§ 7303. Hazardous substance list
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7303
§ 7303. Hazardous substance list
(9) National Fire Protection Association list found in “Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M),” but only those substances found on sublists for health items, categories 2, 3 and 4; sublists for reactivity items, categories 3 and 4; sublists for flammability, categories 3 and 4.
The list shall further include any other substance or mixture designated by the department as hazardous because of its known or probable adverse human or environmental effect. This list shall be updated, reduced or expanded by the department as necessary in light of new scientific evidence and knowledge. A copy of the list and any modifications thereof shall be transmitted to every employer subject to this act.
(b) Additions to hazardous substance list.--Any chemicals which appear on any future compilation or issue of any of the lists contained in subsection (a) shall automatically be added to the hazardous substance list. Prior to adding any other chemicals to the list of hazardous substances enumerated in subsection (a)(1) through (11), the department shall, after giving proper notice, hold hearings on the proposed additions to allow for comment by interested parties. Upon conclusion of the hearings, the department shall, if it determines the propriety of including the chemicals, amend its regulations to reflect additions and publish the additions thereto in the Pennsylvania Bulletin, and notify employers regarding the additions.
(c) Deletions from hazardous substance list.--Any chemicals which are removed from any future compilation or issue of the lists contained in subsection (a), or any chemicals that have been added to the hazardous substance list under subsection (b), may be deleted from the hazardous substance list. Prior to deleting any chemical from the hazardous substance list, the department shall, after giving proper notice, hold hearings on the proposed deletions to allow for comment by interested parties. Upon conclusion of the hearings, the department, if it determines the propriety of deleting the chemical, shall amend its regulations to reflect deletions and publish the deletions therefrom in the Pennsylvania Bulletin, and notify employers regarding the deletions.
(d) Special hazards and environmental hazards.--The department shall designate those hazardous substances which shall be considered special hazardous substances and those which shall be considered environmental hazards. The department shall compile separate lists of the special hazardous substances and the environmental hazards. These lists shall be updated, transmitted to employers and posted by employers in the same manner as the hazardous substance list. The department shall, by regulation, specify those special hazardous substances which, because of their particular or extreme properties, must be identified at concentrations of less than 0.01%.
(e) Hazardous substance survey form.--Every employer shall, upon a form supplied by the department, fill out a hazardous substance survey for each workplace, providing information on the hazardous substances present during the prior year. A listing of the hazardous substances shall be posted by the employer as required by section 7.1 Upon the written request of any person in Pennsylvania, the department shall require the employer to forward a copy of the completed survey form to the department within 20 days. The department shall, in turn, keep a copy of the survey form on file, and shall immediately transmit a copy of the form to the original requestor. The employer shall update the hazardous substance survey for each workplace every two years.
(f) Access of police, fire and emergency response agencies.--Upon the request of a local police, fire or emergency response agency, within whose jurisdiction an employer falls, an employer shall provide a copy of its latest hazardous substance survey, and, if requested, copies of all relevant Material Safety Data Sheets. The employer shall further provide, upon the request of said agency, all relevant and available information concerning any environmental hazards pertaining to the workplace in question.
(g) Environmental hazard survey.--Upon the written request of any person in Pennsylvania, the department shall require an employer to complete an environmental hazard survey for a particular workplace upon a form supplied by the department. The environmental survey shall include those substances emitted, discharged or disposed of from that workplace, and shall provide the following information to the extent that such information or reports are made under current provisions of Federal, State, county or municipal law:
Within 30 days of the department's request, the employer shall return the completed environmental survey form to the department, which shall in turn keep a copy on file and shall immediately transmit a copy to the original requestor. The employer shall also keep a copy of the environmental hazard survey on file at that workplace and at its principal place of business in the Commonwealth.
(h) Onsite testing.--Upon the request to the department, and for good cause shown and upon consultation with the interested parties involved, the department may conduct at its expense onsite testing or use such other methods as will provide more exact information concerning the environmental hazards reported in the environmental hazards survey under subsection (g). The site owner may conduct onsite testing instead of the department. Upon the written request of the employer, the department shall detail in writing the type and methods of testing and provide technical assistance to aid the employer who chooses to conduct testing instead of the department. In an emergency, the department may undertake said testing at the Commonwealth's expense. The department shall not conduct onsite testing which has already been conducted by OSHA.
(i) Authority to modify filing requirements.--The department may, by regulation, require certain classes or groups of employers to automatically file with the department the completed hazardous substance survey and/or environmental hazard survey every two years, taking into account the nature and quantity of the hazardous substances and/or environmental hazards involved, the likely danger to the surrounding community, the number of employees affected or the importance of said information to future epidemiological or other health studies.
(j) Retention of materials.--The department shall maintain a file of all completed hazardous substance surveys and environmental hazard surveys for 30 years. The department shall also retain at least one Material Safety Data Sheet for each hazardous substance and hazardous mixture, together with revisions thereof.
1984, Oct. 5, P.L. 734, No. 159, § 3, effective in 180 days.
35 P.S. § 7307.
35 P.S. § 7303, PA ST 35 P.S. § 7303
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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