§ 305.2. Maintenance and disclosure of Hazardous Substance Survey Forms.
(a) Maintenance of Hazardous Substance Survey Forms.
(1) An employer shall maintain a current Hazardous Substance Survey Form for each workplace, prepared under § 303.1 (relating to Hazardous Substance Survey Forms).
(2) The Hazardous Substance Survey Form shall be maintained until superseded by an updated Hazardous Substance Survey Form prepared under § 303.1.
(b) Disclosure of Hazardous Substance Survey Form to employes.
(1) An employer, who is a nonmanufacturer shall furnish, upon request of an employe or employe representative, a copy of the current Hazardous Substance Survey Form for the workplace to which the employe is assigned.
(2) Employers who are manufacturers are exempt from the requirement of paragraph (1).
(c) Disclosure of Hazardous Substance Survey Form to the general public.
(1) A person living or working in this Commonwealth may submit a written request to the Department for a Hazardous Substance SurveyForm. Written requests shall be sent to the Department of Labor and Industry, 7th and Forster Streets, Harrisburg, Pennsylvania 17120. Attention: Worker and Community Right-to-Know Program.
(2) The request shall include the following information:
(i) Name and address of the person requesting the survey.
(ii) The name, address and workplace of the employer.
(iii) A description of the type of work or business engaged in by the requestor and a certification that the requestor is not a competitor of the employer from whom the Hazardous Substance Survey Form is requested. The certification, signed and dated by the requestor, shall include the following language:
‘‘I hereby certify that, to the best of my knowledge, neither I, nor any member of my immediate family are now, or plan to be, a competitor or representative, employee, or agent of a competitor of the employer from whom I am making this request.’’
(3) An employer who receives a written request from the Department for a Hazardous Substance Survey Form, shall return the form within 20 calendar days of the date of receipt of the Department’s request. Within 45 days of the receipt of the appropriate request, the Department will transmit a copy of the requested form to the original requestor, if the employer in question has responded to the Department’s request unless the Department has a current copy on file.
(4) If upon receipt of the Hazardous Substance Survey Form, the Department determines that the form is not complete, the Department may return it to the employer and provide an explanation of the portions which need to be completed. An employer may be given no more than an additional 10 days from receipt of the Department’s request to make the corrections and completions, after which the form shall again be returned to the Department.
(5) The name and address of the requestor shall be kept confidential by the Department except as provided by § 321.2(a) (relating to complaint and investigation procedure).
(d) Disclosure of Hazardous Substance Survey Form to emergency response agencies.
(1) Upon the written request of a local police, fire or emergency response agency within whose jurisdiction an employer falls, the employer shall provide a copy of its latest Hazardous Substance Survey Form for a workplace within the requesting agency’s jurisdiction, within 20 days of receipt of the request.
(2) Absent good cause, no employer may be required to provide more than one copy of the most current Hazardous Substance Survey Form to the same emergency response agency.
(3) Disclosure of Hazardous Substance Survey Form by an emergency response agency shall be limited to official business purpose of the requesting agency.
Source The provisions of this § 305.2 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109969) to (109971).
Cross References This section cited in 34 Pa. Code § 305.6 (relating to public access); and 34 Pa. Code § 307.15 (relating to public access).
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