§ 301.2. Definitions.
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—Material 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.
Source The provisions of this § 301.2 amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3851. Immediately preceding text appears at serial pages (109954) to (109956) and (126527) to (126528).
Cross References This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).
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