1. Summary
PA Right to Know
PA Act 159 of 1984

2. 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

3. 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

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

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

6. 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

7. 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

8. 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

9. 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

10. 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”

11. 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

12. 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