The Pennsylvania Code website reflects the Pennsylvania Code Under this law, all employers have some compliance responsibilities. Most of the current RTKLtook effect on Jan.1, 2009, but the entire law took effect in three stages: Under the current RTKL, all state and local government agency records are presumed to be public. The Pennsylvania Department of Labor & Industry has developed the Online Hazardous Substance Survey Form (HSSF) to assist you in reporting information about the hazardous chemicals present at your facility that are regulated by the state Worker and Community Right to Know Act. Under the old law, the burden was on a requester to establish why arecord was public. However, requesters should use good judgment in seeking agency records. If the name of the chemical is not on the Approved List, the permittee may complete and submit the New Chemical Additives Request Form (3800-FM-BCW0486) with the MSDS sheet to DEP's Bureau of Clean Water at RA . The Commonwealth of Pennsylvania's Right to Know Law (RTKL), 65 P. S. 67.101-67.3104, provides citizens the right of access to public records, and sets forth the conditions under which a document maintained by a Commonwealth agency is deemed a public record. AP 2017-0421) and Pysher v. Clinton Twp. Please enable scripts and reload this page. If so, is it a public record? Within this program, you will find a copy of the Department of Labor . I'm trying to access to adoption records. Local tax collectors are not considered "agencies" under the RTKL due to the Pennsylvania Local Tax Collection Law, 72 Pa. Cons. 1984 Act 159 - PA General Assembly. The CERCLA list consists of individual compounds and large groups of compounds. RTKL requests are not considered submitted if sent to anyone other than at the contact information above. complete this form to request Direct Interest Participant status. Are emails (or itemized cell phone bills, or any other specific type of document) public record? 2010 RIGHT TO KNOW HAZARDOUS SUBSTANCE LIST Important "Public Employers: This list must be made available in your facility's Right to Know Central File. Request Direct Interest Participant Status, Final Determinations Issued by District Attorneys. (10)American Conference of Governmental Hygienists list found in Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.. 240) (45 P. S. 1102, 12011208 and 1602) and 45 Pa.C.S. If you see "Show more" beneath a set of filters, click it to display the full list of filters. Pennsylvania Code, Title 34, Chapters 301-323, Right To Know Regulations . If a state or localagency denies your request, you generally have a right to appeal that denial to the OOR. (In other words, does it document a transaction or activity of an agency? 2909; amended August 11, 1989, effective January 1, 1990, 19 Pa.B. (b)The Department will annually submit to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin a recompilation of Appendix A, containing additions and deletions made under 323.4 (relating to additions and deletions to the Hazardous Substance List) and this section. (e)The Department may not conduct on-site testing which has already been conducted by the OSHA, the Department of Environmental Resources or the Mine Safety Health Administration. 390, No. (6)International Agency for Research on Cancer sublist, entitled Sufficient Evidence of Carcinogenicity in Animals.. (1) Federal Environmental . Search by information in one or all Titles. RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) HANDS 7412). If you do not have this number you many contact the DLT at (401) 462-8570, press option 5. LIST PRODUCT NAME, THEN LIST THE. The second version lists regulated chemical substances in order of the Chemical Abstracts Service (CAS) number. Chapter 323 - Hazardous Substance List. Contact Information 2010-09-23T09:30:43-04:00 If you have any questions Does the RTKL provide for due process for agency employees? Requests can be submitted by: mail - Printable Request Form or provide a request that is legible; SRS can also be searched by a specific regulatory list and shows all the chemicals on that particular list. It provides the regulations and statutes applicable to the chemical. *ejiQE!K$LJ V2.'lxQlTIB|t-%oEN$;0k!y=(u/q1mau= /D+9dJ#bNBWq K|`Y[2VP%lSk !OFEz |i\,s5O)GwOJq)eg*BU{ OV&hjXg. This section cited in 34 Pa. Code 323.5 (relating to automatic additions to Hazardous Substance List). The Right-to-Know Law defines "requester" as "a person that is a legal resident of the United States and requests records pursuant to this act." This section cited in 34 Pa. Code 301.3 (relating to jurisdiction/exemptions). Vol. (b)Interested parties for purposes of consultation with respect to a request for on-site testing include the following: (1)The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required. )-, 2,7:3,6-DIMETHANONAPHTH[2,3-B]OXIRENE, 3,4,5,6,9,9-HEXACHLORO-1A,2,2A,3,6,6A,7,7A-OCTAHYDRO-, (1A.ALPHA.,2.BETA.,2A.BETA.,3.ALPHA.,6.ALPHA.,6A.BET.,7.BETA.,7A.ALPHA. For example, a Recorder of Deeds may charge a copy fee of $0.50 per uncertified page and $1.50 per certified page under 42 P.S. The following Online Hazardous Survey Form program is being provided to allow employers to save and edit this survey electronically. Can an agency ask why a person wants to obtain requested records? INGREDIENTS (B) CHEMICAL ABSTRACTS. special hazardous substances and environmental hazards are identified on the list by S and E, respectively. Health & Safety Division To obtain access to DEP information under the Pennsylvania Right-to-Know Law (RTKL), you can complete the online form listed below and submit it electronically, or print it out and (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 Departments Hazardous Substance List. Other substances the department added by regulation including: biodiesel, synthetic fuels and oils, tung oils, wood-derivative oils, inedible seed oils from plants and pure ethanol intended for blending with motor fuels. Organize your records to help speed responses to RTKL requests. It also imposes time limits within which an agency must respond to requests for . Publications Constituent requests to a member of the House or Senate. changes effective through 52 Pa.B. WITH 1-AMINO-2-PROPANOL (1:1), BENZENESULFONIC ACID, 4-HYDROXY-, ZINC SALT (2:1), BENZENESULFONIC ACID, 4-METHYL-, METHYL ESTER, BENZIMIDAZOLE, 4,5-DICHLORO-2-(TRIFLUOROMETHYL)-, BICYCLO(2.2.1)HEPTANE-2-CARBONITRILE, 5-CHLORO-6-((((METHYLAMINO)CARBONYL)OXY)IMINO)-,(1S-(1-ALPHA, 2-BETA, 4-SLPHA, 5-ALPHA, 6E))-, BICYCLO[2.2.1]HEPTAN-2-OL, 1,7,7-TRIMETHYL-, ENDO-, BICYCLO[2.2.1]HEPTAN-2-ONE, 1,7,7-TRIMETHYL-, BICYCLO[3.1.1]HEPT-2-ENE, 2,6,6-TRIMETHYL-, BITUMENS, EXTRACTS OF STEAM REFINED AND AIR REFINED, BOOT AND SHOE MANUFACTURE AND REPAIR (CERTAIN EXPOSURES), BORIC ACID (H3BO3), TRIS(1-METHYLETHYL) ESTER, BORIC ACID (H3BO3), TRIS(2-METHYLPROPYL) ESTER, BORON TRIFLUORIDE COMPOUND WITH METHYL ETHER(1:1), BORON, TRIFLUORO[1,1'-OXYBIS[ETHANE]]-, (T-4)-, BUTANAMIDE, N-(2,4-DIMETHYLPHENYL)-3-OXO-, BUTANEDIOIC ACID, [(DIMETHOXYPHOSPHINOTHIOYL)THIO]-, DIETHYL ESTER, BUTANEDIOIC ACID, 2,3-DIHYDROXY- [R-(R*,R*)]-, COPPER(2+) SALT (1:1), BUTANEDIOIC ACID, 2,3-DIHYDROXY- [R-(R*,R*)]-, DIAMMONIUM SALT, CARBAMIC ACID, [1-[(BUTYLAMINO)CARBONYL]-1H-BENZIMIDAZOL-2-YL]-, METHYL ESTER, CARBAMIC ACID, METHYL-,O-(((2,4-DIMETHYL-1, 3-DITHIOLAN-2-YL)METHYLENE)AMINO)-, CARBAMIC ACID, METHYLNITROSO-, ETHYL ESTER, CARBAMODITHIOIC ACID, DIETHYL-, 2-CHLORO-2-PROPENYL ESTER, CARBAMODITHIOIC ACID, 1,2-ETHANEDIYL ESTER, CARBAMOTHIOIC ACID, BIS(1-METHYLETHYL)-, S-(2,3-DICHLORO-2-PROPENYL) ESTER, CARBONOCHLORIDOTHIOIC ACID, S-PROPYL ESTER, CARBONODITHIOIC ACID, O-ETHYL ESTER, POTASSIUM SALT, CHLORDANE (TECHNICAL MIXTURE AND METABOLITES), CHROMIC ACID (H2CRO4), BIS(1,1-DIMETHYLETHYL) ESTER, CHROMIC ACID (H2CRO4), CALCIUM SALT (1:1), CHROMIC ACID (H2CRO4), LEAD(2+) SALT (1:1), CHROMIC ACID (H2CRO4), MAGNESIUM SALT (1:1), CHROMIC ACID (H2CRO4), STRONTIUM SALT (1:1), CHROMIC ACID (H2CR2O7), CALCIUM SALT (1:1), COAL TAR PITCH VOLATILES AS BENZENE SOLUBLES, COAL TARS (DURING DESTRUCTIVE DISTILLATION). Sometimes, another law or regulation allows or requires an agency to withhold records. WC Insurance Search Form (7)National Toxicology Programs list of substances published in their latest Annual Report on Carcinogens. EPAsSubstance Registry Services (SRS)database can be used to search for a specific chemical name or Chemical Abstract Service (CAS) registry number. The Department of Labor & Industry, through the Health & Safety Division, acts as the data collector between employers and the community. Uninsured Employers Guaranty Fund specifically addressed that question under the old RTKL concluding that local tax collectors are not subject to the RTKL. Has the OOR promulgated regulations for the RTKL? Not all volunteer fire companies are organized the same way in Pennsylvania, so there is no hard-and-fast rule across the state. The law also provides for Right-to-Know Appeals Officer Requesters will be provided with an estimate on the cost of copying, flash drives, postage, etc., prior to duplication and mailing. On July 1, 2008, the law required all state contracts exceeding $5,000 to be posted on the. Is a tax collector considered an agency under the RTKL? On Jan.1, 2009, the remaining portions of the law went into effect. What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? Under the RTKL, an agency has the burden of proving that is is permitted to (or, in some cases, required to) withholda record. Yes. You may be trying to access this site from a secured browser on the server. The OOR has done such an analysis in several cases, includingAikens v. Clymer Volunteer Fire Company(OOR Dkt. Keystone State. (If you don't have a records management policy, create one.). 7348 (November 26, 2022). Merely stating that a record does not exist or making other factual assertions isn't enough for an agency to meet its burden of proof. 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. Uninsured Employers Guaranty Fund The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the commonwealth. Generally, agencies cannot charge other fees. The RTKL includes 30 exceptions agencies may use to withhold records. NOT regulated by DEP. (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. Pennsylvania citizens and workers have a "right to know" about chemical hazards present where they live and work. You are not required to state a reason for making a request for records. Please direct comments or questions to. Act 165 is not an unfunded mandate. 65 P.S. You may be trying to access this site from a secured browser on the server. information about the hazardous chemicals present at your facility that are regulated by the state Worker and Community Right to Know Act. In general, an agency must submit an affidavit sworn to under the penalty of perjury to support its assertion. WITH 1-AMINO-2-PROPANOL (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. Are volunteer fire companies and their records subject to the Right-to-Know Law? If such a request is denied and appealed to the OOR, the agency will be directed to notify appropriate third parties who can complete this form to request Direct Interest Participant status from the OOR. The completed Hazardous Substance Survey Form (HSSF) must be posted in the workplace. OSHA Highly Hazardous Chemicals . You may be trying to access this site from a secured browser on the server. The only exception is if the agreement has been sealed by a court of competent jurisdiction. (c)The workplace employer or site owner may conduct on-site testing instead of the Department. )-, CYCLOHEXANE, 1,2,3,4,5,6-HEXACHLORO-, (1.ALPHA.,2.ALPHA.,3.BETA.,4.ALPHA.,5.BETA.,6.BETA. (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. 65 Chemical List is available through the website of California's OEHHA (Ofice of Environmental and Health . In Hykel, the Commonwealth Court carefully explained that the records of tax collectors are public and can be obtained directly from governmental units that qualify as agencies under the RTKL, just not directly from the tax collector. jpatel uuid:e4478006-a392-4ac6-ba94-63d190afac89 PScript5.dll Version 5.2.2 If an agency enters into a settlement agreement, it is public in Pennsylvania. (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. )-, 2H-1-BENZOPYRAN-2-ONE, 4-HYDROXY-3-(3-OXO-1-PHENYLBUTYL)-, 2H-1-BENZOPYRAN-3,5,7-TRIOL, 2-(3,4-DIHYDROXYPHENYL)-3,4-DIHYDRO-, (2R-TRANS)-, 2H-1,3,2-OXAZAPHOSPHORIN-2-AMINE, N,N-BIS(2-CHLOROETHYL)TETRAHYDRO-, 2-OXIDE, 20-NORCROTALANAN-11,15-DIONE, 14,19-DIHYDRO-12,13-DIHYDROXY-, (13.ALPHA.,14.ALPHA. The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. )-, 2,6-PIPERIDINEDIONE, 4-[2-(3,5-DIMETHYL-2-OXOCYCLOHEXYL)-2-HYDROXYETHYL]-, [1S-[1.ALPHA.(S*),3.ALPHA.,5.BETA. Table of Contents The law prohibits an agency from requiring a person to disclose the purpose or motive in requesting access to records. endstream endobj 1310 0 obj <>/Encoding<>>>>> endobj 1101 0 obj <> endobj 1099 0 obj <> endobj 1100 0 obj <> endobj 1102 0 obj <> endobj 1191 0 obj <> endobj 1113 0 obj <> endobj 1124 0 obj <> endobj 1135 0 obj <> endobj 1136 0 obj <> endobj 1137 0 obj <> endobj 1138 0 obj <> endobj 1139 0 obj <> endobj 1140 0 obj <> endobj 1141 0 obj <> endobj 1142 0 obj <> endobj 1078 0 obj <> endobj 1081 0 obj <> endobj 1084 0 obj <> endobj 1087 0 obj <> endobj 1090 0 obj <> endobj 1093 0 obj <> endobj 1096 0 obj <> endobj 1225 0 obj <> endobj 1217 0 obj <> endobj 1224 0 obj <>stream (We receive multiple emails and calls every day from agency employees, and we're always happy to answer.). Can a request be denied because the requester is not a citizen of Pennsylvania? The Department, at its discretion, will determine situations which constitute emergencies for purposes of this section. WITH 2,2',2"-NITRILOTRIS[ETHANOL] (1:1), BENZENESULFONIC ACID, DODECYL-, SODIUM SALT, BENZENESULFONIC ACID, 4-DODECYL-, COMPD. to the Department of Labor & Industry, unless you are sent a written request specifically asking for a copy of the form. Keystone State. COVID-19 Claim Statistics. Keystone State. Implemented by the Administrative Council on Toxics Use Reduction. Proudly founded in 1681 as a place of tolerance and freedom. While verbal requests may be fulfilled, the requester cannot pursue the relief and remedies provided under the RTKL unless the request is in writing. The appeal shall state the grounds upon which the requester asserts that the record is a public record and shall address any grounds stated by the Right-to-Know Officer for denying the request. Before filing a Right-To-Know request, consider using one of the following options: If you are seeking information about any of the following DEP topics, please click on the links below: Please visit DEP's Site Map page for a complete listing of the content available on our website. (4)The name, address and location of the company and workplace or work area where the testing is requested to be conducted. Compliance Harrisburg, PA 17120 The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? If you request records and are asked why, but you don't want to answer, one good approach is to politely remind the agency that your motive is not relevant to the request and to then respectfully decline to answer. 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