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PASBO 49 th Annual Conference. March 11, 2004. Not Knowing PENNSAFE Regulations Could Cost You!. Knowing the Right-to-Know and PENSAFE Requirements. PRESENTERS: Thomas J. Ward, Jr., Director Bureau of PENNSAFE Barbara A. Dychala, Chief
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PASBO 49th Annual Conference March 11, 2004 Not Knowing PENNSAFE Regulations Could Cost You! Knowing the Right-to-Know and PENSAFE Requirements
PRESENTERS: Thomas J. Ward, Jr., Director Bureau of PENNSAFE Barbara A. Dychala, Chief Compliance Assistance Division
Bureau of PENNSAFE 1-888-SAFE-422www.dli.state.pa.us
Bureau Services Workplace Safety Committees and Right to Know Training Programs On-Site Compliance Assistance Publications Web Site Technical Assistance
Workplace Safety Committees Technical Assistance Training Programs Department of Labor & Industry Certified Workplace Safety Committees Can Receive Unlimited 5% Discounts on Workers Compensation Premiums
Safety Committee Training Safety Committee Dynamics Hazard Identification & Analysis Accident Investigation Our Services are FREE
Workplace Safety Committees Number of Initially Certified Committees 5,434 covering 756,626 employees Approximate Cumulative Total Employer Premium Savings: Initial Savings - $42,631,000 Renewal Savings - $101,520,000 TOTAL - $144,151,000
Right to Know Enforcement Overview • Increase in Written Complaints • September 11th • Most of our Current Cases Involve Public Schools • Average Penalty Assessment $70,000
Enforcement Process • Written Complaint is Filed • We Send Employer a Letter • Then Review Employer’s Response • Conduct Unannounced On-Site Inspection(s)
Enforcement Process • We Issue a Preliminary Order and Penalty Assessment • Calculation of Penalties (321.4) • Size of Business • Gravity of Violation • History of Previous Violations • Good Faith of Respondent • Employer Can Request an Informal Conference
Enforcement Process • We Conduct Additional Compliance Inspection(s) • Issue Final Order and Penalty Assessment • Settlement Agreement(s) • On-going Compliance Checks
What You Can Do Utilize PENNSAFE Services Good Faith Effort of Employer is Considered During an Investigation Call for Technical Assistance (717) 783-2071
What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco
What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco
What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco
What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco
What You Can Do School Districts attending PASBO workshops & Using PENNSAFE Services Abington General McLane (Edinboro) Lampeter Strasburg Penn Ridge Penn Hills SE Delco
Background Information Information Law Enacted 1984 Regulations Effective 1986 Approximately 2,400 Regulated Substances Hazardous Substance List Hazardous Substance Environmental Hazard Special Hazardous Substance
Is Your School District in compliance?
FYI – For Your Information • MSDS – Material Safety Data Sheet • HSSF– Hazardous Substance Survey Form • EHSF – Environmental Hazard Survey Form
Public Sector Employer Responsibilities Post Employee Workplace Notice Prepare Work Area Lists Collect and Maintain MSDSs Make Accessible to Employees
Public Sector Employer Responsibilities Label containers and ports of pipelines Exemption for Secondary Containers Complete HSSF annually by April 1 and post in workplace
Labeling Requirements PA Required Information Identity(Chemical or Common Name) Hazard Warning Name, Address & Telephone Number(Manufacturer, Supplier, Distributor)
Labeling Requirements Material Safety Data Sheets Labels must cross referencewithMSDSsin the work area
Public Sector Employer Responsibilities Conduct and Document Training Maintain Health and Exposure Records Complete EHSF, if requested by Labor and Industry
Reference Publications • Informational • Compliance • Training
Thank YouBureau of PENNSAFE 1-888-SAFE-422