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PASBO 49th 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
Bureau of PENNSAFE
1-888-SAFE-422 www.dli.state.pa.us
Bureau ServicesWorkplace Safety Committees
and Right to Know
Training ProgramsOn-Site Compliance Assistance
PublicationsWeb Site
Technical Assistance
Workplace Safety Committees
Technical AssistanceTraining Programs
Department of Labor & Industry Certified Workplace Safety
Committees Can Receive Unlimited 5% Discounts on Workers Compensation Premiums
Safety Committee Training
Safety Committee DynamicsHazard 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 - $101,520,000TOTAL - $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) 783-2071
What You Can DoSchool Districts attending PASBO
workshops & Using PENNSAFE Services
Abington
General McLane (Edinboro)Lampeter Strasburg
Penn RidgePenn HillsSE Delco
What You Can DoSchool Districts attending PASBO
workshops & Using PENNSAFE Services
Abington
General McLane (Edinboro)Lampeter Strasburg
Penn RidgePenn HillsSE Delco
What You Can DoSchool Districts attending PASBO
workshops & Using PENNSAFE Services
Abington
General McLane (Edinboro)Lampeter Strasburg
Penn RidgePenn HillsSE Delco
What You Can DoSchool Districts attending PASBO
workshops & Using PENNSAFE Services
Abington
General McLane (Edinboro)Lampeter Strasburg
Penn RidgePenn HillsSE Delco
What You Can DoSchool Districts attending PASBO
workshops & Using PENNSAFE Services
Abington
General McLane (Edinboro)Lampeter Strasburg
Penn RidgePenn HillsSE Delco
Background Information
Information Law Enacted 1984– Regulations Effective 1986Approximately 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 WarningName, 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 YouBureau of PENNSAFE
1-888-SAFE-422