOR FAILURE TO ENFORCE THE PROVISIONS OF
3 THIS ACT OR ANY RULE PROMULGATED PURSUANT THERETO. WHERE THE
4 ACTION INVOLVES THE RIGHTS OF MORE THAN ONE EMPLOYEE, ANY
5 CERTIFIED OR RECOGNIZED COLLECTIVE BARGAINING REPRESENTATIVE
6 SHALL HAVE STANDING TO SUE ON BEHALF OF SAID EMPLOYEES. THE
7 COURT MAY ISSUE, WHENEVER IT DEEMS APPROPRIATE, A PRELIMINARY,
8 PERMANENT OR SPECIAL INJUNCTION. UNDER NO CIRCUMSTANCES MAY THIS
9 ACT BE READ TO REQUIRE, AND UNDER NO CIRCUMSTANCES MAY A COURT
10 AWARD, COMPENSATORY AND LIQUIDATED DAMAGES, COSTS AND EXPENSES
11 OF LITIGATION, INCLUDING EXPERT WITNESS FEES AND REASONABLE
12 ATTORNEY FEES.
13 Section 16. False statements and intentional omissions.
14 Any person who knowingly makes a false statement,
15 representation or certification in any list, record or other
16 document required to be maintained pursuant to this act or who
17 intentionally or deliberately refrains from complying with this
18 act shall be assessed a civil penalty of not more than $10,000,
19 or shall be guilty of a criminal offense classed as a
20 misdemeanor of the first degree, or both. Any employer or
21 supplier who willfully or recklessly prepares a Material Safety
22 Data Sheet for the purpose of withholding or falsifying relevant
23 information concerning the nature and severity of the hazardous
24 nature of the substance shall be assessed a civil penalty of not
25 more than $10,000 or shall be guilty of a criminal offense
26 classed as a misdemeanor of the first degree, or both.
27 Section 17. Rules and regulations.
28 The department shall, in the manner provided by law,
29 promulgate such rules and regulations and provide such forms and
30 written materials as are necessary to carry out the provisions
19830H1236B3573 - 44 -
1 of this act.
2 SECTION 18. SPECIAL APPLICATIONS. <--
3 (A) EXEMPTIONS.--NOTWITHSTANDING ANY LANGUAGE TO THE
4 CONTRARY, THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO THE
5 FOLLOWING:
6 (1) AN ARTICLE.
7 (2) PRODUCTS INTENDED FOR PERSONAL CONSUMPTION BY
8 EMPLOYEES IN THE WORKPLACE.
9 (3) CONSUMER PRODUCTS PACKAGED IN CONTAINERS WHICH ARE
10 PRIMARILY DESIGNED FOR DISTRIBUTION TO, AND USE BY, THE
11 GENERAL PUBLIC.
12 (4) FOODS, DRUGS AND COSMETICS AS DEFINED IN THE FEDERAL
13 FOOD, DRUG AND COSMETIC ACT, (21 U.S.C. § 301 ET SEQ.).
14 (B) RESEARCH AND DEVELOPMENT LABORATORY.--A RESEARCH AND
15 DEVELOPMENT LABORATORY AS DEFINED IN THIS ACT SHALL NOT BE
16 REQUIRED TO COMPLY WITH SECTIONS 3, 4, 5(B) AND (G), 6 AND 7(1).
17 IN ADDITION, SAID RESEARCH AND DEVELOPMENT LABORATORY SHALL NOT
18 BE REQUIRED TO DEVELOP NEW MATERIAL SAFETY DATA SHEETS FOR NEW
19 OR EXPERIMENTAL CHEMICALS CREATED IN THE LABORATORY, BUT SHALL
20 MAKE AVAILABLE MATERIAL SAFETY DATA SHEETS FOR CHEMICALS
21 OTHERWISE ACQUIRED FROM MANUFACTURERS, SUPPLIERS AND IMPORTERS.
22 (C) HANDLING SEALED PACKAGES.--AN EMPLOYER WHICH STORES,
23 WAREHOUSES OR TRANSPORTS SEALED PACKAGES, AND WHICH IS NOT THE
24 MANUFACTURER, SUPPLIER OR IMPORTER OF THE CHEMICAL OR CHEMICALS
25 CONTAINED THEREIN, SHALL NOT BE REQUIRED TO COMPLY WITH SECTIONS
26 3(D) AND (F), 5(E), 6 AND 7 WITH RESPECT TO SEALED PACKAGES,
27 PROVIDED THE SEALS REMAIN INTACT WHILE THE PACKAGES ARE IN THE
28 EMPLOYER'S POSSESSION AND CONTROL, AND SAID EMPLOYER
29 SUBSEQUENTLY TRANSFERS POSSESSION AND CONTROL OF SAID SEALED
30 PACKAGES TO ANOTHER PERSON WITHIN 20 DAYS. A SEALED PACKAGE MAY
19830H1236B3573 - 45 -
1 BE OPENED TO EXAMINE THE CONTENTS FOR EMERGENCY OR SAFETY
2 REASONS, AND FEDERAL AUTHORITIES MAY OPEN THE SEALED PACKAGE FOR
3 EXAMINATION.
4 (D) EMPLOYERS WITHOUT EMPLOYEES.--AN EMPLOYER SHALL NOT BE
5 REQUIRED TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 3(D), 5(E),
6 6(A)(1) THROUGH (5), 6(B) THROUGH (G), 7 AND 8 FOR ANY PERIOD OF
7 TIME DURING WHICH THE EMPLOYER DOES NOT HAVE ANY PRESENT
8 EMPLOYEES.
9 (E) PROTECTION OF PROPRIETARY INFORMATION.--NOTHING IN THIS
10 ACT SHALL BE CONSTRUED AS REQUIRING THE DISCLOSURE OF PROCESS OR
11 PERCENTAGE OF MIXTURE INFORMATION WHICH IS A TRADE SECRET.
12 Section 18 19. Construction of act. <--
13 (a) No release from liability.--Nothing in this act shall in
14 any way relieve an employer or supplier from liability with
15 regard to the health and safety of an employee or other persons
16 exposed to any substances, nor shall it relieve an employer or
17 supplier from any other duty or responsibility under any other
18 provision of law.
19 (b) Construction with Federal law.--This act is to be read
20 in conjunction with any provision of Federal law providing for
21 the identification, labeling or providing of information
22 concerning hazardous substances and is intended to supplement
23 such Federal regulation in the interests of protecting the
24 health and safety of citizens of the Commonwealth.
25 (c) Local ordinances.--This act shall not preempt or <--
26 supersede any local ordinance or rule concerning the subject
27 matter of this act, except to the extent that said local
28 ordinance or rule directly conflicts with the provisions herein.
29 (C) LOCAL ORDINANCES.--THIS ACT SHALL PREEMPT AND SUPERSEDE <--
30 ANY LOCAL ORDINANCE OR RULE CONCERNING THE SUBJECT MATTER OF
19830H1236B3573 - 46 -
1 THIS ACT.
2 (D) REVIEW OF PREEMPTION.--SHOULD FEDERAL GOVERNMENT
3 PREEMPTION BE FINALLY ADJUDICATED AND RESULT IN LESSENING THE
4 BURDEN ON ANY EMPLOYER TO MEET THE REQUIREMENTS OF THIS ACT, IT
5 IS THE INTENT THAT THE GENERAL ASSEMBLY REEXAMINE THIS ACT SO
6 THAT ALL EMPLOYERS HEREUNDER SHALL BE REEXAMINED AS TO
7 REQUIREMENTS NECESSARY IN MEETING THE STANDARDS OF THIS ACT SO
8 AS TO TREAT ALL EMPLOYERS FAIRLY AND EQUITABLY.
9 Section 19 20. Severability. <--
10 The provisions of this act are severable. If any provision of
11 this act or its application to any person or circumstances held
12 invalid, the invalidity shall not affect other provisions or
13 applications of this act which can be given effect without the
14 invalid provision or application.
15 Section 20 21. Appropriation. <--
16 The sum of $2,900,000, or as much thereof as may be
17 necessary, is hereby appropriated from the General Fund to the
18 Department of Health LABOR AND INDUSTRY to carry out the purpose <--
19 of this act.
20 Section 21. Emergency information. <--
21 An employer, distributor or importer who has over 110 gallons
22 or 1,000 pounds of hazardous substances within his workplace,
23 shall inform police, fire and emergency officials of the
24 political subdivisions in which the workplace is located of the
25 presence of these hazardous substances and the name and
26 telephone number of two responsible representatives of the
27 employer (for example, manager or foreman) who can be contacted
28 in case of an emergency. Upon request, the employer or importer
29 shall also provide further information to these officials
30 concerning these hazardous substances, including their average
19830H1236B3573 - 47 -
1 approximate quantities, their location within the workplace and
2 an MSDS for each hazardous substance. These police, fire and
3 emergency officials shall also be allowed to tour any workplace
4 during business hours so that an appropriate emergency response
5 plan can be developed.
6 Section 22. Effective date.
7 (a) Section 3 shall take effect in 180 days.
8 (b) Sections 4(b), 5(c)(2) and (d) and 6(a)(1) and (2) shall
9 take effect one year after the promulgation of regulations.
10 (c) Section 6(a)(3) and (4) shall take effect two years
11 after the promulgation of regulations.
12 (d) The obligation of the department to create lists of
13 hazardous substances and the power of the department to make
14 rules and regulations shall take effect immediately, and the
15 department shall mail to each employer copies of said lists
16 within six months.
17 (e) The remainder of this act shall take effect in one year.
F6L35DGS/19830H1236B3573 - 48 -