PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

PRESENTERS: Thomas J. Ward, Jr., Director Bureau of PENNSAFE Barbara A. Dychala, Chief Compliance Assistance Division

Bureau of PENNSAFE SAFE-422

Bureau Services Workplace Safety Committees and Right to Know Training Programs On-Site Compliance Assistance Publications Web Site Technical Assistance

Workplace Safety Committees Technical Assistance Training Programs Department of Labor & Industry Certified Workplace Safety Committees Can Receive Unlimited 5% Discounts on Workers Compensation Premiums

Safety Committee Training Safety Committee Dynamics Hazard Identification & Analysis Accident Investigation Our Services are FREE

Workplace Safety Committees Number of Initially Certified Committees 5,434 covering 756,626 employees Approximate Cumulative Total Employer Premium Savings: Initial Savings - $42,631,000 Renewal Savings - $101,520,000 TOTAL - $144,151,000

Right to Know Enforcement Overview Increase in Written Complaints –September 11th Most of our Current Cases Involve Public Schools Average Penalty Assessment $70,000

Enforcement Process Written Complaint is Filed We Send Employer a Letter Then Review Employer’s Response Conduct Unannounced On-Site Inspection(s)

Enforcement Process We Issue a Preliminary Order and Penalty Assessment –Calculation of Penalties (321.4) –Size of Business –Gravity of Violation –History of Previous Violations –Good Faith of Respondent Employer Can Request an Informal Conference

Enforcement Process We Conduct Additional Compliance Inspection(s) Issue Final Order and Penalty Assessment Settlement Agreement(s) On-going Compliance Checks

What You Can Do Utilize PENNSAFE Services Good Faith Effort of Employer is Considered During an Investigation Call for Technical Assistance (717)

What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco

What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco

What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco

What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco

What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco

Background Information Information Law Enacted 1984 –Regulations Effective 1986 Approximately 2,400 Regulated Substances Hazardous Substance List –Hazardous Substance –Environmental Hazard –Special Hazardous Substance

Is Your School District in compliance?

FYI – For Your Information MSDS – Material Safety Data Sheet HSSF – Hazardous Substance Survey Form EHSF – Environmental Hazard Survey Form

Public Sector Employer Responsibilities Post Employee Workplace Notice Prepare Work Area Lists Collect and Maintain MSDSs –Make Accessible to Employees

Public Sector Employer Responsibilities Label containers and ports of pipelines –Exemption for Secondary Containers Complete HSSF annually by April 1 and post in workplace

Labeling Requirements PA Required Information Identity (Chemical or Common Name) Hazard Warning Name, Address & Telephone Number (Manufacturer, Supplier, Distributor)

Labeling Requirements Material Safety Data Sheets Labels must cross reference with MSDSs in the work area

Public Sector Employer Responsibilities Conduct and Document Training Maintain Health and Exposure Records Complete EHSF, if requested by Labor and Industry

Reference Publications Informational Compliance Training

Thank You Bureau of PENNSAFE SAFE-422