reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 313 - EMPLOYER EDUCATIONAL AND TRAINING PROGRAM › Section 313.2 - Employer responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				nonmanufacturing employer shall provide an annual education and training
				program for employes exposed to hazardous substances or hazardous mixtures
				found in the employe's work area. This program shall be provided at least once
				in a calendar year.
(b) A new
				employe shall be trained in regard to the hazardous substances or hazardous
				mixtures found in the work area under subsection (a). This initial training
				shall take place within 120 days of hire.
(c) If necessary, additional instruction
				shall be provided to appropriate employes if any of the following events
				occurs:
(1) The potential for the employe's
				exposure to the hazardous substance or hazardous mixture is different from that
				for which training was previously provided to the employe.
(2) An employe is reassigned to a different
				work area, resulting in exposure to hazardous substances or hazardous mixtures
				which is different from the hazards for which training was previously provided
				to the employe.
(3) A
				nonmanufacturing employer receives new and significant information concerning
				the hazardous substance or hazardous mixture in the employe's work area and to
				which the employe is exposed.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 313 - EMPLOYER EDUCATIONAL AND TRAINING PROGRAM › Section 313.3 - Content of training program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Nonmanufacturing employers shall furnish employes who are using or handling
				hazardous substances or hazardous mixtures with information on the contents of
				an MSDS, label or equivalent information either in written form or through
				training programs which may be generic to the extent appropriate and related to
				the job.
(b) The content of a
				training program shall include, as appropriate, the following information
				concerning the hazardous substances or hazardous mixtures:
(1) The location.
(2) The properties.
(3) The chemical and common name.
(4) The acute and chronic effects.
(5) The symptoms arising from
				exposure.
(6) The potential for
				flammability, explosivity and reactivity.
(7) Appropriate emergency
				treatment.
(8) Appropriate personal
				protective equipment and proper conditions for safe use.
(9) Emergency procedures for spills, leaks,
				fires, pipeline breakdowns or other accidents.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 313 - EMPLOYER EDUCATIONAL AND TRAINING PROGRAM › Section 313.4 - Construction with other laws

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				This chapter shall be construed in conjunction with statutes or collective
				bargaining agreements providing for the training of employes, and is intended
				to supplement other statutes or collective bargaining agreements in the
				interests of protecting the health and safety of citizens of this
				Commonwealth.
(b) Evidence of
				compliance with other statutes or collective bargaining agreements that meet
				the requirements of this chapter constitute compliance with this
				chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 315 - HEALTH AND EXPOSURE RECORDS › Section 315.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the health and exposure requirements
				  under section 9 of the act (35 P. S. §
										7309) and applies to employe health and
				  exposure records maintained by the employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 315 - HEALTH AND EXPOSURE RECORDS › Section 315.2 - Recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An employer shall keep records of employes' exposure to
				  specific chemical substances to the extent that it is required by OSHA under
				  29 CFR
				  1910.20(g) (relating to
				  access to employe exposure and medical records). The employer will also be
				  considered as complying with this section if similar requirements of the Mine
				  Safety Health Administration under
				  30 CFR
				  70.210 and
				  71.210 (relating to respirable
				  dust samples; report to operator; posting) are met.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 315 - HEALTH AND EXPOSURE RECORDS › Section 315.3 - Employe access to records

Current through Register Vol. 54, No. 28, July 13, 2024
An employe has the right of access to exposure and medical
				  records in the manner set forth by OSHA under
				  29 CFR
				  1910.20 (relating to access to employe
				  exposure and medical records). Access to employe exposure under the Mine Safety
				  Health Administration, 30
				  CFR 70.210 and
				  71.210 (relating to respirable
				  dust samples; report to operator; posting) will be considered as complying with
				  this section.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 315 - HEALTH AND EXPOSURE RECORDS › Section 315.4 - Department access to records

Current through Register Vol. 54, No. 28, July 13, 2024
Upon request by the Department, nonmanufacturing employers
				  shall provide copies of employe health and exposure records maintained by the
				  employer, including, but not limited to, the records maintained and supplied to
				  the Federal government by employers as mandated under applicable State and
				  Federal statutes and regulations except as access by third parties is limited
				  by the statutes and regulations. The employer has 60 days from the receipt of
				  the Department's written request to provide this information.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 315 - HEALTH AND EXPOSURE RECORDS › Section 315.5 - Release of information

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not release information in a way that
				  directly or indirectly identifies individuals. The Department may publish an
				  analysis of reports and information for scientific and public health purposes
				  if the identities of the individuals concerned cannot be ascertained directly
				  or indirectly and if information protected by applicable trade secret law is
				  not divulged.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the requirements relating to trade
				  secret claims, under section 11 of the act (35 P. S. §
										7311).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.2 - Trade secret claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Withholding of chemical name
. An importer, employer,
				manufacturer or supplier may withhold the chemical name or other specific
				identification of a chemical as a trade secret, if the following conditions are
				met:
(1) The claim that the information
				withheld is a trade secret can be supported by the importer, employer,
				manufacturer or supplier making the claim.
(2) The MSDS discloses the information
				concerning the properties and effects of the hazardous substance or hazardous
				mixture.
(3) The label and MSDS
				show the following:
(i) The specific chemical
				identity is being withheld as a trade secret.
(ii) A trade secret for a special hazardous
				substance is being claimed.
(4) The specific chemical identity is made
				available to health professional under §
										317.3 (relating to disclosure to
				health professionals).
(5) The
				importer, employer, manufacturer or supplier making the trade secret claim
				files a notice of the claim with the Department. This notice may not require
				the person making the claim to disclose the information which is claimed to be
				a trade secret. An MSDS containing a notation that the information is a trade
				secret is sufficient notice for this paragraph.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.3 - Disclosure to health professionals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Treating physicians and nurses.
(1)
Nonemergency situation
.
(i) An employer, manufacturer, importer or
				supplier shall disclose the chemical identification or other information
				claimed as a trade secret to a treating physician or nurse if:
(A) The request is in writing.
(B) The information is needed for medical
				diagnosis or medical treatment of an exposed person.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.4 - Penalties for disclosure of confidential information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An officer or employe of the
				Commonwealth, contractor to the Commonweath, physician or employe of a county
				health department, local fire department or local police department who has
				access to confidential information and who willingly or knowingly discloses the
				confidential information to a person not authorized to receive it shall, upon
				conviction thereof, be guilty of a misdemeanor of the third degree.
(b) The person or institution which discloses
				the confidential information is liable for damages to the full extent of those
				damages.
(c) Violation of this
				section is
prima facie
evidence of trespass under Commonwealth
				common law.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.5 - Protection of confidential information certified by Federal officials

Current through Register Vol. 54, No. 28, July 13, 2024
Information certified by appropriate officials of the Federal
				  government as "necessarily kept secret" for national defense purposes shall be
				  accorded the full protection against disclosure, as specified by the officials
				  or under Federal statutes.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 317 - TRADE SECRETS › Section 317.6 - Construction of chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter shall be construed in conjunction with an
				  adjudication by other forums that the trade secret claim is a trade secret. In
				  considering claims for trade secrets, the Department will give consideration to
				  a trade secret designation made by another appropriate entity, such as a
				  government agency, board or commission, court or other legal entity empowered
				  to make determinations.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 319 - PROTECTION OF EMPLOYEES › Section 319.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the protection of employe
				  requirements under section 13 of the act (35 P. S. §
										7313) and governs the authority of employes
				  to exercise their rights under the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 319 - PROTECTION OF EMPLOYEES › Section 319.2 - Prohibition of discharge or discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No nonmanufacturing employer may
				discharge or cause to be discharged, or otherwise discipline or discriminate
				against an employe because the employe has done one of the following:
(1) Filed a complaint.
(2) Assisted the Department with respect to
				an inspection under section 14 of the act (35 P. S. §
											7314) and Chapter 321 (relating to
				enforcement procedures and penalties).
(3) Instituted or caused to be instituted a
				proceeding under or related to the act and this part.
(4) Testified or is about to testify in a
				proceeding under or related to the act and this part.
(5) Requested information or properly refused
				to work with the specific hazardous substance under section 5 of the act
				(35
				P. S. §
											7305) and Chapter 307 (relating
				to Material Safety Data Sheet (MSDS)).
(6) Exercised a right afforded under the act
				and this part.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 319 - PROTECTION OF EMPLOYEES › Section 319.3 - Burden of proof

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department or the employe establishes that within the
				  6 months prior to the alleged violation, the employe exercised a right provided
				  in the act, the nonmanufacturing employer shall have the burden to show just
				  cause for the employer's action by clear and convincing evidence in a
				  proceeding brought under Chapter 321 (relating to enforcement procedures and
				  penalties). For purposes of this section, just cause is substantial evidence
				  that the employer's action would have been taken regardless of whether the
				  employe exercised rights under the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 319 - PROTECTION OF EMPLOYEES › Section 319.4 - Waiver of rights prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				waiver by an employe or applicant for employment of the benefits or
				requirements of the act and this part shall be against public policy and shall
				be void.
(b) A nonmanufacturing
				employer's request or requirement that an employe waive rights under the act as
				a condition of employment shall constitute a violation of section 13 of the act
				(35
				P. S. §
										7313) and this
				chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to implement the complaint and
				  investigation procedures, civil penalties assessment, judicial review and
				  enforcement requirements set forth in sections 14, 15 and 16 of the act
				  (35
				  P. S. §§
										7314-7316).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.2 - Complaint and investigation procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who believes there is a
				violation by an employer or supplier of the act or this part may file a
				complaint, within 180 days of the violation, with the Department. The complaint
				shall be in writing, verified and shall set forth the grounds for the
				complaint. Upon request of the complainant, the complainant's identity may not
				be revealed. The identity of the complaining party will be disclosed if, in the
				course of attempting to prove the existence of a violation, the complaining
				party testifies or if a court orders disclosure.
(b) Within 30 days after receipt of the
				complaint, the Department will notify the respondent in writing and permit the
				respondent to demonstrate compliance under the act.
(c) If compliance has not been demonstrated
				by clear and convincing evidence within 14 days of the mailing of the
				notification, and if the facts in controversy are susceptible to verification
				by inspection, a representative of the Department will:
(1) Inspect, at reasonable times, the
				employer's workplace and conditions relevant to the complaint.
(2) In a reasonable manner, make additional
				investigation considered necessary for a determination of the employer's or
				supplier's compliance with the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.3 - Issuance and content of order

Current through Register Vol. 54, No. 28, July 13, 2024
If, upon investigation of a complaint, the Department finds
				  that a respondent has violated the act or this part, within 7 days it will
				  issue to the respondent an order to comply. This order will be in writing,
				  specifically describe the nature of the violation and state a reasonable time
				  period, not to exceed 90 days, within which the violation shall be corrected by
				  the employer. The order shall contain other information that the Department
				  will require.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.4 - Determination of penalty amount

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Power of assessment
. The Department has the authority to
				assess civil penalties from $500 to $10,000 for each violation of the act,
				unless a greater amount is specified elsewhere in the act, giving consideration
				to the appropriateness of the penalty with respect to the size of the business
				of the employer being charged, the gravity of the violation, the good faith of
				the respondent and the history of previous violations. The amount of the civil
				penalty shall be based upon the point-system formula set forth in this
				section.
(b)
Calculation of
				penalties
. Four criteria will be used to determine the penalty amount.
				The criterion will be assigned points under the schedule in paragraph (1):
(1)
Size of business
. This
				criterion will take into consideration the number of employes on the date of
				the violations who are regularly assigned to the workplace where the violation
				occurred. A maximum of 25 points may be assigned to this criterion under the
				following:
Number of
							 employes
Points
1 to 9
5
10 to 19
10
20 to 29
15
30 to 49
20
more than 50
25
(2)
Gravity of violation
. The criteria will be based upon two
				factors-the type of information which appropriate persons are not able to
				obtain under the act, and the extent to which the information is not provided.
				A factor may be assigned points under the schedule in this paragraph. Total
				points may not exceed 25 for both factors combined.
(i) The type of information involved in the
				violation:
Type of
							 Information
Points
Material Safety Data Sheets
1-5
Labels
1-5
Notice of Employes Rights
5-10
Training
5-10
Any List of Hazardous Substances
5-10
(ii)
				Extent to which information is not provided:
Information
Points
Not prepared
5-15
Incomplete
1-5
Inaccurate
1-10
Out-of-Date
1-5
Prepared but Not Accessible
5-15
(3)
History of previous
				violations
. This criterion shall be based on the number of assessed
				violations in the subject workplace in a preceding 12 month period. Only
				violations for which penalties are paid and which are not subject to further
				appeal may be included. These criteria may account for up to 25 penalty points:
Number of violations in the subject workplace
							 over preceding 12-month period
Points
0-5
0
6-10
5
11-15
10
Over 15
25
(4)
Good faith of respondent.
This criteria may be used to reduce
				the point calculation, based upon credits given for the respondent's good faith
				in abating the violation and will result in a reduction of total penalty points
				as follows:
Points
Abate the violation within 1 working day of receipt
							 of an order to comply.
25
Abate the violation within the time given in the
							 order to comply, without extensions.
20
Abate the violation within the time period given in
							 the order to comply, with extensions.
15
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.5 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The respondent
				may, in writing, request the Department to provide a hearing concerning orders
				to comply or penalties levied upon the employer under this chapter within 30
				days of the respondent's receipt of the notice. The request shall be filed as a
				petition under 1 Pa. Code §
									35.17 (relating to petitions
				generally).
(b) The hearing will be
				held under
				2
				Pa.C.S. §§
										501-508 and
				701-704 (relating to
				Administrative Agency Law), and 1 Pa. Code Part II (relating to general rules
				of administrative practice and procedure).
(c) After the hearing, the Department will
				affirm, reverse or modify its original determination.
(d) The validity of an order underlying a
				penalty assessment may be an issue in a hearing on the penalty assessment
				conducted under subsection (a), whether or not a request for a hearing on the
				order was previously sought.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.6 - Preliminary relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				Department determines that reasonable cause exists to believe a violation has
				occurred, and that the violation may present an imminent danger to an employe
				or member of the public, the Department will seek a preliminary or special
				injunction in the appropriate court of common pleas.
(b) The courts of common pleas are empowered
				to and shall issue injunctive relief upon a
prima facie
showing by the Department of a violation and a showing by a preponderance of
				the evidence that an imminent danger situation is present.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.7 - Interference with inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				employer or individual who wilfully impedes an authorized representative of the
				Department from carrying out an investigation or inspection under the act or
				this part or who refuses entry to an authorized representative of the
				Department to a workplace where the inspection is authorized by a warrant shall
				be assessed a civil penalty of not more than $1,000.
(b) A person who gives advance notice of an
				inspection to be conducted under the act without authority from the Department
				shall be assessed a civil penalty of not more than $1,000.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.8 - Judicial review and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appellate review.
(1) A
				person aggrieved by a final determination of the Department under sections 11
				and 14 of the act (35 P. S. §§
											7311
				and 7314) may file a petition for
				review within 30 days of determination in Commonwealth Court,
				42 Pa.C.S. §
											763(a) (relating to direct
				appeals from government agencies).
(2) The decision of the Department may not be
				reversed or modified, unless the decision is found to be arbitrary, capricious,
				illegal or not supported by substantial evidence.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 321 - ENFORCEMENT PROCEDURES AND PENALTIES › Section 321.9 - False statements and intentional omissions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who knowingly makes a false
				statement, representation or certification in a list, record or other document
				required to be maintained under the act or this part or who intentionally or
				deliberately refrains from complying with the act shall be assessed a civil
				penalty of not more than $10,000 or shall be guilty of a criminal offense
				classed as a misdemeanor of the first degree, or both.
(b) An employer or supplier who wilfully or
				recklessly prepares an MSDS for the purpose of withholding or falsifying
				relevant information concerning the nature and severity of the hazardous nature
				of the substance shall be assessed a civil penalty of not more than $10,000 or
				shall be guilty of a criminal offense classed as a misdemeanor of the first
				degree, or both.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 3 of the act (35 P. S. §
										7303), the Department adopts a Hazardous
				  Substance List as set forth in Appendix .
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.2 - Special hazardous substances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Hazardous substances which are considered special hazardous substances because
				their particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity,
				flammability, explosivity, corrosivity or reactivity pose a special hazard to
				health and safety. Only substances on the Hazardous Substance List in Appendix
				A which have the letter "S" are part of the Special Hazardous Substance
				List.
(b) The Department will
				evaluate the appropriateness of designing hazardous substances as special
				hazardous substances based on the following criteria:
(1) The substance shall be one which is on
				the Department's Hazardous Substance List.
(2) The hazardous substance when present at
				concentrations of less than 1.0%, but greater than .01%, shall pose a special
				hazard to health and safety due to its toxicity, tumorigenicity, mutagenicity,
				reproductive toxicity, flammability, explosiveness, corrosivity or
				reactivity.
(3) Reliable, current
				and accurate scientific evidence shall demonstrate the elements of paragraph
				(2).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.3 - Environmental hazards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hazardous
				substances which are considered environmental hazards because of their
				particular or extreme properties pose a danger if released into the environment
				are contained in an Environmental Hazard List. Only substances on the Hazardous
				Substance List in Appendix A which have the letter "E" are part of the
				Environmental Hazard List.
(b) The
				Department will evaluate the appropriateness of designating hazardous
				substances as environmental hazards based on the following criteria:
(1) The substance shall be one which is on
				the Department's Hazardous Substance List.
(2) The substance shall be regulated under
				Federal, State, county or municipal environmental statutes.
(3) The substance shall pose a danger if
				released into the environment in that it shall be considered toxic, hazardous
				or it shall be a contaminant subject to Statewide standards for emissions or
				discharges under current environmental statutes regulating the
				substance.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.4 - Additions and deletions to the Hazardous Substance List

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided by §
									323.5 (relating to automatic
				  additions to Hazardous Substance List), the Department will add or delete
				  substances from the list contained in Appendix A only following public notice,
				  hearings and publication of a rulemaking under the act of July 31, 1968 (P. L.
				  769, No. 240) (45 P. S. §§
										1102,
				  1201-1208 and
				  1602) and 45 Pa.C.S. Part II
				  (relating to publication and effectiveness of Commonwealth
				  documents).
This section cited in 34 Pa. Code §
											323.5 (relating to automatic
					 additions to Hazardous Substance
					 List).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.5 - Automatic additions to Hazardous Substance List

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Chemicals not listed in Appendix A which
				appear in future compilations or issues of the following lists will
				automatically be added to the Hazardous Substance List in Appendix A upon
				publication of a notice of the automatic additions in the
Pennsylvania
				Bulletin
.
(1) Federal Environmental
				Protection Agency (EPA) list of toxic pollutants and hazardous substances
				prepared under sections 307 and 311 of the Federal Clean Water Act of 1977
				(33 U.S.C.A. §§
											1317 and
				1321).
(2) EPA list of hazardous air pollutants
				prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. §
											7412).
(3) EPA list of restricted use of pesticides
				found at 40 CFR
				162.30 (relating to optional procedures for
				classification of pesticide uses by regulation).
(4) EPA Carcinogen Assessment Group's List of
				Carcinogens.
(5) OSHA list of toxic
				and hazardous substances found in 29 CFR Part 1910 , Subpart Z (relating to
				toxic and hazardous substances).
(6) International Agency for Research on
				Cancer sublist, entitled "Sufficient Evidence of Carcinogenicity in
				Animals."
(7) National Toxicology
				Program's list of substances published in their latest Annual Report on
				Carcinogens.
(8) National Fire
				Protection Association list found in "Hazardous Chemicals Data (NFPA
				49)."
(9) National Fire Protection
				Association list found in "Fire Hazard Properties of Flammable Liquids, Gases,
				Volatile Solids (NFPA 325M)," but only substances found on sublists for health
				items, categories 2, 3 and 4; sublist for reactivity items, categories 3 and 4;
				and sublists for flammability, categories 3 and 4.
(10) American Conference of Governmental
				Hygienists list found in "Threshold Limit Value for Chemical Substances and
				Physical Agents in the Workplace."
(11) National Cancer Institute sublist,
				entitled "Carcinogens Bioassays with at Least Evidence Suggestive of
				Carcinogenic Effect," but including only substances which satisfy criteria of
				the National Toxicology Program indicating significant carcinogenic
				effect.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIII - Worker and Community Right-to-Know Act › Chapter 323 - HAZARDOUS SUBSTANCE LIST › Section 323.6 - Onsite testing of environmental hazards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may conduct, at its own
				expense and for good cause shown, on-site testing for environmental hazards or
				use other methods that will provide more exact information concerning the
				environmental hazards reported in the Environmental Hazard Survey under section
				3(g) of the act (35 P. S. §
										7303(g)). The action will be
				considered by the Department upon receipt of a written request which contains
				the following information:
(1) The name and
				address of the requesting party.
(2) A reasonable description or name of
				substances requested to be tested.
(3) The specific reasons why the requested
				testing is desired.
(4) The name,
				address and location of the company and workplace or work area where the
				testing is requested to be conducted.
(5) The efforts made to obtain the
				information sought through the testing.
(6) Additional information the Department
				considers pertinent to the request.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.2 - Department fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				fees apply to the certification of code officials. The Department will charge
				one fee per certification application. An individual may apply for
				certification for multiple categories on a single application form. Fees are
				nonrefundable.
(1) Initial certification and
				registration-$50.
(2) Certification
				renewal-$50.
(3) Third-party agency
				certification and renewal-$250.
(4)
				Identification card replacement-$10.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.2a - Municipal and third-party agency fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A municipality or third-party agency that
				enforces the Uniform Construction Code may establish fees for its
				administration and enforcement and time periods for payment of the fees. The
				municipality or third-party agency may establish a required time period for
				payment of the fees and fees for plan review, inspections and other activities
				related to the Uniform Construction Code.
(b) The building code official for the
				municipality and a third-party agency shall make the fee schedule available to
				the public.
(c) A municipality or
				third-party agency may establish a fee refund policy.
(d) A municipality or third-party agency may
				withhold issuance of a certificate or permit until a required fee is
				paid.
(e) A municipality may
				establish other fees authorized by law.
The provisions of this §
											401.2a issued under sections 301
					 and 304 of the Pennsylvania Construction Code (35 P. S. §§
												7210.301 and
					 7210.304).
This section cited in 34 Pa. Code §
											403.43 (relating to grant, denial
					 and effect of permits); 34 Pa. Code §
											403.63 (relating to grant, denial
					 and effect of permits); and 34 Pa. Code §
											403.102 (relating to
					 municipalities electing to enforce the Uniform Construction
					 Code).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.3 - Certification required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				person may not perform a plan review of construction documents, inspect
				construction or equipment, or administer and enforce the Uniform Construction
				Code without being currently certified or registered by the Department in the
				category applicable to the work that is to be performed.
(b) A person may not approve plans or perform
				inspections relating to accessibility requirements without being certified by
				the Department as an accessibility inspector/plans examiner.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.4 - Application and identification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				applicant for certification shall submit a Department-provided application, pay
				the required fee and submit verification of meeting the requirements of this
				chapter and passing all of the certification examinations for a specific
				certification category in §
									401.6 (relating to certification
				categories and testing) on or after July 12, 1996.
(b) The Department will issue an
				identification card to an applicant who meets the certification
				requirements.
(c) A certification
				holder shall notify the Department in writing if the identification card is
				lost or destroyed. The Department will charge a required fee for issuance of a
				new identification card.
(d)
				Certification and certification renewal will not be valid until the Department
				receives the required fee.
(e) The
				period of certification shall be 3 years from the issuance date of a
				certification under §
									401.8(a)
				(relating to certification renewal).
(f) The Department may refuse to issue
				certification for just cause in accordance with §
									401.14 (relating to
				decertification or refusal). The Department will provide written notification
				of the reasons for the refusal to issue certification.
This section cited in 34 Pa. Code §
											401.5 (relating to waivers); 34
					 Pa. Code §
											401.8 (relating to certification
					 renewal); and 34 Pa. Code §
											401.14 (relating to
					 decertification or refusal to
					 certify).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.5 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				may grant a request for waiver of the testing requirements of §
									401.6 (relating to certification
				categories and testing) if the applicant meets any of the following criteria:
(1) Passed a test substantially similar to
				the testing categories in §
										401.6 within the 6 years prior to
				July 12, 2002.
(2) Passed a test
				substantially similar to the testing categories in §
										401.6 before July 12, 1996, so
				long as the applicant submits any of the following to the Department:
(i) Evidence of continued employment as a
				code administrator in the related field.
(ii) Current certification issued by a model
				code organization.
(iii) Evidence
				of completion of 30 hours of continuing education or a college degree program
				in associated fields.
(3)
				Passed a certified building official examination. An applicant who passed the
				examination may be eligible to receive certification in the following
				categories:
(i) Residential building
				inspector.
(ii) Building
				inspector.
(iii) Building plans
				examiner.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.6 - Certification categories and testing

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will issue a certification for a specific
				  category to an applicant who receives a passing grade in all of the
				  examinations required for that category. The Department will accept the
				  following category examinations or successor examinations administered by the
				  Department, the National Certification Program for Construction Code
				  Inspectors, Assessment Services, Incorporated, the National Association of
				  Elevator Safety Authorities or other Nationally-recognized testing program
				  approved by the Department. The Department will list the approved providers on
				  its Internet website.
Certification Categories
Examination Number and Name
Residential building inspector
1A Building 1
							 & 2 family dwelling
Residential electrical inspector
2A
							 Electrical 1 & 2 family dwelling
Residential mechanical inspector
4A
							 Mechanical 1 & 2 family dwelling
Residential plumbing inspector
5A Plumbing 1
							 & 2 family dwelling
Residential energy inspector
E1 Residential
							 energy plan review & inspection
Building inspector
1B Building general 3B
							 Fire protection general
Fire inspector
F1 Fire prevention inspection
							 general I
Electrical inspector
2B Electrical general
Mechanical inspector
4B Mechanical general
Plumbing inspector
5B Plumbing general
Energy inspector
E2 Commercial energy
							 inspection
Accessibility inspector/plan examiner
A1
							 accessibility inspector/ plan examiner
Building plans examiner
1B Building general
1C Building plan review
3B Fire protection general
3C Fire protection plan review
Electrical plans examiner
2B Electrical
							 general
2C Electrical plan review
Mechanical plans examiner
4B Mechanical
							 general
4C Mechanical plan review
Plumbing plans examiner
5B Plumbing general
5C Plumbing plan review
Energy plans examiner
E3 Commercial energy
							 plan review
Building code official (code administrator)
Department-administered test on State law and application
Elevator inspector
Qualified elevator
							 inspector test or its equivalent
Passenger ropeway inspector
Department
							 administered test on ANSI B77.1-1999 edition
This section cited in 34 Pa. Code §
											401.4 (relating to application and
					 identification); 34 Pa. Code §
											401.5 (relating to waivers); 34
					 Pa. Code §
											401.8 (relating to certification
					 renewal); 34 Pa. Code §
											401.9 (relating to continuing
					 education); and 34 Pa. Code §
											401.10 (relating to
					 Department-approved providers).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.7 - Certification category specifications

Current through Register Vol. 54, No. 28, July 13, 2024
An individual certified by the Department in the following
				  categories may perform the duties described in the specific category as a
				  construction code official:
(1)
Residential building inspector.
(i) Inspects one-family and two-family
				dwellings and jurisdictional accessory structures to ensure that these
				structures are free from hazardous structural conditions and comply with the
				Uniform Construction Code.
(ii)
				Duties include inspection of footings and foundations, concrete slabs, wood
				decay and termite protection, floor and ceiling framing, wall framing, roof
				framing, masonry walls, sheathing, roof covering, interior and exterior wall
				coverings, means of egress system and safety glazing.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.8 - Certification renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				certification holder shall renew a certification every 3 years from date of
				issuance to continue to act as a code administrator. If a certification holder
				receives certification in an additional category, the expiration date of all
				his certifications shall be the date of expiration of the certification that
				was last issued to the certification holder.
(b) To renew a certification, an applicant
				shall submit a completed Department-provided renewal form, acceptable proof of
				completion of continuing education and the required certification fee under
				§
									401.2 (relating to Department
				fees). The Department will post this form on its Internet website (
www.dli.state.pa.us
) and provide it upon
				request.
(c) An applicant for
				renewal shall obtain identification in accordance with §
									401.4 (relating to application and
				identification).
(d) The Department
				will not renew a certification that is expired for more than 1 year unless the
				applicant submits a certification application under §
									401.4 and passes the required
				examinations under §
									401.6 (relating to certification
				categories and testing).
(e) An
				applicant for certification renewal shall submit proof of completion of each
				continuing education course. The proof of completion shall be completed by the
				course provider and contain the following information:
(1) The name and address of the training
				provider.
(2) The dates
				attended.
(3) The credit hours
				claimed.
(4) The title of the
				course.
(5) The subject matter of
				the course.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.9 - Continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
				to certification renewal, an applicant shall complete 15 credit hours of
				continuing education in courses relating to the professional competency of code
				administrators. An applicant with multiple certification areas shall complete
				15 credit hours of continuing education for each category after the issuance of
				the certification or most recent renewal of certification. The applicant is not
				required to complete more than 45 credit hours for renewal. At least 1/3 of the
				applicant's continuing education requirement shall be in approved courses
				relating to the applicant's certification categories.
(b) The Department will approve credit as
				follows:
(1) One credit hour for each 60
				minutes actually spent at one course except as otherwise listed in this
				subsection.
(2) One credit hour for
				each 60-minutes of completion time for a self-study course calculated by the
				sponsor. The Department may modify credit hours for a self-study course to
				comply with this section.
(3) Five
				credit hours for successful completion of an examination for an additional
				certification category under subsection (c)(5).
(4) One credit hour for each 60 minutes
				actually spent in attendance at a model code organization code change hearing
				under subsection (c)(6).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.10 - Department-approved providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following providers are approved to offer instruction for continuing education
				credit hours:
(1) The National Conference of
				States on Building Codes and Standards.
(2) A Federal, Commonwealth or state
				agency.
(3) An accredited academic
				institution.
(4) A model code
				organization or its accredited local chapter.
(5) A trade association representing design
				professionals or the construction industry.
(6) A National standards writing
				organization.
(7) An association
				serving or representing Commonwealth municipalities.
(8) Approved testing providers under §
										401.6 (relating to certification
				categories and testing) for credit hours under §
										401.9(c)(5)
				(relating to continuing education).