30
PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

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

Embed Size (px)

Citation preview

Page 1: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

PASBO 49th Annual Conference

Not Knowing PENNSAFE Regulations Could Cost You!

Knowing the Right-to-Know and PENSAFE Requirements

March 11, 2004

Page 2: 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., DirectorBureau of PENNSAFE

Barbara A. Dychala, ChiefCompliance Assistance Division

Page 3: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Bureau of PENNSAFE

1-888-SAFE-422 www.dli.state.pa.us

Page 4: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Bureau ServicesWorkplace Safety Committees

and Right to Know

Training ProgramsOn-Site Compliance Assistance

PublicationsWeb Site

Technical Assistance

Page 5: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Workplace Safety Committees

Technical AssistanceTraining Programs

Department of Labor & Industry Certified Workplace Safety

Committees Can Receive Unlimited 5% Discounts on Workers Compensation Premiums

Page 6: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Safety Committee Training

Safety Committee DynamicsHazard Identification & Analysis

Accident Investigation

Our Services are FREE

Page 7: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

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 - $101,520,000TOTAL - $144,151,000

Page 8: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Right to Know Enforcement Overview

• Increase in Written Complaints – September 11th

• Most of our Current Cases Involve Public Schools

• Average Penalty Assessment $70,000

Page 9: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Enforcement Process

• Written Complaint is Filed• We Send Employer a Letter• Then Review Employer’s Response• Conduct Unannounced On-Site

Inspection(s)

Page 10: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

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

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

Enforcement Process• We Conduct Additional Compliance Inspection(s)

• Issue Final Order and Penalty Assessment

• Settlement Agreement(s)

• On-going Compliance Checks

Page 12: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can Do

Utilize PENNSAFE Services

Good Faith Effort of Employer is Considered During an Investigation

Call for Technical Assistance

(717) 783-2071

Page 13: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can DoSchool Districts attending PASBO

workshops & Using PENNSAFE Services

Abington

General McLane (Edinboro)Lampeter Strasburg

Penn RidgePenn HillsSE Delco

Page 14: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can DoSchool Districts attending PASBO

workshops & Using PENNSAFE Services

Abington

General McLane (Edinboro)Lampeter Strasburg

Penn RidgePenn HillsSE Delco

Page 15: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can DoSchool Districts attending PASBO

workshops & Using PENNSAFE Services

Abington

General McLane (Edinboro)Lampeter Strasburg

Penn RidgePenn HillsSE Delco

Page 16: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can DoSchool Districts attending PASBO

workshops & Using PENNSAFE Services

Abington

General McLane (Edinboro)Lampeter Strasburg

Penn RidgePenn HillsSE Delco

Page 17: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

What You Can DoSchool Districts attending PASBO

workshops & Using PENNSAFE Services

Abington

General McLane (Edinboro)Lampeter Strasburg

Penn RidgePenn HillsSE Delco

Page 18: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Background Information

Information Law Enacted 1984– Regulations Effective 1986Approximately 2,400 Regulated Substances

• Hazardous Substance List– Hazardous Substance– Environmental Hazard– Special Hazardous Substance

Page 19: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Is Your School District in compliance?

Page 20: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

FYI – For Your Information

• MSDS – Material Safety Data Sheet

• HSSF – Hazardous Substance Survey Form

• EHSF – Environmental Hazard Survey Form

Page 21: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Public Sector Employer Responsibilities

• Post Employee Workplace Notice

• Prepare Work Area Lists

• Collect and Maintain MSDSs– Make Accessible to Employees

Page 22: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004
Page 23: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Public Sector Employer Responsibilities

Label containers and ports of pipelines– Exemption for Secondary Containers

• Complete HSSF annually by April 1 and post in workplace

Page 24: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004
Page 25: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Labeling Requirements

PA Required Information

Identity (Chemical or Common Name)

Hazard WarningName, Address & Telephone

Number (Manufacturer, Supplier, Distributor)

Page 26: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004
Page 27: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Labeling Requirements

Material Safety Data Sheets

Labels must cross reference with

MSDSs in the work area

Page 28: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Public Sector Employer Responsibilities

• Conduct and Document Training

• Maintain Health and Exposure Records

• Complete EHSF, if requested by Labor and Industry

Page 29: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Reference Publications

• Informational• Compliance• Training

Page 30: PASBO 49 th Annual Conference Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements March 11, 2004

Thank YouBureau of PENNSAFE

1-888-SAFE-422