reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.85 - Outside salesman

Current through Register Vol. 54, No. 28, July 13, 2024
Outside salesman means an employee who is employed for the
					 purpose of and who is customarily and regularly engaged more than 80% of work
					 time away from the employer's place or places of business in the following
					 manner:
(1) Making sales, including
				  any sale, exchange, contract to sell, consignment for sale, or other
				  disposition or selling, and delivering articles or goods.
(2) Obtaining orders or contracts for the use
				  of facilities for which a consideration will be paid by the client or customer.
				  In addition, the employee may not spend more than 20% of the hours worked in
				  any week in work of a nature not directly related to and in conjunction with
				  the making of sales; provided however, that work performed incidental and in
				  conjunction with the employee's own outside sales or solicitations, including
				  incidental deliveries and collections, shall be not regarded as nonexempt
				  work.
This section cited in 34 Pa. Code §
												231.81 (relating to
						definitions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.91-231.99 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §§
												231.91-231.99 issued under section 3 of
						the act of December 21, 1998 (P.L. 1290, No. 168) (43 P.S. §
													333.105a note); rescinded under section 9 of
						The Minimum Wage Act of 1968 (43 P.S. §
													333.109).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE INCREASE AND TRAINING WAGE › Section 231.101 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												231.101 deleted under section 9 of
						the Minimum Wage Act of 1968 (43 P.S. §
													333.109).
This section cited in 34 Pa. Code §
												231.103 (relating to training
						wage).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE INCREASE AND TRAINING WAGE › Section 231.101a - Minimum wage increase

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  section 4(a.1) of the act (43 P.S. §
											333.104(a.1)), an employer shall pay at least
				  $7.25 an hour to all employees for all hours worked subject to exclusions and
				  exemptions contained in the act and this chapter.
(b) The minimum wage for tipped employees is
				  $2.83 per hour under section 3(d) of the act (43 P.S. §
											333.103(d)) with all of the
				  following conditions:
(1) An employer shall
				  pay the difference when the employee's tips plus the hourly wage for tipped
				  employees does not meet the minimum wage contained in subsection (a) in this
				  Commonwealth.
(2) The tip credit
				  applies only if an employee received over $135 in tips for a
				  month.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE INCREASE AND TRAINING WAGE › Section 231.102 - Small businesses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  section 5(c) of the act (43 P. S. §
											333.105(c)), an employer who
				  has an employee complement comprised of the equivalent of ten or less full-time
				  employees shall pay the following wage rates to all employees for all hours
				  worked subject to exclusions and exemptions contained in the act and in this
				  chapter:
(1) Until December 31, 2006, $5.15
				  an hour.
(2) Beginning January 1,
				  2007, $5.65 an hour.
(3) Beginning
				  July 1, 2007, $6.65 an hour.
(4)
				  Beginning July 1, 2008, $7.15 an hour.
(5) Beginning July 24, 2009, $7.25 an
				  hour.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE INCREASE AND TRAINING WAGE › Section 231.103 - Training wage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section
				  4(e) of the act (43 P. S. §
											333.104(e)), an employer may
				  pay a 60-day training wage to an employee under 20 years of age based upon the
				  minimum wage required under section 6(a) of the Fair Labor Standards Act
				  (29 U.S.C.A. §
											206(a)).
(1) The training wage under section 4(e) of
				  the act is as follows:
(i) Until July 23,
				  2007, $5.15 an hour.
(ii) Beginning
				  July 24, 2007, $5.85 an hour.
(iii)
				  Beginning July 24, 2008, $6.55 an hour.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › TIPPED EMPLOYEES › Section 231.111 - Tip credit for non-tipped duties

Current through Register Vol. 54, No. 28, July 13, 2024
The USDOL standards for tipped employees at
					 29 CFR
					 531.56 (relating to "more than $30 a month in
					 tips") in effect as of May 7, 2022, are incorporated by reference with the
					 exception of subsection (f)(4)(ii).
The provisions of this §
												231.111 added under sections 4(c)
						and 9 of The Minimum Wage Act of 1968 (62 P.S. §§
													333.104(c) and
						333.109).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › TIPPED EMPLOYEES › Section 231.112 - Tip pooling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The USDOL
				  standards for tipped employees at
				  29 CFR
				  531.54 (relating to tip pooling) in effect as
				  of May 7, 2022, are incorporated by reference.
(b) At or before the time the employer makes
				  an employment offer or at least one pay period before the tip pooling
				  arrangement takes effect, an employer shall provide affected employees written
				  notice of the tip pooling arrangement.
The provisions of this §
												231.112 added under sections 4(c)
						and 9 of The Minimum Wage Act of 1968 (62 P.S. §§
													333.104(c) and
						333.109).
This section cited in 34 Pa. Code §
												231.113 (relating to credit card
						and other processing fees).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › TIPPED EMPLOYEES › Section 231.113 - Credit card and other processing fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer
				  that permits patrons to pay tips by credit card or other non-cash forms of
				  payment shall pay the tipped employee the full amount of the tip authorized by
				  the patron and may not deduct credit card payment or other processing fees or
				  costs that the credit card or other company may charge to the
				  employer.
(b) An employer that
				  permits patrons to pay tips by credit card or other non-cash forms of payment
				  may not deduct credit card payment or other processing fees or costs before
				  distributing tips under a tip pooling arrangement allowed under §
										231.112 (relating to tip
				  pooling).
The provisions of this §
												231.113 added under sections 4(c)
						and 9 of The Minimum Wage Act of 1968 (62 P.S. §§
													333.104(c) and
						333.109).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › TIPPED EMPLOYEES › Section 231.114 - Service charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer
				  that charges for the administration of a banquet, special function or package
				  deal shall notify patrons of this charge by providing notice:
(1) In the statement in a contract or
				  agreement with the patron; and
(2)
				  On any menu provided to the patron.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the jurisdictional and other
				  requirements under sections 18 and 19 of the act (35 P. S. §§
										7318 and
				  7319). In addition, this
				  chapter sets forth the effective dates of this part under section 22 of the act
				  (35
				  P. S. §
										7322).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.4 - Effective dates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following sections take effect August 3, 1987:
(1) The obligation to prepare MSDSs under
				section 4(b) of the act (35 P. S. §
											7304(b)) and Chapter 307
				(relating to Material Safety Data Sheet (MSDS)).
(2) The obligation of an employer to furnish,
				upon the request of an employe or employe representative, an MSDS for a
				hazardous substance or hazardous mixture present in the employer's workplaces
				under section 5(c)(2) of the act (35 P. S. §
											7305(c)(2)) and Chapter
				307.
(3) The obligation of an
				employer to furnish, upon the written request of an employe or employe
				representative, a copy of the requested MSDS under section 5(d) of the act
				(35
				P. S. §
											7305(d)) and
				Chapter 307.
(4) The obligation of
				an employer to ensure that a container, including pipelines containing a
				hazardous substance or hazardous mixture, is labeled, tagged or marked under
				section 6(a)(1) and (2) of the act (35 P. S. §
											7306(a)(1) and (2)) and
				§
										309.2(a)(1) and (2)
				 (relating to information required on
				label).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.5 - Construction of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
No release from liability.
Nothing in this part relieves an
				employer or supplier from liability with regard to the health and safety of an
				employe or other persons exposed to substances, nor does it relieve an employer
				or supplier from a duty or responsibility under other statutes.
(b)
Local ordinances.
This
				part preempts and supersedes a local ordinance or rule concerning the subject
				matter of this part.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.6 - Retention of materials

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will maintain a file of complete Hazardous
				  Substance Surveys and Environmental Hazard Survey Forms for 30 years. The
				  Department will also retain at least one MSDS for a hazardous substance and
				  hazardous mixture, together with revisions thereof.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.7 - Risk to public health

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				Department determines that a hazardous substance or other chemical poses a
				potential health risk to the general public in an area surrounding the
				workplace, it will inform the nearest public health agency, hospital and fire
				company, and will submit to them copies of a relevant MSDS that it has in its
				possession.
(b) The criteria used
				by the Department in determining whether a hazardous substance or other
				chemical poses a potential health risk to the public include, but are not
				limited to the following:
(1) The nature and
				quantity of the hazardous substance or chemical present.
(2) The number of people who are being or may
				be exposed to the substances.
(3)
				The nature of the area surrounding the workplace.
(4) The nature, degree and type of risk posed
				by the substances to the general public.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 301 - JURISDICTION, DEFINITIONS, EXEMPTIONS AND ADMINISTRATIVE MATTERS › Section 301.8 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
Time frames referred to in this part are based on calendar
				  days,
				  1
				  Pa.C.S. §
										1908 (relating to computation
				  of time) and FED. R. CIV. P. 6(a) (28 U.S.C.A. (1986)) providing the
				  computation of days.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 303 - PREPARATION OF HAZARDOUS SUBSTANCE AND ENVIRONMENTAL HAZARD SURVEY FORMS › Section 303.1 - Hazardous Substance Survey Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Hazardous Substance Survey Form shall
				contain the following information:
(1) The
				names of hazardous substances present in the workplace as they appear in
				Appendix A.
(2) The Chemical
				Abstracts Service (CAS) number, if a number has been assigned.
(3) The employer name, address and Federal
				Employer Identification Number (FEIN).
(4) The workplace name.
(5) The time period covered by the
				survey.
(6) The date the Hazardous
				Substance Survey Form was completed.
(7) An indication as to whether a substance
				is a special hazardous substance or an environmental hazard.
(8) The name, title and signature of the
				employer or employer representative completing the Hazardous Substance Survey
				Form.
(9) The name and telephone
				number of a contact person who can provide additional information.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 303 - PREPARATION OF HAZARDOUS SUBSTANCE AND ENVIRONMENTAL HAZARD SURVEY FORMS › Section 303.2 - Environmental Hazard Survey Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				An employer is required to complete an Environmental Hazard Survey Form for a
				particular workplace upon a written request from the Department and on a form
				supplied by the Department when requested to do so by the Department. The
				Department will require an employer to complete an Environmental Hazard Survey
				Form if the Department is requested to do so by a person in this Commonwealth.
				The Environmental Hazard Survey Form shall be completed and returned to the
				Department within 30 days of a request by the Department.
(b) The Environmental Hazard Survey Form
				shall contain information regarding those hazardous substances designated as
				environmental hazards on the Department's Hazardous Substance Lists which are
				emitted, discharged or disposed of from that workplace. The information
				required to be included on the Environmental Hazard Survey Form includes the
				following:
(1) The total known or estimated
				stack or point-source emissions of the substance.
(2) The total estimated fugitive or
				nonpoint-source emissions of the substance.
(3) The total known or estimated discharge of
				the substance into the surface or groundwater, the treatment methods and the
				known or estimated raw wastewater volume and loadings.
(4) The total known or estimated discharge of
				the substance into publicly-owned treatment works.
(5) The known or estimated quantity and
				methods of disposal of wastes containing the substance, the method of onsite
				storage of the wastes, the location of the final disposal sites for the wastes
				and the identity of the hauler of the wastes.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the maintenance and disclosure
				  requirements of Hazardous Substance Survey Forms, Environmental Hazard Survey
				  Forms and Lists under sections 3, 5 and 7 of the act (35 P. S.
				  §§
										7303,
				  7305 and
				  7307).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.2 - Maintenance and disclosure of Hazardous Substance Survey Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Maintenance of Hazardous Substance Survey Forms.
(1) An employer shall maintain a current
				Hazardous Substance Survey Form for each workplace, prepared under §
										303.1 (relating to Hazardous
				Substance Survey Forms).
(2) The
				Hazardous Substance Survey Form shall be maintained until superseded by an
				updated Hazardous Substance Survey Form prepared under §
				303.1.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.3 - Maintenance and disclosure of Environmental Hazard Survey Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Maintenance of Environmental Hazard Survey Form.
(1) An employer shall complete a
				Environmental Hazard Survey Form under §
										303.2 (relating to Environmental
				Hazard Survey Forms).
(2) An
				employer who completes an Environmental Hazard Survey Form shall keep a copy of
				the form on file at the workplace to which the form applies and at the
				employer's principal place of business in this Commonwealth. Employers are
				required to keep only the most current Environmental Hazard Survey Form for a
				workplace.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.4 - Maintenance and disclosure of work area lists

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Employer
				responsibilities
. A nonmanufacturing employer shall:
(1) Furnish, upon request by an employe, a
				list of the hazardous substances used or produced in the employe's work
				area.
(2) Offer a list of the
				hazardous substances to a new or newly assigned employe to a particular work
				area.
(3) Update the lists as
				necessary but, at least annually.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.5 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				nonmanufacturing employer may not charge an employe or employe representative
				for materials furnished by the employer. The employer may impose a reasonable
				charge, not to exceed the costs of reproduction, if the requestor had requested
				and received the same information about the same substance within the preceding
				12 months.
(b) No fee may be
				charged when an employe's job assignment has changed or new information is
				available concerning the subjects about which information is required to be
				provided.
(c) No fee may be charged
				for requests from a certified or recognized bargaining agent to the extent the
				person is acting in his capacity as a certified or recognized bargaining
				agent.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 305 - MAINTENANCE AND DISCLOSURE OF SURVEY FORMS AND LISTS › Section 305.6 - Public access

Current through Register Vol. 54, No. 28, July 13, 2024
A person living or working in this Commonwealth and who is
				  not a competitor may request, under §§
									305.2(c) and
				  305.3(c) 
				  (relating to maintenance and disclosure of Hazardous Substance Survey Forms and
				  maintenance and disclosure of Environmental Hazard Survey Form), from the
				  Department a copy of the lists or forms required in section 3 of the act
				  (35
				  P. S. §
										7303) which are present in a
				  particular workplace, and the Department will transmit the requested material
				  within 45 days of receipt of the request. A request will be treated by the
				  Department as confidential as to the name and address of the requestor except
				  as provided by §
									321.2(a)
				  (relating to complaint and investigation procedure). Materials will be
				  available at a fee not to exceed the cost of reproducing
				  them.
This section cited in 34 Pa. Code §
											301.3 (relating to
					 jurisdiction/exemptions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the content, format, maintenance and
				  disclosure requirements for MSDSs under sections 4 and 5 of the act
				  (35
				  P. S. §§
										7304 and
				  7305).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.3 - Format of MSDSs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission.
MSDSs may be submitted to the Department in one of
				the following formats:
(1) Forms provided by
				the Department.
(2) Computer
				magnetic tape, microfiche or floppy disks, if these formats are submitted in
				accordance with record layouts prescribed by the Department.
(3) Other formats which contain the
				information required by §
										307.2 (relating to contents of
				MSDSs), if both the requesting party and the providing party agree to the
				format.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.4 - Similar substances

Current through Register Vol. 54, No. 28, July 13, 2024
If hazardous mixtures have similar contents and hazards, but
				  vary in specific composition, the supplier or employer may prepare one MSDS to
				  apply to all of the similar hazardous mixtures, if the MSDS:
(1) Identifies the various mixtures by the
				names to which it applies.
(2) Is
				correct in all respects and correctly states the constituent chemicals in the
				hazardous mixtures.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.5 - Dilution with water

Current through Register Vol. 54, No. 28, July 13, 2024
It is not necessary to produce a new MSDS when a hazardous
				  substance is diluted with water.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.7 - Agricultural mixtures

Current through Register Vol. 54, No. 28, July 13, 2024
If a farm supplier combines one or more chemicals for
				  agricultural use, the farm supplier may substitute MSDSs for the ingredients in
				  the mixture in lieu of preparing a new MSDS.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.8 - Responsibility for preparing MSDSs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Manufacturers, importers or suppliers, as a condition of doing business in this
				Commonwealth, shall prepare an MSDS for each hazardous substance or hazardous
				mixture they produce or import.
(b)
				Distributors who are not manufacturers, suppliers or importers have no
				obligation to prepare an MSDS.
This section cited in 34 Pa. Code §
											301.3 (relating to
					 jurisdiction/exemptions); and 34 Pa. Code §
											307.13 (relating to new
					 information).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.9 - Responsibility for providing MSDSs to purchasers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Manufacturers, importers or suppliers:
(1) Shall ensure that purchasers of hazardous
				substances or hazardous mixtures are provided with an appropriate MSDS at the
				following times:
(i) With their initial
				shipment.
(ii) With the first
				shipment after an MSDS is updated.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.10 - Responsibility for providing MSDSs to the Department

Current through Register Vol. 54, No. 28, July 13, 2024
Manufacturers, importers or suppliers shall mail to the
				  Department:
(1) One copy of an MSDS
				for a hazardous substance or hazardous mixture which they produce within or
				deliver to a point in this Commonwealth, at the same time as their initial
				shipment to an employer within this Commonwealth.
(2) One copy of an MSDS for another chemical
				for which they produce or possess an MSDS at the time of the initial shipment
				of the chemical to an employer in this Commonwealth.
(3) One copy of an updated MSDS at the same
				time the updated MSDS is provided to an employer within this
				Commonwealth.
(4) For the
				situations described in paragraphs (1)-(3) the manufacturer, importer or
				supplier need only mail one copy of the MSDS to the Department. Once an MSDS is
				on file with the Department, copies need not be provided with each shipment of
				the chemical to different customers, except as provided in paragraph
				(3).
This section cited in 34 Pa. Code §
											307.13 (relating to new
					 information).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.10a - Employer responsibilities for obtaining and maintaining MSDSs

Current through Register Vol. 54, No. 28, July 13, 2024
Employers shall obtain and maintain an MSDS for each
				  hazardous substance or hazardous mixture in the workplace. If an MSDS is not
				  provided with the shipment, the employer shall obtain one from the
				  manufacturer, importer, supplier or distributor.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.11 - Employer's responsibilities to provide MSDSs to employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) (Reserved).
(b) The nonmanufacturing employer shall make
				readily available without permission or intervention from management or a
				supervisor, in every work area, if practical, the MSDS for every hazardous
				substance or hazardous mixture to which the employe working in the work area
				may be exposed. If it is impractical to make an MSDS readily available in a
				work area without permission or intervention from management or supervision,
				the MSDS shall be made available in a location as close to the work area as is
				practical so that employes may have access to the MSDSs without permission or
				intervention of management or supervision.
(c) The nonmanufacturing employer shall
				furnish, upon the request of an employe or employe representative, an MSDS for
				a hazardous substance or hazardous mixture present in the employer's
				workplaces.
(d) The
				nonmanufacturing employer shall furnish a copy of an MSDS to an employe or
				employe representative within 5 working days of the receipt of a written
				request.
(1) If the nonmanufacturing employer
				is in possession of the requested MSDS, and fails to give the MSDS to the
				employe or employe representative, the employe has the right to refuse to work
				with the specific hazardous substance, without penalty, until the information
				requested is provided.
(2) If the
				nonmanufacturing employer is not in possession of the requested MSDS, the
				employer shall:
(i) Within 5 working days of
				the receipt of the employe's written request, notify the employe in writing
				that the information is not in the employer's possession.
(ii) Within 15 working days of the written
				notification to the employe, the employer shall attempt to obtain the requested
				information from the supplier and the Department, and shall document the
				attempts. Upon receipt of the nonmanufacturing employer's request, the
				Department will immediately attempt to obtain the requested information from
				the supplier and notify the nonmanufacturing employer of the attempt.
(iii) The employe has the right to refuse to
				work, without penalty, until the requested information is furnished, unless the
				nonmanufacturing employer and the Department have taken the actions prescribed
				in this section.
(3)
				Reassignment of an employe to other work, at equal pay and benefits, is not
				considered a penalty under this section.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.12 - Responsibilities for providing MSDSs to emergency response agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Employers shall furnish copies of relevant MSDSs upon a
				  written request from a local police, fire or emergency repsonse agency within
				  whose jurisdiction the employer falls, within 20 days of receipt of the
				  request. The agencies shall only use the MSDS for its official
				  business.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.13 - New information

Current through Register Vol. 54, No. 28, July 13, 2024
If a supplier receives or discovers relevant new information
				  regarding a hazardous substance, the supplier shall make the information
				  available to the Department and to employers to which the supplier had
				  previously provided an MSDS under §§
									307.8-307.11 (relating to responsibility
				  for preparing MSDSs; responsibility for providing MSDSs to purchasers;
				  responsibility for providing MSDSs to the Department; employer's
				  responsibilities to provide MSDSs to employes). The nonmanufacturing employer
				  shall, in turn, make the information available to employes and the employes'
				  representatives, upon receipt of the new information.
This section cited in 34 Pa. Code §
											301.3 (relating to
					 jurisdiction/exemptions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.14 - Limitation of fees

Current through Register Vol. 54, No. 28, July 13, 2024
MSDSs, educational and other materials shall be furnished by
				  a nonmanufacturing employer upon request to an employe or employe
				  representative at no cost to the employe or employe representative. If an
				  employe making the request has requested and received the same information
				  about the same substance within the preceding 12 months, the nonmanufacturing
				  employer may impose a reasonable charge, not to exceed the costs of
				  reproduction, for the information. No fee may be charged if a requesting
				  employe's job assignment has changed or there is new information available
				  concerning the subjects about which information is required to be provided. The
				  nonmanufacturing employer may not charge fees for requests by a certified or
				  recognized bargaining agent to the extent the person is acting in his capacity
				  as a certified or recognized bargaining agent.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 307 - MATERIAL SAFETY DATA SHEET (MSDS) › Section 307.15 - Public access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
				living or working in this Commonwealth and who is not a competitor may request
				from the Department an MSDS on file and the Department will transmit the
				requested material within 45 days of receipt of the request.
(b) If an employer receives a request for an
				MSDS from the Department, the employer shall respond with the appropriate
				information within 20 days of the Department's request. If the employer does
				not possess the requested information, the employer shall notify the Department
				in writing, within 20 days of the Department's request, documenting the reasons
				why the requested information is not available and what attempts have been made
				to obtain the information.
(c) The
				name and address of the requestor will be treated by the Department as
				confidential, except as provided by §
									321.2(a)
				(relating to complaint and investigation procedure). Requests shall be made
				under §§
									305.2(c)  and
				305.3(c)
				(relating to maintenance and disclosure of Hazardous Substance Survey Forms and
				maintenance and disclosure of Environmental Hazard Survey Forms). Materials
				shall be available at a fee not to exceed the cost of reproducing
				them.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.1 - Labeling

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose
				and scope.
This chapter implements the labeling requirements under
				section 6 of the act (35 P. S. §
										7306). This chapter governs requirements with
				regard to the labeling of containers of hazardous substances, hazardous
				mixtures, single chemicals and mixtures and the labeling of pipelines by
				employers and suppliers doing business in this Commonwealth. This chapter also
				covers hazard warnings and exemptions from the labeling requirement, including
				those based upon trade secrets, under section 11 of the act (35 P. S. §
										7311) and Chapter 317 (relating to trade
				secrets).
(b)
Labeling
				exemptions.
(1)
Compliance
				with Federal statutes.
If containers are labeled as required under
				applicable Federal statutes and regulations, this chapter does not require
				labeling of containers which contain the following:
(i) A pesticide as the term is defined in the
				Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.A. §§
												135-135K and
				136-136y).
(ii) A food, drug or cosmetic as the terms
				are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. §
												321).
(iii) Distilled spirits-beverage
				alcohols-wine or malt beverage intended for nonindustrial use as the terms are
				defined in the Federal Alcohol Administration Act (27 U.S.C.A. §§
												201-212).
(iv) Hazardous waste from spills and disposal
				site rehabilitation projects handled under the Resource Conservation and
				Recovery Act of 1976 (42
				U.S.C.A. §§
												6901-6986) or
				the Comprehensive Environmental Response, Compensation, and Liability Act of
				1980 (26 U.S.C.A.
				§§
												4611-4682) and
				(42 U.S.C.A. §§
												6911,
				6911a and
				9601-9657).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.2 - Information required on label

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Subject to the exemptions in §
									309.1(b)
				(relating to labeling), employers shall ensure that a container of the
				following substances present in the workplace and that a container of the
				following substances leaving the workplace is clearly labeled, tagged or marked
				with information listed in paragraphs (1)-(4):
(1) Containers of hazardous substances shall
				be labeled, tagged or marked with the following:
(i) The chemical name or common name under
				§
											309.3 (relating to common name
				usage).
(ii) A hazard warning,
				under §
											309.4 (relating to hazard
				warning).
(iii) The name, address
				and telephone number of the manufacturer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.3 - Common name usage

Current through Register Vol. 54, No. 28, July 13, 2024
A common name or trade name may be used only if the use of
				  the name more easily or readily identifies the true nature of the hazardous
				  substance, hazardous mixture, single chemical or mixture
				  involved.
This section cited in 34 Pa. Code §
											301.3 (relating to
					 jurisdiction/exemptions); 34 Pa. Code §
											309.2 (relating to information
					 required on label); and 34 Pa. Code §
											309.6 (relating to general
					 conditions applying to labels).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.4 - Hazard warning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Container
				labels shall provide a warning as to the specific nature of the hazard arising
				from the substance in the container.
(b) The hazard warning shall be given in
				conformity with one of the nationally recognized and accepted systems of
				providing warnings, and hazard warnings shall be consistent with one or more of
				the recognized systems throughout the workplace. Examples are:
(1) NFPA 704, Identification of the Fire
				Hazards of Materials.
(2) National
				Paint and Coatings Association: Hazardous Materials Identification
				System.
(3) American Society for
				Testing and Materials, Safety Alert Pictorial Chart.
(4) American National Standard Institute,
				Inc., for the Precautionary Labeling of Hazardous Industrial
				Chemicals.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.5 - Pipelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Ports
				required to be labeled.
The content of a pipeline system shall be
				identified by labels applied at or near ports. A port is a point of access,
				which may be opened to the environment, used for charging or discharging a
				system at which an employe may come into direct contact with a chemical under
				normal conditions of use.
(b)
Alternative methods.
The employer may develop alternative
				methods to adequately apprise anyone who may be potentially exposed at a port
				of the contents of the pipeline in the following cases:
(1) If a pipeline is used to convey different
				chemicals at different times.
(2)
				An environmental health and pest control system or other system designed to
				automatically discharge a chemical from spray-type ports.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.6 - General conditions applying to labels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The nonmanufacturing employer may use
				signs, placards, operating procedures or other printed materials as
				alternatives to individual labels on stationary equipment, agricultural
				implements and portable or mobile machinery used in outdoor or temporary
				worksites, if the alternative used indicates the appropriate chemical or common
				name and hazard warnings and is readily available to employes.
(b) The nonmanufacturing employer shall
				ensure that a label, sign, placard or other operating instructions required by
				this chapter is legible and prominently affixed in and displayed to the
				container or port so that employes can easily identify the substance or mixture
				present therein.
(c) The
				nonmanufacturing employer may not remove or deface existing labels on incoming
				containers of chemicals, unless the container is immediately relabeled with the
				required information.
(d) The
				nonmanufacturing employer need not affix new labels to comply with this chapter
				if the existing labels already convey the required information that the
				chemical or common name on the container is the same as that listed on the MSDS
				and can be used by the employe as a cross-reference to the MSDS.
(e) The nonmanufacturing employer shall
				ensure that the chemical or common name used on the container to identify a
				hazardous substance or mixture is the same as the chemical or common name used
				on the MSDS if the following apply:
(1) That
				is the information available for the hazardous substance or mixture.
(2) The MSDS or hazardous substance fact
				sheet (HSFS) is readily available to the employe in the work area.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.7 - Supplier responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				supplier, as a condition of doing business in this Commonwealth, shall ensure
				that the container of a chemical which is delivered to a point within this
				Commonwealth by the supplier, or which is produced within this Commonwealth by
				the supplier, is clearly labeled in the manner required by this
				chapter.
(b) If a supplier sells or
				distributes a product under its own private label, which is subject to the act
				and which was manufactured in whole by a separate manufacturer, the supplier
				may be deemed to be the manufacturer for the purpose of this chapter and may
				list its own name, address and telephone number on the label instead of the
				actual manufacturer if the following conditions are met:
(1) Upon request, with respect to products
				manufactured by the manufacturer and sold or distributed by the supplier under
				the supplier's private label, the supplier shall furnish information to a
				person to whom a manufacturer would be required to provide information under
				the act and this part.
(2) The
				supplier obtains from the manufacturer the medical and scientific information
				that the manufacturer is required to provide under section 4 of the act
				(35
				P. S. §
											7304) and this part and
				maintains this information so that it can immediately retrieve the information
				upon request.
(3) The supplier
				provides, upon request, the medical, scientific and other required information
				for the product that the manufacturer would be required to provide. To the
				extent the information has been designated a trade secret by the manufacturer,
				the supplier shall also treat it as a trade secret and shall provide it in the
				same manner and under the same circumstances as specified in section 11 of the
				act (35 P. S. §
											7311) and
				this part. The supplier may be relieved of the obligation contained in this
				paragraph if the supplier immediately provides the requestor with the name,
				address and telephone number of the manufacturer.
(4) The supplier provides upon request the
				full name, address and telephone number of the manufacturer. The information
				shall be treated as a trade secret and shall be provided in the same manner and
				under the same circumstances as specified in section 11 of the act and this
				part. Upon request by the Department, the name of the manufacturer shall be
				immediately provided without the necessity of a trade secret agreement. The
				Department will treat the information as confidential in accordance with
				section (11) of the act.
(5) The
				manufacturer and supplier have a written, signed agreement which specifically
				incorporates the requirements of paragraphs (1)-(4).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.8 - Right to information not included on the label

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The nonmanufacturing employer has 5
				working days from the receipt of an employe's request to provide the chemical
				name or Chemical Abstracts Service number of substance to an employe, if the
				following apply:
(1) A chemical name or a
				Chemical Abstracts Service number exists, but the container is not labeled with
				either.
(2) The employe requests
				the chemical name or Chemical Abstracts Service number in writing.
(3) A chemical name or Chemical Abstracts
				Service number is in the possession of the employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 309 - LABELING OF SUBSTANCES › Section 309.9 - Construction of this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is to be read in conjunction with Federal
				  statutes providing for the labeling of hazardous substances and is intended to
				  supplement Federal regulations in the interest of protecting the health and
				  safety of citizens of this Commonwealth.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 311 - POSTING OF NOTICES AND OTHER INFORMATION › Section 311.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the posting requirements under
				  section 7 of the act (35 P. S. §
										7307), and governs the requirements for the
				  posting of notices in the workplace and in outdoor and temporary
				  worksites.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 311 - POSTING OF NOTICES AND OTHER INFORMATION › Section 311.2 - Workplace postings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				nonmanufacturing employer shall prominently post the following in locations
				where notices to employes are normally posted:
(1) Lists of hazardous substances found in
				the workplace.
(2) Lists of special
				hazardous substances found in the workplace.
(3) Lists of environmental hazards which are
				emitted, discharged or disposed of from the workplace.
(4) Notification to employes and their
				representatives of their rights under the act.
(5) A notice containing this information will
				be provided by the Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 311 - POSTING OF NOTICES AND OTHER INFORMATION › Section 311.3 - Outdoor or temporary worksites

Current through Register Vol. 54, No. 28, July 13, 2024
In the case of an outdoor or temporary worksite which is not
				  contiguous to a building regularly used by a nonmanufacturing employer as a
				  workplace, postings of notices, as well as MSDSs and other materials shall be
				  in a location where employes, during a course of a normal day, have access
				  which does not depend on the permission or intervention of management or a
				  supervisor.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 313 - EMPLOYER EDUCATIONAL AND TRAINING PROGRAM › Section 313.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the education and training
				  requirements under section 8 of the act (35 P. S. §
										7308).