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Confusion seems to abound in the
area of hazardous materials and
their applicable Hazard Communication
Standards and Employee Right to
Know Laws. Let's put the record
straight for public schools and
the applicable Right to Know Laws.
The federal government has a Right
to Know Law, but the law does
not extend coverage to state and
local governments. Almost all
state governments have either
passed their own version of the
Hazard Communication Act or put
their stamp of approval on the
federal government's law and extended
jurisdiction to cover local and
state governmental bodies.
Purpose
To inform the employee about any unknown hazards associated with the employee's work. The employee has the right to know about all the hazards he/she may be dealing with in the workplace.
Major Ingredients
1) Material Safety Data Sheets (MSDS)
MSDS are usually the primary way of communicating the hazards of a particular agent to an employee or an employer. This requirement generally states the employer should acquire, update and maintain MSDS for all of the hazardous materials used or stored in the facility and make those MSDS available to the employee for informational purposes.
The minimum standards for MSDS include:
- The MSDS must be written in English
- Chemical name
- Hazardous components
- Physical characteristics (density, flashpoint, etc.)
- Physical hazards (fire, explosion, reactivity)
- Health hazards (both chronic and acute). All signs or symptoms of exposure must be listed. Carcinogens must be identified.
- Primary routes of entry
- Permissible exposure limits or TLV
- Any applicable precautions (gloves, goggles, fume hood, etc.)
- First aid and emergency procedures (chemical splash, spill handling, etc.)
- Date prepared
- Name and address of the manufacturer or MSDS preparer including the phone number
2) Hazardous Materials List
This item consists of a list of
all the hazardous agents present
in the workplace. In most states
this list is kept only by the
employer and access is given to
the employee on request. Some
states like Vermont, Florida and
Rhode Island, to name a few, require
a copy of this list to be given
to the fire department or some
state agency. See the state-by-state
breakdown of the Right to Know
Laws for further details. This
information will be found under
the "Special Comments" section
for details regarding your state's
reporting requirements. Even in
states with no reporting requirements
to the fire department, the laws
usually state you must give the
fire department a list of these
hazardous agents if such a list
is requested by them.
3) Inventory
The hazardous materials list and an up-to-date inventory usually go hand in hand. Both the list and the inventory must be continually updated. An inventory of all hazardous agents is an essential ingredient to most Right to Know laws.
4) Notification
All laws require the employer to notify the employee of any potential exposure or actual exposure to a hazardous substance. This is initially accomplished by posting the Right to Know regulations or poster where it is easily read and noticed by the employee. Notification is also accomplished through training and employee access to MSDS.
5) Training
Some state laws are very detailed and specific in the area of training requirements of employees. Only two states, Rhode Island and Texas, require the training of students as well as staff members. Most states require training to be done on an annual basis or when exposure to a new hazard is anticipated. Some states require this training to be in written form while others allow verbal training or some combination of both types. Training includes:
a) Learning to read labels and MSDS
b) Providing the locations of hazardous materials
c) Learning the hazards associated with the materials in
the workplace, both chronic and acute
d) Safe handling of chemicals
e) Use of protective equipment (fire extinguishers, respirators, etc.)
f) First aid and emergency procedures (spills, exposure, splashes, etc.)
* The Right to Know law summary information listed here was obtained from reliable sources in each state's government. We believe this information to be accurate and current at the time of the production of this web page.
Please note, the respective state's
Right to Know Laws may change
without notice. Please contact
the state office listed for more
specific details regarding your
state's Right to Know Law or Hazardous
Material Communication Standards.
6) Labels and Labeling of Hazardous Materials
Most laws state some minimum standard of labeling must be observed. This includes:
- Name of the chemical
- Hazards, both physical and health
- Name and address of the manufacturer
All states indicate that if the product is purchased and the label meets the standard, no further labeling is necessary. Some states, such as Oklahoma and New Jersey, require the CAS (Chemical Abstract Service) Number be part of the label. Massachusetts requires the NFPA (National Fire Protection Association) Code be part of the label. Regardless of which state law you read, all solutions must be labeled with the hazardous ingredients and applicable warnings to meet the minimum standards.
The New Laboratory Standard with the Chemical Hygiene Plan
In May of 1990, the federal government passed an extension of the Hazard Communication Act written specifically for the research and academic laboratory. Enforcement of the new Laboratory Standard began in January of 1991. The Laboratory Standard is very similar in many ways to the original law. The major difference is the requirement to have a Chemical Hygiene Plan and a Chemical Hygiene Officer.
A Chemical Hygiene Plan is basically all of your safety regulations and proper lab procedures written into a manual. Some examples might include: rules on not eating in the laboratory, eyewear requirements, proper evacuation procedures, and the proper handling of flammable materials, to name a few. This listing of rules and procedures are your Standard Operating Procedures. These rules and procedures must be well thought out with the goals of always minimizing the exposure of the employee and the student.
Flinn Scientific has developed a multi-paged model Chemical Hygiene Plan which you may alter to meet your individual school's needs. You may request a copy of this important document and it will be sent to you at no charge.
Overview
The various state Right to Know
Laws are very similar. The seven
major ingredients are always included
with only minor changes on who
and how to train or to whom you
will have to send MSDS and hazardous
materials lists. The paperwork
requirement (MSDS and reporting
lists) can be overwhelming, but
is required by the laws. The science
teacher's five major steps include:
1) Take an inventory (developing a list of hazards)
2) Acquire, update and maintain Material Safety Data Sheets
3) Label properly
4) Train
5) Develop a Chemical Hygiene Plan
Following these five steps will
not only help you comply with
your respective state's Right
to Know Law, but will also ensure
you will be working in a safer
place.
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Flinn Scientific has developed a multi-paged model Chemical Hygiene Plan which you may alter to meet your individual school's needs. For your free copy of this important document, send your request to us via the
Fantastic Flinn Freebies Request Center
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| © 2006 Flinn Scientific, Inc. All Rights Reserved. Reproduction
permission is granted to science teachers who are current customers
of Flinn Scientific, Inc. No part of this material may be reproduced
or transmitted in any form or by any means, electronic or mechanical,
including, but not limited to photocopy, recording, or any information
storage and retrieval system, without permission in writing from
Flinn Scientific, Inc.
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