Section 305.3. Maintenance and disclosure of Environmental Hazard Survey Form

(a) Maintenance of Environmental Hazard Survey Form.

(1) An employer shall complete a Environmental Hazard Survey Form under § 303.2 (relating to Environmental Hazard Survey Forms).

(2) An employer who completes an Environmental Hazard Survey Form shall keep a copy of the form on file at the workplace to which the form applies and at the employer’s principal place of business in this Commonwealth. Employers are required to keep only the most current Environmental Hazard Survey Form for a workplace.

(b) Disclosure of Environmental Hazard Survey Form to employes. A nonmanufacturing employer shall provide a copy of the Environmental Hazard Survey Form upon the request of an employe, only if such a survey has already been conducted under § 303.2.

(c) Disclosure of Environmental Hazard Survey Form to the general public.

(1) A person living or working in this Commonwealth may submit a written request to the Department for an Environmental Hazard Survey Form. Written requests shall be sent to: 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) The name and address of the person requesting the survey.

(ii) The name, address and workplace of the employer maintaining the Environmental Hazard Survey Form.

(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 Environmental Hazard 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, agent or employee 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 an Environmental Hazard Survey Form, shall return the form within 30 calendar days of the date of the Department’s request. Upon receipt of a request meeting the requirements of paragraph (2), the Department will, within 45 days, transmit a copy of the form to the original requestor, if the employer in question has responded to the Department’s request, unless the Department has a current Environmental Hazard Survey Form on file.

(4) If upon receipt of the Environmental Hazard Survey Form, the Department determines that the form is not complete, the Department may return it to the employer and provide an explanation of those portions which need to be completed. An employer may be given no more than an additional 10 days from receipt of the Department’s notification to make corrections and completions, after which the form shall again be returned to the Department.

(5) The name and address of the requestor will be kept confidential by the Department, except as provided in § 321.2(a) (relating to complaint and investigation procedure).

(d) Disclosure of Environmental Hazard Survey Form to emergency response agency.

(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 the most current completed Environmental Hazard Survey Form, and relevant and available information concerning environmental hazards pertaining to the workplace in question, within 20 days of receipt of the request, if the Department had previously requested the completion of the form.

(2) Absent good cause, no employer may be required to provide more than one copy of the most current Environmental Hazard Survey Form to the same emergency response agency.

(3) Disclosure of Environmental Hazard Survey Forms by an emergency response agency is limited to the official business purpose of the requesting agency.

Notation

Cross References

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); 34 Pa. Code § 305.6 (relating to public access); and 34 Pa. Code § 307.15 (relating to public access).