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 301.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-The Worker and Community Right-to-Know
				  Act (35 P. S. §§
										7301-7320).
Article
-A manufactured item which is formed
				  to a specific shape or design during manufacture, which has end use functions
				  dependent in whole or in part upon its shape or design during end use and which
				  does not release, or otherwise result in exposure to, a hazardous chemical
				  under normal conditions of use.
Chemical
-An element, substance, chemical
				  compound or a mixture of elements, substances or compounds. The term does not
				  include an article, a food, drug or cosmetic as defined in the Federal Food,
				  Drug and Cosmetic Act ( 21
				  U.S.C.A. §
										321 ). The term does not
				  include cosmetics, tobacco or products which are primarily intended for sale on
				  the retail market to the general public and are sealed in the packages to be
				  used therewith.
Chemical Abstracts Service number
-The unique
				  identification number assigned by the Chemical Abstracts Service to
				  chemicals.
Chemical identification sheet (CIS)
-A
				  written document, prepared under the act, which contains, in the case of a
				  hazardous mixture, the identity by chemical name, common name and Chemical
				  Abstracts Service number; special hazardous substances comprising 0.01 % or
				  more of the mixture and hazardous substances comprising 1.0 % or more of the
				  mixture; and other substances comprising 3.0 % more of the mixture.
Chemical name
-The scientific designation of
				  a chemical under the nomenclature system developed by the International Union
				  of Pure and Applied Chemistry or the Chemical Abstracts Service rules of
				  nomenclature.
Common name
-A designation or identification
				  other than a chemical name or trade name, by which a substance is generally
				  known, such as a nonsystematic scientific name, which clearly identifies a
				  single chemical or mixture and which is unique to that specific chemical or
				  mixture.
Consumer product
-A consumer product shall be
				  defined in accordance with the Consumer Product Safety Act (
				  15 U.S.C.A. §§
										2051 -
				  2083 ) and Federal Hazardous
				  Substances Act ( 15 U.S.C.A.
				  §§
										1261 -
				  1276 ) when subject to a consumer
				  product safety standard or labeling requirement of those acts or regulations
				  issued under those acts by the Consumer Product Safety Commission.
Container
-A receptacle used to hold a
				  liquid, solid or gaseous substance including, but not limited to, bottles,
				  barrels, boxes, cans, cylinders, drums, cartons, vessels, vats and stationary
				  tanks. The term does not include receptacles into which substances are
				  transferred by the employe from labeled containers and which are intended only
				  for the immediate use by the employe who performs the transfer, or receptacles
				  which are primarily designed to be sold on the retail market for use by the
				  general public.
Department
-The Department of Labor and
				  Industry of the Commonwealth.
Director
-The Director of the Worker and
				  Community Right-to-Know program designated by the Secretary or the Director's
				  designee.
Employe
-A person currently working for an
				  employer, except domestic or casual laborers employed at the employer's place
				  of residence. A former employe is considered an employe, except that the former
				  employe's rights are subject to a request made by the former employe and
				  received by the employer.
Employe representative
-An individual or
				  organization authorized by an employe to exercise the right to request
				  information under the act. The term includes a recognized or certified
				  collective bargaining agent for an employe without regard to individual employe
				  authorization.
Employer
-An individual, partnership,
				  corporation or association doing business in this Commonwealth. The term
				  includes the Commonwealth, its political subdivisions-including school
				  districts-and an officer, board, commission, agency, authority or other
				  instrumentality thereof.
Environmental hazard
-A substance, emission
				  or discharge determined by the Department to be a hazardous substance and
				  which, because of its particular or extreme properties, poses a danger if
				  released into the environment.
Exposure
-A situation arising from a
				  workplace operation where an employe may ingest, inhale, absorb through the
				  skin or eyes or otherwise come into contact with a chemical or mixture.
Hazardous mixture
-A mixture that contains
				  one or more hazardous substances, in a concentration of 1.0 % or greater in the
				  mixture or a mixture that contains one or more special hazardous substances or
				  environmental hazards in concentrations of 0.01 % or greater in the mixture.
				  The term includes a new mixture resulting from the combination of a special
				  hazardous mixture and one or more chemicals or mixtures.
Hazardous substance
-A chemical or mixture
				  defined under section 3 of the act (35 P. S. §
										7303). The term includes hazardous mixture.
				  The term does not include substances naturally existing and not created as a
				  result of, or in connection with, a manufacturing process, such as animal
				  manures and coal.
Hazardous substance fact sheet (HSFS)
-A
				  written document prepared by the Department for the purpose of transmitting
				  information about a hazardous substance to employers, employes or members of
				  the general public.
Hazard warning
-Words, pictures, symbols or a
				  combination of these appearing on a label which conveys information regarding
				  actions or cautions to be taken with regard to the associated hazardous
				  substance.
Health professional
-A physician, nurse,
				  industrial hygienist, toxicologist or epidemiologist providing medical,
				  occupational health or environmental health services.
Importer
-The first business within the
				  customs territory of the United States which handles chemicals produced in
				  other countries and intended for sale and distribution to purchasers within the
				  United States.
Label
-A sign, emblem, sticker or marker
				  affixed to or stenciled into a container listing the information required under
				  section 6 of the act (35 P. S. §
										7306) and Chapter 309 (relating to labeling
				  and substances).
MSDS
-aterial Safety Data Sheet.
Manufacturer
-An individual, partnership,
				  corporation, association or other person who provides, extracts, produces, uses
				  or otherwise makes chemicals for sale or distribution having a Standard
				  Industrial Classification as designated in the
Standard Industrial
				  Classification Manual
prepared by the Federal Office of Management and
				  Budget within major groups 20 through 39, inclusive.
Material Safety Data Sheet (MSDS)
-A written
				  document prepared by a manufacturer, supplier or importer in conformity with
				  section 4 of the act (35 P. S. §
										7304) for the purpose of transmitting
				  information concerning a chemical.
Mixture
-A combination of chemicals not
				  involving a chemical reaction.
NIOSH Registry of Toxic Effects of Chemical
				  Substances
-The online data base of the National Institute for
				  Occupational Safety and Health Registry of Toxic Effects of Chemical
				  Substances.
OSHA
-The Federal Occupational Safety and
				  Health Administration.
Private label
-A unique sign, emblem, sticker
				  or marker identifying a product or trade name and accompanying information
				  under which a supplier markets a product manufactured by another manufacturer.
				  Private labels are generally characterized by the following:
(i) The name of the private label product is
				different from that used by the manufacturer.
(ii) The name, address and telephone number
				of the supplier appear on the label instead of the name, address and telephone
				number of the manufacturer.
(iii)
				The directions for use, hazard warnings and precautionary information are based
				on the manufacturer's information.
Research and development laboratory
-A
				  specially designated area used primarily for research, development, teaching or
				  testing activity, and not primarily involved in the production of goods for
				  commercial sale, in which chemicals are used by or under the direct supervision
				  of a technically qualified person.
Sealed package
-A portable container into
				  which the manufacturer, importer or supplier has placed chemicals, and which is
				  sealed by the manufacturer, importer or supplier for transport to another
				  location, and which is intended to remain sealed until reaching its final
				  destination. The term includes containers used to transport hazardous wastes
				  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,
				  6911e and
				  9601 -
				  9657.
Secretary
-The Secretary of the
				  Department.
Special hazardous substance
-A hazardous
				  substance so designated by the Department because its particular toxicity,
				  tumorigenicity, mutagenicity, reproductive toxicity, flammability,
				  explosiveness, corrosivity or reactivity poses a special hazard to health and
				  safety.
Supplier
-An individual, partnership,
				  corporation, association or other person inside or outside of this
				  Commonwealth, who manufactures, supplies, imports or distributes a chemical for
				  sale, distribution or use within this Commonwealth.
Technically qualified person
-A person who
				  because of education, training or experience understands the risk associated
				  with a hazardous substance or mixture containing a hazardous substance being
				  handled by an employe under his supervision or guidance.
Trade name
-A designation or identification
				  such as a code name or number, or a brand name, used by an employer or supplier
				  to identify a chemical other than by its chemical or common name.
Trade secret
-A formula, plan, pattern,
				  process, production data, information or compilation of information, including
				  chemical or common name, which is known only to an employer and a limited
				  number of other individuals, and which is used in the fabrication and
				  production or development of a product, process or service and which gives the
				  employer possessing it a competitive advantage over businesses who do not
				  possess it, or the secrecy of which is certified by an appropriate official of
				  the Federal Government as necessary for national defense purposes.
Workplace
-A building or work area or
				  contiguous group of buildings or work areas at one geographical location
				  composing a plant site in this Commonwealth used by the employer on a permanent
				  or temporary basis to conduct business.
Work area
-A room, section of a room or
				  defined space within a workplace where workers are based for the regular
				  performance of their duties.
This section cited in 34 Pa. Code §
											301.3 (relating to
					 jurisdiction/exemptions).