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 301.3 - Jurisdiction/exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Information about hazardous substances required.
Employers and
				chemical suppliers doing business in this Commonwealth shall provide
				information about the identity and hazards of hazardous substances used in the
				workplace, except as provided in this chapter.
(b)
Exemptions.
(1) Manufacturers as defined in §
										301.2 (relating to definitions)
				and private sector employers regulated by OSHA's Hazard Communication Standard
				at 29 CFR
				1910.1200 (relating to hazard communication)
				with respect to the communication of information to their employes about
				hazardous chemicals found in their workplace are exempt from the following:
Act
Regulations
Item
Section 3 (35 P. S. §
																7303)
§§
															305.2(b),
							 305.3(b)
							 (relating to maintenanceand disclosure of Hazardous Substance Survey Forms; and
							 maintenance and disclosure of Environmental Hazard Survey
							 Forms)
Providing Hazardous Substance Survey Forms and Environmental
							 Hazard Survey Forms to Employes
Section 4 (35 P. S. §
																7304)
Chapter 307 (relating to
							 Material Safety Data Sheet (MSDS))
Providing MSDSs to employes
Section 7(a)(1) (35 P. S. §
																7307(a)(1))
Chapter
							 311 (relating to posting notices and other information)
Posting
							 information in the workplace
Section 6 (35 P. S. §
																7306)
Chapter 309 (relating to
							 labeling of substances)
Labeling containers and pipelines in the
							 workplace
Section 8 (35 P. S. §
																7308)
Chapter 313 (relating to
							 employer educational and training program)
Training employes
(2)
				An article is exempt from the act and this part under section 18(a)(1) of the
				act (35 P. S. §
											7318(a)(1)).
(3) A product intended for personal
				consumption by employes in the workplace is exempt from the act and this part
				under section 18(a)(2) of the act (35 P. S. §
											7318(a)(2)).
(4) A consumer product that is packaged in a
				container which is primarily designed for distribution to, and use by, the
				general public is exempt from the act under section 18(a)(3) of the act
				(35
				P. S. §
											7318(a)(3)).
(5) A product primarily intended for sale on
				the retail market to the general public and sealed in a package to be used
				therein is exempt from the act under section 2 of the act (35 P. S. §
											7302).
(6) Foods, drugs and cosmetics as defined in
				the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. §
											321) ; 21 CFR Part 1 (relating to general
				regulations for the enforcement of the Federal Food, Drug and Cosmetic Act and
				the Fair Packaging and Labeling Act); section 18(a)(4) of the act
				(35
				P. S. §
											7318(a)(4)) and
				other cosmetics, under the definition of chemical in section 2 of the act
				(35
				P. S. §
											7302) are exempt.
(7) Tobacco, as defined in section 2 of the
				act (35 P. S. §
											7302) and
				under the Federal Cigarette Labeling and Advertising Act (15 U.S.C.A. §§
											1331-1341) is
				exempt.