RTKL Case Law Index (, updated March 3, 2022). (c)The workplace employer or site owner may conduct on-site testing instead of the Department. (6)International Agency for Research on Cancer sublist, entitled Sufficient Evidence of Carcinogenicity in Animals.. How do I request records from a government agency in Pennsylvania? RTKL document requests are for public records, unless subject to an exemption from disclosure under the RTKL. The law prohibits an agency from requiring a person to disclose the purpose or motive in requesting access to records. Generally, agencies cannot charge other fees. (Those are found in Section 708(b).) Is it a record? Certain privileges, such as attorney-client privilege, and court orders can also come into play. Any RTKL request received by the RTKL Office after the close of regular business hours shall be deemed to have been received by that office on the following business day. Spouse's name, marital status, beneficiary or dependent information, Home addresses of law enforcement and judges, Records that identify social service recipients, including welfare recipients. )-, 5-ISOBENZOFURANCARBOXYLIC ACID, 1,3-DIHYDRO-1,3-DIOXO-, 5,12-NAPHTHACENEDIONE, 10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-8-(HYDROXYACETYL)-1-METOXY-, (8S-CIS)-, 5,12-NAPHTHACENEDIONE, 10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-8-(HYDROXYACETYL)-1-METOXY-, HYDROCHLORIDE, (8S-CIS)-, 5,12-NAPHTHACENEDIONE, 8-ACETYL-10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-1-METHOXY-, (8-CIS)-, 5H-PYRIDO[4,3-B]INDOL-3-AMINE, 1,4-DIMETHYL-, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, (3.ALPHA.,5A.ALPHA.,6.BETA.,9.BETA.,9A.ALPHA. Cmwlth.) Emergency Planning and Community Right-to-Know Act (EPCRA). 67.101 et seq. WITH 1,2-DICHLOROPROPANE, 1,2-BENZENEDICARBOXYLIC ACID, BIS(2-ETHYLHEXYL) ESTER, 1,2-BENZENEDICARBOXYLIC ACID, BUTYL PHENYLMETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DI-2-PROPENYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIBUTYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIMETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIOCTYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, 2-ETHOXY-2-OXOETHYL ETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, 2-ETHOXY-2-OXOETHYL METHYL ESTER, 1,2-BENZENEDIOL,4-(1-HYDROXY-2-(METHYLAMINO)ETHYL)-, 1,2-BENZISOTHIAZOL-3(2H)-ONE, 1,1-DIOXIDE, 1,2-BENZISOTHIAZOL-3(2H)-ONE, 1,1-DIOXIDE, SODIUM SALT, 1,2-ETHANEDIAMINE, N-(2-AMINOETHYL)-N'-[2-[(2-AMINOETHYL)AMINO]ETHYL]-, 1,2-ETHANEDIAMINE, N,N-DIMETHYL-N'-2-PYRIDINYL-N'-(2-THIENYLMETHYL)-, 1,2-ETHANEDIAMINE, N,N'-BIS(2-AMINOETHYL)-, 1,2,3-PROPANETRICARBOXYLIC ACID, 2-HYDROXY-, AMMONIUM IRON(3+) SALT, 1,2,3-PROPANETRICARBOXYLIC ACID, 2-HYDROXY-, DIAMMONIUM SALT, 1,2,3,4-BUTANETETROL, 1,4-DIMETHANESULFONATE, [S-(R*,R*)]-, 1,2,4-METHENOCYCLOPENTA[CD]PENTALENE-5-CARBOXALDEHYDE, 2,2A,3,3,4,7-HEXACHLORODECAHYDRO-, (1.ALPHA.,2.BETA.,2A.BETA.,4.BETA.,4A.BETA.,5.BETA.,6A.BETA.,6B.BETA.,7R*)-, 1,2,4-TRIAZIN-5(4H)-ONE, 4-AMINO-6-(1,1-DIMETHYLETHYL)-3-(METHYLTHIO)-, 1,3-BENZENEDIAMINE, 4-METHOXY-, SULFATE (1:1), 1,3-CYCLOPENTADIENE, 1,2,3,4,5,5-HEXACHLORO-, 1,3,4-METHENO-1H-CYCLOBUTA[CD]PENTALENE, 1,1A,2,2,3,3A,4,5,5,5A,5B,6-DODECACHLOROOCTAHYDRO-, 1,3,4-METHENO-2H-CYCLOBUTA[CD]PENTALEN-2-ONE, 1,1A,3,3A,4,5,5,5A,5B,6-DECACHLOROOCTAHYDRO-, 1,3,4-THIADIAZOL-2-AMINE, 5-(5-NITRO-2-FURANYL)-, 1,3,5-TRIAZINE-2,4-DIAMINE, 6-CHLORO-N-ETHYL-N'-(1-METHYLETHYL)-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1-CHLORO-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, POTASSIUM SALT, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, SODIUM SALT, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, SODIUM SALT, DIHYDRATE, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3,5-TRICHLORO-, 1,3,5-TRIAZINE, HEXAHYDRO-1,3,5-TRINITRO-, 1,3,5,7-TETROXOCANE, 2,4,6,8-TETRAMETHYL-, 1,4-BENZENEDIAMINE, N,N'-BIS(1-METHYLPROPYL)-, 1,4-BENZENEDIAMINE, N,N'-BIS(1,4-DIMETHYLPENTYL)-, 1,4:5,8-DIMETHANONAPHTHALENE, 1,2,3,4,10,10-HEXACHLORO-1,4,4A,5,8,8A-HEXAHYDRO-, (1.ALPHA.,4.ALPHA.,4A.BETA.,5.ALPHA.,8.ALPHA.,8A.BETA. SRS can also be searched by a specific regulatory list and shows all the chemicals on that particular list. Encourageall employees to make RTK requests a priority and let them know that the OOR is a good resource if they have questions. What about an agency open records officer (AORO)? changes effective through 52 Pa.B. Merely stating that a record does not exist or making other factual assertions isn't enough for an agency to meet its burden of proof. If a chemical is a member of one of the groups, it is regulated in the same manner as one of the individually listed compounds. JavaScript appears to be disabled on this computer. Table of Contents The permittee will calculate the maximum safe usage rate for the chemical based on toxicity information contained in the Approved List. Within this program, you will find a copy of the Department of Labor . Constituent requests to a member of the House or Senate. Act 1984-159 - Pennsylvania Worker and Community Right to Know . An agency can ask, but the requester is not required to answer. 67.101 et seq. (b)Interested parties for purposes of consultation with respect to a request for on-site testing include the following: (1)The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required. The OOR's list of Commonly Misdirected Requests includes more information. The Department, at its discretion, will determine situations which constitute emergencies for purposes of this section. Here are several basic steps every agency should take: Appoint a good Agency Open Records Officer. The second version lists regulated chemical substances in order of the Chemical Abstracts Service (CAS) number. PUBLIC RECORD REQUEST: Be advised when RTKL requests are submitted to this agency, the request itself becomes a public record subject to disclosure under the RTKL, if requested. Title 105 CMR 670.000 - "Right To Know" Section 670.010 - The Massachusetts Substance List 105 Mass. )-, ANTHRACENE OILS (COAL TAR DERIVED PRODUCT), ANTIMONATE(2-), BIS[.MU.-[2,3-DIHYDROXYBUTANEDIOATO(4-)-O1,O2:O3,O4]]DI-, DIPOTASSIUM, TRIHYDRATE, STEREOISOMER, ARSENIC ACID (H3ASO4), CALCIUM SALT (2:3), ARSENIC ACID (H3ASO4), LEAD(2+) SALT (1:1), ARSENIC ACID (H3ASO4), LEAD(4+) SALT (3:2), ARSENIC ACID (H3ASO4), MONOPOTASSIUM SALT, AZIRIDINE, 1,1',1"-PHOSPHINOTHIOYLIDYNETRIS-, AZIRINO[2',3':3,4]PYRROLO[1,2-A]INDOLE-4,7-DIONE, 6-AMINO-8-[[(AMINOCARBONYL)OXY]METHYL]-1,1A,2,8,8A,8B-HEXAHYDRO-8A-METHOXY-5-METHYL-, [1AS-(1A.APHA.,8.BETA.,8A.ALPHA.,8B.ALPHA. (Or can it be withheld under the RTKL, another law or regulation, a privilege, or a court order?). Right-to-Know Officer A request should identify or describe the records sought with sufficient specificity to enable the Right-to-Know Officer to ascertain which records are being requested and shall include the name and mailing address to which a response should be addressed. If you do not have this number you many contact the DLT at (401) 462-8570, press option 5. (d)In an emergency, the Department may undertake testing at the Commonwealths expense. If you have any questions, call customer service at (toll free in Pennsylvania) 1-800-428-2657, or 717-772-5599. The appeal shall be sent to: The Commonwealth Office of Open RecordsCommonwealth Keystone Building333 MarketStreet - 16th FloorHarrisburg, PA 17101-2234Phone: 717.346.9903Email:openrecords@pa.gov. updated draft was posted on Dec. 30, 2020. 1317 and 1321). Health Care Services Review 2010-10-21T09:52:52-04:00 PATHS Pennsylvania citizens and workers have a right to know about chemical hazards present where they live and work. Search public notices by typing keywords in the Search field below, or by checking one or more boxes beside the filters listed on the right side. Call 412-429-1151 to schedule a consultation with the experienced team at The Skin Center. CHEMICAL NAME OF HAZARDOUS . Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. CONTRACTS: If you are requesting a state contract, certain state contracts are available on the Treasury Departments publicly accessible website and can be viewed by searching the Contracts e-Library, located at www.patreasury.org. However, courts havediscretion in regards to imposing penalties and costs for willful and wanton disregard of the law. Panel Providers Requests can be submitted by: mail - Printable Request Form or provide a request that is legible; Other substances the department added by regulation including: biodiesel, synthetic fuels and oils, tung oils, wood-derivative oils, inedible seed oils from plants and pure ethanol intended for blending with motor fuels. Thus, anylegal resident of the United States can file a request under the RTKL. This is a part of: 301 CMR Regulation 301 CMR 41.00: Toxic or hazardous substance list Companies that use large quantities of toxic and hazardous chemicals annually report the use of these chemicals to MassDEP. 717-783-1111. It is not necessary to send a copy of the completed HSSF A requester can ask, but agencies are not required to provide records in response to verbal requests. Publications OHSA Permissible Exposure Levels . This is revision 9, dated March 2014. Should I use the RTKL? %PDF-1.6 % Clicking on items in the results list will display the documents. 5511.1-5511.42. How does an agency provide evidence to meet its burden of proof? Section 304 of the Emergency Planning and Community Right-to-Know Act requires this report within 30 days, but Pennsylvania's Act 165 requires this to be done in 14 days. RCRA Halogenated Organic Compounds To obtain access to DEP information under the Pennsylvania Right-to-Know Law (RTKL), you can complete the online form listed below and submit it electronically, or print it out and email it or fax it to 717-705-8023, or mail it to the Agency Open Records Officer ("AORO") at: Agency Open Records Officer, DEP/BOS, PO Box 8473, Harrisburg, PA A .gov website belongs to an official government organization in the United States. Premanufacture Notice Number . Keystone State. (2)EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. Section 112(r) of the Clean Air Act (CAA). Keystone State. (If you don't have a records management policy, create one.). information about hazardous chemicals to be communicated to Pennsylvanias workers and citizens. Workers' Compensation Forms )-, 2H-1-BENZOPYRAN-2-ONE, 4-HYDROXY-3-(3-OXO-1-PHENYLBUTYL)-, 2H-1-BENZOPYRAN-3,5,7-TRIOL, 2-(3,4-DIHYDROXYPHENYL)-3,4-DIHYDRO-, (2R-TRANS)-, 2H-1,3,2-OXAZAPHOSPHORIN-2-AMINE, N,N-BIS(2-CHLOROETHYL)TETRAHYDRO-, 2-OXIDE, 20-NORCROTALANAN-11,15-DIONE, 14,19-DIHYDRO-12,13-DIHYDROXY-, (13.ALPHA.,14.ALPHA. You are not required to state a reason for making a request for records. Proudly founded in 1681 as a place of tolerance and freedom. (E)]]-, D-GLUCOSE, 2-DEOXY-2-[[(METHYLNITROSOAMINO)CARBONYL]AMINO]-, DIBENZO[B,E][1,4]DIOXIN, 2,3,7,8-TETRACHLORO-, DIPYRIDO[1,2-A:2',1'-C]PYRAZINEDIIUM, 6,7-DIHYDRO-, DIPYRIDO[1,2-A:2',1'-C]PYRAZINEDIIUM, 6,7-DIHYDRO-, DIBROMIDE, DL-PHENYLALANINE, 4-[BIS(2-CHLOROETHYL)AMINO]-, ESTRA-1,3,5(10)-TRIENE-3,17-DIOL (17.BETA. 7348 (November 26, 2022). A minor's name, home address, date of birth. Some of the records agencies may withhold under the 30 exceptions in the RTKL include: Yes. Immediately preceding text appears at serial pages (110017) to (110050). Public sector employers and any other Non-OSHA covered employers must comply with the employees access to chemical information and training provisions applicable to their workplace environment. complete this form to request Direct Interest Participant status. The Pennsylvania Department of Labor & Industry has developed the Online Hazardous Substance Survey Form (HSSF) to assist you in reporting information about the hazardous chemicals present at your facility that are regulated by the state Worker and Community Right to Know Act. Regulated substances come in three types: The file containing the complete regulated substance booklet can be found at the eLibrary site or click on this link Regulated Substances List (2630-BK-DEP2724) (PDF). The United States can file a request under the RTKL ( or can it be withheld under 30... Second version lists regulated chemical substances in order of the House or Senate place of tolerance freedom. Person to disclose the purpose or motive in requesting access to records Skin Center document... You are not required to answer, 2020 in section 708 ( b ). ). ) )... Free in Pennsylvania ) 1-800-428-2657, or a court order? ). ). ) )... 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