Summary PA Right to Know PA Act 159 of 1984

What Right to Know? Worker and Community Right to Know Act of 1984 Administered by the Department of Labor and Industry Requiring chemical identification of substances in the community and on employer premises Chemical/Hazardous Substance: compound, mixture, substance, or element not specifically exempted (e.g. consumer article) Most requirements cover Non-OSHA regulated businesses Includes the imposition of penalties PA Right to Know Law (Act 3 of 2008) Administered by the Office of Open Records Providing for access to public information and records Records: any information regardless of its physical form or character that documents a transaction or activity of an agency AND is created, received, or retained pursuant to law OR in connection with a transaction, business or activity of an agency Includes the imposition of penalties

Introduction OSHA Coverage Public Sector Private Sector Act 159 of 1984 created the PA Worker and Community Right to Know Act Implemented certain areas that refer to OSHA’s Hazard Communication Standard Follows similar path to communicating hazards

Who is the Public Sector Commonwealth Employees Municipal Government Employees Townships Cities Boroughs Public School District Employees Authority Employees Municipal sponsored utilities

PA Right to Know Applies to any of the following: Any individual Partnership Corporation Or Association OSHA Covered or Non-OSHA Covered requirement

Requirements OSHA Hazardous Substance Survey (HSS) completed Hazardous Substance Survey Form (HSSF) completed & updated annually Environmental Hazard Survey Form (EHSF) if requested by PA DoLI Collect & maintain MSDS/SDS

Requirements OSHA Label all containers of chemicals Prepare & provide MSDS/SDS for any chemical that is produced or delivered Provide HSSF, EHSF and MSDS to Emergency Responders when requested

Requirements Non-OSHA Written program for each location to cover issues with chemical safety Post Workplace Notice Employee rights under RTK HSSF completed annually Collect & maintain MSDSs EHSF completed if requested by PA DoLI Label all containers & ports of pipelines containing hazardous substances or mixtures Label all containers & ports of pipelines containing chemicals Provide HSSF, EHSF & MSDS to Emergency Responders

Training Initial training provided within 120 days of hire Required annually Supplemental training required if changes (e.g. new chemicals or reassignment) Employers responsibility to meet requirements Federal, State and any Local requirements Employees need to understand the different systems that they may encounter Understand the differences from GHS to the NFPA/HMIS labeling systems

Act 159 Drawn from the original OSHA standard from 1983 Significant updates, revisions and modifications since adopted Does not specificly reflect GHS implementation from HCS 2012 Interpreted as “Incorporated by Reference”

Enforcement and Penalties Public Sector employees can file a complaint with PA DOLI Inspections may occur at the worksite The Department has the authority to assess civil penalties from $500 to $10,000 for each violation. Calculation of Penalties is based on Four Criteria Size of Business Gravity of Violation History of Previous Violations Good Faith of Respondent

Summary All Public Sector facilities should have a Right to Know program plan and train their employees annually on that plan Plan should include posting of Notices and HSSF All hazardous products should be labeled and all employees should be aware of what and where they are SDSs should be available and accessible for all hazardous products