§ 301.3. Jurisdiction/exemptions.
(a) Information about hazardous substances required. Employers and chemical suppliers doing business in this Commonwealth shall provide information about the identity and hazards of hazardous substances used in the workplace, except as provided in this chapter.
(b) Exemptions.
(1) Manufacturers as defined in § 301.2 (relating to definitions) and private sector employers regulated by OSHA’s Hazard Communication Standard at 29 CFR 1910.1200 (relating to hazard communication) with respect to the communication of information to their employes about hazardous chemicals found in their workplace are exempt from the following:
Act Regulations Item Section 3 (35 P. S. § 7303) § § 305.2(b), 305.3(b) (relating to maintenanceand disclosure of Hazardous Substance Survey Forms;and maintenance and disclosure of Environmental Hazard Survey Forms) Providing Hazardous Substance Survey Forms and Environmental Hazard Survey Forms to Employes Section 4 (35 P. S. § 7304) Chapter 307 (relating to Material Safety Data Sheet (MSDS)) Providing MSDSs to employes Section 7(a)(1) (35 P. S. § 7307(a)(1)) Chapter 311 (relating to posting notices and other information) Posting information in the workplace Section 6 (35 P. S. § 7306) Chapter 309 (relating to labeling of substances) Labeling containers and pipelines in the workplace Section 8 (35 P. S. § 7308) Chapter 313 (relating to employer educational and training program) Training employes (2) An article is exempt from the act and this part under section 18(a)(1) of the act (35 P. S. § 7318(a)(1)).
(3) A product intended for personal consumption by employes in the workplace is exempt from the act and this part under section 18(a)(2) of the act (35 P. S. § 7318(a)(2)).
(4) A consumer product that is packaged in a container which is primarily designed for distribution to, and use by, the general public is exempt from the act under section 18(a)(3) of the act (35 P. S. § 7318(a)(3)).
(5) A product primarily intended for sale on the retail market to the general public and sealed in a package to be used therein is exempt from the act under section 2 of the act (35 P. S. § 7302).
(6) Foods, drugs and cosmetics as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321); 21 CFR Part 1 (relating to general regulations for the enforcement of the Federal Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act); section 18(a)(4) of the act (35 P. S. § 7318(a)(4)) and other cosmetics, under the definition of chemical in section 2 of the act (35 P. S. § 7302) are exempt.
(7) Tobacco, as defined in section 2 of the act (35 P. S. § 7302) and under the Federal Cigarette Labeling and Advertising Act (15 U.S.C.A. § § 1331—1341) is exempt.
(c) Special applications.
(1) Research and development laboratories.
(i) A research and development laboratory is not required to do the following:
(A) Complete a Hazardous Substance Survey Form under section 3 of the act (35 P. S. § 7303) and § 303.1 (relating to Hazardous Substance Survey Forms).
(B) Complete an Environmental Substance Survey Form under section 3 of the act (35 P. S. § 7303) and § 303.2 (relating to Environmental Hazard Survey Forms).
(C) Conduct onsite testing under section 3 of the act (35 P. S. § 7303) and § 323.6 (relating to onsite testing of environmental hazards).
(D) Prepare MSDS under section 4 of the act (35 P. S. § 7304) and Chapter 307 (relating to Material Safety Data Sheet (MSDS)).
(E) Disclose new information regarding a hazardous substance under section 5(b) of the act (35 P. S. § 7305(b)) and § 307.13 (relating to new information).
(F) Post lists of hazardous substances and special hazardous substances found in the workplace, and environmental hazards emitted or discharged therefrom under section 7(a)(1) of the act (35 P. S. § 7307(a)(1)) and Chapter 311.
(G) Label containers and pipelines under section 6 of the act (35 P. S. § 7306) and Chapter 309.
(H) Provide public access to information under section 5(g) of the act (35 P. S. § 7305(g)) and § 305.6 (relating to public access).
(I) Develop new MSDSs for new or experimental chemicals created in the laboratory under section 18(b) of the act (35 P. S. § 7318(b)) and § 307.8 (relating to responsibility for preparing MSDSs).
(ii) A research and development laboratory shall make available MSDSs for chemicals otherwise acquired from manufacturers, suppliers and importers under section 18(b) of the act (35 P. S. § 7318(b)).
(2) Sealed packages.
(i) A sealed package handled by an employer which stores, warehouses or transports sealed packages and which is not the manufacturer, supplier or importer of the chemical contained in the sealed package is not required to comply with subparagraph (ii) with respect to the sealed package and the chemicals it contains if:
(A) The package remains sealed while in the employer’s possession and control. A sealed package may be opened to examine the contents for emergency or safety reasons and by Federal authorities.
(B) The employer transfers possession and control of the sealed package to another person within 20 days of the employer’s receipt.
(C) An additional 10 day grace period is permitted for unusual circumstances. Persistent use of the 10 day extension may be deemed a violation of this part by the Department.
(ii) If the conditions in subparagraph (i) are met, the following exemptions apply:
(A) The contents of the packages need not be considered when completing a Hazardous Substance Survey Form under section 3(e) of the act (35 P. S. § 7303(e)) and § 303.1.
(B) The contents of the packages need not be considered when completing an Environmental Hazard Survey Form under section 3(g) of the act (35 P. S. § 7303(g)) and § 303.2.
(C) The contents of the packages need not be considered when completing an MSDS under sections 4(b) and 5(e) of the act (35 P. S. § § 7304(b) and 7305(e)) and Chapter 307.
(D) Labeling the sealed package under section 6 of the act (35 P. S. § 7306) and Chapter 309 is not required.
(E) Posting notices regarding the package under section 7 of the act (35 P. S. § 7307) and Chapter 311 is not required.
(F) Training employes regarding the contents of the sealed packages under section 8 of the act (35 P. S. § 7308) and Chapter 313 is not required.
(G) Disclosing trade secrets contained in the sealed package under section 11 of the act (35 P. S. § 7311) and Chapter 317 (relating to trade secrets) is not required.
(H) Conducting onsite testing under section 3(h) of the act (35 P. S. § 7303(h)) and § 323.6 (relating to onsite testing of environmental hazards) is not required.
(3) Employers without employes. An employer is not required to comply with the following if the employer does not have present employes:
(i) Completing a Hazardous Substance Survey Form under section 3(e) of the act (35 P. S. § 7303(e)) and § 303.1.
(ii) Making readily available MSDSs for hazardous substances or hazardous mixtures available to employes under sections 4(b) and 5(e) of the act (35 P. S. § § 7304(b) and 7305(e)) and Chapter 307.
(iii) Labeling containers of a hazardous substance, hazardous mixture, single chemical and mixture under sections 6(a)(1)—(5) and (6)(b)—(g) of the act (35 P. S. § 7306(a)(1)—(6) and (b)—(g)), and § § 309.1(b)(2), 309.2(a)(i)—(iv), 309.3—309.6(a), (b), (e) and (f) (relating to labeling; information required on label; common name usage; hazard warning; pipelines; and general conditions applying to labels).
(iv) Posting notices under section 7 of the act (35 P. S. § 7307) and Chapter 311.
(v) Providing education and training programs under section 8 of the act (35 P. S. § 7308) and Chapter 313.
(d) Other statutes.
(1) Construction with Federal statutes. This part shall be read in conjunction with Federal statutes or regulations providing for the identification, labeling or providing of information concerning hazardous substances, and is intended to supplement Federal regulations in the interests of protecting the health and safety of citizens of the Commonwealth.
(2) Similar laws. Evidence of compliance with other statutes that meet the requirements of the act constitutes compliance with similar provisions of the act and this part.
Source The provisions of this § 301.3 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 (109958) to (109962).
Cross References This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).
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