The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. This is revision 9, dated March 2014. So, depending on the circumstances, a requester may want to provide the information even though you are not required to do so. On-site testing of environmental hazards. Spouse's name, marital status, beneficiary or dependent information, Home addresses of law enforcement and judges, Records that identify social service recipients, including welfare recipients. Vol. Also, in the event of an appeal to the Office of Open Records (OOR) from an agency denial of a RTKL request, the OOR may consider the request, the appeal and any other records to be public. 67.101 et seq. Harrisburg, PA 17120. The OOR has done such an analysis in several cases, includingAikens v. Clymer Volunteer Fire Company(OOR Dkt. All Right-to-Know Law (RTKL) requests must be addressed to the Right-to-Know Officer (Open Records), as follows: Office of Attorney General (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. Certain privileges, such as attorney-client privilege, and court orders can also come into play. Please note that private wells are How does an agency provide evidence to meet its burden of proof? 15th Floor, Strawberry Square Is a tax collector considered an agency under the RTKL? The second version lists regulated chemical substances in order of the Chemical Abstracts Service (CAS) number. Cmwlth.) The Pennsylvania Worker and Community Right to Know Act, Online Hazardous Substance Survey Form (HSSF), La Ley del Derecho a Saber del Trabajador y la Comunidad de Pennsylvania. (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. Call 412-429-1151 to schedule a consultation with the experienced team at The Skin Center. The permittee will calculate the maximum safe usage rate for the chemical based on toxicity information contained in the Approved List. Proudly founded in 1681 as a place of tolerance and freedom. Some agencies also have their own forms, whichyou may find to bemore useful. (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). (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. Table of Contents Downloads Contact Trial Court Law Libraries Some of the records agencies may withhold under the 30 exceptions in the RTKL include: Yes. The OOR's list of Commonly Misdirected Requests includes more information. 717-783-1111. 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. It remains the agencys responsibility to respond to the requester and to furnish copies or perform redaction if needed for any non-public parts of the records. Requests can be submitted by: mail - Printable Request Form or provide a request that is legible; Title 105 CMR 670.000 - "Right To Know" Section 670.010 - The Massachusetts Substance List 105 Mass. (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. (4)EPA Carcinogen Assessment Groups List of Carcinogens. 65 Chemical List is available through the website of California's OEHHA (Ofice of Environmental and Health . (c)A person may submit relevant scientific information to assist the Department in making its determination. 2010-09-23T09:30:43-04:00 The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. Community Right to Know Act N.J.S.A. What documents should PA Tier II Submitters have prepared to attach in the Tier II Reports? Please enable scripts and reload this page. However, all agencies must accept the OOR's StandardRequest Form. Section 304 of the Emergency Planning and Community Right-to-Know Act requires this report within 30 days, but Pennsylvania's Act 165 requires this to be done in 14 days. Generally, agencies cannot charge other fees. RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) OHSA Permissible Exposure Levels . Table of Contents Publications (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. Chapter 21I) planning and reporting requirements. Workers' Compensation Insurance But their records are subject to the law and must be made available as follows. entitled "Tax collection records" states as follows: "(c) This section shall not be construed to do any of the following: (1) Make a tax collector an "agency" or authorize requests of the tax collector for records pursuant to the act of June 21, 1957 (P.L. Pennsylvania Right-to-Know . Can an agency limit the number of requests that a requester can make? Such language has no effect. Effective May 1, 2018, the DEP Right-to-Know office will require prepayment for all Right-to-Know requests where costs are incurred. COVID-19 Claim Statistics. The first draft was posted on March 1, 2017, and an updated draft was posted on Dec. 30, 2020. (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. application/pdf (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)). Additionally, if a requester wants to file an appeal, therequest must have been made in writing. You may be trying to access this site from a secured browser on the server. Fire Co.(OOR Dkt. Do you receive unwanted calls? The agencies have delegated the task of tax collection to the collectors, as a third party, and the records attendant to performing that governmental function cannot be shielded from view even though the tax collector is not itself an agency. Sometimes, settlement agreements contain provisions stating that the agreementwill not be provided in response to a RTKL request. PScript5.dll Version 5.2.2 complete this form to request Direct Interest Participant status. A minor's name, home address, date of birth. (Or can it be withheld under the RTKL, another law or regulation, a privilege, or a court order?). The current Right-to-Know Law was introduced by Senator Dominic Pileggi as Senate Bill 1 onMarch 29, 2007. that have the potential to be hazardous when released into the environment. Our page regarding How to File a Right-to-Know Request has more information. The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. The Agency Open Records Officer Guidebook is probably the best place to start. Pennsylvania Code (Rules and Regulations) Title 34 - LABOR AND INDUSTRY. Proudly founded in 1681 as a place of tolerance and freedom. HANDS The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. Health Care Services Review If access is denied, in whole or in part, the requester may file an appeal with the Appeals Officer, within fifteen (15) business days of the mailing date of the denial or within 15 business days of a deemed denial, to the following address: Office of Attorney General The List of Lists is a consolidated list of chemicals subject to: It was prepared to help facilities handling chemicals determine, for a specific chemical, whether they may be subject to certain reporting requirements. Emergency Planning and Community Right-to-Know Act (EPCRA). When a request is denied or deemed denied, whether in whole or in part, the requester may file an appeal with the Office of Open Records, where it will be assigned to an Appeals Officer. 2010 HSL A-Z Official websites use .gov This is revision 9, dated March 2014. Also, the current law established the Office of Open Records which makes it simple and free for a requester to appeal an agency denial. The OOR has posted draft regulations here. OSHA Highly Hazardous Chemicals . Proudly founded in 1681 as a place of tolerance and freedom. (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. The OOR has prepared an entire page to answer this question: How to File a Right-to-Know Request. WITH 1-BUTANAMINE (1:1), 9-OCTADECENOIC ACID, 12-(ACETYLOXY)-, BUTYL ESTER, [R-(Z)]-. updated draft was posted on Dec. 30, 2020. Request for Records:Right-to-Know Law Regulatory lists include those managed by EPA and other federal agencies and states. Requesters will be provided with an estimate on the cost of copying, flash drives, postage, etc., prior to duplication and mailing. AP 2017-0421) and Pysher v. Clinton Twp. You may search the Pennsylvania Code online database by entering information in the box below. )-, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, (3.ALPHA.,5A.BETA.,6.ALPHA.,9.ALPHA.,9A.BETA. (10)American Conference of Governmental Hygienists list found in Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.. hv6=F;qMM+Z\M_}$lg`o>fI >D"7|Q. &0] ,a9vW m8so(-xQJ It also imposes time limits within which an agency must respond to requests for public records, and provides a process whereby the requester may file an appeal when a request for information is denied in whole or part. (8)National Fire Protection Association list found in Hazardous Chemicals Data (NFPA 49).. (3)Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request. 15thFloor, Strawberry Square Not all volunteer fire companies are organized the same way in Pennsylvania, so there is no hard-and-fast rule across the state. Fee Schedule Acrobat Distiller 8.1.0 (Windows) 313. The SHHSL consists of over 1,000 hazardous substances that are defined as carcinogens, mutagens, teratogens, corrosive, flammables, and reactives. The RTKL states that,except as otherwise provided by statute, no other fees may be imposed unless the agency necessarily incurs costs for complying with the request, and such fees must be reasonable. NOT regulated by DEP. If a separate statute authorizes an agency to charge a set amount for a certain type of record, the agency may charge no more than that statutory amount. Pennsylvania citizens and workers have a "right to know" about chemical hazards present where they live and work. (Those are found in Section 708(b).) 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. Sometimes, another law or regulation allows or requires an agency to withhold records. Has the OOR promulgated regulations for the RTKL? (If you don't have a records management policy, create one.). 56-81-5 Revision Date 2007-03-01 Anti-Rabbit IgG - Atto . The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) requires public sector employers in the commonwealth List . (3)The specific reasons why the requested testing is desired. Find Out if Mommy Makeover is Right for You! Under section 3 of the act (35 P. S. 7303), the Department adopts a Hazardous Substance List as set forth in Appendix A. Within this program, you will find a copy of the Department of Labor & Industrys Hazardous Substance List (amended August 1989). Section 502(b)(1) provides that an agency open records officer (AORO) must direct RTKL requests to other appropriate persons within the agency. 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