An Employer’s Obligation
to Disclose
Information to the
Public - PART II
John C. Becker
Associate Professor
of Law
In a previous #
column I dis
cussed some of
obligation to
disclose inform*
the
public. For em
ployers who are subject to
OSHA’s Hazard Communication
Standard, there are additional
requirements.
The first of these additional
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BLUE MOUNTAIN
ENTERPRISES, INC.
Rt. 72 South, Jonostown, PA
717-865-2994
BOWERS LAWN
M.S. YEARSLEY & SONS & GARDEN
KQ-120 E. Market St., Weat Cheater, PA Lyona Rd., Bowara, PA'
215-696-2990 215-682-7716
«•
GAP POWER EQUIPMENT a ft B SALES ft SERVICE
Corner o( Rl. MI *. Rt M 7. Gap, PA 2 M|<( South 0 , m 2J Along 772
717-442-8970 Thru Monterey • HD 1 Honka. PA
IVAN MARTIN’S
SAW SERVICE
RO 1 Box 669, Port Trovorion, PA
EBLING LAWN &
GARDEN SERVICE
646 E. Lincoln Ava.
Myeratown, PA
717-866-6720
LINCOLN SUPPLY &
EQUIPMENT CO.
Somtroot, PA 814-443-1691
McCoolo, MO 301-786-6800
obligations requires an employer,
or facility operator, to submit a
copy of each MSDS to the state
commission, the local committee
and the local fire department if
hazardous chemicals are present in
amounts equal to or greater than
10,000 pounds, or extremely
hazardous substances greater than
or equal to SOO pounds, SS gallons,
or the threshold planning quantity,
whichever is less. On October 17,
1989, MSDS’s for all remaining
hazardous chemicals will be sub
mitted, regardless of the amount
maintained at the facility.
The next additional requirement
deals with reporting,to the state
commission, local planning com
mittee and local fire department.
!HL
POIICUT
FS 66 TRIMMER
For heavier duly trimming and
cutting Has the added strength
of a straight step
/loop handle version
$329“
• 19 6 cc engine
• 11 6 lbs loop handle
*ll© ibs bike handle
• Anti vibration system for comfort
• Electronic ignition starts for sure
• Spark arresting muffler
• Can use various cutting
attachments
loop handle version ,
$239“
bike handle version
OXFORD GREENLINE, INC.
11W Limootono Rd., Oxford, PA 19363
215-932-2753
MARTIN HARDWARE &
EQUIPMENT CO.
111. 501, 1% Miloa South of Schaalfaratown, PA
717-949-6817
BOMBERGER’S STORE, INC.
656 W. Newport Rd., Elm, PA
717-665-2407
PASSMORE SERVICE
CENTER. INC.
RD 1, Ht. 100, Bechtelaville, PA
215-367-9084
Those employers or facility opera
tors who file an MSDS must also
file a chemical inventory form
known as either a “Tier 1" or “Tier
2“ form. The initial filing dale of
the inventory form was March 1,
1988 and the obligation continues
annually thereafter. With the
expansion of the MSDS filing
requirement in October, 1989, fil
ing of the chemical inventory form
will also apply to those employers
and facility operators. Expansion
of OSHA’s hazard communication
regulations on May 23. 1988 will
create the obligation for additional
employers to file chemical inven
tory forms on March 1, 1989, the
annual renewal date for all initial
filings.
When selecting the report form
to use, a ‘Tier 2“ form can be used
in place of a ‘Tier 1“ form. At pre
sent, the state emergency response
commission requests Pcnnsylvani
a employers and facility operators
to use the ‘Tier 2“ form to fulfill
the reporting requirement. The
Bureau of Worker and Community
Right to Know in the Pennsylvania
Department of Labor and Industry
will be the place where MSDS’s
and “Tier 2“ inventory report
forms will be filed to satisfy filing
with the state commission.
Under EPA regulations, any
person may obtain an MSDS from
mM
FS 81 TRIMMER
A durable yet lightweight *
BrushcuTter tor tnmrw
weeds and brush
22 5 cc engine
14 3 lbs ‘oop or bi
Straight shaft
Anti vibration syster
comfort
Electronic ignition
Spark arresting muffl
Can use various cr
attachments
SHARTLESVILLE
FARM SERVICE
RD 1 Box 1392, Hamburg, PA
HOLLINGER’S LAWN &
GARDEN EQUIP.
Ephrata, PA 717-738-1131
Hamhay, PA 717-533-4060
Lancaster, PA 717-656*2710
WES STAUFFER
ENGINES & EQUIPMENT
✓ tested
y/ Reliable
✓ fast
bike handle
$359“
215-488-1025
23 Haoaanl Vallay Rd
Ephralo, PA 17622
717-736-4215
STIHL
Everything You
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Lancaster Farming, Saturday, August 20,19&A&
a specific facility by submitting a
written request to the local plan
ning committee. If an employer or
facility operator has selected the
‘Tier 1“ inventory report form, a
“Tier 2“ report may be requested
by a state commission or local
planning committee member act
ing in his or her official capacity,
or if the request is limited to
hazardous chemicals stored in
amounts in excess of 10,000
pounds. In other situations, a
request for a “Tier 2“ inventory
form may be made if the request
includes a general statement of
need. Such a situation might be a
request by a private citizen for
‘Tier 2“ report forms. When the
request is received by a state com
mission or local planning commit
tee, the statement of need will be
evaluated and then forwarded to
the employer or facility operator.
A final requirement of SARA
deals with reporting requirements
for release of toxic chemicals. This
obligation is limited to certain
employers and facility operators.
To be subject to this requirement,
an owner or facility operator must
meet all of these guidelines;
State Plowing Contest
MANCHESTER (York) The
Pennsylvania State Plowing con
test will be held on Friday, August
26, during Old Tyme Days, at
Renlzcl’s Sale Bam, Manchester,
York County. Rain date is Satur
day, August 27.
Winner of the stale contest will
be eligible to plow in the National
Contest, being held in conjunction
with the 1988 World Ag Expo,
September 7 to 10 at the Amana
Colonics, lowa. National winners
become eligible to compete in the
1989 National Plowing Contest in
Klcpp, Norway.
POLE
BUILDIRBS
Agricultural - Residential - Commercial
Please call us for a free estimate and no obligation
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CONESTOGA BUILDING SUPPLY CO.
-202 (Man Rd., Now Hoi land. PA 17957
1-800-544 9494. 717-384-2613
"The
SOYBEAN ROASTING ON
YOUR FARM
Don't Waste It - Roast It!
This Little Piggy Went To Market, ~ /*rl\ ss
This Little Piggy Stayed Home, gl 2
This Little Piggy Had... Hf ( ) [ JC )li
ROASTED SOYBEANS
ALLEN SUMMERS
703 E Christine Rd
Nottingham, Pa 19362
215-932-4761
The facility must have 10 or
more full time employees.
The facility must be classed in
one of the standard industrial clas
sification codes from 20 through
39, as in effect on January 1,1987.
The facility manufactures, pro
cesses. or otherwise uses a toxic
chemical in excess of a threshold
quantity of that chemical as set by
regulations.
Threshold quantities of toxic
chemicals vary according to activi
ty that involves the product and the
year in which it takes place. For
example, facilities that manufac
ture or process a toxic chemical
during 1987 are obligated to file a
report if more than 75,000 pounds
of the chemical was manufactured
or processed. In 1988, this figure is
reduced to 50,000 pounds and
further reduced in 1989 and there
after to 25,000 pounds. If a chemi
cal is “otherwise used** at a facility
the threshold amount is 10,000
pounds for any year.
The list of toxic chemicals to
which this requirement applies
was published in the Federal
Register, Volume 52, No. 107.
An estimated 28 countries are
expected to participate in the 1988
World Plowing Contest, also being
hosted in Amana as part of the
World Ag Expo. Dauphin Coun
tian Bob Miller will represent the
United Slates in that contest Ten
tative planning includes demon
strations by Russian plowmen as
part of the world plowing
activities.
Pennsylvania plowing competi
tors interested in more information
on the 1988 state contest should
contact Richard Pennay, state
ASCS office, 717-782-4593.
igher Profits From All Grains,
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CUSTOM GRAIN ROASTING
DONE IN PA. &
SURROUNDING STATES
DALE L. SCHNUPP
RD6, Lebanon, Pa. 17042
PH: 71^-865-6611
DAVID N. GROFF
RO 1 6ox 506 C
Levmburg, Pa 17837
717 966-3593
mts*